EXECUTIVE SUMMARY1. The application seeks development consent for use of commercial premises for bridge club including internal fit out.2. The proposal has been assessed against the applicable statutory requirements and provisions of applicable Controls and generates a technical non compliance regarding car parking.3. The application was notified in accordance with the provisions within Development Control Plan No 1, in response two (2) submissions were received. 4. The application was deferred at the Development Assessment Committee meeting of 6 July 2011for the applicant to obtain Owner’s Corporation approval to have eight (8) of the unallocated parking spots within the development to this tenancy5. The applicant provided additional information on 10 August 2011 in justifying why they cannot satisfy the resolution of the Development Assessment Committee.AUTHOR RECOMMENDATIONTHAT the application be approved in accordance with the conditions included in the report and is also subject to a twelve (12) month trial period. A further application would be required to be lodged to continue the approved use before the expiration of the twelve (12) months from Occupation Certificate.REPORT DETAILBACKGROUNDCouncil gave consideration to a report on this matter at its Development Assessment Committee meeting of 6 July 2011 and resolved as follows: -
Please refer to the web site www.sydneywater.com.au for:
* Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building Developing and Plumbing then Building and Renovating.
(a) Not less than two (2) days notice of the date on which it is proposed to commence work associated with this Development Consent. (b) Details of the appointment of a Principal Certifying Authority (either Hurstville City Council or an Accredited Certifier). (c) Details of the name, address and licence details of the Builder.
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:
(b) 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.
Note: The owner of the building:
(a) must cause a copy of the fire safety certificate (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and
(b) must cause a further copy of the fire safety certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building.
The owner of the building:
(a) must cause a copy of the fire safety certificate (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and (b) must cause a further copy of the fire safety certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building.After Occupation/Ongoing Conditions
The annual fire safety statement must be to the effect that:
(a) in respect of each essential fire safety measure, such measure has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing:
The owner of the building must also cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner and as well cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.
1. The application seeks development consent for use of commercial premises for bridge club including internal fit out.2. The proposal has been assessed against the applicable statutory requirements and provisions of applicable Controls and generates a technical non compliance regarding car parking.3. The application was notified in accordance with the provisions within Development Control Plan No 1, in response two (2) submissions were received. RECOMMENDATION THAT the application be approved in accordance with the conditions included in the report and is also subject to a twelve (12) month trial period. A further application would be required to be lodged to continue the approved use before the expiration of the twelve (12) months from Occupation Certificate.DESCRIPTION OF THE PROPOSALThe application seeks development consent under the definition of ‘development’ (construction and use) under the Environmental Planning and Assessment Act 1979 (as amended) for use of commercial premises for a bridge club to be known as “The Southside Bridge Centre” (affiliated with the NSW Bridge Association and Australian Bridge Federation) including internal fit out. In detail, the proposal comprises of the following:Use* Use of premise as a community facility hosting bridge competitions,* Maximum capacity of up to one hundred (100) persons at any one time, (most times 24-40 people).Physical works* New kitchen bench unit (sink and cupboards),* New bathroom and internal bathroom walls,* Minor works (carpeting, sealing and painting).Proposed Hours of OperationCore Hours:Monday – Friday: 9.00am – 5.00pm Saturday - Sunday: 10.00am – 4.00pm(Evenings) Monday to Thursday: 7.00pm – 10.00pm (applicant agreed to reduce originally proposed hours until 10.30pm).Number of staffThe proposal seeks two (2) volunteers/employees.DESCRIPTION OF THE SITE AND LOCALITYThe subject site is legally described as Lot 4 in SP 80288 and is known as shop 4/47-67 Mulga Road, Oatley. The site is located within the Mulga Road, shopping centre with car parking located within the basement. The shop is located on the first floor and currently is vacant. The shop contains one (1) bathroom and two (2) balconies with a floor area of approximately 172sqm. Access to the shop is granted via one (1) entrance. The shop has two (2) allocated car spaces located within the basement.BACKGROUNDCouncil’s Senior Environmental Health and Building Surveyor
The existing uses and allocated car spaces within the complex result in four (4) car spaces designated for the subject site and vacant suite. It must be noted that the car parking for the whole complex adopted by the Land and Environment Court on the basis of patronage between the business uses results in fourteen (14) excess shared car spaces.The car parking which was adopted by the original proposal 04/DA-454 was considered to be adequate by the Land and Environment Court. Previous development applications within the complex have relied on the excess of the shared fourteen (14) car parking spaces to service the remaining retail/commercial uses. Should Council remain unsatisfied with regards to parking provisions for the proposed use, it is noted for the purposes of this assessment the proposed use is defined as club (general) under the RTA parking generation guide which is calculated at a rate of one (1) space per 18.5sqm per GFA. In this regard, the proposal would require ten (10) car spaces. The proposal generates a short fall of eight (8) car spaces as only two (2) have been allocated to this suite.A total of fourteen (14) car parking spaces have been allocated for the shared car parking within the whole complex. If the application would be supported, this would result in eight (8) of the shared car parking spaces to be used by the proposed Bridge Club, in peak times when necessary.In this regard it is considered that the proposal be approved subject to a trial period of twelve (12) months and conditions as attached.The proposal is supported on the basis that sufficient car parking is provided during both peak (daytime) and off peak (evenings) through the surplus of fourteen (14) car parking spaces available. In this regard, the proposal is not considered to generate any unacceptable material detrimental impacts.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 – CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGNThe proposal has been assessed against the applicable requirements within the subsection and is considered to comply with the intent of the applicable controls.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.9 WASTE MANAGEMENTThe proposal has provided a waste management plan and is deemed to be adequate in the removal, disposal and recycling of construction waste for the proposed works to be undertaken as part of this development application.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.5 – FOOD PREMISES.The applicant had advised Council that the premise will not involve the sale of food however the provision of coffee and biscuits will be provided. 4. ImpactsNatural EnvironmentThe proposed works are not considered to generate any unacceptable material natural environment impacts. Built EnvironmentThe proposed works are not considered to generate any unacceptable material built environment impacts. Social impactThe proposed works are not considered to generate any unacceptable material social impacts.Economic impactThe proposed works are not considered to generate any unacceptable material economic impacts.5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTERESTResidentAdjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. In response two (2) submissions were received however only one (1) raised any issues. These are discussed below.Impact on trading opportunityConcerns have been raised regarding that the proposed use could be alternatively accommodated within a conference room of a hotel, RSL Club or the like and that such a proposal may result in the use of an alternative use such as a tutoring centre which could only be set up in a commercial space.Comment: The proposed works are considered to be a permissible use subject to development consent. In addition, the proposed works adequately satisfy the objectives of the Draft SEPP (Competition) 2010 and is not considered to detract from other permissible commercial activities.Car parking, traffic and safetyConcerns have been raised regarding the extent of car parking required to accommodate the proposal and that the provision of the car parking spaces may detract from the viability of the two (2) vacant shops and existing businesses.Comment: The proposed works are considered not to generate any unacceptable car parking, traffic or safety impacts. The proposed use is not considered to generate unacceptable car parking impacts to neighbouring properties as the car parking is provided on site in the form of two (2) allocated car parking spaces and access to fourteen (14) shared car parking within the complex. The car parking required to accommodate the proposed use is considered not to detract from the viability in terms of car parking, of the two (2) vacant shops or existing businesses.Activities of ClubConcerns have been raised regarding the regulation of activities and clientele of the club and adverse impact to surrounding businesses. Comment: The proposal seeks development consent for the use of the premise as a bridge club and proposes the hours of operation as earlier addressed within this report which is considered not to generate any adverse impacts to the surrounding area or businesses. The use is permissible subject to development consent. The club is not a licensed premises and will not serve alcohol or partake in the sale of food with the maximum hours of operation until 10.00pm (latest) from Monday to Thursday. A condition restricting the premises to one hundred (100) persons maximum at one time has been imposed to reduce potential fire risk issues.Note: It is also noted that one (1) of the submissions requested information on the type of business was being proposed. Council contacted the objector via email and informed the objector that the proposed premise was to be used for a bridge (card) club. In response, no further concerns were received.Site suitabilityThe proposed works are considered suitable for the subject site.Public InterestThe proposal is considered to be in the public interest.Council referralsSenior Environmental Health and Building SurveyorThe proposal was referred to Council’s Senior Environmental Health and Building Surveyor and is supported subject to conditions of consent.Senior Traffic EngineerThe proposal was referred to the Traffic Section for comment. In response, Council’s Senior Traffic Engineer has made the following comments.
4. 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.
