Lane Cove Council
Inspection
Committee
AGENDA
DATE OF MEETING: 1 September 2007
LOCATION: On Site
TIME: 8:30AM
Important Information
The
Inspection Committee inspects sites in order for Councillors to inform
themselves and listen to any person who has an issue or concern about the
proposal. It is appropriate that any
debate and decision take place at a Council Meeting, not onsite.
Councillors
enter premises at the invitation of the property owner/occupier, and Council encourages
the property owner/occupier to allow relevant third parties to accompany the
Committee on its inspection.
The
Committee is governed by Council’s Code of Meeting Practice, and no recording
of the meeting is allowed.
Lane
Cove Council business papers and minutes are available on Council’s website www.lanecove.nsw.gov.au. Copies of attachments are available at the
Customer Service Counter, Lane Cove Council, Lane Cove Library and
INSPECTION
COMMITTEE |
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SEPTEMBER 2007 |
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Environmental Services Division Reports
1. Environmental Services Division Report
No. 26
SUBJECT: 10, 12 & 12A
***** END OF AGENDA *****
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1
SEPTEMBER 2007 |
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Inspection Committee
at the Meeting 1 September
2007
28 August 2007 to Inspection Committee
Environmental Services Division Report No. 26
Subject: 10, 12 & 12A
Record No: DA06/388-01 - 24593/07
Author(s): May Li
Property: 10,
12 & 12A
DA No: 388/2006
Date Lodged: 22
December 2006
Cost of Work: $5,500,000.00
Owner : D Fite & D Lowes
Author: May
Li
DESCRIPTION OF
PROPOSAL TO APPEAR ON DETERMINATION |
Demolition of all
existing structures including a heritage item except an in-ground swimming
pool at 10 Poole Street, construction of two detached dwelling houses and
associated structures, consolidation and boundary adjustment |
ZONE |
2(a2) – Residential |
IS THE PROPOSAL
PERMISSIBLE WITHIN THE ZONE? |
Yes |
IS THE PROPERTY A
HERITAGE ITEM? |
Yes. |
IS THE PROPERTY
WITHIN A CONSERVATION AREA? |
No. However,
the subject site is located in vicinity to other heritage items: |
DOES DCP 1-
BUSHLAND APPLY TO THE PROPERTY? |
No |
BCA CLASSIFICATION |
Class 1a, 10a and 10b |
STOP THE CLOCK USED |
Yes - 182 days |
NOTIFICATION |
Neighbours Ward Councillors A
Smith, K Freedman, & J Hassarati Progress Association Longueville
Residents Association The development proposal was also advertised on
North Shore Times newspaper in January 2007. |
REASON FOR REFERRAL:
The development application has been called by
Councillor Smith and Freedman due to the land use concerns.
EXECUTIVE SUMMARY:
The proposed
development involves demolition of all existing structures including a heritage
item at
The existing dwelling
house known as Derwent House located at
The existing dwelling
house with an in-ground swimming pool located at
The design of the
proposed dwelling houses does not comply with the Lane Cove Code for Dwelling
Houses relating to cut and fill, floor space ratio, and the set back of above
ground swimming pool requirements.
15 of 16 submissions
received relating to the proposed development raised objections to demolition
of the heritage building. The owners of
the adjoining properties of 1 and
The potential loss of
an identified heritage item of significance to the Lane Cove area must be
actively considered by Council as a separate issue to the merit of the proposed
structures. The proposed development in its current format is not supported.
SITE:
The subject site is
located at the southern side of
It comprises the
following titles:
Lots 1 & 2, DP
333694 is known as
The land falls
gradually from
Surrounding
developments comprise dwelling houses and the
Refer to AT1 for the Neighbour Notification Plan
of the site.
