Lane Cove Council

 

 

 

 

 

Planning and Building Committee

 

 

 

AGENDA

 

 

 

DATE OF MEETING:          17 December 2007

 

LOCATION:                          Council Chambers

 

TIME:                                    8:00PM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

Lane Cove Council business papers and minutes are available on Council’s website www.lanecove.nsw.gov.au. 


PLANNING AND BUILDING COMMITTEE

 

17 DECEMBER 2007

 

 

 

ITEM                                                  REPORT CONTENT                                                PAGE

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING - 19 NOVEMBER 2007

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 523

SUBJECT: 52B Cliff Road, Northwood

 

3.       Environmental Services Division Report No. 55

SUBJECT: Delegated Authority Report - November 2007

  

 

ITEMS TABLED

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

 

               


PLANNING AND BUILDING COMMITTEE

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 523

 

17 DECEMBER 2007

 

 

 

 

Planning and Building Committee at the Meeting 17 December 2007

3/12/2007 to Planning and Building Committee

Environmental Services Division Report No. 523

Subject:           52B Cliff Road, Northwood    

Record No:     da98/287 - 36967/07

Author(s):       May Li 

 

 

Property:                                  52B Cliff Road, Northwood

 

DA No:                                    287/1998

 

Date Lodged:                           20 September 2007

 

Cost of Work:                          $650,000.00

 

Owner :                                   I H Rozenauers

 

Author:                         May Li

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 96 Modification Application to Development Consent No. 287/1998 for a redesign of the dwelling house and the above ground swimming pool

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?

Yes

BCA CLASSIFICATION

Class 1a & 10b

STOP THE CLOCK USED

Yes – 15 days

NOTIFICATION

Neighbours:

46, 48A, 48, 50A, 50, 52, 56, 56A, 56A, 56B Cliff Road, Northwood

 

Ward Councillors:

Councillor Hassarati, Freedman, & Smith

 

Progress Association:

Lane Cove Bushland & Conservation Society

 

REASON FOR REFERRAL:

 

The Section 96 Modification is reported to Council because the development application was determined at the Ordinary Council Meeting on 16 October 2000. 

 

EXECUTIVE SUMMARY:

 

The Section 96 application seeks Council’s consent to modify conditions of the Development Consent No. 287/1998 relating to the design of proposed dwelling house, the floor space ratio, and the location of the proposed swimming pool.

 

-          The proposed FSR is 0.54:1 (0.5:1 approved)

 

-          Extending the length of the northern wall of the dwelling house by 1m toward the eastern boundary (the edge of the eastern cliff)

 

-          Relocation of the above ground swimming pool toward the edge of the eastern cliff.

 

-          Increasing the finished level of the deck of the above ground swimming pool by 1.35m from RL 23.5m to RL24.85m.

 

SITE:

 

The subject site is a battleaxe block located at the south-eastern side of Cliff Road, Northwood.  The site slopes steeply away from Cliff Road and incorporates two cliff faces to the western and eastern ends of the site.  A dwelling house on the site is under construction.  Adjoining properties include:

 

-           Gore Creek Reserve to the east of the site

-           A single storey dwelling house at 50A Cliff Road to the north of the site

-           A vacant lot located at 52C Cliff Road to the south of the site; and

-           A two storey dwelling house located at 52A to the west of the site.

 

The owner of the subject site owns two of the adjoining properties at 52A and 52C Cliff Road.  Other surrounding developments comprise a mixture of single and two storey dwelling houses.

 

Notification Plan attached (AT1).

 

DEVELOPMENT HISTORY:

 

10 November 1998

 

Development Application No. 287/1998 for construction of a two storey dwelling house with basement carpark and storage area and an above swimming pool was lodged with Council.

 


2 February 2000

 

The development application was refused under delegated authority for the following reasons:

 

1.         The proposal contravenes the objectives of the Lane Cove Local Environmental Plan 1987.

2.         The proposal contravenes Council’s Building Policy Code.

3.         The proposal is an overdevelopment of the site.

4.         The proposal will have a detrimental effect on the amenity of the neighbourhood.

5.         The proposal contravenes State Environmental Policy No. 56.

6.         The public interest.

 

2 March 2000

 

A Section 82A Review application was lodged with Council.

 

24 October 2000

 

The development application was conditionally approved by Council.

 

22 March 2002

 

An Order was issued by the Land and Environment Court to amend Condition No. 3(a) and 3(c) of the development consent relating to the requirements for dilapidation reports and the indemnity insurance requirements for the proposed works.