EXECUTIVE SUMMARY1. The application seeks approval for the demolition of existing dwelling and construction of a new two (2) storey dwelling house with a swimming pool and an elevated deck to the northern side of the property.2. The proposal satisfies the provisions of Hurstville Local Environmental Plan 1994, however it results in variations to Development Control Plan No 1 in relation to side setbacks and setback of swimming pool from a boundary fence.3. There were no submissions received in relation to the proposed development.AUTHOR RECOMMENDATIONTHAT the application be approved in accordance with the conditions included in the report.REPORT DETAILDESCRIPTION OF THE PROPOSALThe application seeks approval for the demolition of existing dwelling and construction of a new two (2) storey dwelling house with a swimming pool and an elevated deck to the northern side of the propertyThe proposed ground floor level contains all living areas, with provisions for a media room, two (2) bathrooms and double garage to the front. The layout of the ground floor level has been designed with an indentation along the middle of its northern wall for the provision of a semi inground swimming pool connected to wrap around covered deck which is accessed from the family room to the rear of the building.The proposed first floor level is setback from the ground floor front to the rear and southern side and contains five (5) bedrooms, two (2) bathrooms and a sitting room. The proposal has a hipped gable roof and the building is considered to be well articulated by means of multi tier roof design, portico entrance a various setbacks from the western (front) façade and the northern (side) façade where it addresses Council’s Public Reserve.DESCRIPTION OF THE SITE AND LOCALITYThe site is a rectangular shaped site with a frontage of 12.19m to Glen Road and an area of 579.7sqm. The site is located on the eastern side of the street. Existing on the site is a single storey fibro dwelling with an attached carport to the north side and a detached garage to the rearAdjoining the site to the north is Seaforth Avenue public reserve and two (2) storey dwelling house to the south. Located at the rear of the site is the rear yard of a single storey dwelling house fronting Seaforth Avenue. The area is generally low density residential in character.The site is located within the Foreshore Scenic Protection Area and has a slope from the rear south eastern corner to the front north western corner in the order of approximately 4m.COMPLIANCE AND ASSESSMENTThe 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 use is permissible within the zone. The proposal meets the zone objectives.Clause 14 - Tree preservation orders
The roof of the deck is on the northern side extends to the boundary. The roof of the deck is an extension of the ground floor main roof of the dwelling hence making it a part of the dwelling. The actual wall of the dwelling is setback 2.5m from the boundary at this point.Incorporating the roof of the deck into the main roof is considered to integrate well with the design of the dwelling and generally presents better when viewed from the adjoining reserve.This variation is considered negligible in nature and therefore is supported.(2) Solar Design and Energy EfficiencyAlthough the proposal at lodgement complied with the maximum 9m height, it has been amended in order to minimise the shadow impact.The overall height of the building has been amended from 9m in height to 8.3m. Whilst the overshadowing impact is considered inevitable due to the site’s east/west orientation, the reduction in the height of the building by 700mm is considered to have reduced the shadow impact from moderate to minor within reasonable parameters and is supported.As can be seen, the proposal complies with the provisions of the Single Dwelling controls.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.9 SWIMMING POOLS AND SPAS
The proposed design revolves around maximising the dwelling’s outlook to the north where the site adjoins Seaforth Public Reserve.The positioning of the proposed swimming pool and the associated fill along this side ensures good solar access and utilises the natural slope in the land so as to not to excavate unnecessarily. This has environmental benefits and does not result in an amenity impact in terms of privacy due to the site adjoining a public reserve.The non compliant setback for the proposed swimming pool is supported as a 1.5m setback from the northern side boundary will not make this area suitable for the intended use. Furthermore, it would result in further excavation to the rear of the property as an alternative location for the swimming pool. As such, alternative solutions that may achieve numerical compliance in this case are considered to pose more of an impact than the proposed variations. 4. ImpactsNatural Environment The proposal is not considered to pose any detrimental impacts on the natural environment. Conditions of consent are recommended for replacement vegetation to be replanted for the proposed removal of the trees. Stormwater is designed to discharge to the street via gravity.Built EnvironmentStreetscape The proposal is considered to contribute positively to the existing streetscape by providing a suitable and consistent design resembling other dwellings within the locality yet remaining distinctive in terms of its well articulated façade. The styles and material colours provided in the Schedule of Finishes are also considered to be acceptable and well suited to its surroundings.DesignThe proposed building form is considered to maximise the attributes of the site in terms of solar access and cross ventilation. It offers a symmetrical façade with a multi tiered hipped gable roof design.PrivacyThere are no detrimental privacy impacts that have been identified in the proposed design as the site adjoins a public reserve to the north where most of the windows have been designed to face this direction.Heritage The subject property is not a heritage listed item or located within the vicinity of a heritage listed item. Social ImpactThere are no adverse social impacts Economic Impact There are no adverse economic impactsSuitability of the SiteThe subject site is considered suitable for the proposed development in terms of its size, shape, and topography. The site is not identified as being bushfire affected, acid sulphate soils affected, flood affected or believed to contain contaminated lands. 5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTERESTResidentAdjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. There was no submission received in relation to the proposed development.Council Referrals Tree Management Officer No objections were raised subject to standard conditions of consent6. CONCLUSIONThe proposal satisfies the provisions of Hurstville Local Environmental Plan 1994.The proposed numerical variations to Development Control Plan No 1 concerning the setbacks of the swimming pool and the roof of the dwelling along the northern boundary are considered negligible as the subject site adjoins a public reserve and no adverse privacy impact is imposed. The proposal has been amended through the course of this assessment even though it was initially complying with the maximum height requirements, in an effort to minimise the shadow impact upon the southern adjoining property, predominantly caused by the east to west orientation of the site.The proposal in its amended form is considered to have reduced the shadow impact caused by the site’s orientation from moderate to minor within reasonable parameters limiting the cut in the land to the southern side of the site.As such, the proposed design is considered to fit well within its setting and have utilised the site’s attributes to the advantage of the development itself as well as the neighbouring property to the south.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 11/DA-136 for the demolition of existing dwelling and construction of a new two (2) storey dwelling house with a swimming pool and an elevated deck to the side of the property on Lot 30 DP 3230 and known as 1 Glen Road, Oatley, subject to the attached conditions:
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.
The work must be completed before the issue of an Occupation Certificate.
(a) Construct a 130mm thick concrete crossing reinforced with F62 fabric. (b) Replace all redundant laybacks with kerb and guttering, and redundant concrete with grass.
or alternatively:
A private contractor may carry out above work subject 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.84. If you need more information, please contact Development Assessment Officer Ramez Guirguis on 9330-6275 during normal office hours. * * * * *DECISION - DACTHAT the application be approved in accordance with the conditions included in the report.
EXECUTIVE SUMMARY1. The application seeks a Review of Council’s refusal of a Section 96 Modification Application for a first floor rear balcony on a dual occupancy development. 2. The proposal complies with the Hurstville Local Environmental Plan and Development Control Plan No 1.3. The balcony has been constructed without development consent.4. No submissions were received in response to Council’s notification of the Review.AUTHOR RECOMMENDATIONTHAT Council rescind its original determination and approve the application.REPORT DETAILDESCRIPTION OF THE PROPOSALThe application seeks a Review under Section 96AB of the Environmental Planning and Assessment Act, 1979 of Council’s previous refusal of a modification application for a rear first floor balcony on a dual occupancy development. The approved dual occupancy development comprises a two (2) storey dwelling fronting Myall Street and a one (1) and a half storey dwelling fronting Myrtle Street. The balcony subject of this Review is located on the rear of the dwelling fronting Myrtle Street. The balcony is accessed via a bedroom. The balcony has been built without development consent and has dimensions of 3.4m and 2.7m. It has been designed to be integrated into the roof below and has a solid balustrade. As part of the Review application the proposal has been amended in the following manner: * A 1.8m privacy screen has been included on the western elevation of the balcony,* An 800mm wide planter box incorporating.BACKGROUND 9 Nov 10 Development consent was granted for demolition of existing structures, construction of a detached dual occupancy and subdivision into two (2) Torrens title allotments. 9 Mar 11 A Section 96 modification application was lodged for approval of the unauthorised balcony.4 May 11 The Section 96 modification application was reported to the Development Assessment Committee who deferred consideration of the matter for a site inspection by Ward and interested Councillors. 8 Jun 11 Council’s Development Assessment Committee resolved to refuse the modification application and “balcony to be removed and reinstated to its original state in accordance with the approved plan”.15 Jul 11 Current Section 96AB Review of Determination application lodged.DESCRIPTION OF THE SITE AND LOCALITYThe subject site is located on the eastern side of Myall Street at the corner of Myrtle Street, Oatley. Myrtle Street has been closed off and only pedestrian access is permitted to Myall Street. The site has a frontage to Myall Street of 20.115m and a frontage to Myrtle Street of 50.29m and a site area of 1011.5sqm. The dual occupancy development, subject of this Review is under construction and is nearing completion.Adjoining the site to the south is a two (2) storey dwelling and to the rear of the site (facing Myrtle Street) is a two (2) storey dwelling. On the opposite side of Myall Street and Myrtle 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.COMPLIANCE AND ASSESSMENTThe development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979. ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979Section 96AB Review where modification application refused or conditions imposedThis Review has been undertaken in accordance with the provisions of Section 96AB of the Environmental Planning and Assessment Act, 1979. For the benefit of Councillors, the previous assessment report is attached at the end of this report.1. Environmental Planning Instruments HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994The permissibility of the development and compliance with the objectives and standards of the Hurstville Local Environmental Plan was established in the original development consent. This application does affect the acceptability of the development pursuant to the Local Environmental Plan.This application does not affect the original application’s compliance with any other environmental planning instrument.2. Draft Environmental Planning InstrumentsThere are no draft Environmental Planning Instruments applicable to this application.3. Development Control PlansThe balcony with planter bed and screening does not result in any additional non compliance with Development Control Plan No 1 from the originally approved development.4. ImpactsNatural Environment No impact. Built Environment PrivacyThe following condition was recommended as part of the assessment of the modification application:
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.