PROPOSAL:
The
proposal is detailed as follows:
- Demolition
of all existing structures including the heritage item, except the in-ground
swimming pool at
- Consolidation of the land of 10 and
12A
- A boundary adjustment between 10 and
- Construction
of a dwelling house on the consolidation land of 10 and 12A
The northern pavilion would be a three storey structure containing a
play room, terrace, a sculpture pool and storage rooms on the lower ground
level; an arrive podium, laundry, guest room and linen storage room on the
ground level, gym, steam room, massage, two offices, a library, a bar and
toilets on the first floor level.
The centre pavilion would be a two storey structure containing a family
room and kitchen on the lower ground level, 4 bedrooms with bathrooms and
gallery on the ground level.
The southern pavilion would be a two storey structure with basement
containing three parking spaces, cellar, plant room, store, lift and water
tanks storage area on the basement level, foyer area, covered decks, bar
cellar, sitting room, dining room/library and reflection pool on the ground
level, master bedroom with bathrooms, sitting room, walk-in robes, bar and a
32m length above ground lap swimming pool on the first floor.
The gross floor area of the dwelling house at
- Construction
of a dwelling house on 12 Poole Street containing a squash court, storage and a
toilet on the lower ground level; an entry, two bedrooms, living room, and a
bathroom on the ground floor, two bedrooms with bathrooms on the first floor.
There is no on site parking provision proposed for the dwelling house
within the boundaries of
The gross floor area of the dwelling house is approximately 319m2 and the FSR is 0.51:1.
Refer
to AT2 for the architectural plans
of the proposed development.
PREVIOUS APPROVALS/HISTORY:
There has been no
previous development applications lodged for 10 and 12A
Development
Application No. 160/1999 for demolition of the existing dwelling house and
construction of a new two storey dwelling house at
PROPOSAL
DATA/POLICY COMPLIANCE:
The dwelling house at 10 and 12A
Total site area of 3819.8m2 including of 202.88m2
access handle area. The calculations for
floor space and site area have excluded the whole width of the access
handle.
Site Area (3566.92m2)
|
PROPOSED |
CODE |
COMPLIES |
Floor Space Ratio (max) |
0.52:1 |
0.5:1 |
No |
Soft Landscaped Area (min) |
39% |
35% |
Yes |
Side Boundary Setback (min) |
1.5m |
1.5m |
Yes |
Overall Height (m) (max) |
7.7m |
9.5m |
Yes |
Ceiling Height (m) (max) |
7.0m |
7.0m |
Yes |
No of Storeys |
3 However, the lower ground
level is under the natural ground level |
2 from natural level |
Yes |
Building Line (max) |
N/A |
7.5m |
N/A |
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The proposed dwelling house is
17m away from the foreshore setback line established by line drawn from two
adjoining neighbouring developments. The new pool shed is proposed
at the same location of the existing pool shed. |
Foreshore Setback line
established by line drawn from neighbouring development |
Yes |
Cut and Fill (max) |
3.7m |
1m |
No |
Deck/Balcony width (max) |
3m |
3m (if elevated by >1m) |
Yes |
Solar Access (min) |
The proposed building does not
shadow any of the north facing windows of the adjoining properties by more
than 3 hours |
3 hours to north elevation |
Acceptable |
FENCING
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PROPOSED |
CODE |
COMPLIES |
Height (max) |
884mm |
900mm |
Yes |
% Open Where > 900mm in
Height (min) |
N/A |
50% |
N/A |
Setback From Front Boundary
if >900mm in height (min) |
Nil |
1m |
N/A |
Splays |
Nil |
1m |
N/A |
SWIMMING POOLS
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PROPOSED |
CODE |
COMPLIES |
Concourse Edge to Neighbour’s
House (min) |
More than 3m |
3m |
Yes |
Setback from boundary if
concourse is <500mm above natural ground level (min) |
N/A |
900mm from internal face of
pool 450mm from edge of concourse |
N/A |
Setback from boundary if
concourse is >500mm above natural ground level (min) |
1.6m |
900mm from edge of concourse |
Yes |
Setback from boundary if
concourse is >500mm above natural ground level and adjoins public open
space (min) |
1.6m |
1:1 setback measured from