 

The comparison of the FSR and the pool deck level is summarised in the following table:

 

 

Original DA proposal

S82A proposal

Development consent

S96 proposal

FSR

0.64:1

0.53:1

0.5:1

0.54:1

Pool Deck Level

RL24.7

RL23.5

RL23.5

RL24.85

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (663.8m2)

 

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio        (max)

0.54:1

0.5:1

No

Soft Landscaped Area  (min)

No change to the original proposal

35%

N/A

Side Boundary Setback             (min)

1m

1.5m

No

Overall Height (m)        (max)

7.7m

9.5m

Yes

Ceiling Height (m)         (max)

6.9m

7.0m

Yes

No of Storeys

2

2

Yes

Building Line     (max)

N/A

N/A

N/A

Cut and Fill       (max)

3.2m

1m

No

Deck/Balcony width     (max)

6.5m

3m (if elevated by >1m)

No

Solar Access    (min)

More than 3 Hours

3 hours to north elevation

Yes

 

 

SWIMMING POOL

 

 

PROPOSED

CODE

COMPLIES

Distance of concourse Edge to Neighbour’s House  (min)

7m

3m

Yes

Setback from boundary if concourse is >500mm above natural ground level and adjoins public open space   (min)

The concourse of the pool is 2.5m above the natural level.  It has a setback more than 1:1 to Gore Creek Reserve

1:1 setback measured from concourse edge

Yes

Height (max)

1.5-2.5m

1.8m

No

Setback if height is >1800mm (min)

1m

1:1 setback measured from concourse edge (2.5m required)

No

Screening of facade where > 1.0m above ground level?

Screen planting is sufficient to the eastern boundary

 

No screen planting is proposed at the northern boundary.  However, any screen planting on the northern boundary will further obscured the view of the adjoining property at 50A Cliff Road, Northwood

Screening required

Yes

 

 

 

 

No

 

Copy of the proposed plans attached (AT2).

 

REFERRALS:

 

Manager Urban Design and Assets

 

The Section 96 proposal has been referred to Council’s development engineer for comment.  No objections were raised and the following additional conditions are recommended to be imposed:

 

Excavation greater the 1m Where there are structures on adjoining properties including all council infrastructures, located within five meters of the proposed excavation.

 

The applicant shall:-

 

(a)        Seek independent advice from a suitably qualified Engineer on the impact of the proposed excavations on the adjoining properties;

 (b)    Detail what measures are to be taken to protect those properties from undermining during construction;

(c)     Provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties;

(d)     Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to any site work. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a practicing engineer.

 

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works. 

The above matters are to be completed PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

All recommendations of the Geotechnical Engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

Manager Open Space

 

The Tree Assessment Officer has advised that the owner of the property has established mulched garden areas and planted a variety of native tree species at the rear of the site along the back boundary line and on the top of the ridge.  These garden beds and the trees planted would screen the pool area as the plants mature from Council’s reserve and the waterway.  No objections are raised to the proposed Section 96 application.

 

Rural Fire Service

 

The subject site is located within Bush Fire Prone Land and the proposal was referred to NSW Rural Fire Service for comment. 

 

The NSW Rural Fire Service recommended that the following conditions to be imposed in the conditions of the development consent:

 

Design and Construction

 

1.         Construction is to comply with Appendix 3 – Site Bush Fire Attack Assessment of Planning for Bush Fire Protection 2006.  In this regard the following design standards for construction are to be incorporated into the development:

 

a)         The building is required to be upgraded to improve ember protection.  This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen.  This includes any sub floor areas where applicable and eaves. 

 

b)         Roofing shall be gutterless or have leafless guttering and valleys to prevent the build up of flammable material.  Any materials used shall have a Flammability Index no greater than 5.

 

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

 

The Section 96 proposal does not alter the compliance of the development with the aims and objectives of the Lane Cove LEP 1987.

 


Other Planning Instruments

 

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

 

The Section 96 application seeks Council’s consent for a redesign of the approved dwelling house and the swimming pool.  As indicated in the compliance table, the design of the dwelling house does not comply fully with the requirements of the Code.  A number of the variations, such as boundary setbacks have been approved by Council in determining the original proposal.

 

Floor Space Ratio

 

The floor space ratio proposed is 0.54:1 and the gross floor area of the proposal is approximately 24m2 in excess the maximum permitted floor area.  This calculation excludes the basement area of 184m2  as it is less than 1.5m above ground level.  The Council in considering the original proposal required compliance with the 0.5:1 floor space ratio.  This requirement is reaffirmed.