All building work must be carried out in accordance with the provisions of the Building Code of Australia.
In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorized to be carried out by the consent commences.
Notification of Home Building Act 1989 Requirements
(ii) the name of the insurer by which the work is insured under Part 6 of that Act
(ii) if the owner builder is required to hold an owner builder permit under the Act, the number of the owner builder permit
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.
The total community services and facilities contribution required and payable before release of the Construction Certificate is $2,982.00.14. 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.
(a) For events up to a 5% (depending upon the type of development) 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:
(b) 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 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 (c) 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.
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.37. BC1 - Construction Certificate - No work shall commence until you: (a) Obtain a Construction Certificate from either Hurstville City Council or an Accredited Certifier - a fee applies for this service; and (b) Lodge with Hurstville City Council any Construction Certificate obtained from an Accredited Certifier (together with associated plans and documents) - a fee applies for this service.38. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:
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.54. 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.
Council will provide a quote for this work upon request.
(a) Council's conditions and specifications, including payment of asphalt infill repairs. (b) Payment of Council's administration fee listed in our Schedule of Fees and Charges (c) No stencilled or coloured concrete may be used outside the boundary of the property.
The work must be complete before the issue of an Occupation Certificate.Before Occupation
This plan is to show the dividing wall as a brick party wall and is to create any easements for overhanging roof structures.83. SU151 - The Dual Occupancy shall be built and completed in accordance with the Conditions of Development Consent No. 10/DA-139 before release of the signed subdivision plans from Council.84. SU152 - An interim or final Occupation Certificate shall be obtained from the Principal Certifying Authority and submitted to Council prior to the release of the signed subdivision plans from Council.85. SU153 - All Section 94 Contributions and any other outstanding fees as per Conditions of Development Consent No. 10/DA-139 shall be paid prior to the release of the linen plan of subdivision.86. SU154 - Any service or drainage line from one lot which passes or will pass through the other lot shall have:
(a) A 1.0m wide easement for stormwater pipes, and (b) A service to have a 300mm wide easement created and registered over it.
These easements are to be pursuant to Section 88B of the Conveyancing Act.87. SU155 - 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 Section 73 Certificate must be submitted to the Principal Certifying Authority/Council before occupation of the development/release of the plan of subdivision.88. SU156 - A separate letterbox for each dwelling shall be erected and metal rivet-on type numbers installed to each letterbox. These numbers are to be no. 107 Myall Street for the dwelling facing Myall Street and no. 11 Myrtle Street for the dwelling facing Myrtle Street.89. SU157 - A Restriction of Use of the Land is to be created over each lot by Section 88B of the Conveyancing Act to ensure each dwelling erected on these lots and the landscaping and paving of each site is to be maintained in conformity with the conditions of any future development consent approved under Council's Dual Occupancy Codes and Requirements. This Restriction shall be worded as follows:
"No dwellings, including the landscaping and paving of each site shall be erected upon the lots burdened unless constructed, completed and maintained in conformity with the conditions of Development Consent No. 10/DA-139 as approved by Hurstville City Council or in conformity with the conditions of any future Development Consent approved under Council's Dual Occupancy Codes and Requirements."
Hurstville City Council is to be nominated as the Authority to release, vary or modify this Restriction.90. SU158 - A Positive Covenant is to be created pursuant to Section 88B of the Conveyancing Act, 1919 to ensure any on-site detention drainage facilities, together with any ancillary pipes, pits etc, be kept clean at all times, maintained in an efficient working condition and are not to be modified in any way without the prior approval of Council. This Covenant shall be worded as follows:
"It is the responsibility of the lots burdened to keep the "On-Site Detention" facilities, together with any ancillary pumps, pipes, pits etc, clean at all times, maintained in an efficient working condition. The "On-Site Detention" facilities is not to be modified in any way without the prior approval of Council."
Hurstville City Council is to be nominated as the Authority to release, vary or modify this Covenant.
To obtain a Subdivision Certificate, you must complete an application form for a Subdivision Certificate, pay the appropriate fee and submit the form together with any relevant plans and documentation for approval from Council.
(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.101. AD14 - If, in the future, separate ownership is sought for each dwelling, Cross Easements for support are required over the dividing wall as well as Rights of Carriageway, Easements for overhanging roof structures, drainage pipelines or services that pass from one lot into the other lot.102. A notice will be attached to future Section 149 Certificates indicating that the subdivision has been approved pursuant to the provisions of Council's Local Environmental Plan 1994.103. Notice in writing of the completion of the building must be provided to Council at least 48 hours prior to a final inspection being undertaken.104. Would you kindly contact Council's Manager - Development Advice, Mr Peter Green on telephone number 9330 6216 when the above conditions have been completed, so that an inspection may be made prior to release of the signed Subdivision plans.
a) All ensuite, laundry and bathroom windows containing translucent glazing.
EXECUTIVE SUMMARY1. The Section 96 application proposes to remedy unauthorised works to approved alterations and additions to an existing dwelling. 2. The unauthorised works are partially completed and the subject works comply with Council requirements under Development Control Plan No 1 – LGA Wide - Section 4.5 Single Dwelling Houses. 3. The proposal was notified and advertised in accordance with Council’s requirements with no objections received.AUTHOR RECOMMENDATIONTHAT 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 DETAILDESCRIPTION OF THE PROPOSAL
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.
(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
(2) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, and must be removed when the work has been completed.
(3) This clause does not apply to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
(4) These signage requirements do not apply to in relation to Crown building work that is certified to comply with the technical provisions of the State's building laws.
(i) Notified the Council of his or her 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
(b) Lodge with Hurstville City Council any Construction Certificate obtained from an Accredited Certifier (together with associated plans and documents) - a fee applies for this service.
18. 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: 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.21. 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.
(c) name of nearest cross street
(d) distance from nearest cross street
(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.
EXECUTIVE SUMMARY1. The application proposes the provision of a new roofed deck to the rear of the exiting single dwelling house and the provision of an above ground pool in the rear yard.2. The proposal complies in full with Council’s relevant controls.3. One (1) submission was received in relation to the original proposed development. One (1) submission was also received in relation to the amended plans. These submissions were by the same personAUTHOR RECOMMENDATIONTHAT the application be approved in accordance with the conditions included in the report.REPORT DETAILDESCRIPTION OF THE PROPOSALThe application seeks approval for the provision of a new deck and above ground swimming pool to the rear of the existing dwelling house. The new deck will replace and enlarge an existing deck area. The proposed new deck is to occupy an area of 62.07sqm in the form of an “L” at the rear of the existing single dwelling house. The majority of the new deck is proposed to be located between three (3) walls of the existing dwelling house (the rear of the existing dwelling house forms a “U” shape). The deck is proposed to be roofed with a colourbond roof, which is to follow an identical pitch to the roof of the existing dwelling house. As the deck and associated roof structure are located in between three (3) walls of the dwelling, the roof form above the deck will be a continuation of the existing skillion roof form above the southern side laundry and the northern wing of the dwelling. The above ground pool is to be located on the north eastern (rear) side of the site. The ovular pool is to be of maximum dimensions of 6.2m x 3.1m and is to be located a minimum of 3.7m from the nearest adjoining (side) boundary. The area around the pool is to be provided with new concrete pavers and the pool and paving is proposed to be fenced off with a 1200mm high metal pool fence.The existing trees in the rear yard are proposed to be retained as part of the proposed development.BACKGROUND Plans submitted with the application initially detailed the length of the swimming pool to run along an east-west axis. Amended plans were received re-orientating the pool length along a north-south axis, thereby resulting in the relocation of the pool closer to the rear (eastern) boundary. DESCRIPTION OF THE SITE AND LOCALITYThe site is a generally rectangular shaped site with a skewed rear boundary and a frontage of 18.595m to Maple Street and an area of 825.3sqm. The site is located on the eastern side of the street. Existing on the site is single dwelling house. The dwelling is two (2) levels at the street and single storey at the rear. The footprint of the dwelling house is in a “U” shape with the arms of the “U” facing east (towards the rear of the allotment).The allotment has a significant fall from the existing building footprint to the street. The rear yard experiences a fall from east to west. As such the southern and eastern neighbours to the subject site are considerably higher and have views down into the subject site. The adjoining allotment to the north is considerably lower than the subject site and therefore the rear yard of this property can be seen from the subject property.Two (2) significant eucalyptus trees are located in the rear yard, near the rear boundary.Adjoining the site on all sides are single dwelling houses. The area is generally residential in character.COMPLIANCE AND ASSESSMENTThe 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.1. Environmental Planning Instruments HURSTVILLE LOCAL ENVIRONMENTAL PLANThe land is zoned 2 – Residential and the proposed development is permissible in the zone. The proposal meets the zone objectives.Clause 15 – ServicesAppropriate provision of utility and stormwater disposal services is provided to the site in accordance with this section of the Local Environmental Plan. All stormwater may drain by gravity to Maple Street.GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENTThe 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 LANDThe 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 InstrumentsNo Draft Environmental Planning Instruments are relevant in relation to the current proposal.Any other matters prescribed by the RegulationsThe Regulations prescribe the following matters for consideration for development in the Hurstville Council area:DemolitionSafety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.3. Development Control PlansDEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 2.2 NEIGHBOUR NOTIFICATION AND ADVERTISING OF DEVELOPMENT APPLICATIONS The proposal has been notified in accordance with Section 2.2 of the Development Control Plan. The application was notified on two (2) separate occasions. One (1) submission was received during each period of notification. These submissions are addressed later in the report.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON-SITE DETENTION REQUIREMENTSThe disposal of stormwater may be satisfactorily conditioned so as to be in compliance with this section of the Development Control Plan. It is noted that the existing dwelling house drains by gravity to the street. It is considered that the proposal may be appropriately conditioned to ensure that the new roof area is to drain to the street gutter via the existing system.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSESAn assessment is provided in relation to the relevant controls under this section of the Development Control Plan shown in the table below. It is noted that the proposed roof form to be constructed above the proposed deck is considered to be a continuation of the roof form of the existing dwelling house and as such is required to be assessed under the relevant provisions of Section 4.1 of Development Control Plan No 1.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.6 OUTBUILDINGS
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.9 SWIMMING POOLS AND SPASThe application proposes a new above ground pool, associated paving and swimming pool fencing. An assessment of this part of the proposal is provided below.
