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DEVELOPMENT ASSESSMENT COMMITTEE

NOTICE OF MEETING
Wednesday, 8th December 2010


2 December 2010


His Worship The Mayor and Councillors

I have by direction to inform you that a meeting of the Development Assessment Committee of the Council will be held at the Civic Centre, Hurstville on Wednesday, 8 December 2010 at 7.00 pm for consideration of the business mentioned hereunder.

Victor G D Lampe
General Manager


BUSINESS

1. Apologies

2. Disclosures of Interest

3. Confirmation of Minutes

4. Consideration of reports


COMMITTEE MEMBERSHIP

His Worship the Mayor, Councillor P Sansom
Councillor V Badalati
Councillor B Giegerl, OAM
Councillor C Hindi
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor S McMahon
Councillor D Perry
Councillor W Pickering
Councillor A Wagstaff
Councillor C Wong

The Quorum for the meeting is 7

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DEVELOPMENT ASSESSMENT COMMITTEE

SUMMARY OF ITEMS
Wednesday, 8th December 2010



ITEMS


DAC123-10 MINUTES: DEVELOPMENT ASSESSMENT COMMITTEE - 06/10/2010 (09/1214)DAC125-10 MINUTES: DEVELOPMENT ASSESSMENT COMMITTEE - 03/11/2010 (09/1214)DAC122-10 HUR - 8 MCLEOD STREET, HURSTVILLE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A TWO STOREY DWELLING HOUSE AND FRONT FENCE (10/DA-302)DAC124-10 PK - 107 OGILVY STREET, PEAKHURST - ALTERATIONS AND ADDITIONS TO EXISTING DWELLING HOUSE (10/DA-281)DAC126-10 PK - 115 MI MI STREET, OATLEY - CONSTRUCTION OF A SWIMMING POOL, DECK AND FILL IN REAR YARD (10/DA-336)DAC127-10 PK - 7 BERKELEY STREET, PEAKHURST - GROUND FLOOR ALTERATIONS AND ADDITIONS, AND FIRST FLOOR ADDITIONS (10/DA-240)DAC128-10 PK - 11 ALSACE LANE, PEAKHURST - ALTERATIONS TO EXISTING RESIDENCE INCLUDING NEW GARAGE (10/DA-301)DAC129-10 PNS - 18 BLACKSHAW AVENUE, MORTDALE - SECTION 96 MODIFICATION TO APPROVED DUAL OCCUPANCY INCLUDING EXTENDED COVER OVER REAR PATIO AREAS, EXTENDED FLOOR SLAB OF REAR BALCONIES, ADDITION OF PRIVACY SCREENS ON FIRST FLOOR LEVELS AND ADDITION OF AIR CONDITIONING UNITS (2009/DA-302REV1)DAC130-10 PNS - 108-112 BOUNDARY ROAD, MORTDALE - SECTION 82A REVIEW - RETENTION OF EXISTING SHOPS, CONSTRUCTION OF A TWO STOREY DEVELOPMENT CONTAINING COMMERCIAL STORAGE AREA, 8 X 3 BEDROOM AND 1 X 2 BEDROOM DWELLINGS WITH BASEMENT CAR PARKING AREA, AND CONSOLIDATION OF SITE INTO ONE ALLOTMENT (09/DA-466:3)DAC131-10 PNS - 31 ARCADIA STREET, PENSHURST - GROUND FLOOR ADDITIONS TO ENCLOSE (INDOOR) A BARBEQUE AREA, CREATE AN ALFRESCO DINNING AREA AND NEW INGROUND POOL (10/DA-373)DAC132-10 PNS - 7 ST CATHERINE STREET, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A NEW TWO STOREY DWELLING (10/DA-411)DAC133-10 PNS - 525 FOREST ROAD, PENSHURST - ADDITION OF A NEW REAR DECK AND A NEW CARPORT ON THE EASTERN SIDE TO THE EXISTING DWELLING, A NEW INGROUND SWIMMING POOL, CONSTRUCTION OF A NEW SECONDARY DWELLING AT THE REAR SOUTH WESTERN CORNER OF THE SITE AND THE CONVERSION OF AN EXISTING GARAGE INTO AN OUTBUILDING TO BE USED AS AN ENTERTAINMENT AREA TO SERVE THE PROPOSED SWIMMING POOL (10/DA-276)DAC134-10 PNS - 31 CARRUTHERS STREET, PENSHURST - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF A NEW TWO STOREY SEMI DETACHED SMALL LOT HOUSING DWELLINGS (10/DA-279)DAC135-10 PNS - 54 VILLIERS AVENUE, MORTDALE - SECTION 82A REVIEW - DEMOLITION OF EXISTING AND CONSTRUCTION OF A NEW TWO/THREE STOREY DWELLING WITH AN INGROUND SWIMMING POOL AND FRONT BOUNDARY FENCE (10/DA-206)DAC136-10 PNS - 12 BUNGALOW ROAD, PEAKHURST - DEMOLITION OF EXISTING AND CONSTRUCTION OF NEW TWO STOREY ATTACHED DUAL OCCUPANCY AND TORRENS TITLE SUBDIVISION (10/DA-391)DAC137-10 HUR - 5 ELIZABETH STREET, HURSTVILLE - SECTION 96 MODIFICATION TO APPROVED DEVELOPMENT - MODIFICATION TO WINDOWS, NEW WINDOWS AND INCREASE WIDTH OF GARAGE (2007/DA-154REV1)DAC138-10 HUR - 94 HUDSON STREET, HURSTVILLE - UNAUTHORISED CONVERSION OF GARAGE/OUTBUILDING TO A SECONDARY DWELLING AND THE COMPLETION OF PARTIALLY CONSTRUCTION OUTBUILDING BUILT WITHOUT CONSENT (10/DA-232)DAC139-10 HUR - 7 LOUIS TERRACE, HURSTVILLE - DEMOLITION OF EXISTING FRONT GARAGE, CONSTRUCTION OF NEW CARPORT, FRONT FENCE AND LANDSCAPING WORKS (10/DA-423)DAC140-10 HUR - 133 VANESSA STREET, KINGSGROVE - CHANGE OF HOURS TO EXISTING BOTTLING AND DISTRIBUTION BUSINESS - 6.00AM TO 11.00PM MONDAY TO FRIDAY AND 7.00AM TO 7.00PM ON SATURDAY (10/DA-387)DAC141-10 HUR - 22 ANNIE STREET, HURSTVILLE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF TWO STOREY DWELLING, FRONT FENCE AND SWIMMING POOL TO REAR (10/DA-428)DAC142-10 PK - 18-30 PINDARI ROAD, PEAKHURST - MIXED USE COMMERCIAL/RESIDENTIAL DEVELOPMENT WITH BASEMENT CAR PARKING (10/DA-83)DAC143-10 PNS - 45 BLACKSHAW AVENUE, MORTDALE - DEMOLITION OF EXISTING BUILDINGS AND THE CONSTRUCTION OF TWO TOWNHOUSES AND ONE VILLA (10/DA-268)DAC144-10 HUR - 37-43 FOREST ROAD, HURSTVILLE - DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF SINGLE STOREY RETAIL DEVELOPMENT (10/DA-256)
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DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 8th December 2010

DAC122-10 HUR - 8 MCLEOD STREET, HURSTVILLE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A TWO STOREY DWELLING HOUSE AND FRONT FENCE


Applicant

Mr Mounza Mortada (Architect)

Proposal

Demolition of existing structures and construction of a two storey dwelling house and front fence

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Enviornmental Plan, Development Control Plan No 1 - LGA Wide - Section 2.2 Neighbour Notification, Section 3.4 Crime Prevention through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-site Detention (OSD) Requirements, Section 3.8 Fences Adjacent to Public Roads, Section 3.9 Waste Management, Section 4.1 Single Dwelling Houses

Hurstville Local Environmental Plan 1994 interpretation of use

Demolish and Dwelling House

Owner/s

Mr Taher Mahmoud Haidar

Existing development

Single storey dwelling house with detached outbuildings

Cost of development

$504,000.00

Reason for referral to Council

Four (4) submissions received

Report author/s

Senior Development Assessment Officer, Ms P Bizimis

File No

10/DA-302

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks permission to demolish the existing structures and construct a two (2) storey dwelling house and front fence.

2. The proposed development has been assessed against the requirements of the relevant planning instruments and development control plans and complies

3. The application was notified/advertised in accordance with Council’s requirements and four (4) submissions were received in reply. The issues raised in the submissions are discussed in the report.


AUTHOR RECOMMENDATION

THAT the application be approved subject to the conditions detailed in the recommendation.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks permission to demolish the existing structures and construct a two (2) storey dwelling house and front fence. Details of the proposed development are as follows:

Lower ground floor The lower ground floor will contain rumpus room, gym, bathroom and stairs to the ground floor. A terrace area is provided to the rear of the lower ground floor with access from the gym and rumpus room.

Ground floor The proposed ground floor will contain a double garage, lounge room, family room, dining room, kitchen, guest room with ensuite, laundry, bathroom, and stairs to the lower ground floor and first floor. An “alfresco” area will be located at the rear of the ground floor with access from the family room and dining room. External access to the alfresco area is provided from a stair and landing located on the north eastern (side) elevation of the dwelling. A front fence is proposed to the front boundary of the site which will be of rendered brickwork and aluminium gates with a maximum height of 1.2m

First floor The proposed first floor will contain master bedroom with walk-in-robe and ensuite, bedroom 2 with ensuite, and three (3) other bedrooms (five (5) in total), bathroom, and stairs to the ground floor. Two (2) balconies will be provided to the front elevation of the development with access off the master bedroom and bedroom 2, and one (1) balcony will be provided to the rear elevation with access off bedroom 4 and 5.


BACKGROUND

The subject development application was lodged on 3 August 2010. The applicant submitted amended plans on 1 October 2010 in response to issues raised by the Development Assessment Officer and residents in submissions to the application. Further amended plans were submitted on 12 November 2010. The plans of 12 November 2010 are assessed in this report.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the northern side of McLeod Street, Hurstville, near the corner of Queens Road. The site has a frontage to McLeod Street of 15.505m and an irregular rear boundary of 16m and a total site area of 611sqm. The site has s significant slope to the rear of the site. Existing on the site is a single storey dwelling with detached garage. A retaining wall exists along most of the east (common) boundary with 6 McLeod Street and on the site approximately 25m into the site.

Adjoining the site to the west is a one (1) and two (2) storey dual occupancy development and to the east is a two (2) storey dwelling house. To the rear of the site are single storey dwelling houses. On the opposite side of McLeod Street are one (1) and two (2) storey dwelling houses. The area surrounding the subject site is characterised by one (1) and two (2) storey dwelling houses and dual occupancy development.


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 demolition of existing structures and construction of a two (2) storey dwelling and front fence is permitted in the zone with the consent of Council. The proposal meets the zone objectives.

Clause 14 – Tree preservation orders

No trees are to be removed to accommodate the proposed development. Two (2) trees are located at the rear of the site adjoining the rear boundary however these trees will be retained.

Clause 15 – Services

The proposed development will have facilities for the supply of water and for the removal or disposal of sewage and drainage.

Clause 22 – Excavation, filling of land

Excavation is proposed to the rear of the site to accommodate the proposed lower ground floor plan and to accommodate the terrace which is accessed from the lower ground floor level. The proposed excavation is unlikely to have an adverse impact on the adjoining developments as the proposed lower ground level is located away from the common (side) boundaries.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated. Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

There are no draft instruments that effect this application.

3. Development Control Plans

The proposed development has been assessed against the relevant sections of Development Control Plan No 1 as follows.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

Section 3.4 StandardProposalComplies
FencingAllows natural surveillance to streetProposed fencing allows natural surveillance to the streetYes
Blind CornersTo be avoidedNo blind corners evidentYes
Communal AreasProvide opportunities for natural surveillancePrivate open space area is visible from the kitchen, family, dining room, bedrooms and balconiesYes
EntrancesClearly visible and not confusingEntrance to the dwelling is visibleYes
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
-Natural surveillance is available from the first floor bedrooms and balconies
-Habitable rooms are directed towards the front of the dwelling where possible
-Garage is in accordance with the requirements
-Windows are offset or contain translucent glazing
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
To be provided by the applicant/owner of the dwellingYes
Lighting-Diffused/movement sensitive lighting provided externally
-Access/egress points illuminated
-No light-spill towards neighbours
-Hiding places illuminated
-Lighting is energy efficient
To be provided by the applicant/owner of the dwelling Yes
Building Identification-Clearly numbered buildings
-Entrances numbered
-Unit numbers provided at entry
House number requirement can be a condition of consent Yes, subject to condition of consent
SecurityProvide an appropriate level of security for each dwelling and communal areasAppropriate level of security provided to the dwellingYes
OwnershipUse of fencing, landscaping, colour and finishes to imply ownershipOwnership impliedYes
As can be seen from the table above, the proposal complies with Section 3.4.


DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY

A BASIX Certificate has been submitted with the application and meets the target scores. The proposed development meets the solar access requirements of Development Control Plan No 1 in that the ground level principle open space area of the adjoining development will receive at least 3 hours solar access between 9am and 3pm on 21 June.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION (OSD) REQUIREMENTS

The application was referred to Council’s Development Engineer who has raised no objection to the proposed development subject to conditions of consent being attached to any consent granted.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS

A front fence is proposed which will be of rendered brickwork and aluminium gates with a maximum height of 1.2m. The fence complies with the objectives of Development Control Plan No 1 and is acceptable.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.9 WASTE MANAGEMENT

A waste management plan has been submitted with the development application which complies with Council’s requirements. Waste facilities can be provided on the site in accordance with the requirements of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES

The proposed development complies with the requirements of section 4.1 as follows.

Section 4.1
Single Dwelling Houses
ControlPlanComplies
Floor space ratio0.55:10.53:1Yes
Landscaped and open space areas40%45%Yes
Area of principle private open space30sqm
Minimum 5m dimensions
>30sqm with minimum 5m dimensionsYes
Deep soil planting20% of site area>20% of site areaYes
Building height 9m9m maximumYes
External wall height7.2m7.2m maximumYes
Steep or sloping sitesBuilding must not protrude from the landscape but must be designed to be staggered or stepped into the natural slope of the landDesign is responsive to the topography of the siteYes
Front setback4.5m6.216mYes
Front setback of garage5.5m5.549mYes
Side setback900mm for ground floor
1200mm for first floor
Lower ground floor = 1.212m min
Ground floor = 1m min
First floor = 1.212m min
Yes
Rear setback3m for ground floor
6m for first floor
11.2m min for all floorsYes
Basement design-Maximum internal floor to ceiling height of 2.7m
-Light and ventilation in accordance with BCA

-Geotechnical report required where excavation depth exceeds 1.5m
-must not protrude more than 1m above existing ground level at any point
CompliesYes
Balconies and terraces1m wide planter box

1.8m privacy screen to side elevations
Privacy screens provided to side elevations Yes
Car parking2 spaces2 spacesYes
Access to car spaces for sites greater than 12m wideGarage doors must not occupy more than 40% of the width of the dwelling house at the street frontage39%Yes
Visual and acoustic privacy-Windows to be offset with neighbouring windows
-Primary living room windows maintain privacy of adjoining principle private open space
-Noise generators such as pool pumps not visible and reduce noise
Windows on first floor side elevations are provided as high sill windows or contain translucent glazing where appropriateYes
Solar AccessOpen space areas of adjacent dwellings to receive at least 3 hours sunshine between 9am and 3pm on 21 JuneComplies Yes
4. Impacts


Natural Environment

The proposed development is unlikely to have an adverse impact on the natural environment. No trees will be removed from the site to accommodate the proposed development. The proposed excavation for the lower ground floor area is setback from any common (side) boundaries and as such is unlikely to have an adverse impact on the natural environment or the adjoining developments.

Built Environment

The proposed development complies with the requirements of the relevant planning instruments and Development Control Plans and as such is unlikely to have an adverse impact on the built environment. The proposed development has been amended from that originally proposed so to reduce any impacts on the adjoining developments in terms of privacy. The bulk and scale of the development is compatible to the streetscape and surrounding built form.

Social Impact

The proposed development does not result in any adverse social impacts.

Economic Impact

The proposed development does not result in any adverse economic impacts.

Suitability of the Site

There are no apparent impediments to the site which preclude the proposed development being carried out.


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. Four (4) submissions were received in reply. The issues raised in the submissions are as follows.

Privacy

Loss of privacy from the proposed balconies and windows and excessive bulk and scale.

Comment: The proposed development has been amended from that originally submitted. The changes that have been undertaken to the building include reducing the size of the proposed balconies on the rear elevation, lowering the building into the ground by increasing the excavation for the lower ground floor level and introducing a split level to the ground floor of the dwelling. These changes have reduced the height of the development at the rear of the site and reduced the potential privacy impacts to the adjoining developments.

All the windows located on the side elevations of the development are provided as high sill windows or contain translucent glazing. There are only two (2) windows on the ground floor side elevations (one (1) on each elevation) that have not been provided as high sill or with translucent glazing. These windows are to the garage and the guest room. Views to and from these windows will be interrupted by the side boundary fence and as such are unlikely to result in privacy impacts.

The terrace located on the lower ground floor rear elevation has been excavated into the ground and as such has a floor level below the adjoining developments. The proposed alfresco area on the ground floor rear elevation has been provided with a privacy screen to the side elevation which reduces views to the adjoining neighbour. The rear elevation of the alfresco area however has the potential to create privacy impacts as it has a floor level above the natural ground level. In this regard it is considered that the balustrade to the rear elevation of the alfresco area be a minimum 1.5m high and be of a material that cannot be seen through. A condition to this effect has been included in the recommendation, should consent be granted.

The proposed balcony located on the first floor rear elevation is accessed from bedrooms 4 and 5. The balcony is fitted with privacy screens to the side elevations and has a non trafficable area around it. Bedrooms are characteristically low use rooms and as such the proposed use of the balcony is likely to be low and intermittent. In this regard the proposed first floor balcony is not considered to result in privacy impacts.

Trees

Loss of significant trees to the site.

Comment: No trees will be removed from the subject site to accommodate the proposed development.

Fence Height

The height of the fence must be increased due to the difference in land height.

Comment: The subject site has a slope to the rear and as such there is a difference in ground levels between the subject site and the adjoining developments. The applicant has not indicated if the common boundary fences will be replaced with the proposed development. As the fences are common boundary fences between properties it is a civil matter and it is not appropriate to require the applicant to provide new fences if they are in a reasonable condition. As such a condition of consent has been attached to the recommendation requiring the applicant to consult with the adjoining owners regarding the provision of new boundary fencing.

Council Referrals

Development Engineer

The application was referred to Council’s Development Engineer who raised no objection to the proposed development subject to standard conditions of consent being attached to any consent granted.

External Referrals

There were no external referrals required for this development application.

Conclusion

The proposal complies with Council’s Controls and is typical of development in this area. It has minimal impact on neighbours; particularly with window designs and screens provided. As such approval is recommended.


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 10/DA-302 for the demolition of existing structures and construction of a two (2) storey dwelling house and front fence on Lot 55 DP 302781 and known as 8 McLeod Street, Hurstville, subject to the attached conditions:

1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.

Plan Number
Plan Date
Description
Prepared By
1/15 through to 15/15 and 1/1Received
12 Nov 10
Preliminary notes, specification, site plan, lower ground floor plan, ground floor plan, first floor plan, roof plan, elevations, front fence, section, erosion and sediment control plan, demolition plan, concept stormwater plan, site coverage plan, shadows, site analysis,MCubed Design
14709-10Jun 10Level and detailJ P Bates and Inwood
-Received
3 Aug 10
Material sample board-
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.6. PR1 - Prescribed Conditions of Development Consent

This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs
This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of

If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.

7. TRGl - Tree Preservation Order

A Tree Preservation Order applies to all land within the City of Hurstville. The Hurstville City Council, at its meeting of the 28 February, 2001 resolved to make a new Tree Preservation Order under Clause 14 of the Hurstville Local Environmental Plan 1994. This is to ensure it is binding on all landowners.

Demolition Conditions

8. DE 1

(a) The demolition of the building must be carried out strictly in accordance with Australian Standard 2601-2001 - The Demolition of Structures.
(b) The demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.
(c) For buildings containing asbestos sheeting or asbestos products, the demolition shall:
(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 10 square metres. For more information phone WorkCover on 13 10 50 or visit www.workcover.nsw.gov.au.
(ii) comply with Council's Asbestos Policy adopted by Council on 23 March 2005 (as amended from time to time).. A copy of the Policy may be downloaded from the Development ... Site Management page of our website.
(d) Lead paint removal must not cause lead contamination of the air or ground. For more information visit www.dec.nsw.gov.au or phone the Department of Environment and Conservation on 9995 5555.
(e) Decommissioning of any air-handling or refrigeration system containing chlorofluorocarbons (CFC's) or fire extinguishing systems containing halons must only be carried out by a person or directly supervised by a person authorised by the Department of Environment and Conservation. Any work of this nature must be in accordance with the Ozone Protection Act and Regulations and any relevant Code of Practice approved by the Department of Environment and Conservation. For more details visit www.environment.nsw.gov.au. or phone the Department of Environment and Conservation on 9995 5555.
(f) The cost of any damage to road/kerb/gutter/footpath will be deducted from the kerb and gutter damage deposit unless you notify Council of any existing damage before the commencement of work.

9. DE7 - On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

10. DE8 - Demolition works involving the removal and disposal of bonded asbestos over 200sqm must only be undertaken by a licensed asbestos removalist. Licensed asbestos removalists must be engaged for the removal of any friable asbestos.

11. DE9 - The developer /builder is to notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority ( i.e. WorkCover or Hurstville City Council). Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

12. DE10 - Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

13. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.14. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
Fee Type
Paid
Fee Type
Amount
Receipt Date
Receipt No
Development Application Fee
X
DA1
$1,429.00
6 Aug 10
337214
Plan First Fee
X
AP35
$322.56
6 Aug 10
337214
Notification Fee
X
AP12
$131.00
6 Aug 10
337214
Imaging Fee
X
AP165
$129.00
6 Aug 10
337214
Long Service Levy
AP34
$1,764.00
Builders Damage Deposit
BON2
$1,500.00
Inspection Fee for Refund of Damage Deposit
DA6
$125.00
The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)
PCA Services Fee
DA6
$1,805.87
15. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

16. OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

(a) The balustrade to the rear elevation (north elevation) of the alfresco area is to be a minimum 1.5m high and be of a material that cannot be seen through such as translucent glazing or louvres. If louvres are installed they are to be fixed in a position that does not allow downward viewing of the adjoining developments. This condition has been imposed to reduce the privacy impacts on adjoining developments.
(b) The replacement of any side (common) boundary fencing is to be undertaken in consultation with the adjoining land owners.17. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.18. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

19. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design:

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements
(g) retaining walls
(h) stabilizing works20. Geotechnical Reports - The developer must submit a Geotechnical Report, prepared by a suitably qualified Geotechnical Engineer in relation to dilapidation reports, all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to include:

(a) Investigations certifying the stability of the site and specifying the design constraints to be placed on the foundation, any earthworks and any excavations.

(b) Dilapidation Reports on the adjoining properties including, but not limited to 6 McLeod Street and 10B McLeod Street, Hurstville prior to any excavation of site works. The Dilapidation Report is to include assessments on, but not limited to, the dwellings at those addresses and any stairway for pedestrian access. This must be submitted to the Principal Certifying Authority and the adjoining residents five (5) working days prior to any works on the site.

(c) On-site guidance by a vibration specialist during the early part of excavation.

(d) Rock breaking techniques. Rock excavation is to be carried out with tools such as rock saws which reduce vibration to adjoining buildings and associated structures.

(e) Sides of the excavation are to be piered prior to any excavation occurring to reinforce the walls of the excavation to prevent any subsidence to the required setbacks and neighbouring sites.

21. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

22. BC5 - Bulk excavation or filling levels - the bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.23. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

24. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.25. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.26. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.

27. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to a suitably designed charged system to connect to the street gutter adjacent to the property frontage in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions.

On-site infiltration via an absorption trench is only permitted for surface water runoff such as driveway/footpath, and such trenches must be located at least 3m from any property boundary and be constructed at across the contour of the land.

All outlets from any pump and charged systems must be constructed at 45 degrees to the direction of flow in the street gutter.

The design of the proposed drainage system must be prepared by a qualified practising hydraulics engineer and be submitted for approval with the Construction Certificate application.

28. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicle crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.

29. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

30. The noise level of any air conditioning unit will not exceed 5dBA above the ambient background noise level measured at the nearest residential property boundary between the hours of 7.00am to 10.00pm Monday to Friday, 10.00pm to 7.00am Monday to Friday, 8.00am to 10.00pm and 10.00pm to 8.00am weekends and public holidays and public holidays. The air conditioning unit if operated outside these hours must not exceed the background ambient noise level.

31. The operation of the air conditioning unit is to comply with the Public Health Act 1991, Protection of the Environment Operations Act 1997, AS 3666 and AS1668 as applicable.
32. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or (i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and
(ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.33. BC1 - Construction Certificate - No work shall commence until you:

34. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
35. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.36. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.37. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.

38. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 39. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

before the commencement of work (and until issue of the Occupation Certificate).40. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:

(a) At the commencement of building work,
(b) After excavation for, and prior to the placement of, any footings,
(c) Prior to pouring any in-situ reinforced building element,
(d) Prior to covering of the framework for any floor, wall, roof, or other building element,
(e) Prior to covering waterproofing in any wet areas,
(f) Prior to covering any stormwater drainage connections, and
(g) After the building work has been completed and prior to any occupation certificate being issued in relation to the building. Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

41. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Setout before commencing excavation.(b) Floor slabs or foundation wall, before formwork or commencing brickwork.(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.(e) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.(f) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.(g) Other. Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

42. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday. A Penalty Infringement Notice may be issued for failure to comply with this condition.

43. MI21 - All enclosed and unrestricted car parking spaces, internal driveways and the like, shall be designed to conform with Council’s Development Control Plan. Regard shall be given to the crossfall, in longitudinal profile, of the footpath in the design of footpaths.

44. RR8 - Any existing vehicular crossing and/or layback which is redundant must be removed, and the kerb, any other footpath and turf is to be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out either by Council, after payment of a quotation, or by a private contractor, subject to Council approval.

45. RR9 - Any utilities/services/drains/power poles that require relocating or altering as a result of construction of the vehicular crossing to Council’s issued levels and/or Council’s standard shape, is to be done in accordance with the requirements of the relevant service/utility and at the expense of the beneficiary of this consent.

46. MI132 - Filling - No filling of the land between the external walls of the structure and the side, front or rear boundaries is permitted. Deepened edged beams or similar must be incorporated into the slab design and any structural engineers details are to reflect this type of design.

47. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

48. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.49. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.50. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

51. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.

52. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.53. TPZ1 - Trees which are not approved to be removed (except those not subject to the Tree Preservation Order) are to be retained and fenced off to create a Tree Protection Zone. The area contained is the Tree Protection Zone, and is to exclude any activity including but not limited to the following: The above list is not meant to be exhaustive, and is intended as a guide to the types of activities that are excluded from within the Tree Protection Zone, except where otherwise stated.

54. TPZ2 - The Tree Protection Fence that defines the Tree Protection Zone is to be constructed of star pickets and orange reflective parra-webbing, or approved similar, located around the drip line of the tree except where otherwise stated or indicated on site, for its protection. The fence is to be erected before the commencement of work and, except during weed removal/tree maintenance/pruning/irrigation/mulching, is to be maintained for the duration of the construction works.
55. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the occupation certificate.

56. IN2 - Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building. Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:

57. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 324144S dated 14 July 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

58. MI27 - Driveway Construction - A vehicular crossing shall be provided in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out by Council (after payment of a quotation), or by a private contractor (subject to Council approval).

The work must be completed before the issue of an Occupation Certificate.

59. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.60. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.

61. MI22 - The premises is to be used as a single dwelling house only. At no future time is the building to be adapted as separate occupancies without first obtaining a separate Development Consent.
62. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

63. If you are not satisfied with this determination, you may:
(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

64. AD1 - Dial Before You Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of: For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

65. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

66. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.67. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.68. AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.69. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.70. AD11 - Other approvals required - Where it is proposed to:

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

71. If you need more information, please contact Senior Development Assessment Officer Paula Bizimis on 9330-6284 during normal office hours.

* * * * *


DECISION - DAC

THAT the application be approved subject to the conditions detailed in the recommendation.

(Moved Councillor C Hindi / Seconded Councillor A Istephan)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 8th December 2010

DAC124-10 PK - 107 OGILVY STREET, PEAKHURST - ALTERATIONS AND ADDITIONS TO EXISTING DWELLING HOUSE


Applicant

Michael Krsnik

Proposal

Alterations and additions to existing dwelling house

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.7 Drainage and Onsite Detention Requirements, Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Michael and Jacqueline Krsnik

Existing development

Single dwelling house

Cost of development

$600,000.00

Reason for referral to Council

Variations to DCP 1 and one submission received

Report author/s

Development Assessment Officer, Mr P Nelson

File No

10/DA-281

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application proposes alterations and additions to the existing single dwelling house.

2. The proposal complies with Council’s relevant Local Environmental Plan. Three (3) variations to Development Control Plan No 1 are proposed.

3. One (1) neighbour submission was received in relation to the original proposal. Amended plans were re-notified resulting in a further submission from the same neighbour.

4. The application was deferred at the Development Assessment Committee meeting of 3 November 2010 for inspection and report by Ward and interested Councillors, and that the applicant erect appropriate height poles showing the height and extent of the proposal to allow for this inspection. The inspection was held on 8 December 2010.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

BACKGROUND

The application was deferred at the Development Assessment Committee meeting of 3 November 2010 for inspection and report by Ward and interested Councillors, and that the applicant erect appropriate height poles showing the height and extent of the proposal to allow for this inspection. The inspection was held on 8 December 2010.


For the information of Councillors, please find the previous report following.

"DESCRIPTION OF THE PROPOSAL

The application seeks approval for alterations and additions to the existing single dwelling house on a battleaxe allotment. The alterations and additions are to comprise an amended floor plan on the existing ground floor and under-croft area and the addition of a new top floor to the development.

The proposed changes include:

Top Floor: This level includes a family room, bathroom and three (3) bedrooms, one (1) with an ensuite bathroom and a walk in wardrobe.

Ground Floor: The existing ground floor is to be amended so the floor layout can accommodate a guest room with ensuite, a living room, dining area, kitchen, play room, laundry, bathroom and study.

Under-croft/Lower Ground Floor: This area is to comprise a covered entry area and a storage area/workshop.

The application also proposes the construction of a double carport at the front of the site, adjacent to the rear property boundary of the adjoining eastern (front) dwelling. This carport is to be accessed directly off the existing driveway.

The carport is 5500mm x 6000m and is a total of 3000mm in height.


BACKGROUND

The subject application was lodged on 27 July 2010 and was notified from 3 August – 17 August 2010 during which time one (1) objection was received. The plans were amended to take into account the view sharing issues and the amended plans were re-notified from 1 October -18 October 2010. It is the amended plans that form the basis of this report.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site, 107 Ogilvy Street, is a battle axe site which has residential neighbours to the east, north east and north. The site is on the western side of the street. The allotment is accessed via a 24.1m long access handle and the site is an irregular shaped site with an area of 951.2sqm.

The central, northern and eastern parts of the site are generally level, with the site experiencing a fall to the south east and south west of the existing building footprint. Two (2) significant trees are located on the site on the south western side and sandstone rock faces and similar rocky topography is evident on the south western and south eastern sides of the site.

The existing dwelling is a part one (1) part two (2) storey single dwelling house. All residential neighbours to the north, north east and east comprise single dwelling houses with heights ranging from one (1) to two (2) storeys.

The allotment is the southern most residential allotment on Ogilvy Street. A Council Reserve is located to the south of the subject site. Bordering the southern, south western and western boundaries is a National Parks and Wildlife Service Reserve. This reserve stretches from the Henry Lawson Drive road bridge to just south of the subject site and separates the allotment on the southern, south western and western sides from the Georges River.


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.

Clause 15 – Services

Appropriate provision of services is available to the subject site in accordance with Clause 15 of the Local Environmental Plan.

Clause 19B – Foreshore Scenic Protection Area

Clause 19B of the Local Environmental Plan requires that:

Comment: The view of the proposal from the Council Reserve, National Parks and Wildlife Reserve and Georges River at the rear, south and south west of the subject side is considered to be appropriate. The stepped building form resulting in no part of the proposal exceeding two (2) storeys is sympathetic with the character of the adjoining properties and generally in response to the topography of the site.

The proposal will have no undue impact of views to the foreshore and a view sharing assessment is provided to demonstrate this later in this report.

The proposal does not result in any impacts on any significant topographical feature or any significant vegetation.

The proposal is considered to respond appropriately to the current character of the area and provides in excess of the required landscaping on site.

As such the proposal is considered to comply in full with this clause of the Local Environmental Plan.

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.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.


2. Draft Environmental Planning Instruments

No Draft Environmental Planning instruments affect the proposal.

Any other matters prescribed by the Regulations

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

Demolition

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

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 2.2 NEIGHBOUR NOTIFICATION AND ADVERTISING OF DEVELOPMENT APPLICATIONS

The proposal has been notified to surrounding neighbours in accordance with this section of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

3.1 Car ParkingControlProposedComplies
Parking Provision22Yes
As demonstrated in the table above, the proposal provides the required number of car parking spaces for residential development.


DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION REQUIREMENTS

The proposed development may be conditioned to provide a hydraulic design in accordance with this section of Development Control Plan No 1. It is noted that the National Parks and Wildlife Service permit stormwater drainage across their land if the proposal meets with their resolutions. The installation of an anti-scouring system to ensure erosion does not occur at the drainage outlet is considered to meet these requirements and has been appropriately conditioned.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES

An assessment is provided in relation to this section of the Development Control Plan in the table below.

