PLANNING AND BUILDING COMMITTEE
17 SEPTEMBER 2007

Planning and Building Committee at the Meeting 17 September 2007

31/08/2007 to Planning and Building Committee

Environmental Services Division Report No. 371

Subject: 3 Christina Street, Longueville

Record No: DA06/268-01 - 25029/07

Author(s): Stan Raymont

Property: 3 Christina Street, Longueville

DA No: D268/06A

Date Lodged: 7.8.07

Cost of Work: Additional $10,800

Owner : J.M. & K.J. Morris

Author: Stan Raymont

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Alterations and additions to existing dwelling house (Section 96 Modification for additional bedroom and relocated terrace at first floor level)
ZONE	2(a2)
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?	Yes
IS THE PROPERTY A HERITAGE ITEM?	No
IS THE PROPERTY WITHIN A CONSERVATION AREA?	No
DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?	No
BCA CLASSIFICATION	Class 1a
STOP THE CLOCK USED	No
NOTIFICATION	Neighbours Lot 4, 4, 5, 7 Christina Street; 40, 40A, 42, 44 Kenneth Street; 35A, 37-39 Arabella Street Ward Councillors Central Ward Progress Association Longueville Residents’ Association Other Interest Groups -

REASON FOR REFERRAL

This application has been referred to Planning and Building Committee as the original development application was considered by the Planning and Building Committee.

EXECUTIVE SUMMARY & BACKGROUND

The original proposal was to carry out alterations and additions to an existing two storey dwelling house including first floor additions, extending a cantilevered deck out to 2.74m from the street, constructing a roof deck and extending the ground floor garage to the eastern side boundary. The proposal sought an FSR of 0.57:1. There were other issues relating to building line encroachments, roof deck and garage extension to side boundary.

Two (2) letters of objection were received to this proposal. Amended plans were submitted to Council that reduced the FSR to 0.524:1, the building line encroachments were reduced, the roof deck was removed, and the garage extension was also removed. The adjoining owners were renotified and no further submissions were received to the amended proposal.

The applicant requested variation to Council’s maximum floor space ratio requirement for the following reasons:

“We have responded to Councils concerns regarding the original proposed F.S.R. of 0.57:1 by implementing the following changes:

(a) Removing two of the proposed bedrooms at the first floor level so as to reduce to F.S.R. to .524:1. The non-compliant F.S.R results in an additional floor area of 13.45m².

(b) The additional floor area has been located on the east side of the building for the purpose of reducing any impacts upon the residents in No 5 Christina Street. The additional 13.45m² of floor space is required to enable the proposed first floor addition to be configured so as to satisfy the minimum bedroom requirements of a large family. (2 Adults and 4 Children).”

The Planning and Building Committee at its meeting of the 7th May 2007 gave consideration to the amended plans and resolved:

“That given the age of the existing dwelling and the internal configuration of rooms, Council considers that the minor excess in floor space ratio (13 sq.m) above the .5:1 maximum is considered acceptable in this circumstance and as such approves the amended application to carry out alterations and additions to the dwelling house “

The current Section 96 Modification seeks to modify the rear of the proposed first floor addition by adding a fourth bedroom and relocating the terrace towards the northern end of the building as proposed to be altered and added to. The floor space ratio proposed is 0.55:1.

The applicant has not provided any justifiable planning reason for a variation of Council’s floor space ratio above the 0.524:1, as approved by the Planning and Building Committee.

The Section 96 Modification is not supported as the proposal seeks to further deviate from the Council’s 0.5:1 floor space ratio.

SITE

The subject site is located on the northern side of Christina Street and on the eastern side adjoins St. Aidens Church Hall. Existing improvements on the site consist of a brick dwelling house with a flat roof which is two storeys at the front and single storey at the rear. At the front of the dwelling house and on the eastern side is a single garage. There is an inground swimming pool, a timber shed and a cubby house in the rear yard. Work is just commencing on the alterations and additions approved by the Planning and Building Committee on the 7^th May 2007. Site Plan and Notification Plan attached (AT1 and AT2).

PROPOSAL

The Section 96 Modification is to modify the rear of the proposed first floor addition by adding a fourth bedroom and relocating the terrace towards the northern end of the building as proposed to be altered and added to.

1.8m high privacy screens with obscure glass infill panels are shown on both sides of the proposed relocated terrace.

PREVIOUS APPROVALS/HISTORY

DA8.2006.268: approved 14 May 2007 for alterations and additions to the existing dwelling house.

PROPOSAL DATA/POLICY COMPLIANCE

Site Area (560.3m²)

	PROPOSED	CODE	COMPLIES
Floor Space Ratio (max)	0.55:1	0.5:1	No
Soft Landscaped Area (min)	37% (unchanged)	35%	Yes
Side Boundary Setback (min)	Walls of 1^st floor addition 900mm (unchanged)	1.5m	May be permitted
Overall Height (m) (max)	1^st floor addition 6.8m (unchanged)	9.5m	Yes
Ceiling Height (m) (max)	6.4m (unchanged)	7.0m	Yes
No of Storeys	2 (unchanged)	2	Yes
Building Line (max)	Walls of entry extension 4.7m (unchanged) Cantilevered deck 4m (unchanged)	7.5m 7.5m	n/a n/a
Foreshore Building Line(min)	n/a	n/a	n/a
Cut and Fill (max)	Zero (unchanged)	1m	n/a
Deck/Balcony width (max)	3m	3m (if elevated by >1m)	Yes
Solar Access (min)	3 hours to north facing windows of church hall	3 hours to north facing windows of church hall	Yes
BASIX Certificate	n/a	BASIX Certificate not required	n/a

REFERRALS

No referrals were required given the nature of the proposal.