concourse edge |
No |
Height (max) |
3.6m |
1800mm |
No |
Setback if height is
>1800mm (min) |
1.6m |
1:1 setback measured from
concourse edge |
No |
Screening of facade where >
1.0m above ground level? |
Screen proposed |
Screening required |
Yes |
The dwelling house at
Site Area (620 m2)
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PROPOSED |
CODE |
COMPLIES |
Floor Space Ratio (max) |
0.51:1 |
0.5:1 |
No |
Soft Landscaped Area (min) |
42% |
35% |
Yes |
Side Boundary Setback (min) |
Approximately 3.2m |
1.5m |
Yes |
Overall Height (m) (max) |
8.4m |
9.5m |
Yes |
Ceiling Height (m) (max) |
6.7m |
7.0m |
Yes |
No of Storeys |
2 |
2 |
No |
Building Line (max) |
7.5m |
7.5m |
Yes |
|
N/A |
N/A |
N/A |
Cut and Fill (max) |
Less than 1m |
1m |
Yes |
Deck/Balcony width (max) |
1m |
3m (if elevated by >1m) |
Yes |
Solar Access (min) |
The proposed building does not
shadow any of the north facing windows of the adjoining properties by more
than 3 hours |
3 hours to north elevation |
Acceptable |
FENCING
|
PROPOSED |
CODE |
COMPLIES |
Height (max) |
884mm |
900mm |
Yes |
% Open Where > 900mm in
Height (min) |
N/A |
50% |
N/A |
Setback From Front Boundary
if >900mm in height (min) |
Nil |
1m |
N/A |
Splays |
Nil |
1m |
N/a |
REFERRALS:
Manager Urban Design and Assets
The
proposed development was referred to Council’s Development Engineer for
comment. The Development Engineer states
that there is no objection raised to the proposed development relating to the
stormwater management of the site.
Manager Open Space
The
proposed development was referred to Council’s Manager of Open Space for
comment. No objections have been raised
relating to the proposed landscaping plans.
Other (Heritage,
Traffic, Waterways, Rural Fire Service)
As
discussed in the previous section of this report,
· Council’s Heritage
Advisor
Council’s heritage advisor does not support the demolition of the
heritage item and stated that the building is an unusual example of the
architectural style of the period, reflecting the development of Longueville
and contributes to the Lane Cove riverscape.
Refer to AT3 for the heritage
advice.
· NSW Heritage Council
The NSW Heritage Council does not support the demolition of the heritage
item and has stated that the residence is an imposing, architect-designed
building, visible from the Harbour, purpose-designed to take advantage of all
views and is intact. In this instance,
the Heritage Council recommended that Lane Cove Council considers alternatives
to the demolition of this locally significant building. Refer to AT4
for the comment of NSW Heritage Council.
NSW
Maritime
The
development proposal was referred to NSW Maritime as an integrated
development. The NSW Maritime stated
that the applicant is required to make a separate application for the Part 3A
Permit to NSW Maritime if Council grants development consent and before any
physical works are commenced at the site.
Environmental
Planning and Assessment Act 1979 (the Act)
The Environmental
Planning and Assessment Act contains objectives for the carrying out of
development. The proposal does not meet
the following objective:
5 Objects
The objects of this
Act are:
(vii) ecologically sustainable development
The
proposed development involves demolition of a building of heritage value of
local significance and a building that is structurally sound and intact at
The
existing dwelling house at
The
applicant has recently lodged an ecologically sustainable design (ESD) report
for supporting the demolition of the existing buildings. It is noted that the ESD only provided an
analysis between the energy efficiency of three existing dwelling houses and
the proposed two dwelling houses. It did not provided an analysis of energy
efficiency of the existing dwelling house and the proposed dwelling house at
Lane Cove LOCAL Environmental Plan 1987 (Section 79C
(1) (a)
2 Aims, Objectives etc
(1) to preserve and where appropriate
improve the existing character and environmental quality of the land to which
it applies in accordance with the indicated expectations of the community, and
The proposed
development involves demolition of a heritage listed building which will create
a loss of heritage value to the local government area.
