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Agenda

Planning and Building

Committee Meeting

15 November 2010, 8:00pm

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building Committee Meeting, to be held in the Council Chambers on Monday 15th November 2010 commencing at 8:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Committee Meeting Procedures

 

The Planning and Building Committee meeting is chaired by Councillor Pam Palmer. Councillors are entitled to one vote on a matter. If votes are not unanimous the delegations of the Committee require that the matter be referred to Council for determination. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless the Committee resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items of the agenda.

 

Members of the public may attend the Meeting and address the Committee on any issue.   Speakers and Councillors will not enter into general debate or ask questions.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

 

Please note 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.

 

 

 

 


Planning and Building Committee 15 November 2010

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING – 5 OCTOBER 2010

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 444

SUBJECT: 9 Holdsworth Avenue, St Leonards

 

3.       Environmental Services Division Report No. 46

SUBJECT: Delegated Authority Report - October 2010  

 

 

 

                      


Planning and Building Committee Meeting 15 November 2010

 

Environmental Services Division Report No. 444

 

 

 

 

 

Reference:    Environmental Services Division Report No. 444

Subject:          9 Holdsworth Avenue, St Leonards    

Record No:    da10/94 - 46400/10

Author(s):       Andrew Thomas 

 

 

Property:                     9 Holdsworth Avenue, St. Leonards

 

DA No:                         94/10

 

Date Lodged:              Section 82A Review – 3 September 2010

 

Cost of Work:              $320,000

 

Owner:                                    S. Southall

 

Applicant:                    Ian Middleton and Sarah Southall

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

The proposal is a section 82A Review of conditions 2,4 and 5 and part of condition 6 of the development consent DA10/94 which approved alterations and additions to the existing dwelling house and ancillary structures.

ZONE

R2 : Low Density 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 BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a, 10a and 10b

STOP THE CLOCK USED

No

NOTIFICATION

 

The notification of the Section 82A Review is the same as for the original development application

Neighbours                        5–13 and 12–16 Holdsworth     Avenue and 6–10 Berry Road

Ward Councillors              East

Progress Association       St. Leonards – Wollstonecraft

Other Interest Groups        N/A

 

 

REASON FOR REFERRAL

 

The original application was determined under the delegated authority of the Manager Development Assessment, and is referred to the Planning and Building Committee Meeting at the request of Councillor Palmer on behalf of the owner.

 


 

EXECUTIVE SUMMARY

 

·     The application is a Section 82A Review of Determination which has been submitted following the approval of DA10/94 for major alterations and additions to an existing single storey dwelling house.

 

·     Conditions were imposed that sought to address non-compliances with the Development Control Plan (DCP) 2009 in relation to the following:-

 

-           a front terrace that in part was forward of the building line; and

-           a detached garage that proposed a trafficable roof and that was located on the front boundary.

 

In addition a condition was imposed to reduce potential overlooking from two first floor level decks.

·     Two submissions – one from each adjoining owner – were received in response to the notification of the development application.  Concerns raised by both adjoining owners included potential overlooking.

 

·     The application was approved on 16 August 2010.

 

·     The Section 82A Review was notified and one letter of objection was received from one of the adjoining owners.

 

·     The Section 82A Review is submitted to the Planning and Building Committee for review and determination. 

 

BACKGROUND

 

Under the provisions of Section 82A of the Environmental Planning and Assessment Act 1979 an applicant may request Council to review its determination. 

 

Relevant detail follows which place the request in context with those pertinent subclauses of the legislation highlighted in bold. In relation to subclause (3A) below no amendments have been made to the development application as originally submitted and notified.

 

82A   Review of Determination

“(1)    If the consent authority is a council, an applicant may request the council to review a determination of the applicant’s application…

(3A)   In requesting a review, the applicant may make amendments to the development described in the original application….

(4)     The Council may review the determination if:

         (a) it has notified the request for review in accordance with:

              (i) the regulations….

          (b) it has considered any submissions made concerning the request for review….

(4A)   As a consequence of its review, the council may confirm or change the determination.

(5)     The decision whether or not to review the determination must not be made by the person who made the determination unless that person was the council, but is to be made by a person who is qualified under subsection (6) to make the review.

(6)     If the council reviews the determination, the review must be made by:

(a)   if the determination was made by a delegate of the council - the council or another delegate of the council who is not subordinate to the delegate who made the determination….

(7)     The council must give notice of the result of the review to the applicant as soon as practicable after the review.

(8)     If on the review the council grants development consent, or varies the conditions of a development consent, the council must endorse on the notice the date from which the consent, or the consent as varied, operates.

(9)     If on a review the council changes a determination, the changed determination replaces the earlier determination as from the date of the review.

 (11)  A decision on a review may not be further reviewed under this section.”