 

Swimming Pool

 

A swimming pool concourse and deck was approved in the original proposal.  The Council required that the structure be located at RL23.5.  The applicant seeks to increase the height to RL24.85. 

The pool has been redesigned and located further towards the edge of the eastern cliff.  On the northern side, it ranges in height from 1.5 to 2.5m above the natural ground level and the decking area of the swimming pool is 1m from the northern boundary.  It is considered that the pool at the proposed level would create an overlooking impact to the adjoining neighbour at 50A Cliff Road, who have objected to the proposal.

 

The decking area and the swimming pool would be clearly visible from the living room and the southern balcony of the dwelling house at 50A Cliff Road.  Any privacy screens for the swimming pool area would cause a loss of views currently enjoyed from this property to Gore Creek.  The applicant states that if the pool area is lowered it would result in the proposed residence, the pool and the terrace being unworkable.  The resultant change would make the basement level unusable - (no head room), or there would need to be excavation at the cliff edge to accommodate the pool and further excavation was objected to by the objectors.

 

Officer’s Comment

 

Stepping the pool and deck to the level required would result in additional excavation and also would reduce the basement area.  The area under the deck is designated pool plant and storage.  The basement area is substantial and remains available for storage and pool plant.

 

The Statement of Environmental Effects lodged with the Section 96 application states that the dwelling house has been redesigned to meet the applicant’s engineering advice.  The gross floor area of the basement has been changed from 138m2 to 184m2 and basement has been located further toward the eastern boundary of the site.  The orientation of the swimming pool has been rotated by 90° parallel with the northern boundary of the site. 

 


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

 

This has been dealt with in the preceding section.

 

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

 

The Section 96 proposal was notified in accordance with Council’s notification policy.  Three submissions were received in response to the notification of the development application.  The issues raised in the submissions can be summarised as follows.

 

50A Cliff Road, Northwood

 

·          The height of the pool deck above ground level and the non-compliance with the Foreshore Building Line.

 

The pool deck was originally proposed at RL24.7 (ground floor level was RL24.85) but this was amended and eventually approved at 23.5.  The main reasons for lowering the pool deck by 1.2m were its excessive height above ground level and the loss of views and privacy to No.50A Cliff Road, which obtains views across this area towards Woolwich and Balmain, including the Lane Cove and Parramatta Rivers. 

 

The S96 modification proposes to increase the height of the pool deck again, to RL24.85.  This is a  concern due to the potential for loss of view and privacy. 

 

Officer’s Comment

 

This objection is supported.  It is considered that the pool deck should be reduced to the approved level to maintain views and privacy to the adjoining property. 

 

In relation to the variation to the foreshore building line, Council has previously accepted variation to the foreshore building line for the deck/ pool structure.

 

·          The bulk and scale of the dwelling that included an extremely large basement area, storeroom and plant room that was excluded from the floor space ratio calculations.

 

The proposed S96 modification increases the overall floor space, which is again of concern given the size of the proposed dwelling and the size of the proposed basement which is not included in the FSR.  The basement area has been moved further to the east, closer to the cliff edge down to Gore Creek, yet and there is no information provided as to whether this requires increased excavation in this area, or a further geotech report in relation to this change. 

 

Officer’s Comment

 

The basement level of the proposed development is 1.5m lower than the natural ground level.  The basement level is not included in accordance with Council’s Code for Single Dwelling Houses.

 


·          Side setbacks

 

The proposed modification provides only 1.0m setback from the northern boundary that adjoins to No.50A Cliff Road.  Council’s Code requires a 1.5m setback for two storey dwellings.  As the modifications make a number of changes in siting, including increasing the extent of the basement area along this boundary (and the excavation associated with the basement), we consider that the dwelling should be designed to comply with the 1.5m setback. 

 

Officer’s Comment

 

The setbacks proposed for the dwelling house are in accordance with the plans approved by Council in 2000.

 

48 Cliff Road, Northwood

 

·          The pool deck

 

The extensions proposed, particularly to the pool deck, will add to the adverse environmental aspect of the building when viewed from Gore Creek Reserve, Lane Cove River and Greenwich.  We ask that height poles and templates should be erected to allow proper assessment.

 

Officer’s Comment

 

Height poles were previously requested for the Section 82A Review assessment.  The concerns of the height of the pool deck were considered in the previous Section 82A Review application and the pool deck level was conditioned to be at RL23.5.  Given the changes in level of the site and the location of the building works, it is not considered that the proposed rear pool and deck at RL 23.5 will be detrimental to the bushland area.  Council’s Tree Management Officer has not raised objection to the proposal.