The combined area of
the car park and the water tanks storage area on the basement level is
appropriately 600m2. The excavation of the land for the
construction of the basement area and the lower ground level of the north
pavilion of the main house would create a significant impact on the land form
of the subject site and the adjoining properties. The proposed development is unlikely to
preserve the environmental quality of the locality.
It is therefore
considered that the proposal is contrary to Clause 2(1) of the aims and
objectives of the LEP.
18A Protection of heritage
items, heritage conservation areas and relics
(2) When determining a development
application required by this clause, the Council must take into consideration
the extent to which the carrying out of the proposed development would affect
the heritage significance of the heritage item or heritage conservation.
The Heritage Study of
the
Officer’s comment:
Given the above
comments, it is considered that the proposed development does not comply with
the aims and objectives of the Lane Cove LEP and is contrary to Clause 18A of
the LEP.
Other Planning Instruments
Lane Cove Residential
Zones Development Control Plan
Lane Cove Residential
Zones Development Control Plan sets requirements for the development of
residential zoned land in Lane Cove.
Part II – Development
in Foreshore Areas and Part VII – Residential Subdivision of the DCP applies to
the proposed development. The proposed
development complies with the Foreshore setback and the minimum lot size
requirements of the DCP.
Lane Cove Code for
Dwelling Houses, Fences, Private Swimming Pools and Outbuildings (The Code)
Lane Cove Code for
Dwelling Houses applies to the site and provides development standards for the
proposal.
3. Design, Density and Streetscape
3.1 General
Objectives:
a. Dwelling be designed with regard to
site conditions so as to minimum their impact on the landform.
b. Dwelling blend into natural landscape.
c. Dwelling designs have regard to the
amenity of adjoining properties.
Standards:
1. A minimum of cut and fill on-site, limited to
no more than 1m cut or 1m of fill at any point on the site.
2. The preservation of existing trees.
The maximum cut in
the proposed development is 3.7m below the natural ground level. The proposed basement area with water tank
storage area is approximately 600m2 and the construction
of proposed development would create a significant excavation to the land. The proposed development does not comply with
the maximum cut requirement of the Code.
3.2 Floor Space Ratio
The maximum
permissible FSR for the sites is 0.5:1 in accordance with the FSR table of the
Code.
The FSR of the
dwelling house on
5. Private Swimming Pools and Spas
General Requirements:
d. The maximum height of the pool
concourse shall not exceed 1800mm at any point above natural ground level
(measured immediately below that section of the concourse). A concourse may exceed 1800mm if its edge is
setback from the boundary at a ration of 1:1.
The proposed lap
swimming pool is approximately 3.6m above the natural ground level. The concourse of the lap pool is 1.6m from
the eastern boundary of the site and the proposal does not comply with the
above requirement of the Code, which would require a 3.6m setback.
Sydney Regional Environmental Plan (
The subject site is
located with the Sydney Harbour Catchment area and given the proximity to the
water frontage, is identified as being within the Foreshores and Waterways Area.
It is considered that
the proposed development is not contrary to the Regional Environmental
Plan.
The DCP applies to
all development proposals within the Foreshores and Waterways Area identified
in SREP (Sydney Harbour Catchment) 2005.
The subject site is located within a foreshore area identified on the
map and therefore the DCP applies to the proposed development.
The proposed
development complies with the objectives and the provisions of the DCP.
Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b),
and (1)(c)
The
non-compliances to the Code have been outlined in the compliance tables in the
previous sections of this report. The
applicant has not submitted justification for the non-compliances with
Council’s Code relating to the FSR, cut and fill and set backs.
