Lane Cove Council

 

 

 

 

 

Inspection Committee

 

 

 

AGENDA

 

 

 

DATE OF MEETING:          3 November 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 Greenwich Library.


INSPECTION COMMITTEE

 

3 NOVEMBER 2007

 

 

 

ITEM                                                  REPORT CONTENT                                                PAGE

 

 

 

Environmental Services Division Reports

 

1.       Environmental Services Division Report No. 36

SUBJECT: 24E and 26 Upper Cliff Road, Northwood

 

2.       Environmental Services Division Report No. 458

SUBJECT: S96 - 27 Upper Cliff Road, Northwood.......................................... 5

  

 

***** END OF AGENDA *****

 

               


INSPECTION COMMITTEE

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 36

 

3 NOVEMBER 2007

 

 

 

 

Inspection Committee at the Meeting 3 November 2007

16/10/2007 to Inspection Committee

Environmental Services Division Report No. 36

Subject:           24E and 26 Upper Cliff Road, Northwood    

Record No:     DA05/46 - 30889/07

Author(s):       Peter Thomas 

 

 

Executive Summary

 

Council under delegation, refused a development application for alterations and additions to an existing dwelling house, including the building of a gym with a laundry, swimming pool, deck and carport with storage within a bushland buffer zone. The proposal also included a boundary adjustment.

 

The determination was appealed by the applicant and this has been on-going as detailed in the following report.

 

This application has been referred to the Inspection Committee at the request of the Mayor; Councillor Longbottom, to acquaint Councillors with the various issues related to the proposal and status of the current legal action.

 

Background

 

·    2 March 2005 

Development application DA46/05 lodged for a boundary adjustment and the building of a gym with a laundry, swimming pool , deck and carport with storage.  The proposal also sought alterations and additions to the existing dwelling house.  (See Site Plan and elevations AT1)

 

·    7 March 2005

The application was notified and 5 submissions (one support and 4 objections) were received.  The submissions were from:

o Lane Cove Bushland and Conservation Society (objection)

o 24A Upper Cliff Road (support)

o 28 Upper Cliff Road (objection)

o 24F Upper Cliff Road (objection)

o 24D Upper Cliff Road (objection) 

 

·    The application was referred to various Council professionals for comment, including the Manager Bushland.  The Manager Bushland did not support the proposal, as it was considered contrary to DCP 1 – Bushland, State Environmental Planning Policy 19 – Bushland in Urban Areas and Council’s LEP (Clause 11(3)).

 

·    30 August 2005

The application was refused under delegated authority.  (See AT2 for report)

 

·    4 September 2006 Council

Council was served with an Appeal against Council’s refusal of the development application.

 

·    13 April 2007

The application was heard by Commissioner Watts, and was dismissed as a result of the (potential) adverse impact of the proposal on the bushland and buffer.  (See AT3 for Judgement)

 

·    11 May 2007

Council was advised of a Section 56A Appeal by the applicant’s solicitor.  The appeal was submitted on the basis:

 

“the commissioner has erred in law in his interpretation and application of the term “bushland” as defined in DCP 1”

 

·    17 September 2007

The matter was heard by Justice Jagot.  Justice Jagot upheld the Appeal.  The matter has now been referred back to the Land and Environment Court for review in light of the judgement.   (See AT4 for details of the Appeal and the Judgement)

 

o 28 September 2007

An e-court directed that the applicant is required to file and serve any further evidence by 8 November, 2007.  Council is to file and serve any evidence in response by 7 December, 2007.  The matter is set for hearing on 3-4 January 2008.

 

Conclusion

 

The determination of the development proposal had regard to Council policy and was refused under delegation.  The appeal by the applicant while initially dismissed was found to be flawed due to an anomaly between the LEP and DCP1.  The matter has been referred to the presiding Commissioner of the Court for review and final determination.

 

 

RECOMMENDATION

 

That Council receive and note the report and attachments.

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Copy of Site Plan and elevations

3 Pages

 

AT‑2 View

Delegated Authority Report No.238

13 Pages

 

AT‑3 View

Copy of Land & Environment Court Judgement

10 Pages

 

AT‑4 View

Copy of L&E Court Judgement

27 Pages

 

 

INS031107ES_36.doc

*****   End of Environmental Services Division Report No. 36   *****


INSPECTION COMMITTEE

 

3 NOVEMBER 2007

 

 

 

 

Inspection Committee at the Meeting 3 November 2007

29/10/2007 to Inspection Committee

Environmental Services Division Report No. 458

Subject:           S96 - 27 Upper Cliff Road, Northwood    

Record No:     DA03/410-1 - 32582/07

Author(s):       May Li 

 

 

Property:                                                          27 Upper Cliff Road, Northwood

 

Section 96 Modification Application No:           DA410/03B

 

Date Lodged:                                                   9 October 2007

 

Cost of Work:                                                  $1000.00

 

Owner :                                                           G & S Dwyer

 

Author:                                                 May Li

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 96 Modification to amended Condition 3 of Development Consent 410/2003 relating to the requirement for a privacy screen

ZONE

2(a2) – Residential

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:

29, 38, 40, 40A, & 42 Upper Cliff Road, 1A & 2 Private Road, Northwood

 

Ward Councillors:

Hassarati, Freedman & Smith

 

 


REASON FOR REFERRAL:

 

The Section 96 application has been called to the Inspection Committee by Councillor Smith due to the concerns of applicant for the requirement for a privacy screen on the rear deck.