Single Dwelling HousesStandardProposedComplies
4.1.2.2 StreetscapeMust not diminish the quality of the streetscapeDesign appropriate and is single storey when viewed from the street Yes
4.1.3.1 Maximum Floor AreaSite area between 130sqm and 1000sqm, so maximum floor area = 442.86sqm374.98sqmYes
4.1.3.2 Landscape and Open Space

Principal Private Open Space

Deep Soil
45%

30sqm and minimum dimensions of 5m

25% of site with
15sqm in front yard on sites wider than 12m
57%

146.4sqm and minimum dimension of 12m

>25%
31m²
Yes

Yes


Yes
Yes
4.1.3.3 Building HeightCeiling height 7.2m
Flat Roof height 7.2m
7.92m maximum
8.52m maximum
No (1)
No (2)
4.1.3.4 SetbacksFront 4.5m to wall
5.5m to garage
Side 900mm (ground and basement)
Side second floor 1200mm
Rear 3m to ground
Rear 6m to balustrade
>4.5m
>5.5m
900mm ground floor

1100mm on SE corner
11m
11m
Yes
Yes


Yes (3)
Yes
Yes
4.1.3.6 BalconiesAccessible at same FFL from habitable room
Privacy catered for by privacy screens where required


Terraces not visible from street
Yes






Rear deck not visible from the street
Yes






Yes
4.1.3.7 Façade ArticulationCarports/garages set back 5.5m

Sites >12m wide garage doors to not exceed 40% of dwelling width

Habitable room to street

Two elements of street façade of:
Entry feature/portico
Awning/window feature
Eaves/Sun shading
Window box
Bay Windows
Wall offset/balcony/ verandahs/pergolas
>5.5m


Not visible from street



Guest room and balcony to front of lot

Complies
Yes


Yes



Yes


Yes


4.1.3.8 Car Parking and Vehicular Access3 or more bedrooms, 2 spaces.
Sites >12m, 2 spaces behind front building alignment.
2 spaces

2 spaces behind front building alignment
Yes

Yes
4.1.3.9 PrivacyWindows offset by 1m





Neighbouring principal private open space is not overlooked by proposed living areas
All windows offset appropriately with the exception of the first floor ensuite bathroom window. This room is non habitable and low use so privacy is not an issue from this room. Neighbouring rear yard existing privacy is maintained.Yes





Yes
4.1.3.10 Solar access and energy efficiencyNorth facing rooms receive maximum solar access.
Subject and adjoining lots receive 3hrs solar access between 9am and 3pm on midwinter equinox
Subject property and all adjoining residential neighbours receive the required solar accessYes
(1) Building Height – Ceiling Height


The proposed ceiling height on the south eastern and eastern side of the site exceeds the maximum permitted internal ceiling height of 7.2m by a maximum of 720mm. On the northern side of the development, the internal ceiling height ranges from a minimum height of 6m on the north western corner to 6.6m on the north eastern corner adjoining the northern residential neighbour. These northern walls comply with the 7.2m height limit of Development Control Plan No 1. The southern and eastern walls do not comply for the full length of these walls, as a result of the fall of the allotment to the southern and result in wall height s ranging from 6.95m to 7.92m. This variation is considered to be a result of the fall experienced on the south eastern side of the site. It is also noted that the amended plans have relocated some of the originally proposed first floor footprint away from the western and north western side of the development to take into account view sharing considerations. This has required elements of the floor area to be relocated to the low side of the site resulting in additional variations to internal ceiling and roof ridge height.

The variation results from a site constraint and from a design that responds to a view sharing issue. Additionally the proposal does not have a southern residential neighbour so any additional impacts that may have resulted from this variation do not exist in this case. The reserve to the rear is vegetated and will not be impacted by this development. As such the variation is supported.

(2) Building Height – Roof Height

The variation to roof ridge height is supported for identical reasons included in support of the variation to ceiling height, above.

(3) Setbacks

An approximate 1.2m long section of wall encompassing a floor area of less than 1m varies the required second floor setback of 1500mm for new dwellings by a distance of 400mm. However, it is noted that for alterations and additions Development Control Plan No 1 allows first floor additions to have minimum setbacks of 900mm. The application meets with these minimum requirements.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.6 OUTBUILDINGS

The table below details compliance with Section 4.6 of Development Control Plan No 1.

CarportValueProposalComplies
Setback (side)
Front Setback
0mm
5.5m
0mm (side)
24.1m
Yes
Yes
Height Maximum 3m (NGL to ceiling)3m
Yes
Open Structure33% of PerimeterOpen all sides
Yes
FSR Control 0:55:1No floor area as not enclosed with walls
Yes
Proposed Landscaped Open SpaceTotal 45%
Deep Soil 25%
57%
>25%
Yes
Yes
4. Impacts


Natural Environment

The proposal is unlikely to have any negative impacts on the natural environment. The alterations and additions are unlikely to impact on any significant vegetation on the site.

Built Environment

The proposal is appropriate in relation to the built environment. The application has been redesigned to provide for the retention of existing view corridors enjoyed by the northern residential neighbour across the side boundary of the allotment. The proposal also provides for a built form that steps with the topography of the allotment to maintain a two (2) storey appearance. The proposal is therefore considered to be acceptable in relation to the built environment.

Social Impact

The proposal is unlikely to result in any undue impact on local society.

Economic Impact

The proposal will not have any major economic impact.

Suitability of the Site

The subject site is appropriate for residential development.


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 (1) submission was received in relation to the proposal within the initial notification period. Plans amended to accommodate for view sharing were re-notified resulting on one (1) submission from the same person. The initial neighbour submission raised the following issues.

View Loss

The northern neighbour has indicated that the proposed second storey addition would result in a loss of views across the subject site from their kitchen and dining room as well as from all other points along the southern boundary. The submission has stated that the subject property will have improved views at the expense of their existing views.

The neighbour has requested that other design alternatives need to be explored that would result in shared views being maintained.

Comment: An analysis of the view sharing issue was undertaken on site and the applicant was requested to amend the proposal to retain the existing most significant views from the neighbouring kitchen, dining area and rear deck area. The plans were subsequently amended detailing an increase in second storey rear setbacks, improving the angle of view across the subject site to the view of the river. This is discussed further below.

Privacy

The submission has indicated that the new proposed windows on both levels will overlook their property.

Comment: The application proposes two (2) additional windows on the ground floor. These are bathroom windows and will not unreasonably impact on privacy. The proposed upper level windows with the exception of an ensuite window are all appropriately offset and as a result will not unreasonably impact on privacy.

Loss of Light and Ventilation

The submission states that the proposal will result in the loss of light and ventilation along their southern wall and to their lower floor.

Comment: The proposal maintains the required side boundary setback on the northern side of the subject site, thereby providing adequate opportunity for sufficient ventilation. Also the proposed additions result in no overshadowing of the northern neighbour.

Loss of Amenity

The submission indicates that the proposal will result in a loss of neighbourhood amenity as the proposal is not in keeping with the existing dwelling on the site or other dwellings in the area and will be excessively bulky.

Comment: The proposed development is of a greater size and of a different design to the existing single dwelling house on the allotment. However the proposal generally complies with Council requirements for single dwelling houses and therefore with the future envisioned character of the area. The proposal will result in no undue or unreasonable loss of residential amenity. Also of note is the fact that a variety of building styles are evident in the immediate vicinity and there is no set residential character in the area with which the proposal should be sympathetic to. As such the design of the proposal is supported.

The original plans were amended at Council’s request, in order to provide for view sharing considerations. The amended plans relocated the proposed upper floor to the east thereby permitting the retention of the existing view corridor across the subject site. As discussed previously, it is these amended plans that are the subject of this report. The amended plans were re-notified resulting in one (1) further submission from the same person. This submission raised the following issues.

View Loss

The submission has stated that being 1.95m higher than the roof ridge of the existing dwelling house the proposal will impede view from their living room, dining room and kitchen and will impede view along the southern boundary along the length of their dwelling. The submission goes on to state that were the proposal redesigned to provide the first floor more to the rear these views could be maintained.

Comment: Views along the southern wall of the neighbouring property and views from the eastern balcony will be obscured as a result of the proposed development. The amended plans will result in existing views enjoyed from the kitchen and dining area and the rear western deck area being maintained. This is considered to be a reasonable amendment to ensure equitable view sharing and this is discussed in greater detail in the view sharing assessment included below.

Privacy

The submission indicates that five additional windows are proposed on the upper storey and six on the ground floor and that these will impact on their privacy.

Comment: Of the new proposed windows, an upper floor ensuite bathroom window and a small ground floor playroom window (500mm wide) are located adjacent to existing neighbouring windows. Neither of these windows is considered to be of a nature that would unreasonably impact on the privacy of the neighbour. The ensuite bathroom on the upper floor is considered to be a low use room and the playroom window is on the ground floor of the development which is approximately 1m lower than the ground floor of the adjoining development and therefore provides the required window offset as required by Council’s Development Control Plan No 1.

Loss of Amenity in the Area

The submission states that the proposed extension does not match the existing house and is out of keeping with other dwellings in the area.

Comment: The proposed additions do not match the existing dwelling as a first floor addition and new roof is proposed. As stated previously, the proposed alterations and additions are not out of keeping with other residential development in the area, as there is no consistent residential built form in the area.

Setback Variation

The submission identifies the proposed variation to the side setback on the southern side of the development.

Comment: The proposed variation to setback is of a very minor nature and results in no loss of amenity for any existing residential neighbour. It is also permitted under Council’s Development Control Plan for alterations and additions. This variation is supported.

View Sharing Principle

The submission indicates that the proposal does not adequately address the Land and Environment Court View Sharing Principle Point 4 in that a number of design elements are available to the applicant to preserve the existing view.

Comment: The view sharing principles of the Land and Environment Court are included below. A consideration of these principles has concluded that the proposal, following the re-design requested, has responded appropriately to preserve the existing view from the neighbouring kitchen, dining and rear deck area across the side boundary of the subject site to the river view.

The view sharing issue raised by the neighbour requires the proposal to be assessed in relation to the View Sharing Planning Principle provided by the NSW Land and Environment Court. The planning principle in relation to view sharing is as follows:

Views – General Principles – Tenacity Consulting v Warringah Council (2004) NSWLEC 140:


In relation to the points raised above, the following assessment is provided.

The view to be affected is a partial view of the river in the foreground, the river and a small white timber jetty in the mid-ground and the curve of the river/land water interface in the background. The view is partially obscured by vegetation and is framed on both sides by existing vegetation and trees on the subject site, in the Council Reserve and National Park beyond.

This view is over a side boundary from the northern neighbour from a standing and sitting position on the rear ground floor balcony and from a standing position in the kitchen and from a standing and sitting position in the dining area. The view is partially obscured by vegetation and is framed on both sides by existing vegetation and trees in the Council Reserve and National Park beyond.

Alternative views of the river and foreshore beyond are also available from a standing position on the front (eastern side) balcony of the northern neighbour over the pitched roof of the existing property on the subject site.

The extent of the impact as a result of the proposal is that the views through the existing vegetation from the rear ground floor balcony, kitchen and dining room, both from a sitting and standing position to the river and land/water interface described above will be retained. All views to the south, over the subject property, from the front balcony will be obscured. The proposed development has wall and roof ridge heights on the northern side that are in compliance with the maximum wall and roof heights of 7.2m permitted for flat roofed developments. The view is obscured from the rear balcony and south side by complying elements of the proposal when viewed across a side boundary. In addition, any first floor addition would result in view loss from the southern and south eastern side of the northern neighbour and a first floor addition cannot be amended to retain all views from these areas. The design has provided for the retention of the most significant views from the south western deck, kitchen and dining areas.

The view sharing is considered to be reasonable as the most significant view from the ground floor rear balcony, dining room and kitchen are retained. The proposal has been amended to retain this view and it is a result of this amendment that two of the three proposed variations to Development Control Plan No 1 have resulted.

The proposal is considered to appropriately cater for equitable view sharing and as such the design is supported.

Council Referrals

Tree Management Officer

Council’s Tree Management Officer has indicated that:

Comment: The requirements for tree retention will be conditioned accordingly.

Manager – Development Advice

Council’s Manager – Development Advice has indicated that the utilisation of the existing drainage system across the National Park Reserve is appropriate with a condition requiring a scour prevention device to be installed to prevent erosion.

External Referrals

No external referrals were required in relation to the proposed development.


6. CONCLUSION

The proposal seeks approval for alterations and additions to the existing single dwelling house. The application seeks three (3) variations to Council’s relevant Development Control Plan No 1. These variations are supported for the reasons stated in the report.

One (1) submission was received in relation to the original proposal. Amended plans were re-notified resulting in one (1) further submission. These submissions have been discussed in the report.

The application is to be 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 10/DA-301 for the alterations and additions to the existing single dwelling house on Lot 11 DP 538184 and known as 107 Ogilvy Street, Peakhurst, subject to the attached conditions:
1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.

Plan Number
Plan Date
Description
Prepared By
DA 200/BReceived
29 Sep 10
Site PlanHH Design
DA 201/BReceived
29 Sep 10
Undercroft PlanHH Design
DA 202/BReceived
29 Sep 10
Ground PlanHH Design
DA 203/BReceived
29 Sep 10
First PlanHH Design
DA 204/BReceived
29 Sep 10
RoofHH Design
DA 300/BReceived
29 Sep 10
Elevations 1HH Design
DA 301/BReceived
29 Sep 10
Elevations 2HH Design
DA 302/BReceived
29 Sep 10
SectionsHH Design
DA 303/BReceived
29 Sep 10
CarportHH Design
DA 502/BReceived
29 Sep 10
Stormwater Concept PlanHH Design
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.6. PR1 - Prescribed Conditions of Development Consent

This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs
This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of

If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.

7. TRGl - Tree Preservation Order

A Tree Preservation Order applies to all land within the City of Hurstville. The Hurstville City Council, at its meeting of the 28 February, 2001 resolved to make a new Tree Preservation Order under Clause 14 of the Hurstville Local Environmental Plan 1994. This is to ensure it is binding on all landowners.

Demolition Conditions

8. DE 1

(a) The demolition of the building must be carried out strictly in accordance with Australian Standard 2601-2001 - The Demolition of Structures.
(b) The demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.
(c) For buildings containing asbestos sheeting or asbestos products, the demolition shall:
(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 10 square metres. For more information phone WorkCover on 13 10 50 or visit www.workcover.nsw.gov.au.
(ii) comply with Council's Asbestos Policy adopted by Council on 23 March 2005 (as amended from time to time).. A copy of the Policy may be downloaded from the Development ... Site Management page of our website.
(d) Lead paint removal must not cause lead contamination of the air or ground. For more information visit www.dec.nsw.gov.au or phone the Department of Environment and Conservation on 9995 5555.
(e) Decommissioning of any air-handling or refrigeration system containing chlorofluorocarbons (CFC's) or fire extinguishing systems containing halons must only be carried out by a person or directly supervised by a person authorised by the Department of Environment and Conservation. Any work of this nature must be in accordance with the Ozone Protection Act and Regulations and any relevant Code of Practice approved by the Department of Environment and Conservation. For more details visit www.environment.nsw.gov.au. or phone the Department of Environment and Conservation on 9995 5555.
(f) The cost of any damage to road/kerb/gutter/footpath will be deducted from the kerb and gutter damage deposit unless you notify Council of any existing damage before the commencement of work.

9. DE7 - On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

10. DE8 - Demolition works involving the removal and disposal of bonded asbestos over 200sqm must only be undertaken by a licensed asbestos removalist. Licensed asbestos removalists must be engaged for the removal of any friable asbestos.

11. DE9 - The developer /builder is to notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority ( i.e. WorkCover or Hurstville City Council). Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

12. DE10 - Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

13. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.14. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
15. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

16. OC8 – Design Changes Required – The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.17. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.18. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

19. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design:

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements

20. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

21. BC5 - Bulk excavation or filling levels - the bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.22. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

23. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.24. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.25. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.

26. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

Please refer to the web site www.sydneywater.com.au for:


or telephone 13 20 92.

27. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicle crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.

28. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

29. The noise level of the air conditioning unit will not exceed 5dBA above the ambient background noise level measured at the nearest residential property boundary between the hours of 7.00am to 10.00pm Monday to Friday, 10.00pm to 7.00am Monday to Friday, 8.00am to 10.00pm and 10.00pm to 8.00am weekends and public holidays and public holidays. The air conditioning unit if operated outside these hours must not exceed the background ambient noise level.

30. The operation of the air conditioning unit is to comply with the Public Health Act 1991, Protection of the Environment Operations Act 1997, AS 3666 and AS1668 as applicable.
31. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or (i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and
(ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.32. BC1 - Construction Certificate - No work shall commence until you:

33. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
34. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.35. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.36. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.

37. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 38. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

before the commencement of work (and until issue of the Occupation Certificate).39. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:

(a) At the commencement of building work,
(b) After excavation for, and prior to the placement of, any footings,
(c) Prior to pouring any in-situ reinforced building element,
(d) Prior to covering of the framework for any floor, wall, roof, or other building element,
(e) Prior to covering waterproofing in any wet areas,
(f) Prior to covering any stormwater drainage connections, and
(g) After the building work has been completed and prior to any occupation certificate being issued in relation to the building. Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

40. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Setout before commencing excavation.(b) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.(c) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.(d) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.(e) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge. Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

41. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday. A Penalty Infringement Notice may be issued for failure to comply with this condition.

42. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.

43. MI21 - All enclosed and unrestricted car parking spaces, internal driveways and the like, shall be designed to conform with Council’s Development Control Plan. Regard shall be given to the crossfall, in longitudinal profile, of the footpath in the design of footpaths.

44. RR8 - Any existing vehicular crossing and/or layback which is redundant must be removed, and the kerb, any other footpath and turf is to be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out either by Council, after payment of a quotation, or by a private contractor, subject to Council approval.

45. RR9 - Any utilities/services/drains/power poles that require relocating or altering as a result of construction of the vehicular crossing to Council’s issued levels and/or Council’s standard shape, is to be done in accordance with the requirements of the relevant service/utility and at the expense of the beneficiary of this consent.

46. MI132 - Filling - No filling of the land between the external walls of the structure and the side, front or rear boundaries is permitted. Deepened edged beams or similar must be incorporated into the slab design and any structural engineers details are to reflect this type of design.

47. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

48. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.49. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.50. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

51. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.

52. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.53. TPZ1 - Trees which are not approved to be removed (except those not subject to the Tree Preservation Order) are to be retained and fenced off to create a Tree Protection Zone. The area contained is the Tree Protection Zone, and is to exclude any activity including but not limited to the following: The above list is not meant to be exhaustive, and is intended as a guide to the types of activities that are excluded from within the Tree Protection Zone, except where otherwise stated.

54. TPZ2 - The Tree Protection Fence that defines the Tree Protection Zone is to be constructed of star pickets and orange reflective parra-webbing, or approved similar, located around the drip line of the tree except where otherwise stated or indicated on site, for its protection. The fence is to be erected before the commencement of work and, except during weed removal/tree maintenance/pruning/irrigation/mulching, is to be maintained for the duration of the construction works.55. The two (2) Angophora costata (Sydney – Red Gum) trees on the south western side of the rear yard, immediately to the west of the building are to be retained in accordance with the tree preservation conditions included in this consent. All other trees on site in excess of 3m in height are also to be retained as part of the proposed development.
56. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the occupation certificate.

57. IN2 - Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building. Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:

58. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. A95778 dated 28 September 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

59. MI27 - Driveway Construction - A vehicular crossing shall be provided in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out by Council (after payment of a quotation), or by a private contractor (subject to Council approval).

The work must be completed before the issue of an Occupation Certificate.

60. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.61. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.

62. MI22 - The premises is to be used as a single dwelling house only. At no future time is the building to be adapted as separate occupancies without first obtaining a separate Development Consent.
63. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

64. If you are not satisfied with this determination, you may:
(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

65. AD1 - Dial Before You Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of: For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

66. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

67. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.68. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.69. AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.70. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.71. AD11 - Other approvals required - Where it is proposed to:

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

72. If you need more information, please contact Development Assessment Officer Peter Nelson on 9330-6156 during normal office hours.

* * * * *



DECISION - DAC

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

(Moved Councillor C Hindi / Seconded Councillor V Badalati)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 8th December 2010

DAC126-10 PK - 115 MI MI STREET, OATLEY - CONSTRUCTION OF A SWIMMING POOL, DECK AND FILL IN REAR YARD


Applicant

Greg Carvouni

Proposal

Construction of a swimming pool, deck and fill in rear yard

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Ancillary use to dwelling

Owner/s

Greg Carvouni

Existing development

Single dwelling house

Cost of development

$40,000.00

Reason for referral to Council

Variations to DCP 1 and one objection received

Report author/s

Development Assessment Officer, Mr P Nelson

File No

10/DA-336

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The proposal includes the provision of a swimming pool, deck and associated fill in the rear yard of the existing dwelling.

2. The subject site has a previous approval for a boundary adjustment and partial demolition of the existing dwelling house to allow for the widening of the neighbouring northern lot.

3. The proposal results in a number of variations to Development Control Plan No 1 and also results in variations to objectives of the Hurstville Local Environmental Plan. Conditions are proposed to remedy some of these.

4. One (1) submission was received in relation to the proposed development.


AUTHOR 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 1.8m deep pool with dimensions of 12m x 4.6m. A limited amount of excavation of up to 500mm on the western side of the pool is proposed in order to provide for a level platform for the pool. Natural ground level is proposed to be built up by a maximum of 1.28m to result in a finished ground level on the northern side of the pool that is level with the pool coping and provide a level yard area between the pool and existing rock outcrop. The fill proposed is located in the centre of the rear yard between the northern side of the pool and the natural rock outcrop that runs generally east to west on the northern side of the site. The filled area is of dimensions of roughly 5.7m x 14m and is set back 6.6m from the rear boundary and 6.2m from the southern boundary and some 2.8m-4m from the northern boundary.

A privacy screen on the southern edge of the pool and pool deck and the eastern edge of the filled area is proposed in order to negate any privacy concerns for adjacent neighbours.

The provision of a deck between the dwelling house and the pool with the introduction of pool fencing on this deck is also proposed.

No fill between the pool and the southern side boundary is proposed.


BACKGROUND

No background exists that affects consideration of the current proposal.

The previous application under 08/DA-589 proposed the partial demolition of the existing dwelling house on the site to accommodate a boundary adjustment. This application resulted in the widening of the adjoining northern allotment at 115A Mi Mi Street, where an application has a dwelling house and swimming pool under 09/DA-384 was approved by the Development Assessment Committee on 7 July 2010.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a rectangular shaped site and is located on the eastern side of the street. Existing on the site is a single dwelling house. The rear yard of the site has a significant cross fall from the northern boundary to the southern boundary, with a maximum fall of 5.16m evident. A natural rock outcrop of up to 3.72m high (highest point of the rock outcrop relative to lowest point of the rock outcrop) runs east-west along the northern side of the allotment.

Adjoining the site to the northern, southern and eastern boundaries are residential developments, comprising single dwelling houses. The area is 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 2 - Residential and swimming pools and fill are a permissible use in the zone with Council consent. The proposal meets the zone objectives.

Clause 15 – Services

Appropriate provision for utility and stormwater services are available to the allotment in accordance with the requirements of the Local Environmental Plan.

Clause 19B - Foreshore Scenic Protection Area


Comment: The proposal is not visible from the waterway or any foreshore area. The proposal will not impact on any significant views from adjoining properties or public places or foreshore areas.

The proposed fill will partially obscure the bottom 770mm (maximum) of the (up to) 3.72m high natural sandstone outcrop that runs along the length of the rear yard in an east-west direction. This results in elements of the significant rock outcrop being obscured by fill and this is considered to be not in compliance with Clause 19B 4(c) above in that it has a negative effect on existing natural rock formations. A condition requiring that the levelled area be a finished RL of 18.93AHD will result in only a small amount of fill to match the existing natural ground level on the southern side of the rock outcrop and on the northern side of the proposed pool. This fill will provide a level area of principal private open space in the centre of the site, and will not obscure any portion of the natural rock outcrop which has a low point RL of 19.00AHD. This will also bring the proposal into compliance with point (c) above in that the significant fill will be reduced to appropriate minor fill which responds appropriately to the natural fall of the land and therefore the character of the locality, especially in relation to topography and the fall of the site relative to adjacent allotments.

Clause 22A - Development on land identified on the Acid Sulfate Soils Planning Map

As the allotment is identified as Class 5 on the Acid Sulfate Soils Planning Map, an assessment under Clause 22A of the Local Environmental Plan is required. This requires any “works within 100 metres of adjacent Class 2 or 3 land which are likely to lower the watertable to any point below 1 metre AHD on adjacent Class 2 or 3 land” to be considered under this clause.

It is considered that the proposal is not likely to lower the watertable of any adjacent Class 2 or 3 land as the proposal is at a significantly higher RL than adjoining Class 2 and 3 land and the allotment is located predominately on a rock shelf and is therefore unlikely to result in any lowering of the water table. As such the proposal is considered to comply with the requirements of Clause 22A of the Local Environmental Plan.

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.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

No Draft Environmental Planning Instruments apply in relation to the current proposal.

Any other matters prescribed by the Regulations

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

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.9 SWIMMING POOLS AND SPAS

A swimming pool is defined in Council’s Development Control Plan No 1 in a similar fashion to the Swimming Pools Act 1992 namely:
This definition is silent on the difference between an inground pool and an above ground pool. The current application results in a new pool with a coping height of up to 1800mm above natural ground level which would normally result in it being classified as an above ground pool relative to existing natural ground level. However the yard area adjacent to the northern side of the pool is proposed to be filled in order to match the pool coping level and meet with a rock shelf which extends higher than this level. The western edge will also have a deck at the level of the pool coping. The finished pool will be inground on two (2) sides and above ground on the remaining two (2) sides, with the pool being a maximum of 1800mm above existing natural ground level.

In relation to the assessment of this pool, as the underside of the pool is at natural ground level, the pool has been assessed as an above ground pool.

5.9 Swimming Pools and SpasStandardProposedComplies
5.9.1.1
a) Swimming Pools Act 1992 and Swimming Pool Regulations 1998

b) Neighbour amenity

c) Child Safety
d)Tree preservation
Required to comply with the Act and Regulation



Must not be adversely affected
To be ensured
Maintain existing trees
a) Generally complies or may be conditioned accordingly


b) Solar access issues

c) Appropriate
d) Trees retained
Yes




No (1)

Yes
Yes
5.9.2 Pool SitingVisual and acoustic privacy, solar access to be taken into account
No adverse impact on amenity in the locality, cut and fill and visual impacts are minimised

a) Inground pool edge as close as possible to existing natural ground level, excavation to be used on sloping sites

b) If one side is at NGL one other side may be up to 500mm above NGL

c) Any landscaping treatment must be provided prior to filling pool where pool is 500mm above NGL

d) On steeply sloping sites, one side of pool way extend up to 1000mm above NGL if treatment is provided to minimise impact

e) No fill between swimming pool and property boundary


f) Pool over spill water is not to cause an inconvenience to adjoining properties

g) The top of the pool bond beam is to be as close as possible to NGL

h) Pools in the front yard may be considered if amenity is not impacted and full compliance otherwise is achieved

i) Pools within FBL are permitted subject to consideration of visual impact from the adjoining waterway

j) Pool edge to be 1.5m from adjoining boundaries and 1m from adjacent pool fencing
Privacy appropriate but additional shadowing from privacy screen. Excessive fill proposed.




a) N/A – above ground pool




b) N/A – above ground pool


c) Planting proposed for screening



d) N/A – above ground pool






e) Significant fill between pool and northern boundary proposed

f) May be conditioned for any future consent


g) N/A – above ground pool



h) N/A





i) N/A





j) 1.5 from boundary but privacy screen forms a barrier and is within 1m of the pool edge
No (2)







N/A





N/A



Yes




N/A





No (3)



Yes



N/A



N/A





N/A





No (4)
5.9.2 Noise control and nuisancea) Pool and pool equipment is to be located so as to reduce noise impacts on adjacent neighbours
b) Mechanical equipment acoustically treated
c) Pool location is not to cause a nuisance to any neighbouring residents
a) May be conditioned on any future consent



b) As above for point a)

c) Pool location and height requiring privacy screen will result in additional overshadowing for the adjacent neighbour.
Yes




Yes

No (5)
5.9.2.3 Heated Pools Are to be heated by renewable energy sources and pool covers are to be installedIf pool is required to be heated this can form a condition of any future consentYes
5.9.2.4 Blow up/ moveable pools Require DA and are to comply with Swimming Pools Act 1992N/AN/A
5.9.3.1 Pool Accessa) Pool child resistant barrier to be maintained
b) Pool access doors and gates to be securely closed at all times when not in use
c) Resuscitation notice to be provided
d) Spa cover may be considered to be a child resistant barrier
Compliance with these requirements will form a condition of any future consentYes
5.9.3.2 Dwelling Housesa) Child resistant barrier to i) separate pool from dwelling house and any adjacent place adjoining the premises and ii) be designed in accordance with DCP Section 5.9.3 and 5.9.4
b) existing swimming pools on sites; less than 230sqm; an area greater than 2 hectares; new and existing pools on waterfront properties; are not required to have a child resistant barrier as long as there is restricted access to the pool from the building
Compliance with these requirements will form a condition of any future consentYes
5.9.4 Location of fences and gatesOption A
a) No access to pool from building
b) If building wall forms part of the pool fence, no access from that wall to the pool may be provided
c) Any window in wall of building forming part of pool fence must have a sill height to the lowest opening panel of 2.4m
Option B
a) No access to pool from building
b) If building wall forms part of the pool fence, child resistant openable portion to comply with AS1926.1
Option C
a) Access from the building to the swimming pool area is permitted
Child resistant doorsets and openable windows complying with AS1926.1 are permitted
Compliance with these requirements will form a condition of any future consentYes
5.9.5.1 Fencinga) To be 1200mm high and in accordance with AS 1926.1
b) Fence to have no sharp edges or projections
c) Maximum 100mm permitted gap between bottom of fence and NGL
d) Any horizontal rails to be not less than 900mm apart
e) The top horizontal rail shall be at least 1.1m above the lowest horizontal rail
f) The clear space between vertical rails shall not exceed 100mm
g)To comply with AS1926.1
Compliance with these requirements will form a condition of any future consentYes
5.9.5.3 Minimum construction using gatesa) Gates to swing outwards away from pool
b) Gates to be self closing and latching
Compliance with these requirements will form a condition of any future consentYes
5.9.6 Landscaping
Landscaping to be provided in accordance with DCP
a) Privacy planting where required to be provided
b) Paved surfaces minimised
c) Existing trees to be retained
d) Elevated decks to be used where required near tree root protection zones
e) Swimming pool discharge not to be over any adjacent public or private land

Leaf drop or solar access are not valid justification for tree removal
a) Screen planting indicated on plan
b) Paved surfaces minimised
c) Trees retained

d) Not required as trees away from pool and paving
e) Compliance with these requirements will form a condition of any future consent

Tree removal not required
Yes

Yes

Yes

Yes

Yes




Yes
As demonstrated in the table above, the proposal results in five (5) variations to Council’s Development Control Plan No 1. The variations are discussed below.


(1) and (2) Neighbour Amenity and Solar Access

The proposed pool is provided with an 1800mm privacy screen along the southern edge of the pool on the top of the pool coping, to prevent overlooking from the new filled area of rear yard on the northern side of the pool. This privacy screen is 1500mm from the side boundary and is up to 3110mm higher than existing natural ground level at the adjacent boundary. This structure will result in additional overshadowing of the southern neighbour. It is noted that the additional length of this shadow is minor in terms of the shadow length, however any additional overshadowing as a result of a privacy screen that would not be required were the proposal to provide an appropriate level of fill, is considered to be excessive and is not supported. As such it is proposed that this privacy screen be deleted as a condition of consent. A reduction in the level of fill in accordance with the assessment under Council’s Local Environmental Plan (above) and to bring the other variations to Section 5.9 of Development Control Plan No 1 into compliance (see below) will also negate any privacy issue as a result of the development. The condition requiring the height of the fill will not result in any additional overlooking as the distance of the filled area from the side fence will result in the fence obscuring the angle of view into the adjacent neighbour.

In relation to the proposed deck on the western side of the pool, views of the southern neighbour will exist from the southern edge of this deck should the privacy screen be deleted. It is considered that as this deck is only a depth of 1500mm that a privacy screen on the southern side of this deck can be retained and not reasonably overshadow the southern neighbour.

(3) No Fill between Pool and Property Boundary

The proposal results in up to 1.28m of fill between the pool and the northern boundary. This variation is not supported for privacy reasons and for reasons stated in the Local Environmental Plan assessment (above). The condition to require the level of the yard adjacent to the northern edge of the pool resulting in a finished ground level of 18.93AHD. This level may be created by limited fill up to a maximum of 710mm on the low (eastern) side of the pool and tapering off to be level with natural ground level on the north western corner of the pool adjacent to the rock outcrop. It is considered that the proposal will comply with the objectives of this requirement as the privacy of the adjacent neighbours will not be additionally affected as a result of the amended levels.

(4) Pool fencing 1m away from pool edge

The Development Control Plan requires that any pool fencing (or barrier) be at least 1m away from the pool edge. The privacy screen proposed along the southern edge of the pool forms a barrier within 1m of the pool and is therefore a variation to this control. The condition requiring the deletion of the privacy screen from the southern edge of the pool (as discussed above) will result in this variation being rectified.

(5) Pool location not to cause a nuisance to any neighbouring residents

The location of the pool with the proposed privacy screen is considered to result in amenity impacts, namely overshadowing, of the southern neighbour. This is overcome, as stated above, with the conditions of consent proposed in relation to reduction of fill and the deletion of the privacy screen along the pool. The reduction of fill will bring the height of the yard to the same level as the highest point of existing natural ground level currently adjacent to the base of the rock shelf on the western side of the rear yard. The deletion of the privacy screen will delete the overshadowing on neighbours.

4. Impacts

Natural Environment

As indicated in the assessment under Council’s Local Environmental Plan (above) the proposal will result in fill that obscures elements of an existing rock formation on the site. This is not a positive outcome for the natural environment and a condition of consent deleting excessive fill to provide a level yard area is to be conditioned to overcome this issue.

Built Environment

The proposal, by requiring a privacy screen up to 3110mm higher than the natural ground level at the closest adjacent boundary, results in an increase in the length of shadows thrown on to the rear yard of the adjacent southern neighbour. An application for a swimming pool and fill that requires a privacy screen that will result in overshadowing of an adjacent neighbour is considered to be unreasonable and is not supported. As stated above, conditions of consent will rectify this issue.

These conditions of consent will limit the amount of fill to RL18.93 AHD which is identical to the current existing high point of natural ground level at the base of the natural rock outcrop on the site. The fill will be 6.5m away from the side boundary and will afford a similar angle of view towards the adjacent residential neighbour as exists at present. As the privacy impact can be demonstrated to be identical to what currently exists, the necessity for a privacy screen along the pool edge is negated as the filled area is at an acceptable level.

A further condition specifying the height of the privacy screen adjacent to the pool deck to be 1800mm for the 1.5m wide southern edge of the deck will provide additional privacy by reducing the angle of views towards the rear verandah and windows of the adjacent side neighbour. This will also result in negligible overshadowing.

Social Impact

The proposal is unlikely to have a negative impact on society.

Economic Impact

The proposal is unlikely to have a negative impact on the local economy.

Suitability of the Site

The site is considered to be suitable for this type of development.


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 (1) submission was received in relation to the proposed development raising the following issues.

Privacy

The neighbour has indicated that privacy from the proposed area of fill could be an issue.