4. ImpactsNatural Environment The proposal is unlikely to result in any negative impact on the natural environment. Built Environment The proposal is located in the rear yard of the subject site and is not visible from the street. As such it will have no impact on streetscape. When viewed from the topographically higher adjoining allotments to the east and south, the proposed roof area above the proposed rear deck will be the most visible element of the proposal. As the eastern and southern neighbours look down onto the new proposed colourbond roof, it is considered appropriate that this roof must be conditioned to be of low glare and reflectivity in order to reduce any potential impact on the adjoining neighbours.Social ImpactThe proposal is unlikely to result in any unreasonable social impact.Economic ImpactThe proposal is unlikely to impact on the local economy.Suitability of the SiteThe site is considered to be suitable for the proposed development. 5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTERESTResidentAdjoining 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 initial set of plans that was notified. Amended plans were renotified resulting in one (1) submission. These submissions are discussed below.Angle of RoofingThe neighbour has indicated that the angle of roofing will result in an increase of glare into their adjacent rear patio and sunroom. The submission has also indicated that this will result in their rear patio, sunroom and rear living areas being unbearably hot. The neighbour has requested a reduction in roof pitch to negate this issue.Comment: It is noted that the and southern and eastern neighbours of the subject site have views down on to the existing roof of the current dwelling house and the amount of roof that is visible from these adjoining allotments will increase as a result of the current proposal. With more roof area visible, there is some propensity for a roof with a reflective or glary finish to cause amenity issues to the adjacent neighbour. As such it is considered that the requirement for a condition of consent for the colourbond roof to be finished in a low glare/low reflective finish will satisfy this submission.Wind/Access to breezeThe submission has indicated that the proposed roof over the deck will block breezes from the north.Comment: The proposal is unlikely to result in an unreasonable amount of stifling of winds into the rear yard of the neighbouring property. As discussed in the Background section of the report, it is noted that the application was re-notified due to the reorientation of the proposed swimming pool. The amended plans also received one submission, raising identical issues to those stated above.Referrals No Council or external referrals were required in relation to the proposed development.6. CONCLUSIONThe application proposes the provision of a new rooved deck and aboveground swimming pool in the rear yard of the subject site. The application complies with Council’s Local Environmental Plan and Development Control Plan No 1.One (1) submission has been received in relation to the initial set of notified plans. One (1) submission was also received in relation to the subsequently notified amended plans. These submissions have been addressed in the report.The application is to be recommended for approval for the reasons in the report above.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 11/DA-127 for a new rear deck and above ground swimming pool on Lot 15 DP 251010 and known as 21 Maple Street, Lugarno, subject to the attached conditions:
(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.
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.70. If you need more information, please contact Development Assessment Officer Peter Nelson on 9330-6156 during normal office hours. * * * * *DECISION - DACTHAT the matter be deferred for one (1) month to allow the objector to submit further information for a report to Council
EXECUTIVE SUMMARY1. The proposal seeks modification of a development consent which was approved by the Land and Environment Court (Appeal No.11591 of 2004). The proposal seeks an extension of trading hours to an existing Coles Supermarket resulting in an additional one (1) hour between 7.00am – 8.00am and an additional two (2) hours between 8.00pm to 10.00pm on Sundays and Public Holidays.2. The proposal was notified in accordance with the provisions within Development Control Plan No 1 – LGA Wide – Section 2.2 Neighbour Notification and Advertising of Development Applications. In response, ten (10) submissions were received.3. The proposal was subsequently renotified to the surrounding properties as per the original notification in addition to Council’s list of objectors on Council’s file for 04/DA-454 for the original proposal. In response, (30) submissions and one (1) letter of support were received.AUTHOR RECOMMENDATIONTHAT the application be approved in accordance with the conditions included in the report.REPORT DETAILDESCRIPTION OF THE PROPOSALThe proposal the seeks the modification of Condition 94A of Land and Environment Court Approval (Appeal No.10505 of 2004) which restricted the Coles Supermarket hours of Operation as follows:- Monday to Saturday: 7.00am to 10.00pm- Sunday and Public Holidays: 8.00am to 8.00pmThe proposal seeks the following trading hours;- Monday to Sunday: 7.00am to 10.00pmTherefore the proposal seeks one (1) hour between 7.00am – 8.00am and an additional two (2) hours between 8.00pm to 10.00pm on Sundays and Public Holidays.No other works are proposed as part of this application.DESCRIPTION OF THE SITE AND LOCALITYThe subject site forms Lots 1 in DP 1123155, Lots 1-5 SP 80288 and Lots 1-11 SP 80289 and is known as Coles Supermarket which is centrally located on the ground floor of Oatley Shopping Village. The supermarket has eighty eight (88) allocated car spaces. Access into the Coles Supermarket is granted by the main central door as well as an entrance via ramp from the basement car parking levels below. Coles Supermarket is the largest tenancy within the complex which also includes a café, gym and residential uses.Surrounding development comprises of predominantly single storey dwellings of varying architectural styles and designs. Commercial shops are located along Mulga Road to the west. It is noted that surrounding existing restaurants within the immediate vicinity close at about 10.00pm on Sundays.COMPLIANCE AND ASSESSMENTENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED)Section 96AA Modification by consent authorities of consents granted by the Court
EXECUTIVE SUMMARY1. The proposal seeks approval for a Section 96 modification to remedy an unauthorised attic/roof space above the approved garage including a change to the slope of the roof space to fit into the building envelope.2. The proposed modification indicates a non compliance with the minimum side setback requirement of Development Control Plan No 1 and conditions are recommended to achieve compliance for the first floor, with the exception of the front parapet.3. The subject application involves a number of building works that have been undertaken without prior consent (including Construction Certificate), which include building works to the attic/roof space, internal and external alterations and demolition of the existing garage. 4. One (1) objection was received following the neighbour notification.AUTHOR RECOMMENDATIONTHAT 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 DETAILDESCRIPTION OF THE PROPOSALThe proposal seeks approval for a Section 96 modification to remedy an unauthorised attic/roof space above the approved garage including a change to the slope of the roof space to fit into the building envelope.In detail, a portion of the roof of the attic/roof space (for a distance of 1.7m from the southern wall of the roof space) is to be altered so that the uppermost ceiling of the southern wall is located at RL 34.05 with a roof pitch of 45 degrees.The front parapet to the attic/roof space is proposed to be retained with new balustrades for the windows on the façade of the attic/roof space. For the purpose of consistency of the definitions of an ‘attic’ and ‘roof space’, the attic in this report refers to the attic bedroom and ancillary roof space for the attic bedroom above the garage (with a minimum floor-to-ceiling height of 1.7m) and the roof space refers to the area with a floor-to-ceiling height of less than 1.7m.In detail, the unauthorised building works are as follows:* Increased external wall on the southern side of the garage and attic/roof space by 800mm at approximately RL 34.85 at the lowest point, from the approved eaves level (the eaves levels were calculated with the building envelope control of the previous single dwelling code - the initial approval complied with the building envelope control). * Unauthorised addition of a parapet for the front wall of the living room. This parapet has a height of approximately 500mm from the existing eaves level of the dwelling.* Garage – the finished floor level of the garage has been increased by 280mm to RL 30.98 (Datum to AHD). The floor-to-ceiling height of the garage has also been increased to 2.4m, from the approved 2.2m floor-to-ceiling height.