 

·          It is not clear whether further excavations will be required, and we are concerned that our property could be affected.

 

Officer’s Comment

 

The subject site does not share any boundary with No.48 Cliff Road, and two properties are separated by No. 50A Cliff Road.  Excavation for the proposed development would be unlikely to create any impact to the structural conditions of the dwelling house at 48 Cliff Road.

 

54 Cliff Road, Northwood

 

There is no “existing” 1000mm high guard wall on the driveway

 

Drawing 0710 CC 1.01A has a note stating “Existing safety guard wall 1000mm high to driveway – (not shown on plan)”.

 

We object to this notation calling up a 1000mm high wall as “existing” as there is no wall and there has never been an existing wall on the edge of the driveway slab which slab was only concreted recently.

Officer’s Comment

 

No details of the guard wall have been provided and this aspect of the proposal is to be deleted from the plans at Construction Certificate stage.

 

CONCLUSION

 

The assessment of the Section 96 application has been carried out in accordance with the requirements of Sections 79C and 96 of the Environmental Planning and Assessment Act 1979.  It is considered that                                                                                                                                                                                                                                                                                                                     the increasing of the pool deck level would create an adverse impact to the amenity of the adjoining property and the proposed floor space ratio should be reduced to comply. These two issues are to be addressed by the draft conditions of approval.

 

 

RECOMMENDATION

 

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act 1979, as amended, the Development Consent 278/1998 granted on  24 October 2000 for construction of a two storey dwelling house with basement garage and storage area and an above ground swimming pool at Lot 4, DP625754, known as 52B Cliff Road, Northwood is amended in the following manner:

 

(1)        Condition No.1b to be amended and read as the follows:

 

1b.      Deleted

 

(2)        Condition 1 to be amended and read as the follows:

 

1.       The proposal being amended to comply with the 0.5:1 floor space ratio, the finished level of the decking area of the swimming pool is to be at RL23.5 and the guard wall to the driveway deleted.  The plans are to be amended plans prior to the issue of the Construction Certificate.”

 

(3)       Condition No.10 to be amended and read as the follows:

 

“10.     (20) That the development be strictly in accordance with drawing number 0710, CC2.01B, 0710-CC2.02D, 0710-CC2.03B, 0710-CC2.04A, 0710-CC3.01B, 0710-CC3.02B, 0710-CC3.03B, and 0710-CC3.04B, dated 04.08.07, prepared by Antonio Caminiti, except where required to be modified in accordance with Condition 1.”

 

(4)        The following additional conditions be imposed in the conditions of the development:

 

41.      Excavation greater the 1m where there are structures on adjoining properties    including all Council infrastructures, located within five meters of the proposed      excavation.

 

The applicant shall:-

 

(a)        Seek independent advice from a suitably qualified Engineer on the impact of the proposed excavations on the adjoining properties;

(b)        Detail what measures are to be taken to protect those properties from undermining during construction;

 

(c)        Provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties;

 

(d)        Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to any site work. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a practicing engineer.

 

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works. 

 

The above matters are to be completed PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

All recommendations of the Geotechnical Engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

42.       Conditions from NSW Rural Fire Services - Design and Construction

 

Construction is to comply with Appendix 3 – Site Bush Fire Attack Assessment of Planning for Bush Fire Protection 2006.  In this regard the following design standards for construction are to be incorporated into the development:

 

(a)        The building is required to be upgraded to improve ember protection.  This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen.  This includes any sub floor areas where applicable and eaves. 

 

(b)        Roofing shall be gutterless or have leafless guttering and valleys to prevent the build up of flammable material.  Any materials used shall have a Flammability Index no greater than 5.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Notification Plan

1 Page

 

AT‑2 View

Proposed Plans for 52B Cliff Road

15 Pages

 

 

 


PLANNING AND BUILDING COMMITTEE

 

17 DECEMBER 2007

 

 

 

 

Planning and Building Committee at the Meeting 17 December 2007

12 December 2007 to Planning and Building Committee

Environmental Services Division Report No. 55

Subject:           Delegated Authority Report - November 2007    

Record No:     SU1863 - 38151/07

Author(s):       Michael Mason 

 

 

 

During the month of November 2007 a total of 42 Development applications were determined under delegation by staff and 3 by Council.  In addition 11 Construction Certificates and 31 Privately Certified Construction Certificates were issued.  There was 1 Privately Certified Complying Development approved.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

List of applications determined for November 2007

6 Pages

 

 

       

 

 

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