Comment: The suggested condition of consent reducing the height of the proposed fill will reduce this privacy issue to an acceptable level. It is noted that when floating in the swimming pool some view over the top of the boundary fence may be available, however views of a downward angle into the rear yard of the adjacent neighbour will be obscured by the existing boundary fence. As such the proposal is considered to respond appropriately to privacy if undertaken in accordance with the conditions included in this report.

Overshadowing

The adjoining neighbour has objected to the height and resultant shadows created by the proposed privacy screen.

Comment: This submission is supported and as discussed above, the privacy screen is to be deleted. This will resolve this issue.

Pool overflow

The adjacent neighbour has expressed a concern in relation to pool overflow and the potential for this to damage their property.

Comment: Standard conditions of consent for swimming pools require that pool overflow be appropriately drained to the sewer.

Council Referrals

No internal referrals were required in relation to the proposal.

External Referrals

No external referrals were required in relation to the proposal.


6. CONCLUSION

The proposal is for a swimming pool, deck and associated fill in the rear yard of the subject site. The application proposes five (5) variations to Council’s Development Control Plan No 1, a variation to Council’s Local Environmental Plan and to the Environmental Planning and Assessment Act.

The proposal has also resulted in one (1) neighbour objection.

The provision of two (2) conditions of consent will satisfy the neighbour submission and will result in a proposal that is appropriate for the site.

As such the proposal is to be recommended for approval with these relevant conditions of consent relating to site fill and privacy screens.


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 10/DA-336 for the construction of a swimming pool, deck and fill in rear yard on Lot 1 DP 170235 and known as 115 Mi Mi Street, Oatley, subject to the attached conditions:

1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.

Plan Number
Plan Date
Description
Prepared By
1B25 Aug 10Ground Floor PlanArchi-spectrum
2B25 Aug 10Site PlanArchi-spectrum
3B25 Aug 10Section A-AArchi-spectrum
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.6. PR1 – Prescribed Conditions of Development Consent
This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs

This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of
If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.7. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a) Evidence of an Owner Builder Permit (Class 1 & 10 buildings only).(b) Evidence of a Home Building (Private) Insurance Certificate.(c) Fees to be paid to Council:8. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

9. OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.10. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.11. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

12. SM3 - Construction Management Plan - Submit to the Principal Certifying Authority a Construction Management Plan that clearly sets out the following:

(a) What actions and works that are proposed to ensure safe access to and from the site, and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like.

(b) The proposed method of loading and unloading excavation machines, building materials, formwork, and the erection of any part of the structure within the site.

(c) The proposed areas within the site to be used for a builder's site office and amenities, the storage of excavated material, construction materials and waste containers during the construction period.

(d) How it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways.

(e) The proposed method of support to any excavation adjacent to adjoining properties, or the road reserve - the proposed method of support is to be designed by a Chartered Civil Engineer with National Professional Engineering Registration 3 (NPER3) in structural design.

(f) A Soil and Water Management Plan detailing all sedimentation controls.

13. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design:

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements
(g) swimming pool design
(h) retaining walls
(i) stabilizing works

14. SP1 - Pool Design - The design and construction of the swimming pool and associated fencing and equipment must comply with:

(a) The Swimming Pools Act 1992 & Regulation;
(b) Australian Standard 1926 (1986) - Swimming Pool Safety;
(c) Council's Development Control Plan; and
(d) Protection of the Environment Operations Act 1997.

15. SP6 - The following apply to the construction, use and maintenance of swimming pools and spas:

(a) No ground level may be raised or filled except where shown specifically on the approved plans;
(b) All pool/spa waste water is to be discharged to the sewer according to the requirements of Sydney Water;
(c) The swimming pool must not be used for commercial or professional purposes;
(d) Pool water quality must be maintained to Council's satisfaction;
(e) Install a hydrostatic pressure relief valve in the base of the pool (in ground pools);
(f) Provide permanently fixed depth markers at each end of the pool;
(g) Drain paved areas to the landscaped areas; and
(h) Arrange any external pool/spa lighting to minimise glare nuisance to adjoining owners.

16. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

17. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

18. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.19. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.

20. DR1 - Stormwater system - All surface water and sub-surface water must be collected and discharged to the existing drainage system in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions. On-site infiltration (via an absorption trench) is prohibited.

Details of the proposed drainage system must be submitted with the Construction Certificate application.

21. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

Please refer to the web site www.sydneywater.com.au for:


or telephone 13 20 92.

22. All pool/spa waste water must be discharged to the sewer to the satisfaction of Council and Sydney Water.

23. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or
(i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and
(ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.

24. BC1 - Construction Certificate - No work shall commence until you:

25. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
26. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.27. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.28. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.29. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure: before the commencement of work (and until issue of the Occupation Certificate).

30. BC5 - Bulk Excavation or Filling levels - the bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.
31. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:
Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

32. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Setout before commencing excavation.

(b) Completion of any Pool Formwork - Before concreting of pool shell, detailing the location of the pool relative to the adjacent boundaries and its height relative to the datum shown on the approved plans.

(c) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

33. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday.


A Penalty Infringement Notice may be issued for failure to comply with this condition.34. SP2 - Filling with Water - No water must be placed in the pool/spa until the safety fences have been completed in accordance with the approved plans and specifications and inspected by the Principal Certifying Authority.35. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.

36. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.37. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.

38. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

39. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.40. IN2 - Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building. Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:
41. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.42. SP3 - Resuscitation Notice - An expired air resuscitation warning notice complying with Section 17 of the Swimming Pools Act, 1992 must be affixed in a prominent position adjacent to the pool. Such a notice may be purchased from the Royal Life Saving Society (visit http//nsw.royallifesaving.com.au or call 9879 4699).

43. SP4 - Pump Hours -The hours of use of the swimming pool pump, when the emitted noise is audible within a room in any other residential premises, is limited to:

Monday to Friday (other than a Public Holiday): 7.00 am to 8.00 pm
Saturday, Sunday and Public Holiday: 8.00 am to 8.00 pm44. SP5 - Pump Noise - The swimming pool/spa pump and associated equipment must be provided with a ventilated sound-proofed enclosure and/or be isolated so that the noise emitted from it does not exceed 5 dB(A) above the background level.

45. SP7 - Cover - Install a pool cover, to reduce evaporation of water in the swimming pool.

46. SP8 - The existing boundary fence must be renewed/repaired/placed to the satisfaction of Council to provide an effective safety barrier to the pool area.

47. SP9 - No ancillary structures are to be located within the fenced pool area. No additional paving or modification to the landscaped open space area is permitted to that shown on the approved plan.

48. SP10 - All fencing, doors and gates that provide access to the swimming pool must, so long as the swimming pool exists, be maintained in a good state of repair as effective and safe barriers.

49. All doors and gates providing access to the swimming pool must be kept securely closed at all times when they are not in actual use.50. A separate development application is required for any ancillary structures proposed to be attached to the pool, any additional paving or modifications to the landscaped open space.
51. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

52. If you are not satisfied with this determination, you may:
(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

53. AD1 - Dial Before You Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of: For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

54. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

55. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.56. AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.57. AD11 - Other approvals required - Where it is proposed to:

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

in appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

58. If you need more information, please contact Development Assessment Officer Peter Nelson on 9330-6156 during normal office hours.

* * * * *


DECISION - DAC

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

FURTHER THAT a 500mm privacy fence is to be erected along the length of the pool.
(Moved Councillor D Perry / Seconded Councillor C Hindi)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 8th December 2010

DAC127-10 PK - 7 BERKELEY STREET, PEAKHURST - GROUND FLOOR ALTERATIONS AND ADDITIONS, AND FIRST FLOOR ADDITIONS


Applicant

Extend-a-Home Constructions Pty Ltd

Proposal

Ground floor alterations and additions, and first floor additions

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, SEPP (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 4.1 Single Dwelling Houses

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Scott and Kayell Shade

Existing development

Single storey brick dwelling, carport, pergola and inground pool

Cost of development

$226,545.00

Reason for referral to Council

Variation to DCP 1

Report author/s

Development Assessment Officer, Mr I Kokotovic

File No

10/DA-240

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for ground floor alterations and additions, and first floor additions to an existing single storey dwelling.

2. The appearance of the dwelling will be consistent with the existing surrounding development, and the proposal is compatible and consistent with Council’s objectives.

3. The proposal complies with all but one (1) control in Council’s relevant Development Control Plan.

4. No objections to this proposal were received.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The proposal seeks approval for ground floor alterations and additions and first floor additions to an existing single storey dwelling.

The construction consists of;

Ground Floor The re-orientation of the front of the dwelling to create a forward facing entry and portico, an internal stair and void within the front hall, internal alterations and new gable roof to accommodate a new laundry, and the extension forward and enclosing of the existing carport with a wall on the boundary and a new roof to create a single car space garage with internal dwelling access.

Part of the enclosing of the garage encroaches onto an Energy Australia easement, and this has been referred and commented on and is presented further in the report.


First Floor Two (2) bedrooms and WC/shower with a lobby and internal stair and void.


DESCRIPTION OF SITE AND LOCALITY

The subject property is an irregular allotment with an angled frontage of 16.77m and a rear boundary of 13.72m and overall site area of 666sqm. The site is west facing and is on the east side of Berkeley Street. The site has a minor slope from the rear to the street and is adjoined to either side by single storey dwellings.

Existing on-site is a single storey brick dwelling and inground swimming pool, with a carport and pergola. The site is burdened by an overland powerline easement which encumbers development in its proximity (primarily 14m from the front boundary along the northern boundary of the site).

This area is characterised by a mix of single storey dwellings, with low density developments.


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 is a permissible use in the zone. The proposal meets the zone objectives.

Clause 14 – Tree Preservation Orders

There are no trees affected by this order required to be removed from the site.

Clause 15 – Services

The assessment is satisfied that facilities for drainage of the site can be designed to Council’s requirements to connect to the existing stormwater system to discharge to the kerb and gutter in Berkeley Street. It is proposed for only an additional 4sqm of roof space on-site.

STATE ENVIRONMENTAL PLANNING POLICY (SEPP) (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

In accordance with this policy, all new residential dwellings and those seeking alterations and additions as identified under this policy, require a BASIX certificate that measures the Building Sustainability Index to ensures dwellings are designed to use less potable water and are responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units.

The application is supported by a satisfactory BASIX certificate that satisfies the requirements for dwellings under this policy.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

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 does not contradict Council’s requirements for the disposal of stormwater in the catchment.

2. Draft Environmental Planning Instruments

There are no applicable Draft Environmental Planning Instruments

3. Development Control Plans

The proposal has been assessed against Council’s relevant sections of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

DCP – Car Parking
Standard
Proposal
Complies
Car parking space requirements for a residential dwelling with 3 or more bedrooms2 car space requirements - 1 in garage
- 1 in driveway behind the building line
Yes
Single car space dimension and garage door clearance- Car spaces 2.7m x 5.4m (width x length)
- Double garage door 2.4m clearance
- 2m x 3m

- 2.7m provided
Yes
As can be seen from the table above, the proposal complies with Section 3.1.


DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES

Single Dwelling Houses ControlsStandard
Proposal
Complies
Site Area666sqm
Front Setback
Front Setback (garage)
4.5m
5.5m
Existing 7.1m
11.2m
Yes
Yes
Rear Setback (ground)
Rear Setback (first floor)
3m
6m
Existing (15.5m)
24.1m
Yes
Yes
Side Wall Setback (grnd)
Side Wall Setback (1st flr)
Eaves Setback (ground)
Eaves Setback (1st floor)
900mm
1.2m
450mm
750mm
10mm
2.2m
Existing 0mm
1.75m
No (1)
Yes
No (1)
Yes
Height Maximum9m - Ridge Level
7.2m - External Wall to Ceiling
8.8m (max. possible)
7.1m (max. possible)
Yes
Yes
FSR Control FSR
0.536:1 (357.3sqm)
FSR
0.36:1 (238.5sqm)
Yes
Driveway ConcessionFor Landscape CalculationsNone
Yes
Existing Landscaped Open SpaceMin 45% site cover (299.7sqm)
Min. 25% deep soil (166.5sqm)
49.45% (329.36sqm)
28.77% (191.6qm)
Yes
Yes
Proposed Landscaped Open SpaceMin 45% site cover (299.7sqm)
Min. 25% deep soil (166.5sqm)
48.85% (325.36sqm)
28.77% (191.6qm)
Yes
Yes
Private Open Space-Min 30sqm
-Min 5m (in any direction)
- 180sqm
- 12m
Yes
Privacy / BalconiesWindows 9m separation or
offset by 1m
Complies – only stairwell window proposed to side and no balconies proposed
Yes
Solar Design/Energy EfficiencyPrivate open space of adjoining buildings to receive minimum 4hrs sunlight between 9am – 3pm on 22 June.

Solar access to be preserved.
Solar access preserved
- minor first floor addition setback 4m from southern boundary
Yes
Parking Spaces RequiredRetain existing car parking, at least one required on merit1 car spaces in garage
1 car space in driveway behind the 5.5m building line
Yes

(1) Side Wall and Eaves Setback

Council’s Development Control Plan No 1 – LGA Wide – Section 4.1.4 Alterations and Additions to a Single Dwelling House requires that proposals for dwelling alterations and additions comply with the general controls for single dwelling houses, while ensuring their design is complimentary and integrated into the existing dwelling and neighbourhood.

While meeting the objectives of the Development Control Plan, this proposal creates a non compliance with the general controls for single dwellings by proposing a new solid masonry wall to create an external wall 10mm from the boundary, and thus within the 900mm required setback control. (Although the development is proposed to enclose the carport to create a garage, this is still considered part of the dwelling as an internally attached garage rather than separate outbuilding.)

The proposal is seen as appropriate given:

* the existing northern dwelling external wall does not comply with this setback and is 7mm from the boundary at its closest point (the approval pre-exists Council’s DA records). As such the proposal does not create a new compliance, rather extends it along the boundary by a distance of 6.5m.

* it meets the objectives of the Development Control Plan by providing a design solution which rationalises the front of the dwelling, provides an enclosed and secure car space on-site, formalises and separates the entry dwelling from the primary car space on-site, and integrates the roof form over the garage into the proposed dwelling roof form (existing is a flat carport roof).

* the proposal does not create additional development along the boundary as a carport already exists, but does intensify this development by enclosing the carport with a masonry wall. It is considered this causes a negligible impact on the adjacent premises as it is proposed adjacent to the neighbouring front yard swimming pool area, rather than the actual dwelling. In effect, this proposal improves the privacy of the neighbouring pool area and does not affect the amenity of the adjacent premises by not being an unreasonable overdevelopment.

4. Impacts

Natural Environment

It is considered the proposal will not have any adverse impact on the natural environment and no trees are proposed to be removed.

Built Environment

The proposed development complies on merit and provides a satisfactory building design which is compatible and in scale with existing surrounding development. It is considered consistent with the objectives of Council’s controls. The site is not overdeveloped and any additional impacts on any adjoining premises are considered negligible. There are no heritage concerns.

Social Impact

The proposed works, being for residential purposes, are seen to be in keeping with the desired future residential character of this area.

Economic Impact

As the proposal is for residential purposes, no adverse economic impact is foreseen.

Suitability of the Site

It is considered that the allotment is suitable for the proposed development in terms of the allotment size, shape, orientation and topography. The site is not bushfire, flood, acid sulfate affected, nor contaminated.


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, and there were no objections.

Council Referrals

Manager - Development Advice

All stormwater to be drained by gravity to the kerb and gutter via the existing drainage system on the site.

External Referrals

Energy Australia

The following comments were received by Energy Australia which will be incorporated in any approval.



6. CONCLUSION

Having made a detailed assessment of the proposal in accordance with the heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended, it is recommended that the development application be approved subject to the conditions as set out below.


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 10/DA-240 for ground floor alterations and additions, and first floor additions to an existing single storey dwelling on Lot 33 DP 209573 and known as 7 Berkeley Street, Peakhurst Heights, subject to the attached conditions:1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.

Plan Number
Plan Date
Description
Prepared By
3110.1A/1
Mar 10
Site Plan, Floor Plan, Elevations, Section
Extend-a-Home
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.6. PR1 - Prescribed Conditions of Development Consent

This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs
This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of

If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.

7. TRGl - Tree Preservation Order

A Tree Preservation Order applies to all land within the City of Hurstville. The Hurstville City Council, at its meeting of the 28 February, 2001 resolved to make a new Tree Preservation Order under Clause 14 of the Hurstville Local Environmental Plan 1994. This is to ensure it is binding on all landowners.

8. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.9. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
10. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.11. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.12. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

13. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design: (a) footings
(b) slabs
(c) columns
(d) structural steel

14. ST2 - Engineer's certificate -A certificate from a practicing qualified Structural Engineer certifying the structural adequacy of the existing structure, to support all proposed additional superimposed loads shall be submitted before the commencement of work.

15. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

16. DR1 - Stormwater System - All roof water must be collected and discharged to the existing drainage system to connect by gravity to the kerb and gutter in Berkeley Street in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions.

On-site infiltration via an absorption trench is only permitted for surface water runoff such as driveway/footpath, and such trenches must be located at least 3m from any property boundary and be constructed at across the contour of the land.

The design of the proposed drainage system must be submitted for approval with the Construction Certificate application.

17. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

Please refer to the web site www.sydneywater.com.au for:


or telephone 13 20 92.

18. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

19. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or (i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and
(ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.20. BC1 - Construction Certificate - No work shall commence until you:

21. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
22. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.23. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.24. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.

25. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 26. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

before the commencement of work (and until issue of the Occupation Certificate).Demolition Conditions

27. DE 1

(a) Any demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.
(b) For buildings containing asbestos sheeting or asbestos products, the demolition shall:
(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 10 square metres. For more information phone WorkCover on 13 10 50 or visit www.workcover.nsw.gov.au.
(ii) comply with Council's Asbestos Policy adopted by Council on 23 March 2005 (as amended from time to time).. A copy of the Policy may be downloaded from the Development ... Site Management page of our website.
(d) Lead paint removal must not cause lead contamination of the air or ground. For more information visit www.dec.nsw.gov.au or phone the Department of Environment and Conservation on 9995 5555.
(e) Decommissioning of any air-handling or refrigeration system containing chlorofluorocarbons (CFC's) or fire extinguishing systems containing halons must only be carried out by a person or directly supervised by a person authorised by the Department of Environment and Conservation. Any work of this nature must be in accordance with the Ozone Protection Act and Regulations and any relevant Code of Practice approved by the Department of Environment and Conservation. For more details visit www.environment.nsw.gov.au. or phone the Department of Environment and Conservation on 9995 5555.
(f) The cost of any damage to road/kerb/gutter/footpath will be deducted from the kerb and gutter damage deposit unless you notify Council of any existing damage before the commencement of work.

28. DE7 - On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

29. DE8 - Demolition works involving the removal and disposal of bonded asbestos over 200sqm must only be undertaken by a licensed asbestos removalist. Licensed asbestos removalists must be engaged for the removal of any friable asbestos.

30. DE9 - The developer /builder is to notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority ( i.e. WorkCover or Hurstville City Council). Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

31. DE10 - Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition. 32. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:

(a) At the commencement of building work,
(b) After excavation for, and prior to the placement of, any footings,
(c) Prior to pouring any in-situ reinforced building element,
(d) Prior to covering of the framework for any floor, wall, roof, or other building element,
(e) Prior to covering waterproofing in any wet areas,
(f) Prior to covering any stormwater drainage connections, and
(g) After the building work has been completed and prior to any occupation certificate being issued in relation to the building. Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

33. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:(a) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

34. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday. A Penalty Infringement Notice may be issued for failure to comply with this condition.

35. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.

36. MI21 - All enclosed and unrestricted car parking spaces, internal driveways and the like, shall be designed to conform with Council’s Development Control Plan. 37. Eaves or gutters from any structure may not overhang any property boundary.

38. MI132 - Filling - No filling of the land between the external walls of the structure and the side, front or rear boundaries is permitted. Deepened edged beams or similar must be incorporated into the slab design and any structural engineers details are to reflect this type of design.

39. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

40. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.41. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

42. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.

43. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.44. All metal work within the easement site including gutters, downpipes and roof are to be locally earthed via a 70sqmm stranded copper conductor bonded to a copper-clad earth-stake driven at least 1.6m into the ground.

45. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the occupation certificate.

46. IN2 - Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building. Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:

47. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. A79788 dated 22 March 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.48. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.49. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.

50. MI22 - The premises is to be used as a single dwelling house only. At no future time is the building to be adapted as separate occupancies without first obtaining a separate Development Consent.51. Any air conditioning unit noise level must not exceed 5dBA above the ambient background noise level measured at the nearest residential property boundary between the hours of 7am-10pm Monday to Friday, and 8pm-10pm weekends and public holidays; and, must not exceed the ambient background noise level measured at the nearest residential property boundary between the hours of 10pm-7am Monday to Friday, and 10pm-8am weekends and public holidays.52. Energy Australia may at any time by written notice to the owner of the property, require the owner of the property at the owner’s expense to remove the encroachment. In this regard, a written agreement by the property owner or his authorised representative, is required to accept all costs associated with the removal of modification of the encroachment in the future should this be required for line maintenance, operations or further line construction/reconstruction. If the property is sold at any time, this agreement would also have to be signed by the new owner. 53. Energy Australia requires 24 hour access within the easement site for large heavy plants, where urgent access is required, dismantling or demolition of the structure/encroachment may be necessary at the owner’s cost.54. The carport/garage must not be converted into living quarters at any time in the future.55. Power points (GPO) may only be installed on the Eastern and Southern walls of the garage, ie outside the easement site. However a GPO may be situated in the middle of the roof space for the purpose of controlling the garage door.56. Electrical power must not be connected to the driveway for lighting or power use, without specific approval from Energy Australia.
57. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.58. If you are not satisfied with this determination, you may:
(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)59. AD1 - Dial Before You Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of: For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.60. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.61. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.62. AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.63. AD11 - Other approvals required - Where it is proposed to;

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

64. If you need more information, please contact Development Assessment Officer Mr Ivan Kokotovic on 9330-6194 during normal office hours.

* * * * *


DECISION - DAC

THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor C Hindi / Seconded Councillor W Pickering)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 8th December 2010

DAC128-10 PK - 11 ALSACE LANE, PEAKHURST - ALTERATIONS TO EXISTING RESIDENCE INCLUDING NEW GARAGE


Applicant

Zi Hui Chen

Proposal

Alterations to existing residence including new garage

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.7 Drainage and Onsite Detention Requirements, Section 4.1 Single Dwelling Houses

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Zi Hui Chen

Existing development

Dwelling house

Cost of development

$260,000.00

Reason for referral to Council

Variations to DCP 1 and three submissions received

Report author/s

Development Assessment Officer, Mr P Nelson

File No

10/DA-301

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application proposes alterations and additions to the existing single dwelling house.

2. A previous application for alterations and additions was lodged under 09/DA-419 on 23 October 2009. This application was withdrawn on 4 May 2010.

3. The proposal complies with Council’s relevant Local Environmental Plan. Five (5) variations to Development Control Plan No 1 are proposed, primarily due to the slope of the site.

4. Three (3) neighbour submissions were received in during the initial notification period. The re-notification of more detailed shadow diagrams received no further submissions.


AUTHOR 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 dwelling house. The alterations and additions are to comprise an amended floor plan and the addition of a new top floor of the development. The new top floor reads as a single storey dwelling when viewed from the street but as a result of the significant fall of the allotment to the rear, this floor also reads as a second floor from the side and a third floor from the side and rear of the allotment.

For ease of interpretation in this report, the new floor shall be referred to as the upper floor, the existing ground floor shall be referred to as such with the remaining level referred to as the lower floor.

The proposed changes include:

Upper Floor This is a new floor and provides a double garage accessed at grade from the street frontage through the provision of an elevated slab across the front yard. The front yard has a significant fall to the existing footprint of the dwelling house. Also to be provided on this level is a new entry foyer, parents retreat and master bedroom with a walk in wardrobe and ensuite bathroom. A new balcony is provided along the width of the rear elevation at this level and 1.2m wide, and a further roof terrace of 4m x 11.2m is provided by stepping down from the new balcony area to the level of the existing roof below. The terrace is proposed to be bordered on three (3) sides by a 1000mm wide planter box.

It is noted that from the front boundary to the rear elevation of the proposed upper floor extension, the site falls by 6.37m on the south west side and by 7.65m on the north eastern side.

The new garage is proposed to be accessed from natural ground level (RL 25.14 to RL 25.21) at the front boundary via an elevated concrete driveway to a new garage with a finished floor level of RL 25.00. All rooms in the new upper floor level are provided at RL 25.00. The floor to ceiling heights in the garage are proposed to be 2.3m. The bedroom and retreat have a raked or skillion roof with no internal ceiling, with floor to underside of roof heights ranging from 2.2m to 3.5m. It is noted that the design of the proposal generally provides the floor to ceiling heights at as low a level as possible.

Ground Floor The existing garage on this level is to be converted into a rumpus/billiards room and the garage door is to be removed and replaced with a window and a stair/void/lobby area serving the new entry area above. The remainder of this floor layout is to remain unchanged. It is noted that the floor to ceiling height in the rumpus/billards room is 2.35m. This will have to provide ‘deemed to comply’ specifications at the Construction Certificate stage to ensure compliance with Building Code of Australia.

Lower Ground Floor No changes are proposed on this level of the existing single dwelling house.

Front Yard The existing driveway is to be removed and reinstated with lawn.


BACKGROUND

A previous application for alterations and additions to the single dwelling house on the subject site was lodged under 09/DA-419 on 23 October 2009. This application was withdrawn by the applicant on 4 May 2010.

The current application was lodged on 6 August 2010 and notified from 16 August – 30 August 2010. Additional shadow diagrams were submitted on 29 September 2010 and 5 November 2010. These were re-notified to objecting neighbours from 5–19 November 2010.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located in Alsace Lane, which is a narrow residential no through street with limited on street parking. Although Alsace Lane allows for two-way vehicular movement, a three point turn, with one of these points being over a driveway on private property, is required to exit the street in a forward direction. It is also noted that the availability of on street parking is limited.

The streetscape of the area at the northern end of Alsace Lane, on the low, south eastern side, is predominately of single dwelling houses with a single storey to the street. However, due to the slope the dwellings are two (2) or three (3) storey at the rear. The site directly neighbouring the subject site to the north has a high raked roof which result in this dwelling house having a greater height than the majority of other developments in Alsace Lane when viewed from the street.

The northern end of Alsace Lane on the opposite, north western side comprises predominately the rear boundary fences of allotments addressing Rainbow Parade. The majority of these dwelling houses are at significantly higher elevations then the level of Alsace Lane.

The subject site has a significant fall to the rear and is the only dwelling house in the street without the presentation of a single storey to the street frontage. The subject dwelling has a roof ridge that ranges from 240mm below to 330mm above the level of natural ground at the front boundary of the property. As such when viewing the property from natural ground level standing at the front boundary of the property the view is of the top of the roof of the existing dwelling.

The allotment has a fall of 2.55m from the street boundary to the front wall of the existing single dwelling house, over a distance of 6m. From the front boundary to the rear of the allotment the total maximum fall is approximately 9m over 36m between two (2) surveyed points (RL 25.25 AHD on the front northern corner to RL 16.25 AHD near the rear southern corner. The fall is to the rear with a cross fall to the south and south west also evident.

When viewed from the rear, the existing building is two (2) storeys, with the lower ground floor provided as a partial basement, being excavated into the site. The neighbouring dwelling to the south west reads as two (2) storeys when viewed from the rear and the neighbouring dwelling to the north east reads as three (3) storeys when viewed from the rear.

All dwellings on the south eastern side of Alsace Lane have a significant fall from the street to the rear boundary. These properties back on to Lime Kiln Reserve which is a Hurstville City Council owned open space zone. A view of Lime Kiln Bay in the foreground and Oatley Park on the opposite peninsular beyond the bay is available from the rear of allotments on the south eastern side of Alsace Lane.

The residential properties on Rainbow Parade also have views of Lime Kiln Bay and Oatley Park beyond, over the top of the roofs of the dwelling houses on Alsace Lane.

Alsace Lane is entirely a residential area.


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.

Clause 15 – Services

Appropriate provision of services is available to the subject site in accordance with Clause 15 of the Local Environmental Plan.

Clause 19B – Foreshore Scenic Protection Area

Clause 19B of the Local Environmental Plan requires that:


Comment: The view of the proposal from the reserve at the rear and the adjacent foreshore area is considered to be appropriate. The stepping back of the new level is considered to appropriately break up the bulk of the building making it sympathetic with the character of the adjoining properties. The design is appropriate in relation to the topography of the site.

The proposal will have no undue impact of views to the foreshore and a view sharing assessment is provided to demonstrate this later in this report.

The proposal does not result in any impacts on any significant topographical feature or any significant vegetation.

The proposal is considered to respond appropriately to the current character of the area and provides in excess of the required landscaping on site.

As such the proposal is considered to comply in full with this clause of the Local Environmental Plan.

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.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

No Draft Environmental Planning instruments affect the proposal.

Any other matters prescribed by the Regulations

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

Demolition

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

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 2.2 NEIGHBOUR NOTIFICATION AND ADVERTISING OF DEVELOPMENT APPLICATIONS

The proposal has been notified to surrounding neighbours in accordance with this section of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

3.1 Car ParkingControlProposedComplies
Parking Provision22Yes
As demonstrated in the table above, the proposal provides the required number of car parking spaces for residential development. It is also noted that the proposal improves car parking provision on the site by providing for level access to a garage and better vehicle manoeuvring and sight distance for vehicles entering and exiting the site. This is proposed to be further improved by a condition of consent requiring the proposal to comply with the minimum required 5.5m front boundary setbacks to the face of the garage door.


DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION REQUIREMENTS

The proposed development may be conditioned to provide a hydraulic design in accordance with this section of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES

An assessment is provided in relation to this section of the Development Control Plan in the table below.

Single Dwelling HousesStandardProposedComplies
4.1.2.2 StreetscapeMust not diminish the quality of the streetscapeDesign appropriate and is single storey when viewed from the street Yes
4.1.3.1 Maximum Floor AreaSite Area less than or = 630sqm, 561.7sqm, 0.55:10.53:1Yes
4.1.3.2 Landscape and Open Space

Principal Private Open Space

Deep Soil
45%

30sqm and minimum dimensions of 5m

25% of site with
15sqm in front yard on sites wider than 12m
55.57%

107.21sqm and minimum dimension of 7.1m
>25%
>15sqm
Yes

Yes

Yes
Yes
Yes
4.1.3.3 Building HeightCeiling height 7.2m
Ridge height 9m
10.1m maximum
10.5m maximum
No (1)
No (2)
4.1.3.4 SetbacksFront; 4.5m to wall
5.5m to garage
Side 900mm (ground and basement)
Side second floor 1500mm
Rear 3m to ground
Rear 6m to balustrade
4.5m
4.5m to 5.2m
900mm ground floor

1100mm on NE side
12.5m
13.5m
Yes
No (3)


No (4)
Yes
Yes
4.1.3.6 BalconiesAccessible at same FFL from habitable room.
Privacy catered for by privacy screens where required.

Terraces not visible from street.
Roof terrace requires a step down from living areas to a lower adjacent roof level.


Terrace not visible from the street.
No (5)





Yes
4.1.3.7 Façade ArticulationCarports/garages set back 5.5m

Sites >12m wide garage doors to not exceed 40% of dwelling

Habitable room to street

Two elements of street façade of:
Entry feature/portico
Awning/window feature
Eaves/Sun shading
Window box
Bay Windows
Wall offset/balcony/ verandahs/pergolas
4.5m to garage door at closest point

4.8m wide or 37.2%



Window of new parents retreat to street


Yes




Yes
No (same as point 3, above)
Yes



Yes



Yes




Yes
4.1.3.8 Car Parking and Vehicular Access3 or more bedrooms, 2 spaces.
Sites >12m, 2 spaces behind front building line for all new dwellings.
2 spaces

2 spaces behind front building line
Yes

Yes
4.1.3.9 PrivacyWindows offset by 1m





Neighbouring principal private open space is not overlooked by proposed living areas
NE windows for garage, walk in wardrobe and ensuite. Not offset. However condition will require high sill height windows. No new overlooking windows to SW. Neighbour yard due to fall of lot may be overlooked from new rear balcony. Due to fall of allotment this is considered to be acceptable. Rear roof terrace is too large and results in a new overlooking entertainment area. Will be conditioned to be deleted.Yes in accordance with conditions for NE side high bottom sill windows and the deletion of the proposed upper level roof deck
4.1.3.10 Solar access and energy efficiencyNorth facing rooms receive maximum solar access.
Subject and adjoining lots receive 3hrs solar access between 9am and 3pm on midwinter equinox
No north facing rooms. New bedroom and parents retreat receive morning sun. All neighbouring properties receive in excess of the minimum solar access requirements. Additional overshadowing to the SW neighbour does result, however this is from a short section of wall 4m long and set back from the adjoining neighbouring wall by 4.4m.Yes
(1) Building Height - Ceiling Height


The proposed internal ceiling heights range from a RL of 27.6 AHD to 28.75 AHD. This results in a maximum internal ceiling height of 10.1m on the north eastern side of the proposal. The corresponding upper most internal ceiling height on the south west side of the proposal is 9.1m. The ceiling heights are in excess of the maximum permitted as a direct result of the significant fall of the site to the rear. These levels equate to floor to ceiling heights ranging from 2.3m in the garage, with the bedroom and retreat having a raked roof with no internal ceiling with floor to underside of roof heights ranging from 2.2m to 3.5m. The design of the proposal results in internal ceiling heights on the upper floor at generally the lowest level possible. To require the internal ceiling to be any lower would result in a development that would not meet with the minimum floor to ceiling requirements of the Building Code of Australia.

The additional level proposed will bring the existing dwelling house into conformity with the streetscape, by resulting in a single storey presentation to the street. Further to this, the variation proposed is a result of the significant fall to the rear.

This variation results in some impacts on solar access to the adjoining neighbour to the south west, specifically some upper floor windows in the north eastern elevation. Despite this, the adjoining area of principle private open space receives a complying amount of solar access.

Currently all the upper floor windows of the adjoining south western neighbour receive solar access during the midwinter solstice from noon onwards, with some windows receiving solar access for all the hours from 9am to 3pm. The proposal will result in the top rear most window of the neighbour being in shadow until approximately 1pm where currently this window receives in excess of the minimum 3 hours solar access. This window will now receive approximately two (2) hours of solar access during the midwinter solstice. The remaining two (2) upper floor windows of the adjacent south western neighbour that are affected by the proposal will receive direct solar access from noon onwards in compliance with the solar access requirements of Council’s Development Control Plan. This will be further improved by the condition requiring the deletion of the roof terrace and associated privacy screens, which will increase the amount of solar access into some of these adjoining top floor windows. It is further noted that from noon onwards in summer the north east wall of the adjoining south east neighbour will receive in excess of 3 hours of solar access.