* Attic/roof space - the finished floor level of the attic/roof space has been increased by 640mm to RL 33.74 (Datum to AHD). * The approved roof pitch of 29.4 degrees for the attic/roof space has been reduced to 21.8 degrees (these angles were taken from the eaves level and the ridge level). As a result of the reduced roof pitch of the attic/roof space, the uppermost ridge level has been reduced to 340mm from the originally approved ridge level of RL 38.47.* The dimensions of the attic bedroom and ensuite bathroom have been increased to 5.3m x 5.3m, from the approved dimensions of 4.78m x 5m.* Unauthorised addition of a laundry at the rear of the garage.* Unauthorised addition of three (3) windows to the façade of the attic/roof space above the garage.* Unauthorised building works were undertaken prior to the issue of a Construction Certificate.Accordingly, these unauthorised works will be referred to Council’s Building Control section as part of the recommendation.BACKGROUND14 Jul 09 Development Application 09/DA-158 for alterations and additions to the dwelling (ground floor rear extension, garage extension to provide a double garage and addition of an attic bedroom) was approved by Development Assessment Committee. No objections were received in relation to this initial application.31 Jan 11 Notice of ‘Stop Work Order’ was issued for the unauthorised building works.07 Mar 11 Building Certificate for the front portion of the dwelling was lodged to Council.15 Mar 11 General Penalty Infringement Notice was issued for the unauthorised works without Construction Certificate.31 Mar 11 Previous Section 96 application (2009/DA-158 Rev 01) was lodged to Council.8 Apr 11 Neighbouring residents were notified by letter and given fourteen (14) days, from 8 - 29 April 2011. One (1) objection with a petition containing thirty six (36) signatures to the proposal was received in relation to the proposal.20 Jun 11 Previous Section 96 application (2009/DA-158 Rev 01) was refused by Development Assessment Committee. This application was refused for the following reasons:
As previously mentioned the garage as built has the same setbacks from the front and southern side boundaries as what originally has been approved. However the attic/roof space was not part of the initial approval. If a new application was made for this portion of the attic/roof space a setback of 1.5m would be required. To achieve a compliance with the current Development Control Plan No 1 a condition has been recommended in this report to require a minimum setback of 1.5m for the southern wall of the attic/roof space above the garage. As a result of this condition, the southern wall of the attic/roof space will comply with the minimum side setback requirement for first floor additions of Development Control Plan No 1.(3) Solar Design The uppermost ridge of the attic/roof space has been reduced by 340mm from the approved ridge level. This reduction in ridge height for the attic/roof space changes the extent of overshadowing on the southern neighbouring property at 9am and 3pm.The solar access to the windows of the southern neighbour has been improved from what originally has been approved, especially at 3pm, when the southern neighbour’s windows are in shadow by the attic/roof space above the garage.The southern wall of the attic/roof space (behind the front parapet) as conditioned would have no adverse shadow impact on the southern neighbouring property at 12 noon. (This is the time when the sunlight hits the eaves of the attic/roof space rather than the ridge of the attic/roof space, because the sun has greater altitude angle than the roof pitch of 21.8 degrees, and given the 1.5m setback from the southern side boundary, there will be no impact.)In addition the front parapet of the attic/roof space would have a ‘minimal’ shadow impact as it only casts shadow on the driveway, front yard and front verandah of the southern neighbouring property.The above the proposed modification complies with the requirement of achieving a minimum 4hrs of sunlight for the private open space and solar collector of the southern neighbour. 4. ImpactsA general assessment of the impacts of the development has been undertaken against the matters for consideration under Section 79C(1) of the Act. The following comments are noted.Natural EnvironmentThe proposed Section 96 modification is not considered to have any additional impact on the natural environment from what originally has been approved.Built EnvironmentAs discussed earlier in this report, the proposed modification is not considered to have any adverse impact on the built environment for the following reasons:StreetscapeThe proposed modification is considered acceptable and is recommended to be approved for the reasons outlined earlier in the ‘Hurstville Local Environmental Plan, Clause (19)(4d) – Fore Shore Scenic Protection Area’ section of this report.OvershadowingAs discussed earlier in the ‘Development Control Plan No 1 – LGA Wide - Section 4.5.7 Solar Design’ section of this report, the proposed modification improves solar access to the southern neighbouring property from what originally has been approved and complies with Council’s controls. Social ImpactThe proposed modification remains as residential and is unlikely to have any additional social impact.Economic ImpactThe proposed modification has no apparent economic impact.Suitability of the SiteThe site is not affected by any known environmental risk factors and therefore the proposal is considered to be suitable for this site.Unauthorised WorksIn regard to the actual physical building works that have been carried out on the site, Council cannot grant retrospective approval for these building works, and thus these unauthorised building works can only be remedied with a Building Certificate. As such these unauthorised works have been referred to Council’s Building Control Section for appropriate action and the assessment of a Building Certificate.5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTERESTResident 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) objection was received in relation to this application and raised the following issues.Accuracy and details of plans and assessment of the previous applications and subject applicationComment: The concerns raised in relation to the assessment of the previous applications are noted, however, the main concern of the submission relates to the end result of the unauthorised building works that have been carried out.The assessment of the previous applications was determined on the submitted information and additional information that the applicant provided (ie plans to a measurable scale, survey plan, etc). The subject application has the minimum necessary information required for the assessment and appropriate conditions have been imposed to specify the maximum finished levels, setbacks and heights that comply with the relevant requirement of Development Control Plan No 1. The detailed plans, especially structural details have not been submitted and that is why the Construction Certificate was not issued by Council. Unauthorised building works and objection to the original approvalConcerns were raised in relation to the unauthorised building works that have been carried out on the subject site. Comment: The unlawfully built attic/roof space (with conditions recommended in this report) will have no adverse impacts on the adjoining properties and complies in full with the relevant Development Control Plan requirements, except for the front parapet that has no adverse impacts on the adjoining properties. As such the proposed modification on its merit is considered acceptable.The unauthorised building works and future construction works will continue to be investigated and inspected by Council’s Building Control section as part of the Construction Certificate application. The unauthorised building works will be referred to Council’s Building Control section for appropriate action as part of the recommendation.Obligation to consider Council’s previous unanimous decision of the previous Section 96 applicationA number of concerns were raised in relation to the decisions of the previous applications.Comment: Previous applications are not subject to further assessment and this report deals specifically with the current Section 96 application.Stormwater drainage systemComment: As mentioned in the ‘Hurstville Local Environmental Plan, Clause 15 – Services’ section of this report, a drainage condition has appropriately been imposed with the initial approval. The details of the drainage system are not required at this stage.Previous petition with 36 signaturesComment: This is a new application and no further petition was received with this application.Council ReferralsActing Manager – Building ControlCouncil’s Acting Manager – Building Control has examined the proposal and building works and has provided the following conditions and comments.
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, Mr K Kim on 9330-6263 during normal office hours.