Lane Cove LOCAL Environmental Plan 1987 (Section 79c(1)(a))

The Section 96 Modification is permissible within the 2(a2) zoning under the Lane Cove LEP, with the consent of Council.

Other Planning Instruments

SEPP No.55 – Contaminated Land

Clause 7 of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding the fact that site investigations have not been carried out, the current and previous use of the site and adjoining sites for residential uses would substantially reduce the possibilities of contamination. Accordingly, there is considered to be no contamination issue given the circumstances of the case.

APPLICABLE REGULATIONS

Environmental Planning and Assessment Regulation 2000

The proposal involves some demolition work. Under Clause 92 of the Environmental Planning and Assessment Regulation 2000, Council must take into consideration Australian Standard (AS2601-1991): The Demolition of Structures, as in force July 1993. The matter may be addressed by a condition of consent.

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

1. Floor Space Ratio: Council’s Code for Dwellings specifies under Floor Space Ratio as follows:

Objectives:

a. Limit the bulk of the dwelling.

b. Ensure dwellings and additions are generally in scale with the character of the neighbourhood.

c. Allow smaller sites higher floor space ratio.

Standard:

The maximum permissible floor space ratio (FSR) for single dwelling houses is 0.5:1.

The floor space ratio originally proposed was 0.57:1 and the floor space ratio for the approved amended proposal was 0.524:1. The floor space ratio for the Section 96 Modification is 0.55:1. The applicant has requested a variation to Council’s requirement to satisfy the accommodation needs of the residents, as follows:

Floor to Space Ratio

We have responded to Council’s concerns regarding the original proposed FSR of 0.57 to 1.00 by implementing the following changes:

(a) Removing two of the proposed bedrooms at the first floor level so as to reduce to FSR to 0.524 to 1.0. The non-compliance FSR results in an additional floor area of 13.45m².

(b) The additional floor area has been located on the east side of the building for the purpose of reducing any impacts upon the residents in No.5 Christina Street.

The additional 13.45m² of floor space is required to enable the proposed first floor addition to be configured so as to satisfy the minimum bedroom requirements of a large family (2 adults and 4 children).

Comment

It is considered that the above reasons for variation to Council’s maximum floor space ratio requirement are inadequate. The applicant has not provided any justifiable planning reasons for variation to Council’s floor space ratio requirement. In view of the fact that the floor space ratio exceeds Council’s 0.5:1 maximum code requirement and the 0.524:1 approved by the Planning and Building Committee, the Section 96 Modification application is recommended for refusal.

2. Setbacks to Side Boundaries: Council’s Code for Dwellings specifies under Setback to Side Boundaries:

Objectives:

a. Achieve separation between dwellings for privacy and to enable areas for landscaping.

b. Enable views between dwellings where applicable.

Standards:

1. A minimum setback of 1200mm from the side boundary for a single storey dwelling and a minimum setback of 1500mm for a two storey dwelling. The setback is measured at right angles to the boundary and to the wall of the dwelling, or any ancillary structures like balconies or stairs.

(Note: first floor additions above an existing dwelling can follow the existing setback).

2. Variations may be considered if there will be no adverse impact on adjoining properties and, if objectives are achieved, for example:

i. an open carport on nil boundary setback;.

ii. detached garages on nil boundary setback

Comment

The walls of the existing dwelling house and the first floor additions are shown to be set back a minimum of 900mm from the western boundary and first floor additions can follow the existing setback. This is considered satisfactory, and has been previously accepted by Council for similar developments.

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

No submissions were received in response to the notification of the Section 96 modification.

CONCLUSION

The matters in the Department of Planning Guidelines in relation to Section 79C considerations have been satisfied. As the floor space ratio exceeds the 0.524:1 approved by the Planning and Building Committee at its meeting of the 7^th May 2007 and the Section 96 Modification is not supported.

RECOMMENDATION

That the Section 96 Modification to vary the consent given to Development Application No.D268/06 be refused on the following grounds:-

1. The proposed floor space ratio of 0.55:1 exceeds Council’s maximum requirement of 0.5:1 under its Code for Dwellings and the 0.524:1 approved by the Planning and Building Committee at its meeting of the 7^th May 2007.

2. The proposal is considered likely to adversely affect the amenity of the area.

3. The bulk and scale of the proposed dwelling house is considered excessive.

4. The proposal creates an undesirable precedent for further applications with a floor space in excess of the Code for Dwelling House’s requirement.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View	Site Location Plan	2 Pages
AT‑2 View	Neighbour Notification Plan	1 Page

PBC170907ES_371.doc

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