In addition to this, the proposal complies in full with the relevant Section 4.3.1.10 of Development Control Plan No 1 which requires that the “Principle private open space of both the subject lot and the adjoining lot must receive a minimum of 3 hours direct solar access between 9am and 3pm in mid winter (June). Where less than 3 hours of sunlight is currently available in mid winter, it must not be further reduced.” The proposed alterations and additions to the existing dwelling house ensure that a large proportion of the subject site and the neighbouring site rear yard areas of principle private open space receive 3 hours of solar access from 9am to 12 noon. Furthermore it is noted that with the condition to delete the roof terrace and associated privacy screens, the subject site and adjoining site will receive similar solar access to their rear yards as currently exist, with the change in overshadowing being relatively minor.

As the proposal is considered to respond appropriately to the single storey character of the streetscape and due to the fact that the variation is a direct result of the significant fall to the rear experienced on site, this variation is supported. The overshadowing caused by the proposal is also considered to be reasonable, with the suggested conditions of consent relating to the deletion of the proposed roof terrace.

(2) Building Height - Ridge Height

The proposed maximum roof ridge height is RL 29.15 stepping down to a generally flat roof form with an RL of 27.8. The maximum roof height is located on a 4.6m long section of the south western and north eastern elevations in a location above the proposed bedroom and parents retreat. This is proposed in order to provide for appropriate floor to ceiling heights for the proposed habitable rooms.

This design results in a variation to overall roof ridge height with a maximum height of 10.5m proposed on the north east side, stepping down to 9.5m maximum height on the south western side. These maximum roof heights are for the top of the raked roof above the habitable rooms proposed on the upper floor level.

The variation to roof ridge height is a direct result of the significant fall to the rear of the site. As indicated above, the proposal has provided for generally low floor to ceiling heights, and as a result of this much of the roof has an RL of 27.8 AHD with the maximum height for a small portion of roof being RL 29.15 AHD. This when viewed with the level of natural ground at the front boundary being RL 25 AHD, the proposed upper floor addition is single storey when viewed from the street, despite the high roof heights relative to natural ground level directly below the roof form.

In terms of streetscape and in reference to the adjoining dwelling houses on either side, the proposed dwelling house is 460mm lower than the highest point of the north eastern neighbour and is 1.48m higher (for the 4.1m long section of raked roof in the centre of the site) than the top ridge height of the south western neighbour. The majority of the new roof area however is at RL 27.8 AHD which is 1.81m lower than the north eastern neighbour and 130mm higher than the south western neighbour. This will result in a development that responds appropriately to street character by providing a development with a height that corresponds with the topography and the levels of adjoining neighbours.

It is also noted that the upper floor on the south western side is setback 1.75m from the south western side boundary and the length of wall at this point is 4m long. Despite being of excessive height this wall and associated roof form will result in a relatively minor impact on the adjoining south western neighbour as a result of the wall being setback further than required on this elevation and due to it being limited in terms of overall length.

This design also provides for equitable solar access to the south western neighbour, with the minimum solar access requirements being achieved for the site.

As such the variation to overall roof ridge height is supported on the basis of site constraints, streetscape and consideration of neighbour amenity.

(3) Setbacks - Garage

The garage has a proposed minimum front boundary setback of 4.5m. This is not considered to be appropriate for the subject site (despite the carports and garages of neighbouring properties being closer to the front boundary). This is due to the fact that Alsace Lane is relatively narrow with limited on street parking available and due to it being a dead end street with limited turning areas, the street is relatively difficult to negotiate in relation to vehicle manoeuvrability. The ability to provide for two (2) hard stand spaces on site in front of the garages is the intention of the required 5.5m front setback to garage doors and this would be a positive outcome for residents and their guests in relation to the subject site. A complying setback to the garage doors would provide for additional off street parking in an area where this is at a premium and would also provide additional turning area and sight distance for vehicles backing out of the new garage.

The proposed garage has an internal dimension of 6.2m. As such it will be a condition of consent that the proposal be amended to provide for a 5.5m setback to the garage doors. This must be achieved by reducing the proposed internal dimensions of the dwelling and maintaining a minimum internal length of 5.5m for the garage.

(4) Setbacks - Second Floor Side Boundary Setback

The second floor side boundary setback does not comply on the north eastern side of the proposed development. As the proposal is for alterations and additions, for structural reasons, it is more appropriate to provide any new wall on an existing lower floor wall for support. It is also noted that the upper floor wall on the north eastern side will not result in any overshadowing of the north eastern neighbour or any other amenity impact relative to an otherwise complying wall as a result of the 400mm variation. Where this is the case Section 4.1.4(c) indicates that for alterations and additions, variations to side setbacks are permitted where “it is done to provide suitable anchorage points on the external load bearing walls”. As such this variation is supported.

(5) Balconies - Roof Terrace

The standard in Council’s Development Control Plan No 1 requires roof have direct access at the same floor level from an adjacent living room. The proposed roof terrace proposes a difference in levels requiring six (6) steps and access is from bedrooms. This is not in accordance with the requirements of the Development Control Plan and a condition of consent will require that the proposed rear terrace be deleted. It is also considered that the height and size of the terrace (some 44sqm of usable area), specifically in relation to the rear of the proposed terrace, will lead to an excessive impact on neighbouring privacy. The privacy screens from the terrace also cause additional overshadowing, As such the deletion of this terrace is justified.

4. Impacts

Natural Environment

The proposal is unlikely to have any negative impacts on the natural environment.

Built Environment

As discussed previously, the proposal seeks approval for a design that proposes a single storey built form with a finished roof height generally in keeping with the streetscape and the design of the two (2) adjacent neighbours. The roof form proposed is generally of a height to encompass a new garage and living areas with the minimum permitted 2.4m floor to ceiling height under the Building Code of Australia in living areas, with a 2.3m floor to ceiling height proposed for the garage and walk in wardrobe. This design, with the exception of the skillion style raked roof over the living areas, limits the overall roof height to the minimum. Additional setbacks and a stepped building form is provided on the south western side in order to limit any overshadowing impacts on the south western neighbour and as a result this neighbour receives the required solar access under Council’s Development Control Plan No 1. Solar access to the rear yard will also be further improved by the deletion of the roof terrace and associated privacy screens which currently lengthen winter shadows.

The variation to the side boundary setback on the north eastern side does not result in any undue amenity impacts for the adjacent neighbour and there is still appropriate building separation of 2.5m to provide for the side boundary setback objectives of access to sunlight, ventilation and views as would otherwise be provided by a complying setback. It is also worth considering on merit that the proposed addition is at a similar level to the finished floor level of the adjacent dwellings and in single storey when viewed from the street. As such the variation to the required second floor setback is considered to be within reason as in the interaction between the non complying wall and the nearest north eastern neighbouring wall both read as generally single storey from the street and the variation results in no additional amenity impact.

In relation to views, the proposal will block existing views from the north eastern neighbour and south western neighbour across the side boundaries of the subject site. However, due to the subdivision pattern, no dwelling in the street possesses views across the side boundary where the dwelling house footprints are located.. The predominant views for all dwellings along Alsace Lane are to the south east from the rear elevation of properties on Alsace Lane. The proposed development does retain the prominent views of the adjacent neighbours, to the south east and it is considered unreasonable to expect current views from side windows of adjacent neighbours across the roof of the existing dwelling to be retained.

In relation to views from the rear of the opposite neighbouring dwelling at 57 Rainbow Parade, it is noted that some view of Lime Kiln Bay will be obscured by the top of the proposed roof. Despite the resultant change of angle of this view the most significant component of the view, namely the view of the land water interface between Lime Kiln Bay and the adjoining Oatley Park, will be maintained. This is discussed further below.

The provision of a large elevated roof terrace will result in additional overlooking of the rear yards and rear facing balconies of adjacent neighbours. The provision of this terrace is not in keeping with Council requirements and will be required, as a condition of consent, to be deleted. This will also further reduce overshadowing by negating the necessity to have privacy screens.

In line with the controls above, the proposal’s built form is considered acceptable and appropriate for the immediate area.

Social Impact

The proposal is unlikely to result in any undue impact on local society.

Economic Impact

The proposal will not have any major economic impact.

Suitability of the Site

The subject site is appropriate for residential development.


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. Three (3) submissions were received in relation to the proposal within the notification period, raising the issues discussed below. Additional shadowing plans were re-notified and these plans received no further submissions.

Overall height of wall and roof

Two (2) submissions have been received in relation to the proposed variation to roof height and the wall height resulting from the variation to internal ceiling height.

Comment: The variation to both internal ceiling height and roof height, as previously discussed in the report, is consistent with the streetscape and existing character of Alsace Lane and the variations do not result in any unreasonable loss of neighbour amenity.

Side Setbacks

Two (2) submissions have been received in relation to the variation to the upper floor side boundary setback proposed on the north eastern side of the development.

Comment: As detailed in the report above, it has been demonstrated that despite the variation to the north eastern wall setback there is not an unreasonable loss of amenity to any adjacent neighbour. As the proposal relates to an alteration and addition, the proposed variation is considered to be acceptable in this instance.

Overshadowing and shadow diagram

Two (2) submissions have been received questioning the lack of provision of elevational shadow diagrams and what the full impacts of overshadowing on the south western neighbour will be.

Comment: The applicant has provided, on Council request, elevational shadow diagrams in support of the plan shadow diagrams detailing full compliance with the minimum solar access requirements of Development Control Plan No 1. It is noted that these additional diagrams were not re-notified.

Privacy

One (1) submission has been received in relation to privacy. This submission states that the planter boxes provided along the new proposed rear roof terrace are unlikely to provide adequate screening to prevent overlooking of the adjacent neighbours.

Comment: The roof terrace proposed is of a height and in a location that has the potential to be a major privacy concern for adjacent neighbours. As detailed above in the report, this terrace is proposed to be deleted as a condition of consent.

Bulk from foreshore

One (1) submission has been received in relation to the proposed bulk of the building when viewed from the foreshore and that the building will appear as three (3) storeys.

Comment: This comment is accurate and the proposal will appear as three (3) storeys from the foreshore. It is noted however that the proposed upper floor is setback from the existing ground floor when viewed from the rear and this stepped form is considered to be a sufficient method to break up the building bulk so as not to result in a design that is overly bulky and out of keeping with the character of the area, particularly with the deletion of the upper level terrace area.

View Sharing

The rear neighbour on Rainbow Parade has requested that view sharing be considered in the assessment and that the proposal be within the existing established streetscape of Alsace Lane in order to preserve views to Lime Kiln Bay and Oatley Park.

Comment: The proposal is considered to be sympathetic to the existing streetscape and character of the area. A view sharing assessment is provided below.

The view sharing issue raised by the north eastern neighbour requires the proposal to be assessed in relation to the View Sharing Planning Principle provided by the NSW Land and Environment Court. The planning principle in relation to view sharing is as follows.

Views – General Principles – Tenacity Consulting v Warringah Council (2004) NSWLEC 140


In relation to the points raised above, the following assessment is provided.

The view to be affected is considered to be a significant view from the rear of the neighbouring property at 57 Rainbow Parade to Lime Kiln Bay and Oatley Park. The view is from both a standing and sitting position from the rear balcony of 57 Rainbow Parade. Generally the single storey dwellings on Alsace Lane are obscured from view from this balcony by the existing rear boundary fence and the canopies of large trees with the single storey roofs of dwellings on Alsace Lane visible. A view over the existing roof of the subject site is available and this view is currently partially obscured by the canopy of trees and an overhead wire. The introduction of the proposed development will further obscure the view, but only in the area where the view is already impacted by the overhead wire and existing vegetation. Using the roof line of the existing neighbouring dwellings adjacent to the subject site as a guide, it is considered that the most significant portion of the view to Lime Kiln Bay and Oatley Park will be maintained from both a standing and sitting position, despite the introduction of the proposed development. As the most significant portion of the view is maintained, the proposal is considered to be appropriate in relation to the Land and Environment Court view sharing planning principles.

Council Referrals

No internal referrals were required as part of the proposed development.

External Referrals

No external referrals were required in relation to the proposed development.


6. CONCLUSION

The proposal seeks approval for a first floor alteration and addition to the existing single dwelling house. The application seeks a range of variations to Council’s relevant Development Control Plan No 1. These variations have either been supported for the reasons stated in the report or are conditioned to comply.

Three (3) submissions were received in relation to the proposal. These have been addressed in the report.

The application is to be 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 10/DA-301 for the alterations to existing residence including new garage on Lot 11 DP 228625 and known as 11 Alsace Lane, Peakhurst Heights, subject to the attached conditions:
1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.

Plan Number
Plan Date
Description
Prepared By
DA013 Aug 10Site PlanArchizen
DA03 3 Aug 10Mid Level Floor PlanArchizen
DA043 Aug 10Proposed Upper Floor PlanArchizen
DA053 Aug 10North West and South East ElevationsArchizen
DA063 Aug 10North East ElevationArchizen
DA073 Aug 10South West ElevationArchizen
DA083 Aug 10SectionArchizen
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.6. PR1 - Prescribed Conditions of Development Consent

This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs
This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of

If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.

Demolition Conditions

7. DE 1

(a) The demolition of the building must be carried out strictly in accordance with Australian Standard 2601-2001 - The Demolition of Structures.
(b) The demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.
(c) For buildings containing asbestos sheeting or asbestos products, the demolition shall:
(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 10 square metres. For more information phone WorkCover on 13 10 50 or visit www.workcover.nsw.gov.au.
(ii) comply with Council's Asbestos Policy adopted by Council on 23 March 2005 (as amended from time to time).. A copy of the Policy may be downloaded from the Development ... Site Management page of our website.
(d) Lead paint removal must not cause lead contamination of the air or ground. For more information visit www.dec.nsw.gov.au or phone the Department of Environment and Conservation on 9995 5555.
(e) Decommissioning of any air-handling or refrigeration system containing chlorofluorocarbons (CFC's) or fire extinguishing systems containing halons must only be carried out by a person or directly supervised by a person authorised by the Department of Environment and Conservation. Any work of this nature must be in accordance with the Ozone Protection Act and Regulations and any relevant Code of Practice approved by the Department of Environment and Conservation. For more details visit www.environment.nsw.gov.au. or phone the Department of Environment and Conservation on 9995 5555.
(f) The cost of any damage to road/kerb/gutter/footpath will be deducted from the kerb and gutter damage deposit unless you notify Council of any existing damage before the commencement of work.

8. DE7 - On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

9. DE8 - Demolition works involving the removal and disposal of bonded asbestos over 200sqm must only be undertaken by a licensed asbestos removalist. Licensed asbestos removalists must be engaged for the removal of any friable asbestos.

10. DE9 - The developer /builder is to notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority ( i.e. WorkCover or Hurstville City Council). Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

11. DE10 - Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

12. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.13. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
14. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

15. OC8 - Design Changes Required - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.
16. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.17. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

18. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design:

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements

19. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

20. BC5 - Bulk excavation or filling levels - the bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.21. PN11 - Details of any proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

22. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.23. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.24. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.

25. DR1 - Stormwater System - All roof, surface water and sub-surface water must be collected and discharged to the existing drainage system in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions.

On-site infiltration via an absorption trench is only permitted for surface water runoff such as driveway/footpath, and such trenches must be located at least 3m from any property boundary and be constructed at across the contour of the land.

All outlets from any pump and charged systems must be constructed at 45 degrees to the direction of flow in the street gutter.

The design of the proposed drainage system must be prepared by a qualified practising hydraulics engineer and be submitted for approval with the Construction Certificate application.

26. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

Please refer to the web site www.sydneywater.com.au for:


or telephone 13 20 92.

27. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicle crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.

28. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

29. The noise level of the air conditioning unit will not exceed 5dBA above the ambient background noise level measured at the nearest residential property boundary between the hours of 7.00am to 10.00pm Monday to Friday, 10.00pm to 7.00am Monday to Friday, 8.00am to 10.00pm and 10.00pm to 8.00am weekends and public holidays and public holidays. The air conditioning unit if operated outside these hours must not exceed the background ambient noise level.

30. The operation of the air conditioning unit is to comply with the Public Health Act 1991, Protection of the Environment Operations Act 1997, AS 3666 and AS1668 as applicable.
31. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or (i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and
(ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.32. BC1 - Construction Certificate - No work shall commence until you:

33. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
34. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.35. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.36. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.

37. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 38. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

before the commencement of work (and until issue of the Occupation Certificate).39. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:

(a) At the commencement of building work,
(b) After excavation for, and prior to the placement of, any footings,
(c) Prior to pouring any in-situ reinforced building element,
(d) Prior to covering of the framework for any floor, wall, roof, or other building element,
(e) Prior to covering waterproofing in any wet areas,
(f) Prior to covering any stormwater drainage connections, and
(g) After the building work has been completed and prior to any occupation certificate being issued in relation to the building. Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

40. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Setout before commencing excavation.(b) Floor slabs or foundation wall, before formwork or commencing brickwork.

(c) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.(d) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

41. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday. A Penalty Infringement Notice may be issued for failure to comply with this condition.

42. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.

43. MI21 - All enclosed and unrestricted car parking spaces, internal driveways and the like, shall be designed to conform with Council’s Development Control Plan. Regard shall be given to the crossfall, in longitudinal profile, of the footpath in the design of footpaths.

44. RR8 - Any existing vehicular crossing and/or layback which is redundant must be removed, and the kerb, any other footpath and turf is to be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out either by Council, after payment of a quotation, or by a private contractor, subject to Council approval.

45. RR9 - Any utilities/services/drains/power poles that require relocating or altering as a result of construction of the vehicular crossing to Council’s issued levels and/or Council’s standard shape, is to be done in accordance with the requirements of the relevant service/utility and at the expense of the beneficiary of this consent.

46. MI132 - Filling - No filling of the land between the external walls of the structure and the side, front or rear boundaries is permitted. Deepened edged beams or similar must be incorporated into the slab design and any structural engineers details are to reflect this type of design.

47. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

48. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.49. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.50. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

51. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.

52. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.

53. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the Occupation Certificate.

54. IN2 - Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building. Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:

55. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. A91112 dated 6 August 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

56. MI27 - Driveway Construction - A vehicular crossing shall be provided in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out by Council (after payment of a quotation), or by a private contractor (subject to Council approval).

The work must be completed before the issue of an Occupation Certificate.

57. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.58. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.

59. MI22 - The premises is to be used as a single dwelling house only. At no future time is the building to be adapted as separate occupancies without first obtaining a separate Development Consent.
60. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

61. If you are not satisfied with this determination, you may:
(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

62. AD1 - Dial Before You Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of: For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

63. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

64. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.65. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.66. AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.67. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.68. AD11 - Other approvals required - Where it is proposed to:

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

69. If you need more information, please contact Development Assessment Officer Peter Nelson on 9330-6156 during normal office hours.

* * * * *


DECISION - DAC

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

(Moved Councillor C Hindi / Seconded Councillor S McMahon)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 8th December 2010

DAC129-10 PNS - 18 BLACKSHAW AVENUE, MORTDALE - SECTION 96 MODIFICATION TO APPROVED DUAL OCCUPANCY INCLUDING EXTENDED COVER OVER REAR PATIO AREAS, EXTENDED FLOOR SLAB OF REAR BALCONIES, ADDITION OF PRIVACY SCREENS ON FIRST FLOOR LEVELS AND ADDITION OF AIR CONDITIONING UNITS


Applicant

Traj Development Pty Ltd

Proposal

Section 96 modification to approved dual occupancy including extended cover over rear patio areas, extended floor slab of rear balconies, addition of privacy screens on first floor levels and addition of air conditioning units

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 3.5 Energy Efficiency, Section 4.6 Dual Occupancy Housing

Hurstville Local Environmental Plan 1994 interpretation of use

Dual occupancy

Owner/s

Nick, Suzana, Bobi and Kludija Petkovski

Existing development

Dual occupancy

Cost of development

N/A

Reason for referral to Council

Partial unauthorised building works and variation to DCP 1

Report author/s

Development Assessment Officer, Mr R Guirguis

File No

2009/DA-302REV1

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The original application was granted consent to construct a new two (2) storey attached dual occupancy and Torrens Title subdivision.

2. The subject Section 96 application seeks to modify the approved design by extending the cover over the rear patio areas, extend first floor slab of rear balconies, the addition of privacy screens on first floor levels and the addition of air conditioning units.

3. There has been some unauthorised works concerning the subject application as well some works that is not consistent with the approved plans in relation to the first floor balconies facing the rear.

4. Apart from the works that has been carried out not in accordance with the approved plans, the proposal is considered satisfactory to the provisions of Hurstville Local Environmental Plan 1994, and represents a non compliance with the provisions of Development Control Plan No 1 in relation to the maximum depth, for a portion, of the first floor balconies.

5. Previous objectors have been notified and there were no submissions received in relation to the proposed modifications.

6. The application was deferred at the Development Assessment Committee meeting of 3 November 2010 for inspection and report by Ward and interested Councillors. The inspection was held on 8 December 2010.


AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.
FURTHER THAT the matter be referred to the Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.


REPORT DETAIL

BACKGROUND

The application was deferred at the Development Assessment Committee meeting of 3 November 2010 for inspection and report by Ward and interested Councillors. The inspection was held on 8 December 2010.


For the information of Councillors, please find the previous report following.

"DESCRIPTION OF THE PROPOSAL

The application seeks approval for Section 96 modifications to an approved dual occupancy.

The original application was granted consent to construct a new two (2) storey attached dual occupancy and Torrens Title subdivision.

The approved design for the upper floor shows two (2) indented sections along either side of the building from the rear. These sections were approved as small roofed areas, and their dimensions are approximately 800mm in width by 3 metres in length.

The subject application seeks to extend the first floor slab of the rear balconies to incorporate these areas for the provision of some space to accommodate two (2) external air conditioning units to each of the dwellings and extend a 1 meter high brick balustrade together with an 800mm privacy screen on top of it along the full depth of the balconies including the areas in question to each side of the building. These areas represent an additional 2.4sqm of floor space to each of the rear balconies.

To this end, the above described works have already been constructed without the provision of the privacy screens or the installation of the air conditioning units.

The modified and extended first floor slab associated with the placement of the proposed air conditioning units, whilst it represents an additional 2.4sqm to each rear balcony, it does not alter the approved floor space ratio which remains in full compliance.

The provision of the 1 metre high brick balustrades and the proposed 800mm privacy screen to these areas are considered to preserve privacy to the adjoining properties to the east and west.

Further, the approved design for the first floor rear balconies shows the maximum depth of the rear balconies to be two (2) metres and followed by a section of concrete flat roof area of 1.4 metres in depth extending the full width of the building and separated equally by a common wall.

Upon site inspection, it was apparent that the above mentioned flat concrete roof area was incorporated as part of the rear first floor balconies.

The subject application makes no mention of this portion of the works. Hence, this portion of the works has not entirely been carried out in accordance with the consent as it represents deeper rear balconies (3.4m) than what was originally approved and a non compliance with Development Control Plan No 1 respectively.

The subject application also seeks to extend the roof area of the rear ground floor patios by an additional 1.5 metres further to the rear and extending the common wall between both dwellings accordingly. Whilst neither the roof nor the ground floor slabs of the subject patios have been extended, the 1.5 metre extension of the common wall has.

The proposed extension of the rear patio areas and its associated roof will not result in non compliance with the provisions of landscaping, rear or side setbacks, or the minimum required private open space to each of the dwellings.

Notwithstanding the unauthorised works, the development is considered to remain substantially the same.


BACKGROUND

21 Oct 09 Council granted consent for construction of a new two (2) storey attached dual occupancy and Torrens title subdivision (09/DA-302).

13 Jul 10 The subject application was lodged.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a rectangular shaped block of land with a frontage of 15.24m to Blackshaw Avenue and an area of 696.7sqm. The site is located on the northern side of the street. The previously existing house and garage on the site have been demolished under a separate application.

The site is adjoined by a dual occupancy development to the east and a dwelling to the west. Located at the rear of the site is a further dwelling. 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. The relevant issues raised are discussed below.

HEADS OF CONSIDERATION IN ACCORDANCE WITH THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

Comment: The proposal poses minimal impact on the natural environment and does not greatly differ from the original dual occupancy design that was originally approved.

Comment: The development is considered to remain substantially the same as the bulk of the proposed modifications generally involve minor extensions to the slab work in order to cater for the installation of air conditioning units on the first floor levels and for slightly bigger patio areas on the ground floor levels.

With respect to the flat concrete roof portion which has been incorporated into the areas of the rear balconies not in accordance with the approved plans, whilst this works is considered to have failed the Section 79C assessment, it does not render the subject development to be substantially different. As such the development is considered to remain substantially the same and this matter shall be dealt under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy as it was not proposed or made mention of in the subject Section 96 application.

Comment: The proposal has been notified pursuant to Council’s Development Control Plan No 1 – LGA Wide - Section 2.2.

Comment: Previous objectors have been notified and there were no submissions received in relation to the proposed modifications.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is located in zone 2 - Residential, “dual occupancy” and subdivision of land are permissible uses in the zone. The proposal meets the zone objectives.

Clause 15 – Services

The proposed modification does not require the accommodation of any additional services or infrastructure. Stormwater will remain discharging into Blackshaw Avenue as approved and as proposed.

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.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

There are no draft environmental planning instruments relevant to the subject proposal.

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.6 DUAL OCCUPANCY HOUSING

Section 4.6 – Dual Occupancy Option 3
Standard
Proposal
Complies
Minimum Site Area630sqm696.7sqm
Yes
Minimum Width Allotment15m15.24m
Yes
Front Setback5.5m5.5m
Yes
Rear Setback15m18.5m (As approved , as the position of the rear façade remains unaltered)
Yes
Side Setback1.5m1.5m each
Yes
Lightwells
Size
Style
Minimum 1.5m x 3m
Uncovered at ground and first floor
1.5m x 3m each
Uncovered
Yes
Yes
Second storey rear setback 3m4m
Yes
Maximum depth of rear first floor balcony2m5m side portion due to extended sections along the side of the dwelling for AC units
AND
3.4m majority of balcony due to unauthorised works incorporating a portion of the ground floor roof within
No (1)
Maximum FSR0.6:10.54:1(As approved)
Yes
Maximum Height to Uppermost ceiling6.8m 6m (As approved)
Yes
Internal floor to ceiling heights2.7m – 3.6m2.7m (As approved)
Yes
Maximum Roof Ridge Height9m8.1m max. (As approved)
Yes
Maximum Recommended Roof Pitch25-35 degrees20 degrees (As approved)
N/A
Car Parking1 garage car space + 1 driveway car spaceGarage plus driveway space per dwelling
Yes
Driveway widthMinimum 3m wide per dwelling house3m each (As approved)
Yes
Driveway setback from side boundaryMinimum 1.5m4.6m (As approved)
Yes
Minimum garage recess300mm1300mm (As approved)
Yes
Maximum number of storeys2 storeys2 storeys (As approved)
Yes
Subdivision200mm dividing wallThe party wall is extended to the extent of the proposed roof
Yes
BalconiesPrivacy screens 1.8m highProvided
Yes
Cut and fillMaximum 600mmNone required (As approved)
N/A
Landscaping and Private Open Space-min 40% of rear yard to allow deep soil

-landscape plan to be submitted

-one established tree to be planted in front yard


-private open space to have min 4m x 5m dimensions

-private open space to be accessible from the living room

-front fence to be <1m
311.6sqm in total area 60% of rear yard is deep soil
Provided


As approved



Achieved


Achieved



As approved
Yes

Yes

Yes


Yes

Yes


Yes
Solar design, water and energy efficiencyBASIX certificate to be submittedAmendment not required (provided previously)
N/A
Overshadowing to habitable rooms and private yardsWindows of habitable rooms, solar collectors and ground level principal private open space to receive at least 3 hours of sunlight between 9am and 3pm on 21 JuneComplies
Yes
Outdoor clothes dryingOne (1) per dwellingProvided and unaltered
Yes
Garbage spaceMinimum 3m x 1m per dwellingAs previously conditioned
Yes
Storage6m³ per dwellingProvided as approved
Yes
(1) Maximum depth of the first floor balconies


The intent of the 2 metre maximum depth to a first floor balcony control is to primarily limit the possibilities of overlooking and to preserve the privacy of adjoining properties.

This application varies this control in two separate occasions as follows:

1. Firstly, by utilising an area that was originally designed and approved as a small roofed section along both sides of the building for the provision of space to accommodate two (2) external air conditioning units to each of the dwellings.


2. Secondly by incorporating a section that was originally approved as a flat concrete roof to the ground floor rear of the building into the floor area of the first floor rear balconies and consequently resulting in this non compliance.

4. Impacts

Natural Environment

The proposed modifications will not require the removal of any vegetation and stormwater system will remained unaltered and as proposed discharging to the street gutter.

Built Environment

Streetscape

The proposed works will not be seen from the street therefore will not alter the streetscape from what was originally approved.

Design

Excluding the unauthorised works involving the incorporation of the rear approved flat concrete roof as part of the rear first floor balconies, the modified design will remain substantially the same as the proposal is not considered to alter the functionability of the building.

Overshadowing

Adjoining properties will continue to get the minimum required solar access following the proposed extended flat roof portion to the sides used for the provision of external air conditioning units.

The unauthorised works involving the relocation of the balustrades further to the north over an approved roofed area, creating deeper balconies is not considered to pose any detrimental impact as far as overshadowing is concerned.

Privacy

Privacy is considered to be preserved from each side of the dwellings as far as the proposed extended portion of the balconies slab along both sides of the building is concerned as this area is too narrow and mostly occupied by the external air conditioning units.

In addition, an 800mm privacy screen positioned on top of the 1 metre solid balustrade is proposed to extend the full depth of the subject balconies. Therefore, the line of sight is blocked by up to 1.8 metres in total from the finished floor level of the subject balconies.

In respect to the unauthorised extension of the rear balconies by a further 1.4 metre over an area that was originally approved as a flat concrete rooftop, as previously mentioned, this variation is considered to pose a greater privacy concern as it facilitates a clear lines of sights when standing at the 3.4m line (of the now constructed balconies) to both adjoining properties to the east and west.

Should a permanent balustrade be constructed as approved at the 2m rear alignment of the balconies, the line of sight will be intercepted by the common wall from one side and the proposed privacy screens from the other side to each of the rear balconies in question which will ultimately preserve the privacy of the adjoining properties.

Heritage

The subject site does not contain a heritage listed item or located within the vicinity of a heritage listed item.

Social Impact

The proposed modification will have no social impact.

Economic Impact

The proposed modification will have no economic impact.

Suitability of the Site

The suitability of the site for the development was established in the original consent. Nothing in this modification alters this.

Unauthorised Works

The first floor rear balconies have been extended by 1.4 metres in a northerly direction over an approved concrete roof area in contrary to the approved plans as well as being extended along each side of the dwellings with its associated brick balustrade as proposed in this application. Also the proposed 1.5 metre extension of the common party wall separating the rear patios at ground floor level has been constructed.

It is recommended that the matter be referred to the Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.


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. Previous objectors have been notified and there were no submissions received in relation to the proposed modifications.

Council Referrals

The proposed modifications do not require any referral.


6. CONCLUSION

The subject modifications are considered satisfactory to the provisions of Hurstville Local Environmental Plan 1994 and represents what is considered as a technical and a minor non compliance with Development Control Plan No 1 in relation to the maximum depth permitted for a first floor rear balcony.

The additional area added to the side of each balcony is 2.4sqm and is positioned along each side of the building in a long and narrow fashion made only to cater for air conditioning units. These areas are proposed to have privacy screens along their entire depth and including the side of the balconies. In this regards, the areas in question are considered too narrow to be used for entertainment purposes and privacy of adjoining properties is not considered to have been compromised.

Some of the proposed modifications have already been constructed in part and some unauthorised work that did not form a part of this proposal, concerning the depth of the rear balconies, have only became apparent upon inspection of the site.

The extent of the later unauthorised works involve positioning a solid brick balustrade on the edge of what was originally approved as a flat concrete roof area forward of the first floor rear balconies. This has resulted in having the balconies 3.4m deep and represents a significant (70%) variation which did not form part of the subject application.

However, this portion of the unauthorised work was found somehow related as it is proposed to be covered from the side by the proposed privacy screens and side balustrades. Hence, this was considered to be within the scope of this assessment by virtue of its association with some of the proposed works.

This variation is considered unnecessary, significant, and poses a privacy concern to the adjoining properties.

As such, this matter has been referred to the Manager – Building Control to take appropriate action and a condition of consent has been placed to ensure that the privacy of the adjoining properties is not compromised and the depth of the useable portion of the balconies be returned to that as originally approved.

Overall, the development is considered satisfactory and substantially the same as what was originally approved.


RECOMMENDATION

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, as amended, development consent 09/DA-302 granted on 21 October 2009 for the construction of a new two storey attached dual occupancy and Torrens title subdivision on Lot 55, DP 7148 and known as 18 Blackshaw Avenue, Mortdale, is amended in the following manner:

A. By amending Condition 2 - OC2.
Plan No
Plan Date
Description
Prepared By
1/12
29 Jul 10
Site PlanCubed Design
2/12
29 Jul 10
Ground Floor PlanCubed Design
3/12
29 Jul 10
First Floor PlanCubed Plan
4/12
29 Jul 10
Roof PlanCubed Design
5/12
29 Jul 10
South Elevation and East ElevationCubed Design
6/12
29 Jul 10
North Elevation and West ElevationCubed Design
7/12
29 Jul 10
Section a-aCubed Design
8/12
29 Jul 10
Proposed Subdivision PlanCubed Design
9/12
29 Jul 10
Soil and Water Management PlanCubed Design
10/12
29 Jul 10
Concept Stormwater PlanCubed Design
1/12
29 Jul 10
Landscape PlanCubed Design
2/2
25 Jul 09
Specification Notes for LandscapingCubed Design
1/1
25 Jul 09
Site Analysis PlanCubed Design
B. By inserting the following condition under ‘To Obtain a Construction Certificate’


FURTHER THAT the matter be referred to the Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy."