EXECUTIVE SUMMARY1. The proposal seeks development consent for construction of new two (2) – three (3) storey dwelling with inclinator to rear. 2. The proposal has been assessed against the applicable controls and seeks the following variations to Development Control Plan No 1 maximum ceiling height, maximum height, ground floor and first floor side setbacks and maximum driveway width. These variations are supported on merit due to the site constraints.3. The application was notified and in response one (1) submission was received. Subsequently, amended plans were received by Council and were renotified. In response no submissions were received.AUTHOR RECOMMENDATIONTHAT the application be approved in accordance with the conditions included in the report.REPORT DETAILDESCRIPTION OF THE PROPOSALThe proposal seeks development consent for construction of new two (2) – three (3) storey dwelling with inclinator to rear. In detail the proposal comprises of the following works:* (Lvl 3 – upper floor) double garage, entry, single garage, study, living areas, rear balcony and outdoor covered dining,* (Lvl 2 – middle floor) rumpus, drying deck, four (4) bedrooms, bathroom, two (2) rear balconies,* (Lvl 1 – lower floor) walkway, internal stairs and inclinator,* Inclinator linking the rear (Lvl 1 - lower floor) of the proposed dwelling to the existing timber boat shed,* Driveway, 1m high balustrades along side elevations of driveway, associated building and landscaping works,* Removal of thirteen (13) trees and retention of eight (8) trees.BACKGROUNDFollowing Council’s initial assessment a meeting was held with the applicant to discuss issues of non compliance. In response, the applicant provided amended plans on 1 July 2011 proposing the following amendments to the original proposal.* Dwelling lowered by 1m and moved 220mm to the south and reconfiguration internal of stair case,* Dwelling reduced in size to comply with 1.5m side setback along the western elevation,* The single garage has been changed into carport,* Garage raised by 300mm, reducing the incline of the driveway,* Further details of the inclinator were provided. The amended plans were renotified in accordance with Council’s notification requirements. DESCRIPTION OF THE SITE AND LOCALITYThe subject site is legally described as Lot 1 in DP 1147559 and is known as 104 Moons Avenue, Lugarno which comprises of 827.8sqm. The site is considered to be a significantly sloping site (56.8 degrees over the depth of the proposed building footprint) and slopes from front to rear. The site is located on the northern side of the Moons Avenue. The site forms an irregular shaped allotment and contains a southern frontage width of 11.58m (fronting Moons Avenue) and has an access handle of 2.405m to the boatshed to the rear. The part of the site where the dwelling is proposed is approximately 14.6m in width. The site contains an average fall of approximately 28m through the middle of the site from the front boundary to the access handle to the rear. Several rock outcrops run across the centre and upper portion of the site. The site is located within the Foreshore Scenic Protection Area and is classified as Bushfire Prone land.An existing raised detached garage is located fronting Moons Avenue. A flight of stairs links Moons Avenue to the existing boat shed which is located towards the rear of the site which adjoins the water which forms Great Moon Bay. The site contains twenty one (21) trees and contains several rocky outcrops towards the middle and upper portion of the site. A sewerage easement intersects the site across the rear boundary.The surrounding area comprises of large multiple storey dwellings of varying architectural styles and designs located near the water off Moons Avenue (not visible from the street), with detached garages fronting Moons Avenue. The character of the streetscape is dominated by garages and driveways. It is noted that other sites which are located further east of the subject site generally contain a flatter northern portion of the site fronting Moons Avenue. There are no dwellings on the southern side of Moons Avenue within the immediate vicinity. The surrounding area comprises of a mixture of irregular allotments. A 1.83m pathway (fire access) adjoins the site along the western side boundary which runs the whole length of the site to Great Moon Bay.COMPLIANCE AND ASSESSMENTThe 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 1994The land is zoned 2 – Residential. Dwelling houses are a permissible use in the zone. The proposal seeks variations contained within Development Control Plan No 1 – LGA Wide, however on merit the proposal is considered to adequately meet the intent of the zone objectives. In this regard for the reasons further contained within this report the development is consistent with the Hurstville Local Environmental Plan 1994 (as amended).Clause 14 – Tree Preservation OrdersThe application seeks the removal of trees on site to accommodate the new dwelling and inclinator. It is noted that site only contains two (2) building on site, being of which a boat shed located on the low side and a detached garage fronting Moons Avenue on the high side. The subject site contains a total of twenty one (21) trees, of which thirteen (13) are proposed to be removed and eight (8) are to remain. The proposal seeks a relatively small building footprint located on the higher southern portion of the site which in effect results in the retention of trees on the lower portion of the site. The proposed inclinator will also result in loss of trees however it is noted that the inclinator path is direct and is necessary to provide access to the boat shed. The proposal was referred to Council's Tree Management Officer, in response, no concerns were raised regarding the removal of these trees. Suitable tree replacement is conditioned to offset the removal of trees to replenish the tree canopy and reinforce the treed landscape character of the area.Clause 15 – ServicesAdequate facilities for the supply of water and for the removal of sewage (via easement) and drainage are available to this land. Stormwater is to discharge to the rear of the site which is supported subject to conditions attached to the recommendation of this report. Clause 19B – Foreshore Scenic Protection AreaThe subject site is located within the Foreshore Scenic Protection Area. The application is seeking development consent for erection of a dwelling in land within this area and is located on a site with at least 500sqm. The proposed works are considered not to detract from the waterway or adjacent foreshore areas. The proposal does not impact on views from adjoining properties, public places to waterway and adjacent foreshore areas.The site slopes very steeply and the dwelling has been sited in towards the front of the site in order to retain as many trees as possible and to reduce excavation.The proposed use of materials comprising of colorbond roof sheeting, external cladding and structural steel beams are of a design and neutral colour which are considered to blend into the landscape and is sympathetic to the character of the area. The proposal is not considered to adversely affect the character of the locality and landscape open space further to this 59% of the site is vegetated. For the above reasons, the proposed works are considered to adequately satisfy the objectives and intent of the above clause.Clause 22 – Excavation, filling of landThe proposed works seek a maximum cut of approximately 2300mm to accommodate the lower floor/subfloor area and 1600mm to accommodate the middle floor rumpus room. A maximum fill of 2900mm is proposed to accommodate the proposed driveway platform fronting Moons Avenue. The applicant has provided a Geotechnical Report prepared by Auswide Geotechnical, dated 27 July 2010 (ref: AW 23041), which has supported the proposed works. The geotechnical report and recommendations contained within are to be conditioned to form part of any consent granted. The proposed works are not considered to generate any adverse material impacts regarding the disruption of existing drainage patterns as the site is to drain to the rear. The proposed design for the most part is elevated above natural ground level on steel beams and involves cut into the natural ground level to stagger the proposed living areas due to the significant slope of the site which falls 22.5m over the footprint of the dwelling. The proposed works are for residential development and will not result effect the likely future use or redevelopment of the land. In this regard, the proposal has adequately satisfied the intent of this clause.Clause 22A – Development on Land identified on Acid Sulfate Soils Planning MapThis clause applies to development within land identified within Council's Acid Sulfate Soils Map and as such applies to the subject site. The subject site is identified within Planning Map Category (2) however it is noted that the majority of the proposed works (dwelling) are located on the southern (upper portion of the site) by which is not affected by this clause. The proposed inclinator which is to service the proposed new dwelling and the existing boat shed located on the northern rear lower portion of the site is proposed to be located above natural ground level and does not involve significant excavation works likely to affect the water table.GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 - GEORGES RIVER CATCHMENTThe proposed works have been assessed against the provisions of the above policy and are considered to adequately satisfy the intent of the above.STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004The proposal adequately satisfies the aims of the policy to encourage sustainable residential development, ensures consistency of implementation of BASIX scheme throughout the state and overrides provisions within environmental planning instruments and Development Control Plans regarding similar obligation. The proposal adequately satisfies the provisions under SEPP BASIX 2004 and Clause 97A of the Regulation 2000 (as amended). A BASIX Certificate has been provided with the application therefore adequately satisfies the requirements of the SEPP.STATE ENVIRONMENTAL PLANNING POLICY NO 55 - REMEDIATION OF LANDThe subject site is zoned 2 - Residential and, given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated. In this regard, the proposed works are considered to adequately satisfy this policy.2. Draft Environmental Planning InstrumentsThere are no applicable draft Environmental Planning Instruments to be taken into consideration.3. Development Control PlansDEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING The extent to which the proposed garage complies with the car parking provisions is outlined in the table below.
The proposed works adequately satisfy the intent of the subsection. In addition, a BASIX certificate has been provided as part of this application and forms part of the consent, if approved.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.6 RAINWATER TANKSThe applicant has provided a 3000L rainwater tank located below the proposed garage. In addition, similar to the above, a BASIX certificate has been provided as part of this application and forms part of the consent, if approved.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.7 DRAINAGE AND ON SITE DETENTIONThe proposal provides adequate drainage and seeks to drain to the rear of the site. In this regard, the proposed works are supported subject to conditions of consent.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.9 WASTE MANAGEMENTA waste management plan prepared by MSB Design dated 15 April 2011 has been submitted as part of the development application relating to the disposal of waste, re use and recycling of materials. The proposal is considered to adequately satisfy the provisions under Section 3.9 Waste Management. The waste management plan is conditioned to form part of any approval.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.1 SINGLE DWELLING HOUSESThe proposal has been assessed against the requirements of Section 4.1 of Council’s Development Control Plan No 1 – LGA Wide as detailed below;
Clause 4.1.3.2 – Landscaping and Open Space requires a minimum of 15sqm of deep soil to be located within the front setback. The proposal does not seek to provide any deep soil within the front setback as the proposal seeks to construct an elevated platform to accommodate the driveway as the site significantly slopes from Moons Avenue down to the water. It is noted that the immediate vicinity comprises of garages with nil setbacks to the front and driveways which form the established character of the area due to the steep topography on this portion of Moons Avenue. The variation sought by the proposed works are supported due to the steep topography of the site which is not considered to generate any unacceptable material streetscape or amenity impacts or result in any unjustified or undesirable precedent.(2) Building Height
The discharge from the pipeline toward Georges River:
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:
(a) Set out 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.
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.80. If you need more information, please contact Development Assessment Officer, Mark Raymundo on 9330-6176 during normal office hours. * * * * * DECISION - DACTHAT the application be approved in accordance with the conditions included in the report.
EXECUTIVE SUMMARY1. This Section 96 application seeks to modify a development consent for alterations and additions to an existing dwelling including a timber deck, outbuilding and swimming pool.2. The Section 96 application proposes an increase in height of the approved swimming pool area with a corresponding increase in the associated deck and privacy screen. The provision of a spa and water feature to the pool is also proposed.3. The proposal results in a number of variations to Development Control Plan No 1 including pool height and fencing location.4. The proposal was neighbour notified twice. One (1) submission from the adjacent neighbours and one (1) submission from the solicitor representing the objecting neighbours were received in relation to the originally notified plans. One (1) objection was received in relation to the second set of notified plans. One (1) letter of support was also received during the second notification period. AUTHOR RECOMMENDATIONTHAT the application be refused for the reasons stated in the report.REPORT DETAILDESCRIPTION OF THE PROPOSALThe following table is a summary of the proposed amendments sought as part of this Section 96 modification.