RESPONSE TO NOTIFICATION (Section 79C(1)(d)
The
development proposal was notified in accordance with Council’s notification
policy between 10 January 2007 and 1 March 2007. 16 submissions were received in response to
the notification of the development application. 15 submissions raised objections to the
proposed development and a submission supported the proposal. The issues raised in the objections can be
summarised as follows.
· Derwent House has been a landmark in Longueville. It is one of the few significant houses and
land surrounds in the area. It is of
heritage value and should be treated accordingly.
Officer’s
comment:
Derwent
House located at
· The scale of the proposed development is out of proportion
to existing homes in our neighbourhood.
Officer’s
comment:
The
dwelling house at
· We are concerned about possible commercial use of the
proposed building. There are reception
area and meeting room shown on the plans.
Officer’s
comment:
The
proposed application applies for the construction of two dwelling houses on two
proposed allotments. Dwelling houses are
permissible in 2(a2) zones in accordance with Lane Cove LEP 1987. Originally, there was a proposed meeting room
shown on the first floor plan of the dwelling house at
· Noise from air conditioners located adjacent the boundary.
Officer’s
comment:
Six
air-conditioning units are proposed for the dwelling house at
· 3 storey section of house exceeds the height controls of Council’s Code
for Dwelling Houses.
Officer’s
comment:
The
lower ground floor of the north pavilion of the dwelling house at
· The proposed development will over shadow the pool and private outdoor
space of
Officer’s
comment:
The
solar access requirement of the Code states that a portion of north facing
windows of neighbouring dwellings receive at least 3 hours sun between 9am and
3pm on 22 June. The shadow diagrams show
that the proposed development does not shadow any facing windows of the
adjoining properties by more than 3 hours.
There is no additional over shadowing to the pool and marginal early
morning over shadowing of the open space of
· The second house fronting
Officer’s
comment:
There
is no on site parking provisions proposed within the boundaries of
CONCLUSION
The
development application has been assessed in accordance with Section 79C of
Environmental Planning and Assessment Act 1979.
The demolition of the heritage item will create an adverse impact on the
heritage value of the local government area and the demolition of a building
completed less than 10 years will not promote sustainable development. The scale of the proposed dwelling building
on
Executive Manager’s Comment:
A critical issue of
the application relates to the heritage significance of heritage item 13153
located at
If Council is of the
view that this heritage item is significant, it must reject the contention of
the applicant’s Heritage Impact Statement dated December 2006 that “the
building does not have technical, social or historical significance”, as
advised on the page of 36 of the applicant’s heritage statement. After determining the significance of
heritage item 13153 Council should then consider the merit of the proposed
development.
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That That Council
as the consent authority pursuant to section 80 (1) (b) of the Environmental Planning & Assessment
Act 1979 refuse consent to Development Application No.388/2006 for
demolition of three existing dwelling houses, consolidation of No.10 and 12A
with boundary adjustment for 12 Poole Street and construction of two new
dwelling houses at 10, 12 and 12A Poole Street, Longueville, for the
following reasons: 1. The proposed
demolition of heritage item 13153 located at 2. The proposed
development does not comply with the aims and the objectives of the
Environmental Planning and Assessment Act 1979 and would not promote an
ecological sustainable development to Lane Cove. 3. The proposed
development does not comply with the aims and the objective of Lane Cove
Local Environmental Plan 1987. 4. The proposed
development does not comply with the aims and the provisions of Lane Cove
Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings. 5. The amenity for the future occupants
at 6. The approval of the development
application would not serve the public interest. |
Michael Mason
Executive Manager
Environmental Services Division
AT‑1 View |
Neighbour Notification
Plan |
1 Page |
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AT‑2 View |
Development Proposal Plans |
36 Pages |
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AT‑3 View |
Heritage Consultant's
Report |
2 Pages |
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AT‑4 View |
Advice from the Heritage
Council |
1 Page |
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AT‑5 View |
Energy Efficiency
Investigation Summary |
1 Page |
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INS010907ES_26
***** End of Environmental Services Division Report No. 26 *****
***** END OF AGENDA *****