* * * * *



DECISION - DAC

THAT the application be approved in accordance with the conditions included in the report.
FURTHER THAT the matter be referred to the Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.
(Moved Councillor S McMahon / Seconded Councillor V Badalati)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 8th December 2010

DAC130-10 PNS - 108-112 BOUNDARY ROAD, MORTDALE - SECTION 82A REVIEW - RETENTION OF EXISTING SHOPS, CONSTRUCTION OF A TWO STOREY DEVELOPMENT CONTAINING COMMERCIAL STORAGE AREA, 8 X 3 BEDROOM AND 1 X 2 BEDROOM DWELLINGS WITH BASEMENT CAR PARKING AREA, AND CONSOLIDATION OF SITE INTO ONE ALLOTMENT


Applicant

NAB Construction and Property Development Pty Ltd

Proposal

Section 82A Review - Retention of existing shops, construction of a two storey development containing commercial storage area, 8 x 3 bedroom and 1 x 2 bedroom dwellings with basement car parking area, and consolidation of site into one allotment (10/DAR-5)

Zoning

Zone 2 - Residential for 108 Boundary Road and Zone 3a - Neighbourhood Business for 108A, 108B, 110A, 112 Boundary Road

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 2.2 Neighbour Notification, Section 3.1 Car Parking, Section 3.3 Access and Mobility, Section 3.4 Crime Prevention Through Environmental Design, Section 3.5 Energy Efficiency, Section 3.7 Drainage and On-site Detention Requirements, Section 3.9 Waste Management, Section 4.3 Multiple Dwellings and Residential Flat Buildings

Hurstville Local Environmental Plan 1994 interpretation of use

Shop and residential flat building

Owner/s

NAB Construction and Property Development Pty Ltd

Existing development

Single storey shops facing Boundary Road and outbuildings to the rear of the site

Cost of development

$2,000,000.00

Reason for referral to Council

Original application determined by Council, non compliances with DCP 1 and submissions received

Report author/s

Team Leader Development Assessment, Ms L Locke

File No

09/DA-466:3

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. This application is a Review of Determination of Council’s refusal of a development application for retention of existing shops, construction of a two storey development containing commercial storage area, 8 x 3 bedroom and 1 x 2 bedroom dwellings with basement car parking area, and consolidation of site into one (1) allotment.

2. The original development application was refused by the Development Assessment Committee on 4 August 2010.

3. The application has been amended to address some of the reasons for refusal of the original development application.

4. Seventeen (17) individual submissions and one (1) petition with thirty nine (39) signatures were received in objection to the proposal and five (5) letters of support were received.


AUTHOR RECOMMENDATION

THAT Council rescind its original determination and approve the application subject to conditions.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks a review of Council’s refusal of development application 09/DA-466 for the retention of existing shops, construction of a two (2) storey development containing commercial storage area, eight (8) x three (3) bedroom and one (1) x two (2) bedroom dwellings with basement car parking area, and consolidation of the site into one (1) allotment (a copy of the report to the Development Assessment Committee on 4 August 2010 is attached to this report).

The review application still proposes a two (2) storey development with commercial storage and basement parking, however the application proposes to amend the development in the following ways:

* Conversion of two (2) units in the rear north eastern corner of the site from two (2) storey townhouse style units to single storey units,
* Reduction in roof height for Units 7-9 located along the northern boundary by 240mm,
* The portion of the site zoned residential accommodates a two (2) storey dwelling fronting Boundary Road and a single storey dwelling to the rear (in lieu of two (2) x two (2) storey dwellings),
* Amendment to the residentially zoned portion of the site so that landscaped open space complies with Development Control Plan No 1,
* Amendments to the roof pitch of Units 1 and 6 (on the residentially zoned land) so that the roof pitches away from the neighbouring property at 106A Boundary Road,
* Redesign of the basement to provide improved accessibility to the visitor car parking spaces,
* Creation of a physical barrier between the rear of the shops and the driveway serving the proposal.


BACKGROUND

On 4 August 2010 the Development Assessment Committee resolved to refuse the original development application for the following reasons:

1. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development is not supported as it does not comply with the requirements of Hurstville Development Control Plan No 1 with regards to roof pitch, landscaped open space, height of the development at the rear of the site, number of storeys at the rear of the site, private open space area, rear boundary setback, and side boundary setback.

2. Pursuant to the provisions of Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, the proposed development is unsatisfactory as it would adversely impact on the amenity of the adjoining residential development in terms of solar access.

3. Having regard to the reasons above, pursuant to the provisions of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, approval of the development application is not in the public interest.


COMPLIANCE AND ASSESSMENT

1. Section 82A of the Environmental Planning and Assessment Act, 1979

Section 82A of the Environmental Planning and Assessment Act allows applicants to request a review of Council’s determination of an application. Subsection 4 states:
Comment: The application has been notified in accordance with Development Control Plan No 1. Several submissions were received, these are discussed further in the report below.

Although the applicant has made several amendments to the proposal (described above), the development has not been materially altered and is considered to be substantially the same development as described in the original application.

2. Environmental Planning Instruments

Nothing in this review application alters the assessment of the proposal under any environmental planning instrument than originally assessed.

3. Development Control Plans

The amended proposal has been assessed against the requirements of Development Control Plan No 1 – LGA Wide and complies with the relevant sections as follows.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

The proposed development meets the requirements of Section 3.1 as follows.

Section 3.1 StandardProposalComplies
Residential: 1 space per 1 or 2 bedroom unit and 2 spaces per 3+ bedroom unit (3 x 4 bedroom units, 5 x 3 bedroom units, 1 x 2 bedroom unit)17 spaces20Yes (1)
1 space per 4 residential units (or part thereof) 3 spaces 3Yes
Shops: 6 spaces per 100sqm where gross leasable floor area is 0-10000sqm (337sqm proposed)21 spaces4No (2)
(1) Residential Parking


Under the requirement of Development Control Plan No 1, no visitor car spaces are required for the proposed development because only two (2) dwellings are located within the residential zone. Despite this, the applicant has provided three (3) visitor spaces in the basement which is supported.

The three (3) extra spaces (over the seventeen (17) required) for the unit use are the disabled user spaces that are located at grade. In effect, this means that three (3) of the units have three (3) car parking spaces (two (2) in the basement, one (1) at grade each).

(2) Car spaces for shops

The new building (floor area) to the site provides on site car parking in accordance with the requirements of Development Control Plan No 1.

No car parking spaces are currently provided on site for the existing shops. The drawings submitted with this review application indicate five (5) spaces, two (2) parallel to the rear of the shops and three (3) in an angled parking arrangement. There is no access to Boundary Road (via the residential access point) from the retail parking. The previous application proposed a through access from Wattle Street to Boundary Road. The applicant has provided turning circles on a plan that indicate that manoeuvrability is possible.

An assessment of the proposed parking arrangement highlighted manoeuvrability issues in that the proposal does not allow adequate room for a vehicle to manoeuvre and exit in a forward direction. This was considered to pose a safety concern and is not supported.

The applicant has since submitted an alternate proposal of which will allow five (5) vehicles, with three (3) parallel to the rear of the shops and two (2) adjacent to residential adaptable parking and shop storage areas. This will allow for a three (3) point turn to be undertaken and allow vehicles to leave the site in a forward to direction to Wattle Street without having to use the residential access to Boundary Road.

Even with the provision for five (5) car spaces for the shops, the existing car parking arrangement for the shops will be improved with the proposed development.

Given the above, it is unreasonable to require twenty one (21) car spaces to be provided on site for the proposed development since no car spaces have been accepted in the past for the existing shops and the shops are not being altered.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.3 ACCESS AND MOBILITY

The proposed development complies with the requirements of Section 3.3 as follows.

Access and Mobility RequirementsStandardProposal
Complies
Adaptable Housing3 adaptable dwellings required to be provided, designed in accordance with the AS 4299. Access to the adaptable dwelling and relevant car spaces to be in accordance with AS 1428.23 adaptable units are provided
Yes
Car parking spacesOne space required for each adaptable dwellingEach adaptable unit has accessible parking space in addition to basement parking
Yes
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN


The proposed development complies with the requirements of Section 3.4 as follows.

CPTEDRequirementProposalComplies
3.4.2.2 - Blind CornersTo be avoidedNo blind corners evidentYes
3.4.2.3 – Communal/ Public AreasProvide opportunities for natural surveillanceOpportunities for surveillance to front and rear of site Yes
3.4.2.4 - EntrancesProvide clear and visible entrancesEntrances are clear and visibleYes
3.4.2.5 - Landscaping- Use low vegetation to allow for natural surveillance
- Avoid vegetation which conceals building entrance from the street
Landscaping proposed is appropriateYes
3.4.2.6 - Lighting- Diffused/movement sensitive lighting provided externally
- Access/egress points illuminated
- No light spill towards neighbours
- Hiding places illuminated
- Lighting is energy efficient
Can be provided by applicantYes
3.4.1.7 - Building Identification- Clearly numbered buildings
- Entrances numbered
- Unit numbers provided at entry
Yes - can be conditions of consentYes
3.4.1.8 -SecurityQuality locks on external windows and doorsCan be provided by applicant Yes
3.4.2.9 – OwnershipOwnership, consistent with or improve Shop front at the street level remains unalteredYes
3.4.2.10 - MaintenanceUse materials that reduce opportunity for vandalismExternal finishes appropriateYes
3.4.2.11 – Mixed use land usesProvide opportunity for mixed land uses to increase opportunities for natural surveillanceMixed land use proposedYes
3.4.2.12 - SpacesSpaces to be clearly defined to express a sense of ownership and reduce illegitimate use/entrySpaces are clearly definedYes
3.4.2.13 – Public Facilities Locate public services in areas of high activityNo public services proposedN/A
6.4.2.14 - ShopfrontAllow for natural surveillance and suitable streetscape appearanceExisting shopfront allows natural surveillanceYes
3.4.2.15 – Building materialsUse building materials which reduce the opportunity for intruder accessBuilding materials appropriateYes
3.4.2.16 – Hours of operationProvide adequate security to buildings with extended hours of operationProposed hours of operation of the shops not effected by the applicationYes
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY


A BASIX Certificate has been provided for the proposed residential component of the development and the proposed development meets the target scores.

The proposed development meets the solar access requirements of Development Control Plan No 1 in that the principle ground level private open space area of adjoining dwellings will receive at least three (3) hours of sunlight between 9am and 3pm on 21 June.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION (OSD) REQUIREMENTS

The applicant has provided a hydraulic plan for the disposal of stormwater from the subject site which includes the provision of an onsite detention system. Council’s Development Engineer has raised no objection to the proposed method of drainage subject to conditions of consent being attached to any consent granted.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.9 WASTE MANAGEMENT

A Waste Management Plan has been submitted with the development application that is consistent with the requirements of Development Control Plan No 1.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

108 Boundary Road is zoned 2 - Residential and as such any development within this property has to comply with the relevant requirements of Development Control Plan No 1. This site will contain one (1) x three (3) bedroom and one (1) x two (2) bedroom dwellings and approximately a third of two (2) x three (3) bedroom dwellings. For the purposes of this assessment the two (2) whole dwellings have been assessed under these requirements. Although a portion of two (2) x three (3) bedroom dwellings is also contained within this site, the majority of the dwellings are within the 3a - Neighbourhood Business zone and as such have been assessed under the requirements that apply to that zone. The compliance of the one (1) x two (2) bedroom (Unit 1) and one (1) x three (3) bedroom (Unit 6) dwellings with the requirements of Section 4.3 is as follows.

Section 4.3: Development Area B Controls
Standard
Proposal
Complies
Solar AccessAdjoining properties must be capable of receiving not less than 3 hours of sunshine upon the open space areas of adjoining dwellings between 9am and 3pm on June 22CompliesYes
Privacy and viewsSite planning must take into account any adverse privacy impacts on neighbouring propertiesMinimal privacy impacts on adjoining developments but some windows can contain translucent glazingYes - Unit 6 has been amended to be single storey, first floor windows face the neighbouring property
RoofsRecommended roof pitch to be between 22 and 35 degrees10 and 30 degrees roof pitch Yes – recommended only
Minimum Street Frontage15m14.02m (but 43.4m combined for consolidated site)Yes (1) – will comply when the site is consolidated
Residential Density (site area/unit)315sqm per dwelling
(2 dwellings proposed) = 630sqm
796sqm (2319sqm for consolidated site)Yes
Landscaped Open Space50% 50%Yes
Front Site Height Maximum9m 8.42 Yes (2)
Rear Site Height Maximum6m 6mYes
Front Site Storeys Maximum2 storeys 8.42 Yes
Rear Site Storeys Maximum1 storey 1 storeyYes (2)
Minimum Private Open Space
1 or 2 bedroom dwelling
3+ bedroom dwelling
50sqm (Unit 1)
60sqm (Unit 6)
52sqm
66sqm
Yes
Yes
Minimum Dimensions of Principal Private Open Space
1 or 2 bedroom dwelling
3+ bedroom dwelling
4m x 5m
4m x 6m
4m x 5m
4m x 6m
Yes
Front Boundary SetbacksMinimum 4.5mLocated at rear of site so not relevantYes
Rear Boundary SetbacksBuilding envelope Complies Yes
Minimum Side Boundary SetbacksBuilding envelopeCompliesYes
Fences at the front boundary- 1m fronting public space

- No principal private open space to be forward of the building line
CompliesYes
TV antennaMaster TV antenna must be provided for any development of more than two dwellingsCan comply with condition Yes (by condition)
Storage6 cubic metres per dwelling ProvidedYes
Drying facilitiesTo be visually screened from the streetCannot be viewed from streetYes
(1) Minimum Street Frontage


108 Boundary Road has a frontage of 14.02m which does not meet the minimum 15m width requirement of Development Control Plan No 1. The application seeks permission to consolidate the lots into one (1) allotment. As such, after consolidation, the subject site will have a frontage of 43.4m to Boundary Road. In this regard it is considered that the existing frontage will be irrelevant when the site is consolidated.

(2) Height and Number of Storeys

Part 4.3.2.3 of Development Control Plan No 1 states that two (2) storey development is permitted at the front of sites only, and development to the rear is limited to single storey. The Development Control Plan further states that the two (2) storey portion of the development is limited to the rear wall of the adjoining dwellings. Taking a line through the rear of the adjoining dwelling on Boundary Road and the dwellings on Wattle Street, this development complies with the intent of the control.

4. Impacts

Natural Environment

The proposed development is unlikely to have an adverse impact on the natural environment. Four (4) trees are proposed to be removed from the subject site, two (2) of which are dead or in poor health. The remaining trees on the site including the street tree on Boundary Road will be retained. New planting is also proposed to the site as per the landscape plan submitted with the application. No objection is raised to the removal of the trees subject to the new planting being installed as per the landscape plan.

Built Environment

Overshadowing

Where guidelines dealing with the hours of sunlight on a window or open space leave open the question what proportion of the window or open space should be in sunlight, and whether the sunlight should be measured at floor, table or a standing person’s eye level, assessment of the adequacy of solar access should be undertaken with the following principles in mind, where relevant:


Comment: The residential portion of the subject site is identified as Development Area B in accordance with Development Control Plan No 1. Development Area B typically allows for townhouse developments of two (2) storeys at the front and single storey for the rear portion of the site.

The development has been amended so that the form of the development is what would be expected for a multi unit development. The overshadowing impact is considered to be no worse than what would normally be expected for this type of development.

Comment: The applicant has provided shadow diagrams depicting the difference between the overshadowing impact from the existing 1.8m high boundary fence and the proposed building. The shadow diagrams indicate that the shadow impact from the development is more severe than currently exists (due to the site being largely vacant), however the amount retained, over 60% at 3pm on 21 June is considered acceptable.

Comment: The design of the proposal in terms of height, setbacks and roof form is considered to be satisfactory and respectful of adjoining development.

Comment: The shadow diagrams indicate that there is no additional shadowing impact from the proposal on the windows of the adjoining property than what current exists from the boundary existing fence.

Comment: The adjoining dwelling has a large rear yard, notwithstanding this, at the worst affected time of the day, that is at 3pm, over 60% of the yard is unaffected by shadowing.

Comment: Even if the adjoining site was to be redeveloped to a more intense form of residential development, the overshadowing impact from the subject site would comply with Council’s controls.

Privacy

The proposal has been designed to minimise the privacy impacts on adjoining dwellings. There are only eight (8) windows on the first floor that are oriented towards adjoining residential development. These windows are well separated from adjoining dwellings and only service bathrooms.

The private courtyards of dwellings 1-5 on the southern side of the common walkway are screened by courtyard fencing to ensure privacy within the development.

Bulk and Scale

Although the proposal represents an increase in built form to that of which exists (which is largely a vacant lot to the rear of the commercial zone), the bulk and scale of the development is considered to be unobtrusive and a less impact than a commercial development to the allowable floor space ratio of 1.5:1 would have.

Social Impact

There is no adverse social impact from this development.

Economic Impact

There is no economic impact occurring from this development, except for the benefit of providing extra storage for the existing shops fronting Boundary Road.

Suitability of the Site

There are no environmental constraints that render this site unsuitable for the development.


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. The proposal was also advertised in the St George and Sutherland Shire Leader. Seventeen (17) individual submissions and one (1) petition with thirty nine (39) signatures were received in objection to the proposal and five (5) letters of support were received. The issues are summarised as follows.

Overshadowing

The proposal has an unacceptable overshadowing impact on the adjoining property at 106A Boundary Road.

Comment: A full assessment of the overshadowing impact has been undertaken in a previous section of this report.

Excessive Bulk and Scale

The proposal is excessive in bulk and scale and will be out of character for the area. The submissions identify a number of other developments nearby that have a lower density and suggest a single storey development

Comment: The two (2) storey nature of the development is not considered to be out of character for the area. Due to the unique dimensions of the site, the development is unlikely to be easily viewable from any public place, with the exception of the front of the site at Boundary Road.

The submitters make mention of a number of other multi unit developments in the Mortdale area that have a lower density than the subject site. It is acknowledged that the density on this site is higher than other developments, however, a different suite of planning controls apply on this site than other developments which are located in the residential zone.

The proposal complies with the maximum floor space ratio permitted under the Local Environmental Plan.

Setbacks

The development is too close to the boundaries of adjoining properties, the setbacks are inappropriate.

Comment: The setbacks for the portion of the site zoned residential comply with the requirements of Development Control Plan No 1. Development Control Plan No 1 does not specify setback requirements for commercial development, or residential development on commercially zoned land.

The proposal has a 3m setback to the northern boundary. This setback is considered appropriate as there are no windows in the upper floors of the development facing the properties to the north, and as the setback is to the north, no overshadowing impact occurs to the adjoining properties.

The proposal has a varying setback of 2.327m (for the single storey portion) to 4.5m to the eastern boundary. This setback is not considered inappropriate due to the existence of a 3m wide access handle immediately adjoining the site which gives a greater separation to the adjoining buildings.

Privacy

The development will have a privacy impact.

Comment: Three (3) out of nine (9) of the units have windows on the first floor that overlook the adjoining properties to the north east. It is considered that the proposal will have a negligible impact on privacy as the windows on the first floor are all bedrooms, and the separation between the development and the adjoining dwellings is a minimum of 6-7 metres, taking into consideration the setback of the proposed building and the access handle driveway to the adjacent properties.

Traffic impact

The traffic impact of the development is unacceptable, especially given the entry/exit onto Boundary Road.

Comment: The proposal has been amended from the previous scheme so that the access onto Boundary Road is only to be used for the residential component of the development. Due to the nature of the development and the number of units, it is considered that the traffic impact will not adversely impact on Boundary Road.

Landscaping

The proposal provides improved landscaping.

Comment: The landscaped area fronting Boundary Road is considered to provide good amenity.

Design

The proposal enhances the area and is of good urban design.

Comment: No explanation of this was provided by the submitter to explain how the proposal enhances the area. The design of the development is considered appropriate for the site.

Additional housing

The proposal provides additional housing to meet demands.

Comment: Whilst it is agreed that nine (9) additional dwellings are proposed, this application has been assessed on its merits and the provision of additional housing is not relevant to the assessment of this application.

The proposal provides employment

Comment: The proposal does not provide any additional employment on the site.

Council Referrals

No further Council officer referrals were required for this application. The referrals for the original development application are still relevant.


6. CONCLUSION

The proposal has been amended to overcome several of the non compliances that resulted in the refusal of the original development application. The non compliances that remain are considered minor as they provide little amenity impact for any adjoining property.

It is considered that the applicant has addressed the previous reasons for refusal, and therefore the application is submitted to Council for review in accordance with Section 82A of the Environmental Planning and Assessment Act.


RECOMMENDATION

Pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, as amended, the determination of development consent 09/DA-466 refused on 9 August 2010 for the retention of existing shops, construction of a two storey development containing commercial storage area, 8 x 3 bedroom and 1 x 2 bedroom dwellings with basement car parking area, consolidation of site into one allotment on Lot A DP 401862, Lots 1, 2, 3, 4 DP 533525 and Lot 5 DP 203749 and known as 108, 108A, 108B, 110, 110A and 112 Boundary Road, Mortdale, the application is submitted for review and determination. It is recommended that Council rescind the previous decision and this subject application be approved subject to the following conditions:1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. Subdivision - No approval is expressed or implied to the subdivision of the subject land or dwellings. For any future Strata subdivision, a separate development application is required to be submitted and approved by Council.5. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.6. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.

Erection of Signs

(1) A sign must be erected in a prominent position on any work site on which building work, subdivision work or demolition is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work
(b) showing the name of the principal contractor (if any) for any building work and a telephone number at which that person may be contacted outside working hours
(c) stating that unauthorised entry to the work site is prohibited

7. MI130.1 - Slip Resistance - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/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/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials.

Note: SAA/SNZ Handbook 197:1999 - An Introduction Guide to the Slip Resistance of Pedestrian Surface Materials may assist in the use of AS/NZS 4586:2004.

8. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
9. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

10. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.11. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:
12. S942 - Open Space and Community Recreation - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for open space and community recreation facilities.

The contribution relates to Plan no. 2 and is based on the criteria that any development which results in a nett increase in the City's population will create extra 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 open space and community recreation facilities contribution required and payable before release of the Construction Certificate is $56,235.00

13. S943 - Drainage Services within Georges River Catchments - Pursuant to Section 94 (1) of the Environmental Planning and Assessment Act, 1979 payment shall be made to Council of a monetary contribution for the provision of drainage services. The contribution is related to Plan no. 3 and 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 drainage services.

The contribution rate for Georges River Catchments is $2.76 per square metre of gross land area of the subject site.

The total drainage services contribution required and payable before release of the Construction Certificate is $6,856.96

14. S944 - Community Services and Facilities - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for community services and facilities. The contribution relates to Plan no. 4 and 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 community services and facilities contribution required and payable before release of the Construction Certificate is $33,735.00

15. S945 - Management - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for Section 94 planning and management.

The contribution is related to Plan no. 5 and 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 and payable before release of the Construction Certificate is $2,487.04

16. S946 - Library and Information Services - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for library and information services.

The contribution is related to Plan no. 6 and 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 book stock.

Contributions are also sought from retail/commercial development within the Hurstville Town Centre, as defined by the map in the Plan.

(b) The book stock acquisition contribution for residential development is $9.42 per 2 bedroom unit and $13.19 per 3+ bedroom unit = $97.23

The total Library and Information Services Section 94 contribution required and payable before release of the Construction Certificate is $17,273.23

17. S948 - Indexing of all Section 94 Contributions - All contributions payable pursuant to Section 94 conditions must be paid before issue of the Construction Certificate, and will be indexed quarterly in accordance with the Consumer Price Index - Sydney All Groups, published by the Australian Bureau of Statistics. If you seek to obtain a Construction Certificate more than three (3) months from the date of this consent you must contact Council to determine the variation in the contribution(s) before payment. If you engage an accredited certifier payment(s) must be made before issue of the Construction Certificate. Failure to do so can result in problems including incorrect cheque preparation, return of payment, and delay in obtaining your Construction Certificate.

18. SM3 - Construction Management Plan - Submit to the Principal Certifying Authority a Construction Management Plan that clearly sets out the following:

(a) What actions and works that are proposed to ensure safe access to and from the site, and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like.

(b) The proposed method of loading and unloading excavation machines, building materials, formwork, and the erection of any part of the structure within the site.

(c) The proposed areas within the site to be used for a builder's site office and amenities, the storage of excavated material, construction materials and waste containers during the construction period.

(d) How it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways.

(e) The proposed method of support to any excavation adjacent to adjoining properties, or the road reserve - the proposed method of support is to be designed by a Chartered Civil Engineer with National Professional Engineering Registration 3 (NPER3) in structural design.

(f) A Soil and Water Management Plan detailing all sedimentation controls.

19. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design:

(a) piers
(b) footings
(c) slabs
(d) columns
(e) structural steel
(f) reinforced building elements
(g) retaining walls
(h) stabilizing works

20. IN3 - Fire Safety Measures - 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.

21. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.

22. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

23. PN10 - The site is not to be filled or excavated other than as strictly indicated on the approved plans.

24. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

25. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.

26. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.27. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builders site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.

28. DR12 - On-Site Detention - An on-site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, shall be installed. The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

(a) For events up to a 1% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987). Maximum peak site discharge resulting from the development shall not be greater than peak site discharge, where the lots were previously occupied by a single dwelling, garage, lawn and garden.

(b) Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

(c) The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm. A durable metal plate or similar sign is to be placed at the OSD facility and must bear the words:

Full details shall accompany the application for the Construction Certificate.29. PU1.1 - Sydney Water - Access to Water and Waste Water Services - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

Following application a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

The Notice of requirements must be submitted with the application for a Construction Certificate.

30. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

Please refer to the web site www.sydneywater.com.au for:

or telephone 13 20 92.31. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicle crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.

32. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

33. PU4 – Energy Australia - Substations/Kiosks Energy Australia shall be consulted to determine if an electricity distribution substation is required. If so, it will be necessary for the final film survey plan to be endorsed with an area, having the required dimensions as agreed with Energy Australia, indicating the location of the proposed electricity distribution substation site. The substation must be located within the boundary of the development site, or within the building, subject to compliance with the BCA. The substation site to be dedicated to Council as public roadway, or as otherwise agreed with Energy Australia. For details visit www.energy.com.au or call 131525:

34. PU5 – Energy Australia - Underground Electrical Conduits – Energy Australia is to be consulted to determine if underground electricity conduits are to be installed in the footway. If so, the developer is to install the conduits within the footway across the frontage/s of the development site, to Energy Australia's specifications. Energy Australia will supply the conduits at no charge. The developer is responsible for compaction of the trench and restoration of the footway in accordance with Council direction. . For details visit www.energy.com.au or call 131525. Where works within the road reserve are to be carried out by the developer, a Road Opening Permit Application must be submitted to, and approved by, Council before the commencement of work.

35. PU10 - For all commercial/industrial and medium high density residential developments elsewhere in the City, the developer shall be responsible for :

(a) providing conduits for the future undergrounding of low voltage cables ; and
(b) providing the connection to future underground supply to the development.

36. PU11 - Water, Waste Water, Electricity, Gas and Telecommunications - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.

37. PU12 -Telecommunications Aerial Cables - Where the under grounding of low voltage electricity cables is required, the developer shall be responsible for arranging and payment of the cost of the under grounding of all telecommunications aerial cables, where the electricity poles are to be removed.

38. WA9 - Arrangements must be made for the collection, storage and disposal of all waste materials in an approved container, to the satisfaction of the Principal Certifying Authority.

39. TRG3 - Landscape Plan

A detailed landscape plan will be submitted with the Construction Certificate Application. This plan will illustrate in concept form the proposed landscape design principles. The plan will demonstrate an understanding of the site and its context. Draw the plan to a standard scale such as 1:100 or 1:200, and show the following details:

· north point (true solar north)
· scale (show ratio and bar scale)
· date, plan number, amendment number
· finished surface levels, embankments and grades (indicate extent of cut and fill)
· existing trees to be retained or removed
· proposed planting schedule (indicate species, location, massing and mature height - native plants are generally required)
· proposed surface treatments and restoration (eg turf, paving, bank stabilisation, mounds, etc)
· proposed fences and retaining walls (indicate height and material)
· erosion and sediment control measures
· maintenance program
40. IN3 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until;

(a) a construction certificate for the building work has been issued by:

(i) the consent authority; or
(ii) an accredited certifier; and
(i) notified Council of his or her appointment;
(ii) notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are required to be carried out in respect of the building work; and

(d) the person having the benefit of the development consent has:

(i) appointed a principal contractor for the building work who must be the holder of a contractor licence for the residential building work involved;
(ii) notified the principal certifying authority of any such appointment, and
(iii) unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work; and

(e) the person having the benefit of the development consent has given at least 2 days notice to the Council of the person's intention to commence the erection of the building.

41. BC1 - Construction Certificate - No work shall commence until you:


42. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council: Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.43. MI128 - Notice of Excavation - The developer must notify the owners of the adjoining properties, by way of Certified Mail, of the proposed excavation of the subject land at least fourteen (14) days prior to the excavation of the site. Copies of the letters notifying the adjoining owners must be submitted to the Principal Certifying Authority before the commencement of work.

44. MI129 - Dilapidation Report - A Dilapidation Report on the adjoining properties detailing the existing condition of any existing walls, paths and fences, with photographs must be submitted to the Principal Certifying Authority before the commencement of work.

45. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.46. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.47. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 48. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:
49. PU6 – Energy Australia - Clearances to Electricity Mains - If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, Energy Australia is to be consulted to determine if satisfactory clearances to any existing overhead High Voltage mains will be affected. If so, arrangements are to be made, at your cost, with Energy Australia for any necessary modification to the electrical network in question. For details visit www.energy.com.au or call 131525.
50. IN3 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the principal certifying authority and the undermentioned inspections: (b) All inspections necessary to determine that the appropriate conditions attached to this consent have been complied with, and
(c) All inspections necessary to determine that the requirements of the Building Code of Australia are being met.51. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:
(a) Setout before commencing excavation.
(b) Floor slabs or foundation wall, before formwork or commencing brickwork.
(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.
(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.
(e) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.
(f) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

52. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday.

A Penalty Infringement Notice may be issued for failure to comply with this condition.

53. MI130.2 - Slip Resistance - 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 wet rooms in any commercial/retail/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/NZS 4586:2004 must be submitted to either Council or accredited certifier before installation of such materials.

54. BC5 - Bulk Excavation or Filling Levels - The bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.55. Prior to the disposal of any excavated soil from the site, the soil must be classified in accordance with the Department of Environment, Climate Change and Water (2008) Waste Classification guidelines and the recommendations of the Environmental Site Assessment Report prepared by Environmental Investigations, Report No. E1096.2 AC, dated 23 November 2009.

56. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

57. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.

58. MI7 - The shop number, at least 50mm high, must be clearly displayed adjacent to the entry door to each shop/unit.

59. MI25 - Balcony Drainage - The floors of the balconies must be graded and drained to a grated inlet and connected to the stormwater drainage system.

60. WA3 - No provision is required for green waste collection facilities for the residential flat portion of the building.(b) Domestic recycling: 1 x 240 litre MGB for each 5 units (or part thereof).

The Waste Storage Area must house the number of MGBs as indicated above. Access to the Waste Storage Area is to be unimpeded, such that there is no fence, gate or door that will prevent unrestricted access the Waste Storage Area.

The Waste Storage Area is to be located level with all adjacent pathways and the rear of the Waste Storage Area is to be no more than fifteen (15) metres from the front boundary.

All pathways and access areas to the Waste Storage Area are to be a minimum of 1.5 metres in width.

In order to make provision for the commercial portion of the building, the appropriate waste and recycling containers and facilities for all specific end use businesses applies in accordance with the following waste generation rates:
(a) Retail Trading shops: to 100 square metres - 0.1-0.2 cubic metres per 100 square metres of floor area per day;
(b) Restaurants 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,


The waste storage area shown in the waste management plan must house all waste and recycling containers, be appropriate for the number of units/intended uses of the building, and be located where it can be serviced by waste collection vehicles.

61. PV4 - All access driveways, queuing areas, ramps, gradients and the like for parking areas must be constructed in accordance with the provisions of Council's Development Control Plan, except where otherwise approved by Council.

62. RR8 - Any existing vehicular crossing and/or layback which is redundant must be removed, and the kerb, any other footpath and turf is to be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out either by Council, after payment of a quotation, or by a private contractor, subject to Council approval.

63. RR9 - Any utilities/services/drains/power poles that require relocating or altering as a result of construction of the vehicular crossing to Council’s issued levels and/or Council’s standard shape, is to be done in accordance with the requirements of the relevant service/utility and at the expense of the beneficiary of this consent.

64. MI21 - All enclosed and unrestricted car parking spaces, internal driveways and the like, shall be designed to conform with Council's Development Control Plan. Regard shall be given to the crossfall, in longitudinal profile, of the footpath in the design of footpaths.

65. MI21.1 - Internal Driveways - Internal driveways, entered from the footpath, shall be designed to conform with Council's Development Control Plan. Regard shall be given to crossfall, in longitudinal profile, of the footpath in the design of footpaths

66. PV1 - Linemarking and Numbering - All car parking spaces are to be sealed, graded, drained, clearly linemarked, and numbered.

67. PN4 - Offensive Noise Generally - The use of the premises, building services, equipment, machinery and ancillary fittings must not give rise to offensive noise as defined under the Dictionary of the Protection of the Environment Operations Act 1997.

68. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.

69. LA3 - Retaining Edge - A retaining edge of masonry or other approved barrier of a minimum height of 150 mm must be erected around the landscaped areas to contain the soil and mulch material and to prevent the encroachment of motor vehicles.70. LA5 - Wheel Stops - The developer must install wheel stops to all parking spaces fronting landscape beds.71. LA6 - Common Taps - The developer must provide a common tap/taps or an irrigation system to enable all landscape works to be adequately watered.72. LA7 - Protection of Tree Roots - Underground services shall be routed to avoid existing tree root zones. Where trenching for services is unavoidable, any roots larger than 25mm in diameter shall be conserved and services placed below the roots.73. LA8 - Protection of Tree Roots – During construction, protective fencing shall be provided around the existing trees and/or bushland to be retained. 74. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.75. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.

76. DE5 - The footpath and roadway shall be kept clear of obstructions, building materials, and liquid or solid waste of any type whatsoever at all times. Severe fines apply for an offence and where Council makes repairs or provides temporary public safety measures. The cost of these works may be deducted from the damage deposit.

77. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

78. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.79. Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building.

Prior to the issue of the occupation certificate the principal certifying authority for the building work to be carried out on the site must be satisfied that:

(a) any preconditions required by the development consent to be met have been met; and such building work has been inspected by that principal certifying authority, or, in the case of all inspections other than the last critical stage inspection, by another certifying authority, on such occasions as are prescribed in the Environmental Planning and Assessment Regulation, 2000, and on such other occasions as may be required by the principal certifying authority and the conditions required by this development consent.80. IN3 - Fire Safety Certificate Before Occupation or Use - Prior to the issue of an occupation certificate the owner of the building must issue a fire safety certificate and must cause a copy of that fire safety certificate to be given to the principle certifying authority issuing the occupation certificate. The fire safety certificate must be issued to the effect that each essential fire safety measure specified in the fire safety schedule for the building to which the certificate relates:
Note: The owner of the building:
81. MI130.3 - Slip Resistance - 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 wet rooms in any commercial/retail/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 Compliance 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 4586:2004 before occupation.82. PU1.2 - Sydney Water - Access to Water and Waste Water Services - The Section 73 Certificate must be submitted to the Principal Certifying Authority before occupation of the development/release of the plan of subdivision.