 

EXECUTIVE SUMMARY:

 

Development Application 410/2003 for the demolition of the existing dwelling house and construction of a two storey dwelling house was conditionally approved on 11 July 2005. 

 

Condition 3 of the development consent requested a 1.6m high privacy screen be erected on the south-eastern elevation of the rear balcony on the first floor. 

 

The Section 96 Modification application seeks the removal of the privacy screen on the first floor and erection of a free standing privacy screen adjacent to the existing eastern boundary fence at the rear of the property. 

 

As a result of a complaint and following the inspection of the property it should be noted that the privacy screen has been removed without Council consent.

 

SITE:

 

The subject site is located at the south western corner of Private Road and Upper Cliff Road, Northwood.  A recently completed two storey dwelling house is located on the subject site.  Surrounding development comprises a mixture of single and two storey dwelling houses. 

 

PROPOSAL:

 

The Section 96 Modification proposal involves the following amendments to the original development consent:

 

·    Deletion of the privacy screen on the south-eastern elevation of the rear balcony on the first floor of the dwelling house.

 

·    An offer by the applicant to erect a free standing timber lattice privacy screen adjacent to the eastern boundary fence at the rear of the property.  The privacy screen would be 600mm higher than the existing boundary fence. 

 

Refer to AT1 for the plan of the proposal.

 

PREVIOUS APPROVALS/HISTORY:

 

Development Application 410/2003 for demolition of the existing dwelling house and construction of a two storey dwelling house was conditionally approved on 11 July 2005.

 

A Section 82A Review Application for the review of Condition 1a of the development consent relating to the traffic management of the subject site was approved by Council on 20 September 2005.

 

Development Application 374/2004 for the construction of an in-ground swimming pool was conditionally approved on 29 December 2005. 

 

PARTICULARS

 

Condition 3 of Development Consent 410/2003 states as the follow:

 

“3.       In order to minimise the privacy impacts as a result of the second storey balcony, a privacy screen is to be affixed to the south-eastern elevation having a minimum height of 1.6m.  Details are to be submitted to Council PRIOR TO THE ISSUANCE OF THE CONSTRUCTION CERTIFIVATE.

 

Officer’s Comment

 

The rear balcony is off a bedroom and is located approximately 7.2m from the south-eastern boundary of the property.  The privacy screen was originally provided as a precautionary measure when the original application was approved.  Now, given the design of the building particularly the solid masonry ground floor pergola elements of the building which act as a de facto privacy screen to the adjoining site, and the fact that any impact can be readily assessed, the applicant has requested a review of the required privacy screen.

 

A site inspection has revealed that the overlooking impact from the south-eastern elevation of the rear balcony on the first floor is minor and erection of the 1.6m privacy screen is not warranted. 

 

REFERRALS:

 

The Section 96 Modification proposal relates to the privacy screen only.  No referral is required.

 

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

 

It is considered that the Section 96 proposal complies with the aims and objectives of Lane Cove Local Environmental Plan 1987.

 

Other Planning Instruments

 

Lane Cove Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuilding

 

It is considered that the Section 96 proposal complies with the requirements of the Code. 

 

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

 

The Section 96 proposal was notified in accordance with Council’s notification policy. A submission from the owners of the adjoining property at 29 Upper Cliff Road was received in response to the notification of the development application.  The issues raised in the submission can be summarised as follows:

 

·          The condition requiring for a privacy screen was imposed to ensure the privacy of the adjoining property and it should be retained.

 

·          The existing boundary fence is already 1.89m high (1.55m high fence with a 0.34m high boxed lattice).  Any further vertical extension of the fence would appear totally out of proportion/scale with other boundary fence; it would create additional shadow impact and cause structural impact on the existing fence and putting the safety of residents at risk.

 

Officer’s Comment

 

The existing bamboos along the western boundary of 29 Upper Cliff Road, Northwood have provided a sufficient screening between the two dwelling houses.  There is minimal over looking impact from the rear balcony to the living area of 29 Upper Cliff Road.  The rear balcony is 7.2m from the south-eastern boundary of the neighbour’s site and the over looking impact to the rear garden area of 29 Upper Cliff Road is minimum from this side of the balcony.

 

The applicant advised the assessment officer at the site inspection that the additional privacy screen was proposed to address the concerns of the owners of the adjoining property relating to their privacy.  The erection of the additional privacy screening could be deleted from the Section 96 proposal if the owners of the adjoining property raised objection to the erection of the privacy screen, which they have done.

 

CONCLUSION

 

The matters in relation to Section 79C and Section 96 of Environmental Planning and Assessment Act 1979 considerations have been considered.  It is considered that having the benefit of a site inspection following the completion of the building work, the Section 96 amendment is considered reasonable and the application is supported. 

 

 

RECOMMENDATION

 

That pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent 2003/410 for the demolition of the existing dwelling house and construction of a two storey dwelling house at Lot 1, DP 170333 known as 27 Upper Cliff Road, Northwood is amended in the following manner:

 

1.         Condition 3 of Development 2003/410 is deleted.

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

ATTACHMENTS:

AT‑1 View

Section view of property changes

1 Page

 

 

INS031107ES_458.doc

*****   End of Environmental Services Division Report No. 458   *****

       

***** END OF AGENDA *****