The location of the swimming pool coping and the associated decking up to 1.66m above the existing natural ground level has not been justified as part of the proposed application. The supplementary Statement of Environmental Effects submitted in support of the application indicates that “the swimming pool is to be located on a position of the site that does not further require any cut or fill and is located as close to natural ground level as possible, minimising the requirements of geo-technical surveys, acid sulphates and dilapidation reports…” The proposed amendments to the pool to decrease the level of excavation required is not considered to be sufficient justification to warrant a positive consideration of a pool that at the worst point, adjacent to the southern boundary, will be 1.66m higher than natural ground level on the adjoining southern boundary. (2) Side SetbacksThe proposal seeks permission to provide a 900mm southern boundary setback to the swimming pool edge (1.05m from boundary to the water). The original application sought permission for a similar variation but was conditioned to comply on the original consent. The application and supporting documents have not detailed why the variation to the side boundary setback is required and no relevant site constraints can be witnessed that would justify this variation. As such the pool setback variation is not supported.(3) Setbacks from Pool FencingThe plans indicate an element of the pool fencing 300mm from the pool. This may be conditioned to comply in the event that the application is considered for approval. It is noted that the swimming pool edge (concrete upturn) forms the safety fence on the southern side of the pool. This is considered to be within the requirements of this section of the Development Control Plan No 1. 4. ImpactsNatural Environment The proposal is unlikely to have an impact on the natural environment. Built Environment In specific relation to acoustic privacy, the proposed increase in height and area of the deck to the western side of the swimming pool is considered to result in an undue loss of amenity to the adjacent southern neighbour.This deck is proposed to be introduced in a pedestrian trafficable area between the dwelling house and the swimming pool. The elevated timber deck with a privacy screen on the southern side and the brick wall of the dwelling house on the other will result in the reverberation of noise on the elevated timber deck and is likely to result noise carrying to the adjacent bedroom windows of the southern neighbour.Noise was not considered to be an amenity issue with the original proposal as the approved deck was at natural ground level immediately adjacent to the bedroom windows of the southern neighbour. The increase in height of the deck, resulting in a deck 900mm above natural ground level immediately adjacent to the bedroom windows of the adjacent southern neighbour is therefore considered to be inappropriate.In addition to this the south western access stair from the deck level to the pathway along the southern boundary will result in an overlooking issue. It is noted that a privacy screen cannot be installed in relation to this stair as any screen would block the use of the stair. As such the overlooking from this stairway would provide an unimpeded view into the bedroom windows of the adjacent side boundary neighbours. While these rooms are considered to be low use rooms, the necessity for the increase in height of the deck and provision of the stair has not been justified and is considered to be unnecessary. In that an unnecessary amendment results in an impact on privacy, it is considered that the proposal cannot be supported. Social ImpactThe proposal is not likely to result in an impact on society. Economic Impact The proposal is not likely to result in an economic impact.Suitability of the SiteThe site is suitable for this type of development.5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTERESTResidentAdjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Two (2) submissions of objection (both representing the southern neighbour) were received in relation to the initial notified set of plans. The amended plans resulted in one (1) letter of objection and one (1) letter of support. A summary of the issues raised that are specifically relevant to the current application and the latest set of amended plans are included below.Ground floor deckThe submission has questioned the need for the deck to be so close to the southern boundary and states that no justification has been provided for the decreased setback. Further object to no dimension being provided detailing the setback of the pool and deck from the side boundary. The deck is also argued to contribute to building mass and impact on their privacy.Comment: No justification for the increase in height of the deck has been provided with the application, however the plans do provide a dimension for the southern setback of 900mm. The proposed deck will not impact on visual privacy but will result in a loss of amenity in terms of acoustic privacy as detailed in the report.NoiseThe submission claims that noise from the deck “timber flooring and walls will reverberate…and cause…significant nuisance”. The submission further states that the necessity for the increase in height of the deck has not been justified and that the resultant impact is unreasonable.Comment: This comment is considered to be reasonable and is discussed in the report above.Pool LevelThe submission claims that an increase in the pool level will be a further variation to the requirement for inground pools to be as close to existing natural ground level as possible and will result in a further unnecessary variation to this control. The submission has also indicated that the application does not justify the proposed increase in levels proposed.Comment: The application proposes a further variation to the location of swimming pools adjacent to natural ground level. This comment is accurate and is discussed in the report.Pool SetbackThe submission indicates that no justification has been provided for the variation to the minimum required 1.5m setback required for the swimming pool.Comment: This comment is accurate. It is also noted that the original consent was conditioned to require a minimum 1.5m side boundary setback for the pool and associated deck. The current application is seeking to provide for a lesser side setback of 900mm and this decreased setback is not supported.Pool PrivacyThe submission indicates that the pool design and the deletion of the privacy screen will increase overlooking and will cause a noise nuisance.Comment: The deletion of the 1.6m high privacy screen along the pool and the replacement with a 300mm high pool upturn is considered to be sufficient to prevent overlooking from the pool into the neighbouring property. At the worst point at the shallow end of the pool, this 300mm upturn will provide a 1.5m high barrier (measured from the bottom of the pool) which is considered to be sufficient to prevent overlooking of the adjoining neighbour from the pool.Incorrect LevelsThe submission claims that the natural ground levels stated on the plans are incorrect.Comment: The natural ground levels stated on the proposed plans correspond with the original survey submitted in support of the application.Privacy Screen HeightThe submission indicates that the privacy screen will be equivalent in scale to a single storey house and will result in additional unnecessary overshadowing impacts on their adjoining pool area. The submission also claims that no details as to the materials used in the construction of the privacy screen have been provided and on the basis of height, scale and visual impact the proposal is unacceptable.Comment: The privacy screen will be at a significant height however the deletion of the screen along the edge of the pool as proposed will result in overshadowing being predominately from the existing dwelling house with negligible shadowing from the privacy screenInsufficient statement of environmental effectsThe submission indicated that the Statement of Environmental Effects does not properly discuss all the changes shown on the proposed plans.Comment: The natural ground levels stated on the proposed plans correspond with the original survey submitted in support of the application.Deck StairThe submission objects to the location of the access stair from the western side of the deck in relation to visual and acoustic privacy.Comment: This comment is accurate as a privacy screen cannot be provided in this area in order to allow for pedestrian access. The location of this stair directly adjacent to the adjoining bedroom windows will result in a privacy issue.Boundary Fencing and Retaining WallsThe submission makes extensive comment and raises objections to retaining walls and boundary fences.Comment: The plans/supporting information do not detail any changes to boundary fencing/retaining walls as part of the current application.StormwaterThe submission enquires as to the capacity of the drainage system to support the additional runoff from new paved surface areas.Comment: The open nature of timber decking permits on site infiltration and there is a negligible difference between the amounts of impervious surface proposed as part of the subject application compared to the original approval. As such the original assessment in terms of drainage is considered to be appropriate.CharacterThe submission claims that the previous natural character of the site has been transformed to an open, baron character and this will continue were a result of the current proposal.Comment: It is noted that the proposal is not yet complete and the requirement for replacement tree planting in line with an original condition of consent will provide for satisfactory planting in the rear yard.Letter in favour of proposalA letter of support has been received in relation to the south eastern fence indicating that this fence is appropriate and wants the fence to be retained.Comment: This is noted, however the fencing issue does not relate to the current application, as no fencing is proposed as part of the current application. 6. CONCLUSIONThe Section 96 application seeks permission to modify the original consent. The amendments include the increase in height of the swimming pool, pool deck and privacy screen and the provision of a new spa and pool water feature.The application results in negative impacts in relation to amenity in terms of visual and acoustic privacy for the neighbouring allotment. The proposal also results in a number of variations to Development Control Plan No 1 in relation to swimming pools.A total of three (3) submissions in opposition to the application and one (1) submission in support of the application were received during the two (2) notification periods.The application is recommended for refusal.RECOMMENDATIONTHAT pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application 08/DA-440REV01 for the increase the reduced level (RL) of the pool coping, deck and privacy screening on Lot 11 DP 663255 and known as 1 Elm Street, Lugarno, for the following reasons:
EXECUTIVE SUMMARY1. The application is for a Section 96 Modification to approved alterations and additions to existing dwelling and secondary dwelling including amendments to the layout of the secondary dwelling, the swimming pool and the demolition of the existing garage/outbuilding.2. The original consent was granted 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.3. The proposed modifications satisfy the provisions of Hurstville Local Environmental Plan 1994 and Development Control Plan No 1 and the development is considered to remain substantially the same.4. There was one (1) submission signed on behalf of three (3) residents received in relation to the proposed modifications.AUTHOR RECOMMENDATIONTHAT the application be approved in accordance with the conditions included in the report.REPORT DETAILDESCRIPTION OF THE PROPOSALThe original application involved 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 modifications that form the subject of this revision are as follows:* Alteration to the internal layout of the approved secondary dwelling to create a second bedroom within the south western corner and alter the location of two (2) windows.* Relocate the entry doorway of the secondary dwelling from the northern elevation to the western elevation.* Reposition both sliding doors along the eastern elevation of the secondary dwelling closer together with 250mm separation in lieu of the approved 450mm.* Construction of two (2) steps forward of the sliding doors along the eastern elevation of the secondary dwelling to enter the premise.* Reposition the child resistant swimming pool fence further north, closer to the principal dwelling by approximately 3.2m.* Demolish the existing garage previously approved to be converted into an entertainment area serving the pool area.* Demolition of existing brick piers at the rear of the dwelling.The proposed modifications will not alter the approved floor space ratio of either the principal or the secondary dwellings.The proposed modifications will decrease the approved overall footprint due to the demolition of the existing garage originally approved to be converted into an entertainment area.The development is considered to remain substantially the same as approved.BACKGROUND 8 Dec 10 Development application 10/DA-276 was deferred by Council’s Development Assessment Committee to a site inspection to determine the extent of an alleged unauthorised building works and that the matter be referred to the Manager – Building Control and a Penalty Infringement Notice was issued under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.23 Dec 10 Council granted consent for development application 10/DA-276.21 Jun 11 The subject Section 96 Modification application was lodged.27 Jun 11 Adjoining residents were notified by letter and given fourteen (14) days during which one (1) submission signed on behalf of several residents was received in relation to the proposed modifications.DESCRIPTION OF THE SITE AND LOCALITYThe 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. Existing on site is the principal dwelling with recladded rear facade and new bi-fold doors as per the original application. No further work or demolition was undertaken since the original approval.COMPLIANCE AND ASSESSMENTThe development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" and Section 96 of the Environmental Planning and Assessment Act 1979. The relevant issues raised are discussed below.HEADS OF CONSIDERATION IN ACCORDANCE WITH SECTION 96 OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
There are no drafts Environmental Planning Instruments that are relevant to the proposed development.Any other matters prescribed by the RegulationsThe Regulations prescribe the following matters for consideration for development in the Hurstville Council area:DemolitionSafety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.3. Development Control PlansDEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 CAR PARKING
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 EFFICIENCYThe proposal satisfies the minimum required solar access and energy efficiency provisions in accordance with this section. An amended BASIX certificate satisfying the required score has been provided. DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLINGNothing in this modification application affects the compliance under Development Control Plan No 1 of the development as originally approved.DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.9 SWIMMING POOLS AND SPAS
4. ImpactsNatural Environment There will be no further impact imposed upon the natural environment than what was originally proposed and approved as a result of the proposed modifications. Built Environment StreetscapeThe impact on the streetscape remain unaltered from the approved design as the proposed modifications will not viewed from the street.DesignThe proposed modified layout of the secondary dwelling is considered to achieve adequate solar access and cross ventilation as it has a predominant north easterly aspect.The proposed relocation of the swimming pool further north achieves an adequate distance of separation to remain clear from the zone of influence of the sewer pipeline traversing across the land.OvershadowingThe proposal as approved was considered to have minimal shadow impact with all adjoining properties receiving the minimum required solar access due to its single storey nature.In addition, the proposed modifications are considered to further improve the shadow impact upon the site itself by demolishing the existing detached outbuilding.PrivacyThere is no privacy impact as a result of the modification.Heritage The subject property is not a heritage listed item or located within the vicinity of a heritage listed item.Social ImpactThere is no adverse social impact Economic Impact There is no adverse economic impact.Suitability of the SiteThe 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.5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTERESTResidentAdjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. There was one (1) submission signed on behalf of three (3) residents received in relation to the proposed modifications.Unauthorised Building WorkThe submission received indicated that the development should not have been approved originally as a result of the unauthorised building work that took place previouslyComment: The unauthorised building work in question including the removal of one Liquid Amber Tree from the rear yard of the subject site has been referred to the Manager – Building Control whom have taken appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 (as amended) in accordance with Council’s adopted Enforcement Policy as part of the original approval granted (10/DA-276).Notwithstanding, this issue is considered to be outside the scope of the subject Section 96 application as appropriate action has been taken in this regards.PrivacyThe submission received indicated that privacy is remaining a concern as a result of the proposed development.Comment: The detached outbuilding that was originally approved is proposed to be deleted, further to this the secondary dwelling at the rear of the site, contained a small window with translucent glass along its rear façade which was serving the laundry/bathroom area. Given that the subject modifications introduces a new modified internal layout for the secondary dwelling, this area would now be serving a bedroom with provisions for a window to its western elevation, hence it is considered that the rear facing window is now no longer required.As such, the applicant was requested to delete the subject window and provided amended plans with no provisions of any windows along the southern elevation.This is considered a reduction in privacy impact to what was originally approved.DrainageThe submission received highlighted some concerns regarding the build up of moss from the rear of the site as a result of previous tree removal and inadequate stormwater discharge Comment: The proposed modifications do not alter the approved stormwater discharge system.The stormwater disposal system has been approved 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 a charged system to the street gutter outlet is unachievable due to the slope in the land.Existing Brick Piers and possible further extension to the rear of the houseThe submission highlighted some concerns regarding some existing brick piers onsite and the possibility of them being used for further extension to the dwelling.Comment: The extension of the existing dwelling does not form a part of this application, notwithstanding this the subject piers are proposed to be demolished as part of this application.Council Referrals No referrals were necessary for the proposed modifications.6. CONCLUSIONThe proposed modifications satisfy the provisions of Hurstville Local Environmental Plan 1994 and Development Control Plan No 1 and the development is considered to remain substantially the same development as to which consent was granted.The subject modifications are not considered to exacerbate the impacts upon the natural or built environment.RECOMMENDATIONPursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, as amended, development consent 10/DA-276 granted on 23 December 2010 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, is amended in the following manner. The conditions that are amended are Condition 2, 16 and 56 and are in bold.
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.79. If you need more information, please contact Development Assessment Officer Ramez Guirguis on 9330-6275 during normal office hours. * * * * *DECISION - DACTHAT the application be deferred for a site inspection.
EXECUTIVE SUMMARY1. The application seeks permission to demolish the existing structures and construct a residential flat building containing five (5) x (3) bedroom and one (1) x two (2) bedroom units with basement car parking area, associated sewer works to adjoining properties, and strata subdivision into six (6) lots.2. The proposed development has been assessed against the requirements of the relevant planning instruments and development control plans and does not comply with the requirements of Development Control Plan No 1 in terms of street frontage, side boundary setbacks, and location of private open space.3. The application was notified/advertised in accordance with Council’s requirements and no submissions were received in reply.AUTHOR RECOMMENDATIONTHAT the application be approved subject to the conditions included in the recommendation.REPORT DETAILDESCRIPTION OF THE PROPOSALThe application seeks approval for the demolition of the existing structures and construction of a three (3) storey residential flat building containing five (5) x three (3) bedroom and one (1) x two (2 bedroom) units with basement car parking area, associated sewer works to adjoining properties, and strata subdivision into six (6) lots. A lift is provided to all levels. Specifically the development involves:Basement* Twelve (12) residential car spaces (eight (8) in a stacked arrangement)* Two (2) visitor car spaces (including a car washing area)* Lift, stairs, meter room, cleaners room, bicycle room, and storage areasGround floor* One (1) x three (3) bedroom unit. The unit has three (3) bedrooms, living room, dining room, kitchen, laundry, bathroom, media alcove, ensuite to bedroom 1, private open space in the form of a courtyard off the living room.* One (1) x two (2) bedroom unit. The unit has two (2) bedrooms, living room, dining room, kitchen, laundry, bathroom, study, ensuite to bedroom 1, private open space in the form of a courtyard off the living room.* Lift, stairs, foyer area* Waste facilities areaFirst floor* Two (2) x three (3) bedroom units. Each unit has three (3) bedrooms, living room, dining room, kitchen, laundry, bathroom, media alcove, ensuite to bedroom 1, private open space in the form of a balcony off the living room.* Lift, stairs, foyer areaSecond floor* Two (2) x three (3) bedroom units. Each unit has three (3) bedrooms, living room, dining room, kitchen, laundry, bathroom, media alcove, ensuite to bedroom 1, private open space in the form of a balcony off the living room. The centre of the ceiling to this floor has clerestory windows for additional solar access.* Lift, stairs, foyer areaSewer WorksThere is an existing sewer pipe which transverses the site towards the rear of the site. It is proposed to relocate this sewer line further to the rear of the site so that it sits under the landscaped open space area and not under the basement level. The relocation of the sewer pipe will require some works to the adjoining developments at 22 Macquarie Place and 24A-26 Macquarie Place. The owners of these sites have provided their consent to the proposed sewer works.Strata SubdivisionThe application proposes the strata subdivision of the proposed development. Draft strata plans have been provided which show the allocation of car parking, private open space, storage areas, and common areas in accordance with the proposed development.BACKGROUND1 Jul 09 The Development Assessment Committee refused an application (09/DA-39) for a residential flat building on this site. The proposal resulted in several non compliances with Development Control Plan No 1 including density.9 Dec 09 The Development Assessment Committee refused a Section 82A Review of Determination application on 09/DA-39. A subsequent Appeal was lodged by the applicant.9 Feb 10 The Land and Environment Court upheld Council’s refusal of the application primarily due to density and landscaping non compliances.14 Jul 11 Current application lodged.