83. PU3 - Sydney Water - Trade Waste Water - Trade waste water must be disposed of in accordance with the requirements of Sydney Water. For more details visit www.sydneywater.com.au or call 13 20 92. A copy of the trade waste water agreement must be provided to the Principal Certifying Authority before the issue of the Occupation Certificate.84. BAI - BASIX - All energy efficiency measures as detailed in the BASIX Certificate number 284101M_02 dated 24 September 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.85. MI27 - Driveway Construction - A vehicular crossing shall be provided in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out by Council (after payment of a quotation), or by a private contractor (subject to Council approval).

The work must be completed before the issue of an Occupation Certificate.

86. LA1 - Completion to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be completed before the issue of the occupation certificate.

87. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.

88. The site shall be consolidated into one (1) allotment. The final plan of consolidation is to be registered with NSW Land and Property Information prior to the release of the Occupation Certificate.89. MI130.4 - Slip Resistance - The pedestrian surface materials in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/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 4663:2004 - Slip Resistance Measurement of Existing Pedestrian Surfaces.

90. Drainage Maintenance - The on-site detention drainage facility shall be maintained at all times in accordance with the approved plans.

91. PV6 - Residential Parking Requirements for 4 or More Units – Twenty two (22) resident parking spaces and 3 visitor spaces shall be provided in accordance with the approved plans. The visitor spaces are to be clearly signposted with durable metal or similar signs. The visitor car spaces shall be shown as common property in any strata plan.

92. Access to Visitors' Parking - visitor parking spaces are to be clearly signposted, with durable metal or similar signs, and accessible at all times. Any security gates or doors must be located to permit sufficient manoeuvring area for visitor vehicles to enter and leave the property in a forward direction.

93. PV8 - Parking Space Number/Availability, Retail / Commercial / Office Uses - Four (4) parking spaces are to be provided and these spaces must be unobstructed and available at all times for the parking of visitors/customers/ employees/service vehicles.

94. PV9 - General Signage - The owner of the property must maintain the car park, including all signs, line marking, and bay numbering, in accordance with AS 2890.1-1993 Australian Standard Parking facilities Part l: Off-street car parking.

95. PV10 - Car Park Direction Signage - The direction of every entry/exit point and circulation route must be clearly marked in durable paint and/or durable metal or similar signposting.

96. PVI2 - Use of Car Parking Spaces – The car parking spaces shall be linemarked and used only for the parking of vehicles and not used for the storage of any materials or waste matter.

97. PV14 - Prohibited Parking - Staff, company and visitors' vehicles must only be parked in the spaces provided on the subject premises and not on adjacent footpath or landscaped areas.

98. PV15 - Disabled Parking - The parking space(s) for disabled persons must be sized/marked/signposted in compliance with Australian Standard 2890.1-1993.

99. PV16 - Obstruction of Parking and Manoeuvring Areas - Goods and/or waste or extraneous material must not be stored in the vehicular manoeuvring and parking areas. Those areas must be kept clear at all times for the manoeuvring of vehicles.

100. PV18 - Vehicles must Enter and Exit in Forward Direction - With the exception of garbage and recycling collection vehicles, all other vehicles must be driven in a forward direction entering or exiting the property. Adequate space must be provided and maintained on the land to permit all vehicles to turn. A durable metal or similar sign at the entrance of the site indicating that "All vehicles are to enter and exit the site in a forward manner".

101. PV19 - Loading or Unloading - The loading and/or unloading of all goods and materials used in conjunction with the development must take place within the property.

102. LA2 - Maintenance to Approved Landscape Plan - All landscape works in accordance with the landscape plan shall be maintained.103. LA4 - Parking on Landscaped Areas - No vehicles, goods, materials or extraneous matter may be parked, deposited, or stored on any of the landscaped areas.

104. WA8 - The premises must be maintained in a clean and tidy state at all times.

105. ZC3 - No goods for sale or display are to be placed outside the front facade of the building unless approved by Council.
106. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

107. If you are not satisfied with this determination, you may:
108. AD1 - Dial Before you Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of:
For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

109. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

110. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.

111. AD4 - WorkCover Authority - For premises which are/will be workplaces a copy of the approved plan to the WorkCover Authority shall be submitted to ensure that the proposal complies with WorkCover requirements. Where factory registration is required by WorkCover, a separate application to Council may be required for a statement of compliance with the egress provisions of the Building Code of Australia. If so it is best to do so as soon as possible. For more details visit www.workcover.nsw.gov.au or call 131050.112. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.

113. AD6 - Access for Persons with a Disability - In addition to Council's Development Control Plan and the Building Code of Australia, the Commonwealth Disability Discrimination Act 1992 may impose greater obligations on providing access/facilities for disabled persons. For more details visit the Human Rights and Equal Opportunity Commission website www.hreoc.gov.au or call 9284 9600.114. AD7 -Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.115. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.

116. AD9 - Construction Zone - You may apply for a construction zone on the roadway adjacent to the site for the duration of the construction work, by way of written application and payment of fees detailed in our Schedule of Fees and Charges.

117. AD10 – Energy Australia - The minimum safe distance from overhead power lines shall be maintained in accordance with the requirements of Energy Australia. For details visit www.energy.com.au.118. AD11 - Other approvals required - Where it is proposed to:

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

119. AD13 - A separate application must be lodged and approved under Section 68 of the Local Government Act 1993 for the erection of any A-Frames or signage boards proposed to be erected on Council's footway.

120. If you need more information, please contact Manager - Development Assessment Ms T Christy on 9330-6253 during normal office hours.


For the information of Councillors, please find the previous report following.

"DESCRIPTION OF THE PROPOSAL

The application seeks permission to retain the existing shops which face Boundary Road, construct a two (2) storey building at the rear of the site which contains commercial storage area, eight (8) x three (3) bedroom and one (1) x two (2) bedroom dwellings with basement car parking, and consolidation of the site into one (1) allotment. In particular the proposed development will contain the following:

Basement level

* Eight (8) double garages and one (1) single garage with associated storage areas which will be allocated to the proposed dwellings
* Four (4) storage areas (65.5sqm) allocated to the shops
* Residential garbage room
* Two (2) visitor car spaces

Ground Floor

* Retention of five (5) existing shops which face Boundary Road
* Introduction of five (5) open car spaces for use by the shops
* Provision of three (3) disability accessible car spaces
* The ground floor of the proposed nine (9) dwellings. The ground floor of each of the units contains kitchen, dining, living room, and laundry/wc. Each dwelling has a private courtyard which is accessed off the living room or dining room. Three (3) of the dwellings can be adaptable units. These include a bedroom on the ground floor.

First Floor

* The first floor of the dwellings. Eight (8) of the dwellings have three (3) bedrooms, with ensuite to the main bedroom and a bathroom. Unit 1 will contain two (2) bedrooms and a bathroom.


BACKGROUND

The development application was lodged on the 26 November 2009. The application was notified/advertised in accordance with Council’s requirements and sixteen (16) submissions were received to the application. In response to the issues raised by the residents and that of the Development Assessment Officer, the applicant submitted amended plans on the 19 April, 22 July and 26 July 2010. The amendments made to the proposal included the deletion of commercial floor area, the lowering of the building from a three (3) storey building to a two (2) storey building, the deletion of one (1) dwelling from the proposal and the relocation of open car spaces and waste facilities. The amended plans are assessed in this report.


DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the northern side of Boundary Road and the north east corner of Wattle Street, Mortdale. The site comprises six (6) lots known as 108, 108A, 108B, 110, 110A and 112 Boundary Road, Mortdale. 108 Boundary Road is zoned 2 - Residential and contains a single storey dwelling with detached outbuildings. This lot has a frontage to Boundary Road of 14.02m and a site area of approximately 779sqm.

The remaining five (5) lots are zoned 3a - Neighbourhood Business and contain a single storey shop each which are attached to each other. At the rear of these sites are outbuildings which were used as a plant nursery. These lots have a combined frontage of 29.38m and a total site area of 1540sqm.

The subject site has a total frontage to Boundary Road of 43.4m and a total site area of 2319sqm. A right of way of variable width affects the subject site which allows vehicular access to the rear of the shops from Wattle Street. The Wattle Street access is 3.66m wide.

Adjoining the site to the east on Boundary Road is a single storey dwelling with detached outbuildings, adjoining the site to the west on Boundary Road are three (3) shops which are attached to the shops of the subject site to form a string of eight (8) shops up to the corner of Wattle Street. Adjoining the site on the western boundary are the rear boundaries of dwellings that face Wattle Street. To the rear of the site are residential dwellings. On the opposite side of Boundary Road are industrial developments.

The area surrounding the subject site is characterised by residential developments immediately surrounding the subject site and industrial developments on Boundary Road.


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 contains six (6) lots known as 108, 108A, 108B, 110, 110A and 112 Boundary Road. 108 Boundary Road is zoned 2 - Residential and the remaining sites are zoned 3a - Neighbourhood Business. The proposed development is permissible in the 3a - Neighbourhood Business zone. The site at 108 Boundary Road will contain two (2) proposed dwellings, the vehicular entry to the site and the basement level, residential garbage area, electrical room, part of the ground floor landscaping and disability accessible car spaces. The applicant sought legal advice regarding the use of the driveway (which is predominantly within the residential zone) for vehicular access to the commercial component of the site. The legal advice received concludes that the use of the site as proposed (which includes use of the driveway) is permissible.

The applicant also sought legal advice regarding the proposed consolidation of the site as it would result in a site which has two (2) zones, 2 - Residential and 3a - Neighbourhood Business. The legal advice concluded that the consolidation of the site was possible and would not affect the zone of the site as it would remain as is.

Clause 13 - Floor space ratios

108A, 108B, 110, 110A and 112 Boundary Road, Mortdale are zoned 3a - Neighbourhood Business and as such, that part of the development which is within the 3a - Neighbourhood Business zone has been assessed against the floor space ratio requirements of the Local Environmental Plan as follows.

Floor space ratioMaximum required ProposedComplies
For whole development1.5:10.75:1Yes
Non residential component1:10.25:1Yes
Residential component0.5:10.5:1Yes
Clause 13A – Size of display or sales area in shops on land with zone 3a


The maximum display or sales area for shops on land within zone 3a is 400sqm. The existing shops (including the additional floor area proposed for the storerooms) will have a floor area of approximately 382.5sqm which is below the maximum permitted.

Clause 14 - Tree preservation orders

Four (4) trees are proposed to be removed from the subject site, two (2) of which are dead or in poor health. The remaining trees on the site including the street tree on Boundary Road will be retained. New planting is also proposed to the site as per the landscape plan submitted with the application. No objection is raised to the removal of the trees subject to the new planting being installed as per the landscape plan.

Clause 15 - Services

The proposed development will have appropriate facilities for the supply of water and for the removal or disposal of sewage and drainage. Council’s Development Engineer has raised no objection to the development subject to appropriate conditions of consent being attached to the recommendation, should consent be granted.

Clause 15A - Height restrictions for land within zones 3a and 3c

The maximum number of storeys is two (2) for development within zones 3a. The proposed development is a maximum two (2) storeys which complies with this requirement.

Clause 22 - Excavation, filling of land

The subject site will be excavated to provide the proposed basement level. The excavation to the site is unlikely to adversely impact the amenity of the surrounding developments in terms of disrupting the existing drainage patterns and soil stability.

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.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The applicant has submitted an Environmental Site Assessment prepared by Environmental Investigations (Report No E1096.2AC, dated 23 November 2009) which assesses contamination of the subject site. The report concludes that there is no apparent contamination of the site and the proposed development is appropriate for the subject site. Accordingly, no objection is raised to the proposed development in terms of contamination.

2. Draft Environmental Planning Instruments

There are no draft Environmental Planning Instruments that affect this application.

3. Development Control Plans

The proposed development has been assessed against the requirements of Development Control Plan No 1 – LGA Wide and complies with the relevant sections as follows.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

The proposed development meets the requirements of Section 3.1 as follows.

Section 3.1 StandardProposalComplies
Residential: 1 space per 1 or 2 bedroom unit and 2 spaces per 3+ bedroom unit (1 x 2 bedroom and 8 x 3 bedroom dwellings proposed)17 spaces22 spaces (including 3 disability accessible car spaces and 2 visitor spaces)Yes
Shops: 6 spaces per 100sqm where gross leasable floor area is 0-10000sqm (337sqm proposed)21 spaces5 spacesNo (1)
(1) Car spaces for shops


The new building (floor area) to the site provides on site car parking in accordance with the requirements of Development Control Plan No 1.

No car parking spaces are currently provided on site for the existing shops. Council’s records indicate that no onsite car spaces were required for the existing shops. The proposed development will provide five (5) car spaces for the shops, one (1) for each shop which includes the proposed storage area. As such the existing car parking arrangement for the shops will be improved with the proposed development.

Given the above, it is unreasonable to require twenty one (21) car spaces to be provided on site for the proposed development since no car spaces have been accepted in the past for the existing shops.

Visitor Parking

Under the requirement of Development Control Plan No 1 no visitor car spaces are required for the proposed development because only two (2) dwellings are located within the residential zone. The applicant has provided two (2) visitor spaces in the basement.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.3 ACCESS AND MOBILITY

The proposed development complies with the requirements of Section 3.3 as follows.

Access and Mobility RequirementsStandardProposal
Complies
Adaptable Housing3 adaptable dwellings required to be provided, designed in accordance with the AS 4299. Access to the adaptable dwelling and relevant car spaces to be in accordance with AS 1428.23 adaptable dwellings provided with appropriate access to the dwelling and the relevant car spaces
Yes
Car parking spacesOne space required for each adaptable dwellingOne car space is provided for each adaptable dwelling
Yes
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN


The proposed development complies with the requirements of Section 3.4 as follows.

CPTEDRequirementProposalComplies
3.4.2.2 - Blind CornersTo be avoidedNo blind corners evidentYes
3.4.2.3 – Communal/ Public AreasProvide opportunities for natural surveillanceOpportunities for surveillance to front and rear of site Yes
3.4.2.4 - EntrancesProvide clear and visible entrancesEntrances are clear and visibleYes
3.4.2.5 - Landscaping- Use low vegetation to allow for natural surveillance
- Avoid vegetation which conceals building entrance from the street
Landscaping proposed is appropriateYes
3.4.2.6 - Lighting- Diffused/movement sensitive lighting provided externally
- Access/egress points illuminated
- No light spill towards neighbours
- Hiding places illuminated
- Lighting is energy efficient
Can be provided by applicantYes
3.4.1.7 - Building Identification- Clearly numbered buildings
- Entrances numbered
- Unit numbers provided at entry
Yes - can be conditions of consentYes
3.4.1.8 -SecurityQuality locks on external windows and doorsCan be provided by applicant Yes
3.4.2.9 – OwnershipOwnership, consistent with or improve Shop front at the street level remains unalteredYes
3.4.2.10 - MaintenanceUse materials that reduce opportunity for vandalismExternal finishes appropriateYes
3.4.2.11 – Mixed use land usesProvide opportunity for mixed land uses to increase opportunities for natural surveillanceMixed land use proposedYes
3.4.2.12 - SpacesSpaces to be clearly defined to express a sense of ownership and reduce illegitimate use/entrySpaces are clearly definedYes
3.4.2.13 – Public Facilities Locate public services in areas of high activityNo public services proposedN/A
6.4.2.14 - ShopfrontAllow for natural surveillance and suitable streetscape appearanceExisting shopfront allows natural surveillanceYes
3.4.2.15 – Building materialsUse building materials which reduce the opportunity for intruder accessBuilding materials appropriateYes
3.4.2.16 – Hours of operationProvide adequate security to buildings with extended hours of operationProposed hours of operation of the shops not effected by the applicationYes
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY


A BASIX Certificate has been provided for the proposed residential component of the development and the proposed development meets the target scores.

The proposed development meets the solar access requirements of Development Control Plan No 1 in that the principle ground level private open space area of adjoining dwellings will receive at least three (3) hours of sunlight between 9am and 3pm on 21 June.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION (OSD) REQUIREMENTS

The applicant has provided a hydraulic plan for the disposal of stormwater from the subject site which includes the provision of an onsite detention system. Council’s Development Engineer has raised no objection to the proposed method of drainage subject to conditions of consent being attached to any consent granted.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.9 WASTE MANAGEMENT

A Waste Management Plan has been submitted with the development application that is consistent with the requirements of Development Control Plan No 1.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

108 Boundary Road is zoned 2 - Residential and as such any development within this property has to comply with the relevant requirements of Development Control Plan No 1. This site will contain one (1) x three (3) bedroom and one (1) x two (2) bedroom dwellings and approximately a third of two (2) x three (3) bedroom dwellings. For the purposes of this assessment the two (2) whole dwellings have been assessed under these requirements. Although a portion of two (2) x three (3) bedroom dwellings is also contained within this site, the majority of the dwellings are within the 3a - Neighbourhood Business zone and as such have been assessed under the requirements that apply to that zone. The compliance of the one (1) x two (2) bedroom (Unit 1) and one (1) x three (3) bedroom (Unit 6) dwellings with the requirements of Section 4.3 is as follows.

Section 4.3: Development Area B Controls
Standard
Proposal
Complies
Solar AccessAdjoining properties must be capable of receiving not less than 3 hours of sunshine upon the open space areas of adjoining dwellings between 9am and 3pm on June 22CompliesYes

Privacy and viewsSite planning must take into account any adverse privacy impacts on neighbouring propertiesMinimal privacy impacts on adjoining developments but some windows can contain translucent glazingYes, subject to conditions of consent
RoofsRecommended roof pitch to be between 22 and 35 degrees12 and 45 degrees roof pitch No (1)
Minimum Street Frontage15m14.02m (but 43.4m combined for consolidated site)No (2)
Residential Density (site area/unit)315sqm per dwelling
(2 dwellings proposed) = 630sqm
796sqm (2319sqm for consolidated site)Yes
Landscaped Open Space50%47%No (3)
Front Site Height Maximum9m (applies to Unit 1 only)<9mYes
Rear Site Height Maximum6m (applies to Unit 6 only)8m maximum to roof ridgeNo (4)
Front Site Storeys Maximum2 storeys (applies to Unit 1 only)2 storeysYes
Rear Site Storeys Maximum1 storey (applies to Unit 6 only)2 storeysNo (5)
Minimum Private Open Space
1 or 2 bedroom dwelling
3+ bedroom dwelling
50sqm (Unit 1)
60sqm (Unit 6)
34sqm
62sqm
No (6)
Yes
Minimum Dimensions of Principal Private Open Space
1 or 2 bedroom dwelling
3+ bedroom dwelling
4m x 5m
4m x 6m
4m x 5m
4m x 6m
Yes
Front Boundary SetbacksMinimum 4.5mLocated at rear of site so not relevantN/A
Rear Boundary SetbacksBuilding envelopeDoes not complyNo (7)
Minimum Side Boundary SetbacksBuilding envelopeDoes not complyNo (8)
Fences at the front boundary- 1m fronting public space

- No principal private open space to be forward of the building line
- No front fence proposed

- No private open space in front of the building line
Yes
TV antennaMaster TV antenna must be provided for any development of more than two dwellingsCan be providedYes
Storage6 cubic metres per dwellingCompliesYes
Drying facilitiesTo be visually screened from the streetCan be provided within the dwellings or courtyards which are screened from the streetYes
(1) Roofs


The proposed development has a roof pitch which is 12 degrees and 45 degrees. The roof has been kept as low as possible to minimise the height of the development but has got a pitch on the front façade to give some detail and interest to the development. The roof pitch is considered to be acceptable and does not result in additional impacts to the development in terms of overshadowing or privacy.

(2) Minimum Street Frontage

108 Boundary Road has a frontage of 14.02m which does not meet the minimum 15m width requirement of Development Control Plan No 1. The application seeks permission to consolidate the lots into one allotment. As such, after consolidation, the subject site will have a frontage of 43.4m to Boundary Road. In this regard it is considered that the existing frontage will be irrelevant when the site is consolidated.

(3) Landscaped Open Space
(4) Rear Site Height Maximum
(5) Rear Site Storeys Maximum
(6) Minimum Private Open Space for one dwelling
(7) Rear Boundary Setbacks
(8) Minimum Side Boundary Setbacks

The proposed two (2) dwellings which will be located within the residential zone do not comply with the requirements of Development Control Plan No 1 as detailed in the above table. This is primarily due to the fact that one (1) development is proposed that straddles two (2) zones where each zone has different requirements. It is difficult to design a development that has an appropriate design whilst complying with the requirements of the two (2) zones. As a consequence of this, a part of the development does not comply with the requirements of Development Control Plan No 1.

The applicant investigated initial design options whereby the site at 108 Boundary Road was not included in the proposed development. This was not considered feasible as all vehicular movements would have to occur from the right-of-way in Wattle Street and be concentrated in Wattle Street where there are primarily residential developments. The incorporation of 108 Boundary Road to the development allows for vehicular movements associated with the residential component to enter and exit the site from Boundary Road whilst the right-of-way in Wattle Street would be maintained as access for the shops as per the terms of the right-of-way.

108 Boundary Road primarily consists of the driveway to the site, open car spaces and two (2) dwellings (which are attached to the reminder of the development). It is not considered that the site is overdeveloped as evidenced by the fact that the density of the site is below the maximum permitted on the site.

The location of the new development behind the existing shops results in the non compliances as detailed in the table above. These non compliances do not result in additional adverse impacts on the adjoining developments. The proposed development complies with the solar access requirements of Development Control Plan No 1 and windows located on the side elevations of the proposed dwellings have been minimised. Any privacy impacts from first floor windows can be reduced through the provision of translucent glazing. This is further discussed in the “Resident Referrals” section of the report.

The private open space area of Unit 1 does not comply with the requirements of Development Control Plan No 1 in that it is not a minimum 50sqm. 34sqm of private open space has been provided to the dwelling which is considered to be acceptable as it is appropriately located and functional with minimum dimensions of 5m and directly accessible from the main living area.

Given the above reasons, it is considered that the proposed variations to Development Control Plan No 1 are acceptable.

4. Impacts

Natural Environment

The proposed development is unlikely to have an adverse impact on the natural environment. Four (4) trees are proposed to be removed from the subject site, two (2) of which are dead or in poor health. The remaining trees on the site including the street tree on Boundary Road will be retained. New planting is also proposed to the site as per the landscape plan submitted with the application. No objection is raised to the removal of the trees subject to the new planting being installed as per the landscape plan.

Built Environment

The proposed development is unlikely to have an adverse impact on the built environment. The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and does not comply with some of the requirements of Development Control Plan No 1. It is considered that the non compliances do not result in additional impacts to adjoining developments in terms of solar access and privacy. The size and scale of the proposed development is considered to be appropriate for the site and the streetscape of Boundary Road.

Social Impact

The proposed development has no apparent social impact.

Economic Impact

The proposed development has no apparent economic impact.

Suitability of the Site

The subject site is suitable for the proposed development. The subject site has no apparent impediments that restrict it from being developed for the proposed development.


5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was notified twice in accordance with Council’s requirements. Once when the development application was received and once when amended plans were received. During the first notification period sixteen (16) submissions were received and during the second notification period nine (9) letters of objection and five (5) letters of support were received. The issues raised in the submissions received following the second notification period are discussed below. The proposal was amended further on 22 July and 26 July 2010. These plans were not notified as any impacts of the development were lessened by the final amended plans.

The letters in support of the application raise no objection to the development and raise the following reasons for supporting the development:

* It complies with Council’s planning objectives,
* The development will improve local business viability, housing availability, landscaping and car parking,
* The development presents well and does not appear intrusive.

The issues raised in the objections are as follows.

Boundary fencing

Boundary fencing is required and it is not noted on the plans.

Comment: The proposed boundary fencing is not noted on the plans however, it is customary that the boundary fence is provided by the applicant. A condition of development consent has been provided in the recommendation, should consent be granted requiring the applicant to provide boundary fencing to the side and rear boundaries of the site.

Vehicular access

We understand that residential tenants will use Boundary Road as their access and the shops will use Wattle Street. What measures will there be to prevent residents using the Wattle Street access. There will be an increase in traffic to the area and Wattle Street and entry and exit via Boundary Road will be hazardous. There should be a no right turn into Boundary Road from the development. There will be inadequate loading/unloading facilities to the site.

Comment: Access to the shops and loading/unloading will continue to be via the right-of-way from Wattle Street. Vehicular access to and from the site for the residential component of the development is to be from Boundary Road. The applicant has submitted that a gate or bollards can be placed within the site in the area immediately adjoining the right-of-way area so that access to the right-of-way is restricted to Wattle Street and vehicles associated with the shops only. It is also considered that appropriate signage be placed on the Boundary Road frontage indicating access for residents only. A condition to this effect has been provided in the recommendation, should consent be granted.

Movements out of the site onto Boundary Road cannot be restricted to no right hand turn. The application was referred to the Roads and Traffic Authority (RTA) who raised no objection to the proposed development. Vehicular movements to and from Boundary Road will be restricted to the resident cars only. In this regard the vehicular movements are likely to be intermittent and not of a number that will significantly increase the current volumes experienced in Boundary Road.

Ventilation for basement car parking

What ventilation will be used for the basement car parking area and where it will be located?

Comment: The applicant has submitted that natural ventilation is proposed for the basement area. If this cannot be achieved and mechanical ventilation is required, the vents will be located at the centre of the site and not the side elevations of the development. The design of the development does not lend itself to an exhaust system being located on the side and rear elevations of the development as the floor level of the development is close to the ground level and there is in adequate room for an exhaust system to be provided in this area.

Privacy impacts

There will be privacy impacts to the adjoining developments from first floor windows.

Comment: There are only two (2) windows located on the side elevations of the proposed development, being a dining room and kitchen window on the ground floor. These windows will be obscured by the boundary fencing and proposed perimeter planting and as such are unlikely to adversely impact the amenity of the surrounding developments. The ground floor windows which are located on the front and rear elevations, and within the centre of the development are also unlikely to result in adverse privacy impacts as they will also be obscured by the boundary fencing and perimeter planting.

The first floor windows located on the rear elevation of the development and the first floor windows of dwelling 1, 5 and 6 which are closest to the side boundaries may result in privacy impacts to adjoining developments in terms of overlooking primarily due to the increase in the number of windows where currently there are none. As such it is considered that these windows should contain translucent glazing to the bottom half of the window so to reduce any overlooking. In this regard, a condition of consent to this effect has been provided in the recommendation, should consent be granted.

Overshadowing

The proposed development will result in overshadowing to adjoining developments.

Comment: The proposed development complies with the solar access requirements of Development Control Plan No 1 in that the ground level principle private open space area of the adjoining developments will receive at least three (3) hours solar access between 9am and 3pm on 21 June.

Garbage/waste facilities

The proposed garbage/waste facilities will adversely impact on the adjoining developments. Clarification is also required on where the garbage facilities will be located.

Comment: The waste facilities for the residential component will be located within the basement area in a dedicated room and will only be moved to the ground floor prior to collection. The waste facilities for the shops will be located at the rear of each shop and will be removed by a contractor as per the existing arrangements.

Loss of trees and vegetation

There will be significant loss of trees and vegetation from the site.

Comment: Four (4) trees will be removed from the site to accommodate the proposed development. Two (2) of these trees are dead or in poor health. The other trees on the site will be retained. New planting is also proposed for the site and the landscape plan submitted with the application is considered to be appropriate.

Compliance with Development Control Plan No 1

The proposed development does not comply with several requirements of Development Control Plan No 1. A more appropriate development would be single storey villas and townhouses in the middle of the site. The development is excessive in bulk and scale. The density and bulk of the development should be reduced to be more in keeping with the surrounding developments. There are no other units in the area and this will set a precedent for these types of developments.

Comment: As detailed in the report, proposed development straddles two (2) zones and as such the proposed development has been assessed in terms of its compliance with the relevant zone. That part of the development which is within the 3a - Neighbourhood Business zone complies with the relevant requirements. That part of the development, being two (2) dwellings, that is within the 2 - Residential zone does not comply with the requirements of Development Control Plan No 1 in several respects. It is considered that the non compliances are acceptable as they form a small component of the overall development and do not result in additional adverse impact to the adjoining developments in terms of solar access and privacy.

The majority of the subject site is zoned 3a - Neighbourhood Business and as such the uses and scale of development permissible on the site is different to that permitted on properties immediately adjoining the subject site which are zoned residential. As such the proposed development is unlikely to result in a precedent due to the different zones and the specific circumstances of this development. Notwithstanding this, the height limit for the proposed development is two (2) storeys which is the same as the adjoining properties. In this regard the proposed development has a similar height to existing and any future development on the adjoining sites.

Council Referrals

Senior Environmental Health and Building Surveyor

Council’s Senior Environmental Health and Building Surveyor has raised no objection to the development subject to conditions of consent being attached to any consent granted.Development Engineer

Council’s Development Engineer has raised no objection to the development subject to conditions of consent being attached to any consent granted.

Manager – Environmental Services

Council’s Manager – Environmental Services has examined the application as raises no objection to the proposed waste facilities subject to conditions of consent being attached to any consent granted.

Traffic Engineer

Council’s Traffic Engineer has examined the proposed development and advised that the proposed development is not a “traffic generating development” and as such did not require referral to Council’s Traffic Engineer.External Referrals

Roads and Traffic Authority (RTA)

The application was referred to the Roads and Traffic Authority (RTA) who have advised as follows:
6. CONCLUSION

The application seeks permission to retain the existing shops which face Boundary Road, construct a two (2) storey building at the rear of the site which contains commercial storage area, eight (8) x three (3) bedroom and one (1) x two (2) bedroom dwellings with basement car parking, and consolidation of the site into one (1) allotment. The subject site straddles two (2) zones, five (5) lots being within the 3a - Neighbourhood Business zone and one (1) lot being within the 2 - Residential zone.

The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and two (2) dwellings proposed within the residential zone do not comply with the several requirements of Development Control Plan No 1. The non compliances are supported as it is considered that they do not result in additional adverse impacts to the adjoining developments and form a small component of the proposed development.

The application was notified/advertised on two occasions and several letters of objection were received on both occasions. It is considered that the issues raised in the submissions have been addressed in amended plans submitted with the application and through the imposition of conditions of consent. Accordingly, the application is recommended for approval subject to conditions of consent.
RECOMMENDATIONTHAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application 09/DA-466 to retain the existing shops which face Boundary Road, construct a two storey building at the rear of the site which contains a commercial storage area, 8 x 3 bedroom and 1 x 2 bedroom dwellings with basement car parking, and consolidation of the site into one (1) allotment on Lot A DP 401862, Lots 1, 2, 3, 4 DP 533525 and Lot 5 DP 203749 and known as 108, 108A, 108B, 110, 110A and 112 Boundary Road, Mortdale, subject to the attached conditions:

1. Standard conditions as adopted by Council for mixed commercial development. Excluding the following conditions: ZC1; SE941A; S941B; S941C; S941D; S947; ST1 (g); MI131; PW6; DR1; DR14; FP3; 44 RTA; PU8; PU9; M129; TRG3; SU58.1; DD2 (e); M13; MI7; WA3; MI16; MI17; ZC2; 90 RTA; 115 Approved hours of operation; MI7; PV13; PV22; WA4; ZC7; ZC8; ZC9; ZC10; ZC11; ZC12; ZC14. Including the following conditions:

2. Approved Plans

Plan NumberPlan DateDescriptionPrepared By
DA-01C, 02A, 03A, 04C, 05C, 06C, 07B, 08B, 09COct 09 (02A),
Mar 10 (3A) and Jul 10
Site Plan and Roof Plan, Site Analysis, Shadow Diagram, Ground Floor Plan, First Floor Plan, Second Floor Plan, Elevations, SectionQian and Associates
90810-01, as amended by deletion of Unit 10Oct 09Planting PlanViridian designs
1 of 2 and 2 of 225 Nov 09List of Materials and Colour Schedule
-
030706CP14 Jul 03Detail PlanPT Wright Registered Surveyor
3. Payment of Section 94 contributions

Open space and community recreation
$56,037.00
Community services and facilities
$33,618.00
Management
$2,478.35
Library – Infrastructure
$17,117.00
Library – Bookstock
$96.86
Drainage – Georges River
$6,562.77
Include under ‘To Obtain a Construction Certificate’


4. OC8 (a) The first floor windows to the northern (rear) elevation of the development and the windows of the master bedroom Unit 6, void area Unit 1, eastern most bedroom window Unit 1, and western most bedroom window to Unit 5 are to contain translucent glazing to a minimum height of 1.6m from the finished floor level of the room. This condition has been imposed to reduce privacy impacts on the adjoining residential developments.


5. Condition 30 Geotechnical reports - (b) all adjoining properties that have a common boundary with the subject site.

6. DR5; DR11; DR12 – 1%.

Include under ‘During Development’

7. Prior to the disposal of any excavated soil from the site, the soil must be classified in accordance with the Department of Environment, Climate Change and Water (2008) Waste Classification guidelines and the recommendations of the Environmental Site Assessment Report prepared by Environmental Investigations, Report No. E1096.2 AC, dated 23 November 2009.

Include under ‘Before Occupation’

8. BA1 – Certificate No 284101M, dated 23 November 2009.

9. The site being consolidated into one (1) allotment. The final plan of consolidation is to be registered with NSW Land and Property Information prior to the release of the Occupation Certificate.

10. The 200 x 100sqmm RHS is to be laid at 45 degrees to the kerb alignment and wholly contained within the frontage of the site.

Include under ‘After Occupation/Ongoing Conditions’

11. PV6 - A minimum of seventeen (17) resident spaces and two (2) visitors spaces.

12. PV8 - Five (5)"

* * * * *



DECISION - DAC

THAT Council rescind its original determination and approve the application subject to conditions.

FURTHER THAT the proposed two-storey development located within the residential zoned portion of the site be limited to single-storey only and be located no closer to adjoining neighbours than is currently proposed.
(Moved Councillor C Hindi / Seconded Councillor A Istephan)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 8th December 2010

DAC131-10 PNS - 31 ARCADIA STREET, PENSHURST - GROUND FLOOR ADDITIONS TO ENCLOSE (INDOOR) A BARBEQUE AREA, CREATE AN ALFRESCO DINNING AREA AND NEW INGROUND POOL


Applicant

Mounzer Mortada

Proposal

Ground floor additions to enclose (indoor) a barbeque area, create an alfresco dining area and new inground pool

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Development Control Plan No 1 - LGA Wide - Section 3.5 Energy Efficiency, Section 4.1 Single Dwelling Houses, Section 5.9 Swimming Pool and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house and ancillary to dwelling house

Owner/s

Abdul and Roshmeen Azam

Existing development

Two storey brick dwelling and basement garage

Cost of development

$80,000.00

Reason for referral to Council

One objection received and variation to DCP 1

Report author/s

Development Assessment Officer, Mr I Kokotovic

File No

10/DA-373

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for ground floor additions to enclose (indoor) a barbeque area, create an alfresco dining area and provide a new inground pool.

2. The appearance of the dwelling will be consistent with the existing surrounding development, and the proposal is compatible and consistent with Council’s objectives.

3. The proposal complies with all but one (1) control in Council’s relevant Development Control Plan.

4. One (1) objection to this proposal was received.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The proposal seeks approval for ground floor additions to enclose (indoor) a barbeque area, create an alfresco dining area and provide a new inground pool.

The construction consists of a ground level open plan area of 72sqm (existing paved patio) with enclosing walls and roof, setback 900mm (south east boundary) and 1150mm (north west boundary), to accommodate:

* a barbeque/kitchenette area and adjoined alfresco dining with window openings in the wall,
* a relatively small inground swimming pool of 15sqm (the external wall adjacent to the pool is a fixed glass wall with louver panels).


DESCRIPTION OF SITE AND LOCALITY

The subject property is a regular allotment of a width of 10.67m and overall site area of 522.87sqm. The site is north east facing and is on the south west side of Arcadia Street. The site has a minor slope from the rear to the street and is adjoined to either side and rear by single storey dwellings.

Existing on-site is a two (2) storey brick dwelling with basement garage.

This area is characterised by a mix of single/two (2) storey dwellings, with low density developments.


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 is a permissible use in the zone. The proposal meets the zone objectives.

Clause 14 – Tree Preservation Orders

There are no trees affected by this order required to be removed from the site.

Clause 15 – Services

The assessment is satisfied that facilities for drainage of the site can be designed to Council’s requirements to connect to the existing stormwater system to discharge to the kerb and gutter in Arcadia Street.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

2. Draft Environmental Planning Instruments

There are no applicable draft Environmental Planning Instruments relevant to this proposal.

3. Development Control Plans

The proposal has been assessed against Council’s relevant sections of Development Control Plan No.1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY

This Development Control Plan requires that the proposal achieve a minimum BASIX standard for new dwellings. Overall the proposal has achieved a BASIX certificate, in relation to the NSW Government’s requirements for sustainability, therefore complies with this requirement.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES

Single Dwelling Houses ControlsStandard
Proposal
Complies
Site Area533.87sqm
Front Setback
Front Setback (garage)
4.5m
5.5m
Existing (5.2m)
Existing (5.2m)
Yes
Yes (1)
Rear Setback (ground)
Rear Setback (first floor)
3m
6m
19.4m
Existing (27.2m)
Yes
Yes
Side Wall Setback (grnd)
Eaves Setback (ground)
900mm
450mm
900mm
450mm
Yes
Yes
Height Maximum9m - Ridge Level
7.2m - External Wall to Ceiling
Existing (addition is single storey only)
Yes
FSR Control FSR
0.55:1 (304.08sqm)
FSR
0.54:1 (299.07sqm)
Yes
Driveway ConcessionFor Landscape CalculationsNone
Yes
Existing Landscaped Open SpaceMin 40% site cover (221.15sqm)
Min. 20% deep soil (110.57sqm)
65.96% (364.7sqm)
37.98% (210sqm)
Yes
Yes
Proposed Landscaped Open SpaceMin 40% site cover (221.15sqm)
Min. 20% deep soil (110.57sqm)
52.94% (292.7sqm)
37.98% (210sqm)
Private Open Space-Min 30sqm
-Min 5m (in any direction)
- 190sqm
- 10m
Yes
Privacy / BalconiesWindows 9m separation or
offset by 1m
- all windows on ground level and no raised floor to dwelling
Yes
Solar Design/Energy EfficiencyPrivate open space of adjoining buildings to receive minimum 4hrs sunlight between 9am – 3pm on 22 June.

Solar access to be preserved.
Solar access preserved
- single storey addition with low pitched roof to reduce any possible impact
Yes
Parking Spaces RequiredMin 2 behind building line 2 car spaces in garage
Yes
(1) Front Setback (garage), Side Wall Setback and Eaves Setback


The front and first floor side setbacks of the existing dwelling do not make up part of this proposal, and were previously approved (2001/DA-825).

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.9 SWIMMING POOLS AND SPAS

DCP 1 – Swimming Pools and SpasRequirementProposalComplies
Pool SitingInground swimming pool shall be built so that the top of the swimming pool is as close to the existing ground level as possibleAt finished patio ground level on all corners Yes
Side SetbacksPool edge must be set back at least 1.5m from any side or rear boundary- 1.4m from north west boundary
- 6.5m from the south east boundary
- 20m from rear boundary
No (1) complies on merit
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencing- 1m pool fencing
- 1m from south enclosing wall
- 1m existing dwelling wall
- 300mm from west enclosing wall
Yes (2)
FillingFilling of land between pool and property boundary is not permittedNo filling proposedYes
NoiseThe position of the swimming pool and ancillary equipment must be minimised to reduce the impact of noise on adjoining neighbours- Pool located in rear yard with appropriate setback
- Equipment to be located appropriately
Yes
Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926 - Swimming Pool Safety and provisions in DCP 1- Option B
(no direct access from buildings provided the installation of child resistant openable portion of window/pool is completely isolated)
Yes
Design and Construction of Fencing- Fencing shall be no less than 1.2m at any point along the fence, on the outside of the fencing, and

- Height of any opening between the bottom of the fence and finished ground level shall not exceed 100mm, and

- Horizontal rails (horizontal members) shall not be less than 900mm apart;

-The top surface of the highest lower rail shall be at least 1.1m below the top of the fence;

-The clear space between any adjacent vertical rails such as palings, rods or wires shall not exceed 100mm at any point
A condition has been imposed to ensure that all these requirements are met during construction

Conditions have been imposed requiring the outside walls of the pool and fencing to comply with the Swimming Pools Act and Regulation and AS1926
Yes
GatesGates must swing outwards away from the swimming pool area and be fitted with a latching deviceTo be conditionedYes
Outside surfaceFences with horizontal members, projections or indentations must not act as a hold for climbingTo be conditionedYes
(1) Side Setbacks


Council’s Development Control Plan No 1 requires an arbitrary setback of any pool from a boundary to be 1.5m. The intent of this control is to maintain general neighbourhood amenity and to create a spatial buffer to help reduce noise impact from noise generating swimming pool recreational activities.

This proposal complies on merit with the control by being an indoor swimming pool with fixed glass walls and louvers to create a sound barrier with an enclosing roof to restrict the emission of noise pollution. It is considered that this design solution is more effective in reducing noise impact than the application of the standard setback control.

(2) Setback from Pool fencing

The west side of the indoor pool is proposed adjacent to an enclosing wall of the addition. The proposal seeks to abut the pool coping structure against the wall which will be made of fixed glass panels. As such, there is no distance between the proposed child resistant barrier (wall) and the pool water, as the design principle of the proposal is to have a relatively small indoor pool 6m x 2.5m.

Council requires a distance of 1m between only a pool fence and the pool so as to allow ease of access around the pool in the case of an emergency. Despite the proposal not allowing such access along the western side of the pool (6m), the design has ample space around the rest of the pool for safety access, and as such complies with the objectives in the Development Control Plan. In any case, the design technically complies by not proposing a pool fence along that side, instead providing a child resistant barrier in the form of a wall.

4. Impacts

Natural Environment

It is considered the proposal will not have any adverse impact on the natural environment and trees are proposed to be removed.

Built Environment

The proposed development complies on merit and provides a satisfactory building design which is compatible and in scale with existing surrounding development. It is considered consistent with the objectives of Council’s controls. The site is not overdeveloped and any additional impacts on any adjoining premises are considered negligible. There are no heritage concerns.

Social Impact

The proposed works, being for residential purposes, are seen to be in keeping with the desired future residential character of this area.

Economic Impact

As the proposal is for residential purposes, no adverse economic impact is foreseen.

Suitability of the Site

It is considered that the allotment is suitable for the proposed development in terms of the allotment size, shape, orientation and topography. The site is not bushfire, flood, acid sulfate affected, nor contaminated.


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, and there was one (1) objection.

Overshadowing

Concerns are raised regarding overshadowing and a loss of ambient light into a private open space outdoor area and garden, as a result of the proposed development. The objection reiterates this in explaining that the existing two (2) storey dwelling already impacts significantly upon the premises. Additionally the objector identifies that the submitted site plan does not accurately represent the length of the external wall of their dwelling, and seeks to have this considered in the assessment.

Comment: The objection is valid and the inaccuracy of the submitted site plan was confirmed upon a site inspection. Despite this, it is considered the proposed single storey extension adds a very minor overshadowing impact upon the adjacent premises to the south west, as the existing two (2) storey roof eaves would still project the shadow through most of the day (9am to 2pm). The only additional overshadowing created by the proposed addition would occur in the mid to late afternoon (after 2pm) and this overshadowing would project little more shadow than that of the existing boundary fence, given that the proposed eaves of the extension are shown at a 2.4m height.

In addition to this, the proposed roof design provides a shallower pitch than usual, allowing the 4m high ridge to be a distance of over 7m from the objector’s property boundary. It is considered that this design is proposed to reduce overall overshadowing, and loss of ambient and natural light into the objector’s rear yard.

As the overshadowing impact complies with the controls, is considered a reasonable impact, and is aided by a design which addresses possible impacts to surrounding development.

Noise emission

Concern is raised regarding noise emission from the pool area, as the objector considers it to be very close to their outdoor living area.

Comment: The proposal is for an indoor swimming pool at a distance of 6.5m from the objector’s boundary. It is considered that despite have openable windows, the design proposed would contain and reduce noise more than if it were a complying outdoor pool in the same location. Standard conditions of consent will be attached to maintain noise emission health standards from pool equipment and pumps.

General aesthetic and amenity concerns

Concern is raised regarding the impact of continuous built development along the objector’s north west boundary should the proposal be approved. It is mentioned that this in conjunction with a proposed black metal roof would create an eyesore further reducing reflected light, and generally impact negatively on the aesthetic qualities of their backyard including a comment that more than half of it is bounded by dwelling wall.

Comment: The issues raised regarding the extent of development along a boundary are pertinent as they imply overdevelopment. However, assessment of the site reveals that the proposal still complies with all the single dwelling controls including setback and landscaped areas and floor space. The assessment also reveals that the statement that more than half the objector’s backyard will be bounded by dwelling wall is exaggerated, and that only an extra 8m of wall is proposed, leaving 19m of the objector’s rear yard free from an opposing structure.

Standard conditions on a consent for roofing only allow non-reflective materials and colours to be used. The intent of this is to reduce reflected light from bright surfaces from impacting neighbouring properties, especially in the late afternoon (when this objector will be most severely impacted upon). It is considered rather than impact negatively, a darker colour roof is a more appropriate design solution, and the standard condition will be attached to any consent.

Council Referrals

Development Engineer

The proposal for stormwater disposal is appropriate provided the existing drainage system is certified by a licensed plumber to ensure it is in sound working condition.


6. CONCLUSION

Having made a detailed assessment of the proposal in accordance with the heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended, it is recommended that the development application be approved subject to the conditions as set out below.


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 10/DA-373 for ground floor additions of an enclosed (indoor) barbeque area, alfresco dining and inground pool on Lot 5 DP 312158 and known as 31 Arcadia Street, Penshurst, subject to the attached conditions:

1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.

Plan Number
Plan Date
Description
Prepared By
2/12
Aug 10
Site plan
mCubed Design
4/12
Aug 10
Floor Plan
mCubed Design
5/15
Aug 10
First Floor Plan (Roof)
mCubed Design
6/12
Aug 10
West Elevation
mCubed Design
7/12
Aug 10
South/North Elevations
mCubed Design
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.6. PR1 - Prescribed Conditions of Development Consent

This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs
This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of

If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.

7. TRGl - Tree Preservation Order

A Tree Preservation Order applies to all land within the City of Hurstville. The Hurstville City Council, at its meeting of the 28 February, 2001 resolved to make a new Tree Preservation Order under Clause 14 of the Hurstville Local Environmental Plan 1994. This is to ensure it is binding on all landowners.

8. Waste Service - Domestic waste bins must not be used with demolition/construction work. You can apply to cancel the waste service, so that the domestic waste bins are removed and waste charges suspended. Further information is available from the Waste Service Project Officer on 9330 6154 during office hours.9. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:
10. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

11. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.12. BD1 - Damage to Council Property - In order to insure against damage to Council property the following is required:(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

13. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer shall be submitted along with the Construction Certificate application to the Principal Certifying Authority for any of the following, as required by the building design:

(a) footings
(b) slabs
(c) structural steel
(d) swimming pool design

14. PN9 - No excavation, pier hole drilling, construction or the like may be carried out before the issue of the Construction Certificate.

15. PW1 - The developer must ensure that appropriate dust suppression measures are installed/utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.

16. DR1 - Stormwater System – The additional roof area storm-water must be collected and discharged to the existing drainage system in accordance with the Australian/New Zealand Standard AS/NZS 3500.3.2:1998 National plumbing and drainage Part 3.2: Stormwater drainage-Acceptable solutions.

The design of the proposed drainage system must be prepared and be submitted with certification by a licensed plumber (to ensure the existing system is in sound working condition) for approval with the Construction Certificate application.

17. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

Please refer to the web site www.sydneywater.com.au for:


or telephone 13 20 92.

18. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

19. SP1 - Pool Design - The design and construction of the swimming pool and associated fencing and equipment must comply with:

(a) The Swimming Pools Act 1992 & Regulation;
(b) Australian Standard 1926 (1986) - Swimming Pool Safety;

(d) Protection of the Environment Operations Act 1997.

20. SP6 - The following apply to the construction, use and maintenance of swimming pools and spas:

(a) No ground level may be raised or filled except where shown specifically on the approved plans;
(b) All pool/spa waste water is to be discharged to the sewer according to the requirements of Sydney Water;
(c) The swimming pool must not be used for commercial or professional purposes;
(d) Pool water quality must be maintained to Council's satisfaction;
(e) Install a hydrostatic pressure relief valve in the base of the pool (in ground pools);
(f) Provide permanently fixed depth markers at each end of the pool;
(g) Drain paved areas to the landscaped areas; and
(h) Arrange any external pool/spa lighting to minimise glare nuisance to adjoining owners.

21. The operation of the air conditioning unit is to comply with the Public Health Act 1991, Protection of the Environment Operations Act 1997, AS 3666 and AS1668 as applicable.

22. All pool/spa waste water must be discharged to the sewer to the satisfaction of Council and Sydney Water.

23. SM3 - Construction Management Plan - Submit to the Principal Certifying Authority a Construction Management Plan that clearly sets out the following:

(a) What actions and works that are proposed to ensure safe access to and from the site, and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like.

(b) The proposed method of loading and unloading excavation machines, building materials, formwork, and the erection of any part of the structure within the site.

(c) The proposed areas within the site to be used for a builder's site office and amenities, the storage of excavated material, construction materials and waste containers during the construction period.

(d) How it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways.

(f) A Soil and Water Management Plan detailing all sedimentation controls.


24. IN2 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until:
(i) The consent authority; or (i) Appointed a Principal Certifying Authority for the building work, and
(ii) Notified the Principal Certifying Authority that the person will carry out the building work as an owner-builder, if that is the case, and
(ii) Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(i) Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) Notified the Principal Certifying Authority of such appointment, and
(iii) Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.25. BC1 - Construction Certificate - No work shall commence until you:

26. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
27. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained through out any demolition and construction work.28. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.29. BC6 - Home Building Insurance for Residential Building Work - The builder or person who does any residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must not contract to do any residential building work unless a contract of insurance that complying with the Act is in force in relation to the approved work. The builder or person shall obtain and have in force Home Building Insurance and supply to Council a copy of the Certificate in respect of insurance complying with the Act before the commencement of any work.

Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.

30. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work. 31. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

before the commencement of work (and until issue of the Occupation Certificate).32. IN2 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the Principal Certifying Authority. The critical stage inspections that are to be carried out in respect of the building work approved under this development consent are as follows:

(a) At the commencement of building work,
(b) After excavation for, and prior to the placement of, any footings,
(c) Prior to pouring any in-situ reinforced building element,
(d) Prior to covering of the framework for any floor, wall, roof, or other building element,
(e) Prior to covering any stormwater drainage connections, and
(f) After the building work has been completed and prior to any occupation certificate being issued in relation to the building. Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hours notice in writing, or alternatively twenty-four (24) hours notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

33. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Setout before commencing excavation.

(b) Completion of any Pool Formwork - Before concreting of pool shell, detailing the location of the pool relative to the adjacent boundaries and its height relative to the datum shown on the approved plans.

(c) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge. Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

34. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday. A Penalty Infringement Notice may be issued for failure to comply with this condition.

35. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.

36. MI132 - Filling - No filling of the land between the external walls of the structure and the side, front or rear boundaries is permitted. Deepened edged beams or similar must be incorporated into the slab design and any structural engineers details are to reflect this type of design.37. SP2 - Filling with Water - No water must be placed in the pool/spa until the safety fences have been completed in accordance with the approved plans and specifications and inspected by the Principal Certifying Authority.

38. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

39. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.40. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

41. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.

42. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.
43. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the occupation certificate.

44. IN2 - Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building. Prior to the issue of the occupation certificate the Principal Certifying Authority for the building work to be carried out on the site must be satisfied:

45. BA1 - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. A92865 dated 26 August 2010, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.46. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.47. PN6 – The maximum noise level from plant and equipment used on the site must not exceed the background noise level by more than 5dB(A) for the approved hours of the use, when measured at the boundary of the nearest residential premises.

48. MI22 - The premises is to be used as a single dwelling house only. At no future time is the building to be adapted as separate occupancies without first obtaining a separate Development Consent.

49. Any air conditioning unit noise level must not exceed 5dBA above the ambient background noise level measured at the nearest residential property boundary between the hours of 7am-10pm Monday to Friday, and 8pm-10pm weekends and public holidays; and, must not exceed the ambient background noise level measured at the nearest residential property boundary between the hours of 10pm-7am Monday to Friday, and 10pm-8am weekends and public holidays.

50. SP3 - Resuscitation Notice - An expired air resuscitation warning notice complying with Section 17 of the Swimming Pools Act, 1992 must be affixed in a prominent position adjacent to the pool. Such a notice may be purchased from the Royal Life Saving Society (visit http//nsw.royallifesaving.com.au or call 9879 4699).

51. SP4 - Pump Hours -The hours of use of the swimming pool pump, when the emitted noise is audible within a room in any other residential premises, is limited to:

Monday to Friday (other than a Public Holiday): 7.00 am to 8.00 pm
Saturday, Sunday and Public Holiday: 8.00 am to 8.00 pm52. SP5 - Pump Noise - The swimming pool/spa pump and associated equipment must be provided with a ventilated sound-proofed enclosure and/or be isolated so that the noise emitted from it does not exceed 5 dB(A) above the background level.

53. SP9 - No ancillary structures are to be located within the fenced pool area.

54. SP10 - All fencing, doors and gates that provide access to the swimming pool must, so long as the swimming pool exists, be maintained in a good state of repair as effective and safe barriers.

55. All doors and gates providing access to the swimming pool must be kept securely closed at all times when they are not in actual use.
56. Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

57. If you are not satisfied with this determination, you may:
(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

58. AD1 - Dial Before You Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of: For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

59. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

60. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.61. AD7 - Tree Preservation - Council's Tree Preservation Order prohibits the ringbarking, cutting down, lopping, removing, injuring, or the wilful destruction of any tree, that is 3 metres or more in height, have a girth of 30 cm or more when measured 45 cm above the ground and/or has a branch spread of 3 metres or more, except with the specific consent of the Hurstville City Council. Severe penalties apply for an offence.62. AD11 - Other approvals required - Where it is proposed to:

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

63. If you need more information, please contact Development Assessment Officer Mr Ivan Kokotovic on 9330-6194 during normal office hours.

* * * * *


DECISION - DAC

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

FURTHER THAT the roof colour be a light, neutral shade, and the roof maintain a five degree pitch.

(Moved Councillor S McMahon / Seconded Councillor V Badalati)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 8th December 2010

DAC132-10 PNS - 7 ST CATHERINE STREET, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A NEW TWO STOREY DWELLING


Applicant

Jian Ziang Li

Proposal

Demolition of existing structures and construction of a new two storey dwelling

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, SEPP (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 4.1 Single Dwelling Houses

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house

Owner/s

Jian Xiang Li and Yong Hong Li

Existing development

Single storey dwelling and carport

Cost of development

4415,000.00

Reason for referral to Council

Three objections received and variations to DCP 1

Report author/s

Development Assessment Officer, Mr I Kokotovic

File No

10/DA-411

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for the demolition of existing structures on site and construction of a new two (2) storey dwelling.

2. The proposed dwelling does not comply and provides an overdevelopment when considering height and impact to adjoining allotments, and is inconsistent with Council’s streetscape and front façade articulation objectives.

3. The proposal provides three (3) non compliances with the numerical requirements of Council’s Development Control Plan, which contributes to an inconsistency in applying the development objectives.

4. Three (3) objections to this proposal were received.


AUTHOR RECOMMENDATION

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


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The proposal seeks approval for the demolition of existing structures on site and construction of a new two storey dwelling. It consists of;

* Demolition of existing single storey dwelling and carport.

* A new two (2) storey dwelling. The dwelling plan consists of;



DESCRIPTION OF SITE AND LOCALITY

The subject property is a regular allotment of a width of 12.5m and overall site area of 502.74sqm. The site is north west facing and is on the south east side of St Catherine Street. The site has a significant slope falling approximately 3m from the front to the rear boundary. The site is adjoined east by a two (2) storey dwelling to the west and rear by a single storey dwelling. Existing on site is a single storey dwelling and carport.

This area is characterised by a mix of single/two (2) storey dwellings, with low to medium density developments.


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 is a permissible use in the zone. The proposal meets the zone objectives.

Clause 14 – Tree Preservation Orders

There are no trees affected by this order required to be removed from the site.

Clause 15 – Services

The assessment is satisfied that facilities for drainage of the site can be designed to Council’s requirements to discharge to the kerb and gutter in St Catherine Street via a hydraulically charged system.

Clause 22 – Excavation, filling of land

The proposal seeks to fill beneath the footprint of the proposed dwelling, causing a raised driveway, higher ground floor level and a non complying building height. But would be unlikely to disrupt or have a detrimental effect on existing drainage patterns and soil stability in the locality, or to effect the likely future use or redevelopment of the land.

STATE ENVIRONMENTAL PLANNING POLICY (SEPP) (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

In accordance with this policy, all new residential dwellings and those seeking alterations and additions as identified under this policy require a BASIX certificate that measures the Building Sustainability Index to ensures dwellings are designed to use less potable water and are responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units.

The application is supported by a satisfactory BASIX certificate that satisfies the requirements for dwellings under this policy.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

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

There are no applicable draft Environmental Planning Instruments relevant to this proposal.

3. Development Control Plans

The proposal has been assessed against Council’s relevant sections of Development Control Plan No.1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING

DCP – Car Parking
Standard
Proposal
Complies
Car parking space requirements for a residential dwelling with 3 or more bedrooms2 car space requirements 2 in garage behind building line
Yes
Double car space dimension and garage door clearance- Car spaces 5.4m x 5.4m (width x length)
- Double garage door 4.8m clearance
- 5.46m x 5.53m

- 4.8m provided
Yes
As can be seen from the table above, the proposal complies with Section 3.1.


DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES

Single Dwelling Houses ControlsStandardProposal
Complies
Site Area502.74sqm
Front Setback
Front Setback (garage)
4.5m
5.5m
6.94m
5.5m
Yes
Yes (1)
Rear Setback (ground)
Rear Setback (first floor)
3m
6m
13.6m
13.6m
Yes
Yes
Side Wall Setback (grnd)
Side Wall Setback (1st flr)
Eaves Setback (ground)
Eaves Setback (1st floor)
900mm
1.2m
450mm
750mm
900mm
1.5m
450mm
1050mm
Yes
Yes
Yes
Yes
Height Maximum9m - Ridge Level
7.2m - External Wall to Ceiling
9.13m
7.38m
No (2)
No (2)
FSR Control FSR 0.55:1 (276.5sqm)FSR 0.453:1 (228sqm)
Yes
Proposed Landscaped Open SpaceMin 40% site cover (201.1sqm)
Min. 20% deep soil (100.55sqm)
54.1% (271.99sqm)
39.6% (199.11sqm)
Yes
Private Open SpaceMin 30sqm
Min 5m (in any direction)
- 150sqm
- 12.5m
Yes
Front Yard Landscaping15sqm (site >12 m in width)34sqm
Yes
Privacy / BalconiesWindows 9m separation or
offset by 1m
- First floor windows appropriate
- Ground floor raised window not offset
- Ground floor verandah no privacy screen
- Rear balconies appropriate setbacks from rear with privacy screen
- Front terrace is designed to dominate the appearance of the dwelling
Yes (3 - privacy)



No (1 - terrace )
Solar Design/Energy EfficiencyPrivate open space of adjoining buildings to receive minimum 4hrs sunlight between 9am – 3pm on 22 June.

Solar access to be preserved.
Solar access preserved
Private open spaces not affected; overshadowing onto west neighbour roof in morning and onto subject premises in afternoon
Yes
Parking Spaces RequiredMin 2 behind building line 2 car spaces in garage
Yes
Garage Door Width40% of dwelling width (4.04m)47.5% (4.8m of 10.1m)
No (4)
(1) Front Setback and Privacy/Balconies - Terrace Design


The proposed front setbacks as required in the Development Control Plan, technically comply with the numerical controls, but not with the intention for garages being recessed 1m behind the main dwelling building line.

The recessing of the garage further back than the dwelling is considered an important element of a dwelling design in context of the site and with respect to visual impact on the streetscape and character of the locality (as explained in Sections 4.1.2.1 and 4.1.2.2 of the Single Dwelling Houses in the Development Control Plan). It is also specifically required as an objective of façade articulation as provided in Section 4.1.3.7 of the Single Dwelling Houses in the Development Control Plan.

By proposing a double garage 1.44m forward of an entry feature to the dwelling, and 4.2m forward of the front entry door, this development application clearly fails to provide a design that mitigates the visual impact of the garage as required. It also fails to allow passive surveillance of the neighbourhood front garden and entry to the house from within the dwelling, by having the entry door setback over 9.5m from the front boundary and obstructed by the garage. The negative visual impact of the garage is accentuated by the proposed uncovered terrace above, resulting in a design which appears not integrated. Effectively, the garage is detached as it is significantly forward of the dwelling on both floors, without a pitched roof form above.

Further, the terrace has not been designed so that it is not visible from the street, as required in Section 4.1.3.6 of the Single Dwelling Houses in the Development Control Plan. Rather it has been designed so to dominate the dwelling appearance from the street in direct contradiction to the requirement, and the proposed 1.8m privacy screens and balustrades above the garage add to the negative visual impact.

Overall, the failure of the development application to propose a design consistent with the streetscape, façade articulation and balcony and terrace objectives and controls of the Single Dwelling Houses in the Development Control Plan, are reasons for refusal of the development application.

(2) Height Maximum

The proposed building height does not fully comply as required in the Development Control Plan. The proposed main ridge exceeds the maximum allowed 9m (proposed at 9.13m) and the external wall height exceeds the maximum allowed 7.2m (proposed at 7.38m).

The main reason for this non compliance is the proposed fill beneath the dwelling (as presented earlier in the report). This unnecessary filling of land creates the non compliance by assuming that dwelling heights can be measured from the finished ground, rather than the ground as defined in Part 1 - Hurstville Local Environmental Plan (‘ground level’ – meaning the level of a site as if no development has taken place).

As such, there is no justification for the non compliance, especially as the site is not unduly burdened by any severe site constraint, the fill is considered unnecessary to the building design, and the raised height unnecessarily exaggerates impacts on adjoining premises than would a more conservative design using the existing ground levels to determine the height.

The height non compliances are considered reasons for refusal of the development application.

(3) Privacy/Balconies – Privacy

The side dining room window to the ground floor (indicated on the floor plan as ‘W6’ in ‘Dining’) could be conditioned to be a highlight window with a window sill at 1.5m from the internal floor level. As a dining room it is a highly habitable room, and with a floor raised 1.1m from the ground level, it has an elevated view over a standard boundary fence directly into an adjacent dwelling window. The proposal would cause a moderate privacy impact which could otherwise be averted with the highlight window, which would effectively minimise any inadvertent privacy issues while still allowing natural light and ventilation into the dining room.

The rear raised ground floor verandah (indicated on the floor plan as ‘Deck’) could be conditioned to have a privacy screen to both side aspects. As the verandah is raised 1.2m above the ground level, a standard privacy screen would be required along the entire side lengths of the verandah, to a height of 1.8m from the verandah floor level with fixed 45 degree upward angled louvers.

This is required to prevent any inadvertent privacy concerns over boundary fences into adjoining property private open space and into adjacent dwelling windows.

It is noted that the site plan is not consistent with the floor plan or elevations as it shows a stair to the rear yard oriented to the west side boundary. As the rear deck is proposed with an appropriately designed stair oriented towards the rear, any consent would not approve side facing stair, and would instead approve a design consistent with the submitted floor plan.

(4) Garage Door Width

A building façade articulation requirement is currently in the Development Control Plan. It is required that a garage door must not consist of more than 40% of the width of the dwelling. The objective is to reduce the visual impact of garage doors dominating the design and architectural features of the dwelling, and on the local character and streetscape of any residential district. In applying this control, a minimum width double garage door of 4.8m is non complying on sites less than 13.8m in width.

In this case, the garage door is the minimum 4.8m on a 12.5m wide site. As the dwelling width is proposed at 10.1m, the garage door is 47.5% of the width of the dwelling. This non compliance accentuates the dominance of the garage and terrace as the main architectural features of the dwelling and flouts the aforementioned façade articulation objectives.

This non compliance is a reason for refusal of the development application.

4. Impacts

Natural Environment

It is considered the proposal will not have any adverse impact on the natural environment and no trees are proposed to be removed. The tree on the neighbouring rear property adjacent to the rear boundary will remain. The proposal would be unlikely to impact on any endangered or not endangered species of flora or fauna.

Built Environment

The development impacts severely on the streetscape due to the dominance in the design given to the garage and terrace features. It does not comply with required height controls, and as such does not meet the controls or the objectives underpinning Council’s single dwelling controls.

There is no justification for these variations. The site is not unreasonably burdened and a better design would allow full compliance with all the controls. If approved the proposal could set an undesirable precedent to the character of the locality.

Despite this, the dwelling in terms of site coverage and floor space is not considered an overdevelopment. The site has no heritage concerns.

Social Impact

It is considered that the development will have an adverse social impact on the future character of the community, by creating an undesirable precedent for single dwellings in the immediate area. Although overall impact on the adjoining premises is minimal, it is considered that most of the offending non compliances and features of the design are avoidable through a better design on a site which has no significant constraints.

Economic Impact

As the proposal is for residential purposes, no adverse economic impact is foreseen.

Suitability of the Site

It is considered that the allotment is suitable for the proposed development in terms of the allotment size, shape, orientation and topography. The site is not bushfire, flood, acid sulfate affected, nor contaminated.


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, and there were three (3) objections.

Loss of privacy

Three (3) objectors raised concerns about the loss of privacy from the rear first floor balconies and sliding doors. All of the objector’s premises are to the rear of the subject site. All the concerns relate to the overlooking from the balcony and from the large sliding doors into their private open space rear yards, which include entertainment areas, and a swimming pool for one (1) of the objectors, especially when considering the exaggerated height difference due to the fall of land to the rear. One (1) objector is concerned regarding the balconies being too close to the rear boundaries. Suggestions are made to reduce the impact including the enclosing of the balconies, reducing the size of the rear windows and doors, obstructing the views by altering the balustrade to not be of clear glass as proposed.

Comment: The two (2) balconies referred to in the objections are separated from each other with no joined access, with one (1) being 13.6m to the rear boundary and the other 15m to the rear boundary. Both balconies are accessed only by separate sliding doors from two (2) separate bedrooms on the first floor, and both are relatively small, being 1.5m in depth and the width of the rear bedrooms (5.2m and 4.3m respectively). The entire proposal is setback from the rear boundary appropriately, being 13.6m which overwhelmingly exceeds the setback minimum of 3m for a ground level and 6m for a first floor level.

As a standard design control, bedroom windows are considered to have a low privacy impact by virtue of the bedrooms themselves not being highly habitable, and thus unlikely to result in inadvertent overlooking into adjoining rear private areas. In this case, the impact is increased as the sliding doors and balconies (with proposed glass balustrades) allow a full view to the rear adjoining properties from a sitting position within the bedrooms.

Having said this, the distance of the closest balcony to the rear boundary (13.6m) is beyond the 9m distance generally accepted by planning principle as likely of creating a privacy impact. Further, the balconies themselves are quite small and effectively restrict the number of people able to use them for any significant entertainment activities that would cause serious privacy issues.

It is considered that due to the exaggerated height of the balconies from the slope in ground level to the rear, and design of the glass balustrades allowing full views to the rear properties, that the privacy impacts could be moderate to severe depending on how the balconies were used. These privacy impacts would be overcome by conditions of any consent which make the balustrades a translucent glass construction, effectively mitigating any inadvertent privacy issues obtained from a seated position on the balconies and from within the bedrooms.

Landscaping to maintain privacy

Concerns are raised regarding a submitted landscape plan showing non-specific planting of vegetation adjacent to the rear boundary. The objections suggest a more specific planting schedule which would act as an appropriate privacy screen for the adjoining rear properties but would also not affect those premises by way of foliage and root intrusion.

Comment: Landscaping as the main safeguard against overlooking is generally given minor weight. The effectiveness of landscaping as a privacy screen depends on continued maintenance, good climatic conditions and good luck. It is also difficult to enforce ongoing privacy through landscaping, especially if and when property owners change. Landscaping in this case would not be relied on for protection against overlooking, and the privacy screens and translucent glass balustrades would be sufficient in maintaining privacy as previously argued.

Drainage

Concerns are raised regarding stormwater runoff impacting on the properties to the rear given an increase in hard surface due to the proposal. Suggestions were made that a better landscape design would help absorb excess runoff.

Comment: The objection is considered valid but misinformed. The increase in roof area on site would provide a reduction in stormwater run-off to the rear properties than existing, by directing a larger extent of stormwater to the kerb and gutter in St Catherine Street, as proposed. In any case the proposal still provides a significant deep soil rear yard which would allow stormwater absorption and reduce general overland stormwater flow rates. The objective of new development is not to increase or alter the general overland flow of water to its natural catchments, and as such down slope properties will always receive some water runoff during significant storm events.

Demolition

Concern is raised relating to the safe demolition of existing structures in minimising any asbestos and general pollution to the locality.

Comment: Enforceable demolition conditions on any consent involving demolition work, carry the required controls to be adhered to by demolition contractors, so as to protect properties and occupants in the immediate vicinity of any harmful by-products.

Location of temporary toilet during construction

Concern is raised that any temporary toilet during construction might be located near the rear boundary fence, and that it be placed elsewhere.

Comment: This is an invalid issue for this development application, and is not a matter for consideration required for the assessment of a Development Application. Any site management plans are not assessed or approved throughout the assessment process.

Inconsistent Plans

Concern is raised that the rear deck plans are inconsistent with one (1) plan showing two (2) stairs to the rear yard, and the floor plan and elevations showing two (2) stairs.

Comment: This is a valid concern as the site plan is inconsistent with the elevations and floor plan with respect to the rear deck stairs. Any approved design would consider the rear facing stairs to suffice, as proposed on the floor plan.

Council Referrals

There were no Council referrals required for this development.


6. CONCLUSION

The application is for the demolition of the existing dwelling and carport and the construction of a new two (2) storey dwelling. It does not comply in full with Development Control Plan No 1 and does not comply with the provisions of the relevant Section 79C of the Environmental Planning and Assessment Act 1979 (as amended). The proposed dwelling is not acceptable and provides a design which would result in an undesirable streetscape and overdevelopment impact to the locality than could otherwise be achieved from a more appropriate design.


RECOMMENDATION

THAT pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses Development Application 10/DA-411 for the demolition of the existing structures and the construction of a new two (2) storey dwelling on Lot A DP 323688 and known as 7 St Catherine Street, Mortdale, for the following reasons:

1. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, as amended, the proposed development does not adhere to the maximum allowed ‘height to ridge of the building’ control under Development Control Plan No 1 – LGA Wide - Section 4.1.3.3 Single Dwelling Houses.

2. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, as amended, the proposed development does not adhere to the maximum allowed ‘external wall to ceiling’ control under Development Control Plan No 1 – LGA Wide - Section 4.1.3.3 Single Dwelling Houses.

3. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, as amended, the proposed development does not adhere to the minimum required ‘garage door width control’ under Development Control Plan No 1 – LGA Wide - Section 4.1.3.7 Single Dwelling Houses.

4. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, as amended, the proposed development does not meet the provisions of ‘balconies and terraces - visibility’ under Development Control Plan No 1 – LGA Wide – Section 4.1.3.6 Single Dwelling Houses.

5. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, as amended, the proposed development does not meet the objectives of ‘façade articulation’ under Development Control Plan No 1 – LGA Wide – Section 4.1.3.7 Single Dwelling Houses.

6. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, as amended, the proposed development does not meet the objectives of ‘design in context’ under Development Control Plan No 1 – LGA Wide - Section 4.1.2.1 Single Dwelling Houses.

7. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, as amended, the proposed development does not meet the objectives of ‘streetscape’ under Development Control Plan No 1 – LGA Wide - Section 4.1.2.2 Single Dwelling Houses.

8. Pursuant to Section 79C(1)(c) of the Environmental Planning and Assessment Act, 1979, as amended, the proposed development as submitted is not suitable to the site and provides an unnecessary and excessive design.

9. Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979, as amended, the proposed development is not in the public interest as it would create an undesirable precedent with respect to streetscape character on similar sites in the locality.

* * * * *


DECISION - DAC

THAT the matter be deferred for a redesign to comply with Council regulations and delegations be given to staff to determine if the proposal fully complies.

(Moved Councillor S McMahon / Seconded Councillor C Hindi)





APPENDIX


Print

DEVELOPMENT ASSESSMENT COMMITTEE
Wednesday, 8th December 2010

DAC133-10 PNS - 525 FOREST ROAD, PENSHURST - ADDITION OF A NEW REAR DECK AND A NEW CARPORT ON THE EASTERN SIDE TO THE EXISTING DWELLING, A NEW INGROUND SWIMMING POOL, CONSTRUCTION OF A NEW SECONDARY DWELLING AT THE REAR SOUTH WESTERN CORNER OF THE SITE AND THE CONVERSION OF AN EXISTING GARAGE INTO AN OUTBUILDING TO BE USED AS AN ENTERTAINMENT AREA TO SERVE THE PROPOSED SWIMMING POOL


Applicant

Ms K J Gillies

Proposal

Addition of a new rear deck and a new carport on the eastern side to the existing dwelling, a new inground swimming pool, construction of a new secondary dwelling at the south western corner of the site and the conversion of an existing garage into an outbuilding to be used as an entertainment area to serve the proposed swimming pool

Zoning

Zone 2 - Residential

Planning instruments applicable

Hurstville Local Environmental Plan 1994, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, State Environmental Planning Policy (SEPP) (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy (Affordable Rental Housing) 2009, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.5 Energy Efficiency, Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings, Section 5.9 Swimming Pools and Spas

Hurstville Local Environmental Plan 1994 interpretation of use

Dwelling house, ancillary structures to dwelling house, and a second detached dwelling

Owner/s

Ms Karen Jean Gillies

Existing development

Single storey dwelling house and detached garage

Cost of development

$130,000.00

Reason for referral to Council

Variation to DCP 1 and one submission received

Report author/s

Development Assessment Officer, Mr R Guirugis

File No

10/DA-276

Disclosure of political donations or gifts?

No



EXECUTIVE SUMMARY

1. The application seeks approval for the addition of a new deck to the rear of the dwelling, construction of a new single carport on the eastern side of the existing dwelling, a new inground swimming pool, construction of a new secondary dwelling at the rear south western corner of the site and the conversion of an existing garage into an outbuilding to be used as an entertainment area to serve the proposed swimming pool.

2. The proposal satisfies the provisions of Hurstville Local Environmental Plan 1994; however, contains one (1) variation to Development Control Plan No.1 in relation to the maximum height concerning the proposed carport.

3. There was one (1) submission signed by three (3) separate persons received in relation to the proposed development.

4. The site appears to have some minor unauthorised works in the form of brick columns for a possible pergola. They do not form any part of this assessment.


AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.
FURTHER THAT the matter be referred to Council’s Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 (as amended) in accordance with Council’s adopted Enforcement Policy.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval for the addition of a new deck to the rear of the dwelling, construction of a new single carport on the eastern side to the existing dwelling, construction of a new inground swimming pool, construction of a new secondary dwelling at the rear south western corner of the site and the conversion of an existing garage into an outbuilding used as an entertainment area to serve the proposed swimming pool.

The proposed works is scattered across the subject site and is best described by categorising it as follows.

New Carport

The proposed carport has an area of 30sqm consisting of 3 metres in width by 10 metres in length, to be located over the existing driveway along the eastern side of the site.

The carport has three (3) sides open from the north (front), east (side) and south (rear). The western side of the carport is to be attached to the existing dwelling.

The proposed carport will be setback by 250mm from the eastern boundary fence, 7.2 metres from the front boundary including 1.5 metres of which is behind the existing front building alignment.

The proposed roof is a flat skillion metal roof with 1 degree fall to the east.

The existing driveway over which the carport is proposed to be built extends south to an existing single garage located at the rear of the dwelling but not attached to it.

New Deck

The proposed deck is to be attached to the rear of the exiting dwelling facing south in lieu of an existing covered landing area and has steps leading unto the rear yard.

It has an area of 8.6sqm consisting of 2 metres in depth by 4.3 metres in width and will adjoin an existing attached laundry from the west.

The proposed deck will be elevated by approximately 1.6 metres above existing ground levels from the rear in order to be at grade with the existing floor level of the dwelling as a result of the slope in the land.

The deck will be covered by a flat skillion roof with a 1 degree fall to the south, surrounded by a 1m high aluminium balustrades and the rear façade of the dwelling will be altered to incorporate a new bi-fold door leading to the deck.

The proposed rear deck will have a distance of separation of 1 metre from the existing brick garage to the rear.

The site plan provided, prepared by CSA Drafting Services and dated 5 June 2010 shows a square concrete area, adjoining the rear of the existing dwelling, bearing the wording “Timber Pergola” over it. The concrete area is 7 metres by 7 metres and has dashed lines illustrating the alignments of the “timber pergola” which are 5 metres in depth by 7 metres in width.

The dashed line illustrating the width of the timber pergola extends to the east and is attached to the existing brick single garage.

Upon site inspection, it was observed that five (5) brick columns approximately 2.5 metres in height are spread out over the perimeter of the area in question with no roof or timber pergola over them.

To this end, it must be noted that apart from the description and observation mentioned above, the proposal makes no mention of a new proposed timber pergola to the rear of the dwelling. As such there will be no approval expressed or implied for a new attached timber pergola to the rear of the dwelling.

Conversion of the Existing Garage

The existing brick single garage is located on the eastern side of the site and behind the existing dwelling. It has a side setback from the eastern boundary fence of 500mm and 800mm from the proposed swimming pool fence behind it to the south. The external wall height of the garage is 2.4 metres and has a metal pitch roof.

The proposal seeks to convert the subject garage into an entertainment area designed to serve the proposed swimming pool. This will be achieved by replacing the existing roller door along the front façade by a 2.5 metre wide bi-fold door, the addition of another 2.5 metre wide bi-fold door to the southern opposing façade and the addition of a third bi-fold door, 3.7 metres wide along the western façade of the garage which will over look the proposed swimming pool and centre of the site.

The eastern façade of the garage will remain as a solid brick wall with an existing side setback of 500mm to the eastern boundary fence.

New Inground Swimming Pool

The proposed inground swimming pool has an overall area of 22.4sqm, 3.2 metres in width and 7 metres in length. It is setback by 3.1 metres and 2.6 metres from the eastern and western side boundaries respectively. A 1.2 metre high swimming pool fence is proposed to surround the swimming pool, setback by 1 metre from the coping edge from all directions. Access into the swimming pool area is proposed via a gate along the north western side of the swimming pool fence.

The proposed swimming pool will be situated behind the existing garage to the south and before the proposed secondary dwelling to be located at the rear of the property.

The depth of the pool progresses from 1100mm at the shallow end on the western side to 1550mm at the deep end on the eastern side.

The coping level of the swimming pool is 600mm (RL 49.05) above natural ground level (RL48.45) at the highest point (south eastern corner)

New Secondary Dwelling

The proposed secondary dwelling is rectangular in shape, has a floor space of 55.86sqm which contains one (1) bedroom, combined laundry and bathroom and a combined lounge/dinning and kitchen.

It is located towards the rear south western side of the property, setback by 1100mm from the western boundary side fence and has 3 metres rear setback from the southern boundary rear fence.

The proposed roof type is a hipped roof with concrete roof tiles. The external wall height of the proposed dwelling is 3 metres at the lowest point of the land (RL 47.45) and the overall height to the ridge is 4.2 metres.

The main entry door is located on the northern elevation of the secondary dwelling facing the principal dwelling together with a kitchen window. The eastern elevation of the dwelling which faces the yard itself contains two (2) sliding doors and one (1) window servicing the proposed lounge room and the bedroom respectively. The western elevation which faces the side boundary fence contains two (2) windows servicing the dining room and the bathroom with the provision of a 2500 litres rainwater tank located along that façade as well. There is only one (1) window along the rear southern elevation which services the laundry area.

The proposal seeks to collect the surface roof water from the secondary dwelling into two (2) absorption trenches 3 metres in length connected to a pump out pit which discharges the overflow to the street gutter via a pump system due to the slope in the land.


DESCRIPTION OF THE SITE AND LOCALITY

The site is a rectangular shaped site with a frontage of 12.8m to Forest Road and an area of 643sqm. The site is located on the southern side of the street. Existing is an elevated clad single dwelling house. This section of Forest Road is classified as a State Road.

Adjoining the site to the east is a single storey brick dwelling house and a single storey clad dwelling house to the west. Located at the rear of the site is a row of attached townhouses known as 156 Morts Road Penshurst. The area is generally residential in character.

The site has a slope from front (north) to rear (south) in the order of 4 metres.


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 permitted within the zone with consent. The proposal meets the zone objectives.

Clause 11A (3), (4) – Dual Occupancies

The provisions of the above clauses only permit an attached secondary dwelling and prohibit the construction of detached secondary dwellings.

In this regards, the provisions of Hurstville Local Environmental Plan 1994 are superseded by the provisions of the State Environmental Planning Policy Affordable Rental Housing 2009.

The proposed secondary dwelling satisfies the provisions of the SEPP which is later discussed in more details under the heading “State Environmental Planning Policy Affordable Rental Housing 2009” of this report.

Clause 14 - Tree Preservation Orders

There is no vegetation onsite proposed to be removed as a result of the proposed development. Notwithstanding, upon site inspection a tree stem was observed located at the rear of the existing garage, which appears to have been significantly lopped. No history of any applications regarding the removal or lopping of any trees was found in Council records.

Clause 15 - Services

The site is adequately serviced by the relevant utility services necessary to support residential development. The proposed dwelling can be accommodated over the existing infrastructure. The proposed swimming pool is to connect to the sewer line which currently traverses across the site approximately midway. Surface roof water collected from the secondary dwelling is proposed to be discharged into two (2) absorption trenches 3 metres in length connected to a pump out pit which discharges the overflow to the street gutter via a pump system due to the slope in the land.

Clause 22 - Excavation, filling of land

The excavation required for the proposed works including the swimming pool is not considered excessive and is unlikely to pose any detrimental effect on soil stability or drainage pattern.

The proposed drainage method has been amended during the course of the assessment in an effort to direct any overflow discharge to the street gutter via the previously mentioned pump out system. Hence it is not envisaged that the proposal will have any detrimental impact on the drainage pattern.

The proposal is considered satisfactory to the provisions of this clause.

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.

STATE ENVIRONMENTAL PLANNING POLICY (SEPP) (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

In accordance with this policy, all new residential dwellings and those seeking alterations and additions as identified under this policy require a BASIX certificate that measures the Building Sustainability Index to ensure dwellings are designed to use less potable water and are responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units.

The application is supported by a satisfactory BASIX certificate that satisfies the requirements for dwellings under this policy.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. As such, it is considered unlikely that the land is contaminated.

STATE ENVIRONMENTAL PLANNING POLICY AFFORDABLE RENTAL HOUSING 2009

The extent to which the proposed secondary dwelling complies with the provisions of the SEPP is illustrated in the table below.

SEPP Affordable Rental Housing 2009StandardProposalComplies
Division 2 (19)
Definition
Must be:
· Established in conjunction of a principle dwelling
· On the same Lot,
· Can be attached or detached
Ancillary to the principle dwelling

On the same Lot
Detached
Yes


Yes
Yes
Division 2 (20)
Land to which division applies
Zones R1 General, R2 Low density, R3 Medium density, R4 High density and R5 Large Lot residential ZonesR2 Residential Yes
Division 2 (22) (3)
Development May be carried out with a Consent
Total floor area of Principle dwelling + Secondary dwelling must not exceed maximum permitted

60sqm maximum area for secondary dwelling unless permitted to be greater under EPI
Proposed FSR is 0.22:1 including the secondary dwelling and the maximum permitted is 0.54:1

60sqm
Yes





Yes (55.86sqm)
NOTE: Division 2 (22) (4), (5) of the SEPP “Development may be carried out with consent states:” states that:


Whilst the site area or the provision of parking holds no weight for refusal, it is worthy to note that the subject site is greater than 450sqm which provides for a detached secondary dwelling to the rear of the property and maintains the provisions of two (2) car spaces onsite behind the building line.

2. Draft Environmental Planning Instruments

There are no drafts Environmental Planning Instruments that are relevant to the proposed development.

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

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING
DevelopmentStandardProvidedComplies
Single Dwelling House2 spaces for 3 bedrooms or moreTwo (2) car spaces providedYes (1)
Whilst the existing single dwelling garage is proposed to be converted into an entertainment area servicing the swimming pool, parking provisions are still achievable onsite behind the front building alignment for two (2) vehicles in a tandem fashion. The proposed carport will fully shelter one (1) vehicle whilst only partially shelter the second vehicle.


The proposal is considered to be satisfactory to the provisions Section 3.1 Car Parking.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY

The proposal satisfies the minimum required solar access and energy efficiency provisions in accordance with this section. A BASIX certificate satisfying the required score has been provided.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING


Single Dwelling House ControlsStandardProposed
Complies
Site Area643sqm
Yes
4.1.3.1 – Maximum Floor AreaGreater than 630sqm, less than or equal to 1000sqm = 0.54:1 (350.4sqm)196.122sqm 0.33:1
Yes
4.1.3.2 – Landscaping and Open Space Areas


Principal Private Open Space





Deep Soil Landscaping
Min. 40% of the total site area = 257.2sqm

* Min. 30sqm

* Min. 5m in any direction

* Ground level/behind building line

* Min. 20% of the total site area = 128.6sqm (Min. soil depth = 0.9m and min. width of 2m)

* Site width >12m, Front yard deep soil area = min. 15sqm
Landscaped area = 400.12sqm (62%)

Principal private open space = 40sqm
Dimensions = 6m x 8m

Yes


Deep soil landscaping =
222.19sqm 34.5%
all with min dimension of 2m and 900mm deep


Front yard = 45sqm
Yes


Yes

Yes

Yes


Yes





Yes
4.1.3.3 – Building Height

Max. Ridge Height

Max. Ceiling Height
9m above the existing ground level
7.2m above the existing ground level
5.7m unaltered

4m
Yes

Yes
4.1.3.4 – Setbacks

Front Setback (Building Line)

Side Boundary Setbacks (Basement and Ground Level)/
Eaves

Rear Setback
Min. 4.5m to front wall of dwelling

Min. 0.9m to boundary




Min. 3m for ground floor levels
Unaltered at 5.5m


3m from eastern side boundary to proposed deck at the rear


29m
Yes


Yes (1)




Yes
4.1.3.8 – Parking and AccessMin of 2 car spaces for 3 bedrooms or more and 1 space for 1 and 2 bedrooms

All required spaces behind the building line for sites equal to and greater than 12m

Carports and garages are not permitted forward of the building line in a new building
2 spaces provided



Both spaces are behind the building line



Proposed carport is behind the building line however, it is not a new building
Yes



Yes




Yes
4.1.3.9 – Visual and Acoustic PrivacyWindows offset by 1mAll windows have been offset and or obscured as far as the secondary dwelling is concerned.
In respect to the proposed elevated deck at the rear of the existing dwelling it opposes the solid wall of the adjoining dwelling to the east.
Yes
4.1.3.10 – Solar Design and Energy EfficiencyPrincipal private open space of both subject and adjoining building to receive a min. 3hrs direct solar access between 9am and 3pm in mid-winterAll adjoining private and open space will receive the minimum required sunlight with minimal changes to the existing shadow conditions as all proposed structures are of a single storey nature
Yes
4.1.3.12 – StormwaterTo comply with relevant: Council policy,
BCA and Australian Standard
Discharge via a pump out system to the Street gutter and via two absorption pits
Yes (2)
(1) Setbacks


This is to note that the side setback concerning the proposed carport is discussed in the “outbuilding” compliance table below. The abovementioned setback relates to the proposed deck.

(2) Stormwater

The proposed stormwater disposal system has been amended to incorporate the provision of a pump out pit which has its overflow pumped to the street gutter. Whilst this system is generally not preferred due to possible mechanical failure of the water pump, it is often satisfactory when the roof area in question is relatively small and where a charged system to the street gutter outlet is unachievable due to the slope in the land.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.6 OUTBUILDINGS

Note (1): The following table represents the numerical assessment of the proposed attached carport with reference to the height of the proposed secondary dwelling only.

Note (2): Apart from the proposed provisions of three (3) openings into three (3) separate elevations of the existing single garage, the structure remains unaltered as far as setbacks, heights and floor space are concerned. Hence this is not included in the following table. However, a mention is made relating to some of the impacts introduced by the proposed use of the subject outbuilding under the section titled “Impacts” later in this report.

OutbuildingsStandardProposalComplies
General Controls:
Complement existing dwelling
Not adversely impact on amenity of adjoining premises



Shall be in harmony with adjoining heritage premises


Where possible maintain trees
The proposed carport does not represent any amenity issues to the adjoining neighbour to the east

There are no heritage listed item on site or in the vicinity of the proposal

No trees are proposed to be removed
Yes




Yes



Yes
SizeOutbuildings greater than 80sqm determined by resolution of Council (DAC)

Where outbuilding is greater than 55sqm, it must be accompanied by a letter justifying the reasons for the size
51.4sqm total areas of outbuildings consisting of the existing garage and the proposed carportYes (1)
LandscapingFor outbuildings associated with single dwelling houses the minimum landscaped area is:

40% for other areas
The proposed carport will engage an already built up area currently occupied by the existing driveway. Available landscaped area = 400.12sqm (62%).Yes
External FinishesAll external finishes and claddings should be of low reflectivityThe proposed flat skillion roof can be conditioned to complyYes
HeightMaximum 3m from top plate to natural ground level
Heights in excess of 3m must be accompanied by a letter of justification
3.2m at south eastern corner of proposed carport

2.4m-3m for secondary dwelling
No (2)


Yes
Driveway Gradient/levels and car parkingAll driveway gradients must be in accordance with AS 2890.1(2004)As per the existing conditionsYes
Carports and AwningsDesigned in accordance with the BCA




No eaves or gutters may overhang the boundary

2 or more sides are open and at least one third of its perimeter is open

Roof cladding must be at least 500mm clear of the allotment boundary OR another building on the same allotment for a side to be considered open
Compliance with the BCA is covered under the standard conditions of consent to obtain a Construction Certificate

Eaves and gutters are not overhanging

2 sides (front and rear are open)


50% of its perimeter are fully open excluding the eastern side which is 200mm from the side boundary therefore the carport may extend to the proposed setback (200mm)
Yes





Yes


Yes



Yes
(1) Size


Note: The secondary dwelling is assessed under the outbuilding controls as far as its height is concerned, it cannot be included in the total areas of outbuildings as it is not defined as an ‘outbuilding’ under Section 4.1.5.2 Outbuildings and under the provisions of the SEPP (Affordable Rental Housing) 2009.

(2) Height

The proposed carport is 3.2 metres high from the south eastern corner only. This is unavoidable due to the gradual slope in the land from front to rear over the length of the carport (10.184m). Any attempt to lower this height will result in the front section of the carport being unable to accommodate a standard size vehicle at 2.1m high in accordance with the Building Code of Australia.

The proposed carport is not considered to pose any amenities issues to any of the adjoining neighbours.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.9 SWIMMING POOLS AND SPAS

Swimming Pools and SpasRequirementProposalComplies
Pool SitingInground swimming pool shall be built so that the top of the swimming pool is as close to the existing ground level as possible600mm above the natural ground level at the highest point (south eastern corner) due to the slope in the landYes
Side SetbacksPool edge must be set back at least 1.5m from any side or rear boundary2.6m at closest point from the western side adjoining boundary Yes
Setback from pool fencingSwimming pool edge must be at least 1m from pool fencing1m from all directionsYes
FillingFilling of land between pool and property boundary is not permittedNo filling is proposed Yes
NoiseThe position of the swimming pool and ancillary equipment must be minimised to reduce the impact of noise on adjoining neighboursFilter positioned approximately centre of the entire allotment and substantially setback from adjoining neighbouring dwellings Yes
Access to swimming poolsPart 2 of the Swimming Pool Act 1992, AS1926A fence has been provided around the perimeter in full and access is via a single gate on the northern side of the fence. Standard conditions of consent are included regarding child resistance devices and standards of constructionYes
Fencing and GatesThe location of fencing for private swimming pools must comply with one of the following options:
- Option A
- Option B
- Option C
Option A – No direct access to the swimming pool area from the building Yes
Design and Construction of Fencing- Fencing shall be no less than 1.2m at any point along the fence, on the outside of the fencing,

- Height of any opening between the bottom of the fence and finished ground level shall not exceed 100mm,

- Horizontal rails (horizontal members) shall not be less than 900mm apart,

- The top surface of the highest lower rail shall be at least 1.1m below the top of the fence,

- The clear space between any adjacent vertical rails such as palings, rods or wires shall not exceed 100mm at any point.
A standard condition of consent has been imposed to ensure that all these requirements are met during constructionYes
GatesGates must swing outwards away from the swimming pool area and be fitted with a latching deviceA standard condition of consent has been imposed to ensure complianceYes
Outside surfaceFences with horizontal members, projections or indentations must not act as a hold for climbingA standard condition of consent has been imposed to ensure complianceYes
As can be seen from the table above, the proposal complies with Section 5.9.


4. Impacts

Natural Environment

The proposed development in its current form does not require the removal of any trees and is not considered to pose detrimental impacts upon the natural environment.

The proposed stormwater disposal system has been amended to incorporate the provision of a pump out pit which has its overflow pumped to the street gutter. Whilst this system is generally not preferred due to possible mechanical failure of the water pump, it is often satisfactory when the roof area in question is relatively small and where a charged system to the street gutter outlet is unachievable due to the slope in the land. Also, the secondary dwelling is considered an ‘Affordable Housing’ option under the SEPP.

Built Environment

Streetscape

Apart from the proposed carport the remaining components of the development will not be seen from the street.

Whilst the proposed carport extends to the eastern side boundary with only 200mm side setback, it is considered to be consistent with the existing streetscape.

Design

The design of the secondary dwelling is considered to achieve adequate solar access and cross ventilation as it has a predominant north easterly aspect.

The proposed attached deck to the rear of the dwelling is also considered to be an improvement to the existing onsite conditions which consists of a small fibro clad landing area leading to the rear yard.

Overshadowing

Each single element of the proposed development is of a single storey nature which does not pose any detrimental overshadowing impact on the adjoining neighbours.

The proposed secondary dwelling towards the rear of the site has a distance of separation of approximately 10m to the adjoining multi unit development to the south. This maintains adequate solar penetration into the southern adjoining neighbouring windows.

Privacy

In respect to the secondary dwelling part of the development, privacy is considered to be preserved particularly to the southern adjoining properties which are considered to be most vulnerable in this regards due to the down slope in the land. The only window facing the subject properties is a laundry translucent window.

Further, it is considered that the placement of the secondary dwelling in its proposed location will shelter the southern adjoining properties from the clear line of sight that exist at present from the principal dwelling.

In respect to the proposed attached rear deck, there is no privacy issues envisaged from the eastern side as it opposes the solid brick wall of the adjoining dwelling and the line of sight is very limited due to the dense vegetation to the east.

In respect to the proposed conversion of the existing garage into an awning for entertainment purposes servicing the swimming pool area, a privacy breach is envisaged to occur as a result of the proposed provision of a bi-fold door along its southern elevation.

Due to the existing front to rear slope in the land, overlooking is easily obtained from the subject site to the front windows of the southern adjoining townhouses, as it is not obstructed from the secondary dwelling.

Although the existing garage currently has a window along its southern elevation, its current use as a garage does not constitute a privacy breach as much as it would should the outbuilding be converted to an “entertainment area for the swimming pool”.

In addition, the western elevation of the subject garage is considered to be the one (1) elevation that would predominantly provide the best outlook into the proposed swimming pool area.

Hence, deleting the proposed provision of a bi-fold door from its southern elevation is not considered unreasonable given that it would help preserve the privacy of the rear adjoining properties whilst maintaining the proposed and desired use for the occupants.

As such a condition of consent is included to ensure that apart from external finishes to the existing brickwork and or window along the southern elevation, no door openings shall be provided along that elevation.

Heritage

The subject property is not a heritage listed item or located within the vicinity of a heritage listed item.

Social Impact

There is no adverse social impact.

Economic Impact

There is no adverse economic impact.

Suitability of the Site

The site is considered suitable for the proposed development in terms of its size, shape, and topography. The site is not bushfire affected, does not contain acid sulphate soils, not affected by overland flow paths, or believed to contain contaminated land.

Unauthorised Works

It is unclear at this stage whether or not the previously mentioned “brick columns” located at the rear of the existing dwelling are new (unauthorised work) as they are not illustrated on the plans submitted or whether they are old existing brickwork as their colour and texture match that of the existing brickwork used for the foundation of the dwelling.

In addition, no application requiring the lopping or removal of any tree from the subject site was found on Council records which may clarify the existence of a large tree stem that appears to be significantly lopped located at the rear of the existing garage.

As such, it is recommended that the matter be referred to the Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.


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 (1) submission was received.

Stormwater drainage

The objector expressed concerns in relation to the capacity of the proposed retention pit provided for the secondary dwelling component and questions whether the principle dwelling has also has an extension pit. The objector is of the view that due to the increased roofed areas onsite, properties on lower ground than the subject site will flood.

Comment: The proposed stormwater disposal system has been amended to incorporate the provision of a pump out pit which has its overflow pumped to the street gutter. This is considered satisfactory to adequately drain the site as the roof areas in question is relatively small and where a charged system to the street gutter outlet is unachievable due to the slope in the land.

Removal of trees

Allegations are made concerning the systematic removal of trees from site prior to the lodgement of the subject Development Application in reference to camellia trees. The objector also highlights the need for these trees on site as a slowing mechanism to any stormwater runoff.

Comment: As previously mentioned the amended stormwater disposal system is considered to be satisfactory for the adequate drainage of the site. In reference to the removal of any trees prior to this application, upon site inspection, it became apparent that there is one (1) tree that has been significantly lopped located at the rear of the existing single garage.

Notwithstanding that, there is no prima facie as to when and how this has taken place.

Regardless, this matter is considered to be an enforcement matter and is outside the scope of this assessment.

Solar access

The objector is concerned about the possible shadow from the proposed secondary dwelling and suggestions to reduce its height.

Comment: The proposed secondary dwelling is of a single storey nature and is not considered to generate any adverse level of shadow more than what would be reasonably expected in a suburban setting.

Further, it is located 3 metres away from the southern boundary fence where also the adjoining townhouses to the south are setback by a further 7 metres from the southern boundary. Hence, the total distance of separation between the subject secondary dwelling and the adjoining town houses to the south is 10 metres.

In addition the overall height to the ridge of the secondary dwelling is 4.2 metres at its worst and 3 metres external wall height also at its worst (the lowest point on the land).

Reducing the height of this building is not considered to be an option as the external wall height starts at 2.4 metres from the northern end and finishes at 3 metres from the southern end. Therefore lowering it any further, will not be in accordance with the Building Code of Australia requirement for habitable rooms (from the northern end).

Privacy

The objector is concerned about loss of privacy from the secondary dwelling and in specific window 7 which was found to be wrongly scaled on the plans and suggests that the applicant replants some advanced trees to preserve privacy and that window 7 be made translucent.

Comment: The proposed secondary dwelling contains only a single window along its southern elevation (window 7), The dimensions of this window are 900mm in width by 600mm in height. This window is servicing the laundry area and is proposed to be translucent.

Noise

The objector is of the view that the position of the proposed secondary dwelling will result in an increase to noise pollution.

Comment: The proposed secondary dwelling is for habitable purposes. This use is not considered to generate offensive noise levels greater than one would reasonably expect from a residential dwelling in a suburban setting.

Council Referrals

No referrals were required for the subject development.


6. CONCLUSION

The proposal in its current for is considered satisfactory to the provisions of Hurstville Local Environmental Plan 1994 and generally complies with Development Control Plan No 1 with exception to the south eastern corner of the proposed carport being 3.2 metres as opposed to 3 metres.

This breach is considered negligible in nature and is directly related to the slope in the land. Lowering the height of the carport in this regards will result in the front section of the carport being lower than 2.1 metres which would not accommodate a standard vehicle height.

A privacy breach is envisaged to occur as a result of the proposed provision of a bi-fold door along its southern elevation of the existing garage. Due to the existing front to rear slope in the land, overlooking is easily obtained from the subject site to the front windows of the southern adjoining townhouses. As such a condition of consent is included to ensure that privacy of the southern adjoining neighbours is preserved by maintaining the southern elevation of this garage unaltered.

The proposed secondary dwelling is considered to be consistent with Council’s outbuilding controls and with the provisions of State Environmental Planning Policy (Affordable Rental Housing 2009).

The proposed pump out stormwater disposal system to the street gutter is considered satisfactory given that a charged system is not suitable due to the slope in the land.

The proposal makes no mention of a new proposed timber pergola to the rear of the dwelling a part from the wording “timber pergola” written on the submitted site plan. As such there will be no approval expressed or implied for a new attached timber pergola to the rear of the dwelling.

In general, the proposal is considered satisfactory with appropriate conditions of 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 10/DA-276 for the addition of a new rear deck and a new carport on the eastern side to the existing dwelling, a new inground swimming pool, construction of a new secondary dwelling at the rear south western corner of the site and the conversion of an existing garage into an outbuilding to be used as an entertainment area to serve the proposed swimming pool on Lot F DP 15533 and known as 525 Forest Road, Penshurst, subject to the attached conditions:

1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This consent is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.

Plan Number
Plan Date
Description
Prepared By
01 Rev AReceived 21 Sep 10Site planCSA Drafting Services
02 Rev AReceived 21 Sep 10Floor plansCSA Drafting Services
03 Rev AReceived 21 Sep 10Principle dwelling elevationsCSA Drafting Services
04 Rev AReceived 21 Sep 10Secondary dwelling and existing outbuilding elevationsCSA Drafting Services
07 Rev AReceived 21 Sep 10SectionsCSA Drafting Services
Sheet 01Received 21 Sep 10Landscaping planCSA Drafting Services
3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98B of the Environmental Planning and Assessment Amendment Regulation 2000.6. PR1 - Prescribed Conditions of Development Consent

This Clause does not apply where exemptions apply or to the erection of a temporary building.

Erection of Signs
This condition applies to residential building work within the meaning of the Home Building Act 1989, which must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of

If arrangements for doing the residential building work are changed while the work is in progress so that the notified information becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. These insurance requirements do not apply to Crown building work that is certified to comply with the technical provisions of the State's building laws.

7. TRGl - Tree Preservation Order

A Tree Preservation Order applies to all land within the City of Hurstville. The Hurstville City Council, at its meeting of the 28 February, 2001 resolved to make a new Tree Preservation Order under Clause 14 of the Hurstville Local Environmental Plan 1994. This is to ensure it is binding on all landowners.

Demolition Conditions

8. DE 1

(a) The demolition of the building must be carried out strictly in accordance with Australian Standard 2601-2001 - The Demolition of Structures.
(b) The demolition contractor must carry a current public risk insurance cover for a minimum of $10,000,000.00.
(c) For buildings containing asbestos sheeting or asbestos products, the demolition shall:
(i) only be carried out by persons licensed by the WorkCover Authority. The formal approval of the WorkCover Authority is required before commencement of work where the area of the sheeting or product exceeds 10 square metres. For more information phone WorkCover on 13 10 50 or visit www.workcover.nsw.gov.au.
(ii) comply with Council's Asbestos Policy adopted by Council on 23 March 2005 (as amended from time to time).. A copy of the Policy may be downloaded from the Development ... Site Management page of our website.
(d) Lead paint removal must no