 

SITE

 

The subject site is a rectangular lot with a frontage of 15.24m and an area of 557.4m2. The site is located on the high west side of the street and towards the street’s intersection with Marshall Avenue to the north. The site has a fall of 6m from its rear to its front boundary. The site’s rear yard is generally level. The front yard has a rise of 3.5m from the street. There is a major tree along the site’s north side boundary and a mature street tree in front of the site.

 

Existing development on the site consists of a partly demolished single storey dwelling house that is elevated at the front. There is no existing parking on the site.

 

Adjoining development to the north, at 7 Holdsworth Avenue, and to the south, at 11 Holdsworth Avenue, consists of a part single and part 2 storey dwelling house. Each site has a detached garage at the front with trafficable roofs.

 

The locality is residential and contains a mix of generally older single storey dwelling houses and more recent 2 storey dwelling houses located on the high side of the street.  Some of the dwelling houses on the high side of the street include a garage at the front of the site.

 

PROPOSAL

 

The proposal is a Section 82A Review seeking the deletion of three and the amendment of a fourth condition of  the development consent  for alterations and additions to the existing dwelling house’s ground floor level; a first floor level; a garage and store; a swimming pool and cabana; and fences to the front and rear yards. The four conditions are summarised below:-

·     Condition 2 : deletes a portion of an attached front ground floor terrace and steps;

·     Condition 4: requires a setback and splay for a detached double garage at the front of the site;

·     Condition 5: ensures that the garage roof would not be trafficable; and

·     Condition 6: requires privacy screens on the north side of both the front and rear first floor level decks.

 

The review requests the deletion of conditions 2, 4 and 5 and the amendment of condition 6 by requiring only the screen for the front deck to be removed.

 


The applicants have submitted and/or refer to the following documents with their request for a Section 82A Review:-

·     A covering letter dated 2 September 2010;

·     Their town planning consultant’s report dated 3 September 2010; and

·     The Statement of Environmental Effects prepared by their architect dated 10/5/10.

 

The above three documents are attached as AT-1 and AT-2. The town planner’s report addresses each of the four conditions that are the subject of this review.

 

PREVIOUS APPROVALS/HISTORY

 

The development application was for significant alterations and additions to the dwelling house and a proposed garage, swimming pool and a front fence and retaining wall.

 

Two submissions were received, one from each adjoining owner. In summary the main concerns raised were overlooking and overshadowing. Overlooking was addressed by conditions whilst the level of overshadowing was assessed as reasonable.

 

The application was approved under the delegation of the Manager Development Assessment. A copy of the assessment report on the development application is attached as AT-3.

 

Council has subsequently issued a Construction Certificate (CC) for the approved works to the dwelling house on 19 October 2010.  The CC excludes works at the front of the site that are the subject of this review. Demolition of part of the dwelling house has commenced and the front yard has generally been cleared. 

 

RESPONSE TO NOTIFICATION

 

One submission was received in response to the notification of the Section 82A Review. The issues raised in the submission are:

 

·     the garage roof should not be made trafficable;

·     whilst not objecting to the proposed use of the front terrace as an entertaining area this should satisfy Council’s safety and privacy guidelines; and

·     should Council agree to the request privacy screens should be provided on the southern side of the front terrace to ensure privacy and reduce noise.

 

COMMENTS

 

The assessment report on the development application that is attached as AT-3 sets out the reasons for imposing each of the four conditions.  The relevant section of the report in relation to each of the four conditions is confirmed below in addition to a comment on the applicant’s reasons for a review of the condition.

 

·     Condition 2:  Table 1 on page 3 of the report confirms the degree of non-compliance and is discussed under the sub-heading (i) Front setback on pages 5 and 6.  Under the DCP minor design features may project forward of the building line.  The proposed front ground floor terrace adjoining the living and dining areas is not a minor feature.

 

·     Condition 4:  Table 4 on page 4 of the report addresses the non-compliance of the proposed garage relative to the required setback of a carport under the DCP and is discussed under the sub-heading Table 4: Garage on pages 7 and 8.  In addition although the DCP may only require a splay for fences over 900mm on major roads and on corner allotments, a splay was included to provide a reasonable line of sight.  Other garages in this street have been constructed with both a setback and a splay provision.

 

·     Condition 5:  Table 4 of the report also addresses the issue of a trafficable roof and this is also discussed under the sub-heading Table 4: Garage on pages 7 and 8.  Although the DCP only states that a carport forward of the building line should not have a trafficable roof the same principle has been applied to the trafficable roof for the proposed garage.  The intended use of this garage roof is confirmed under the sub-heading 8.2 Passive Surveillance on page 19 of the applicant’s Statement of Environmental Effects and this states:

 

A barbeque terrace, which overlooks the street, is planned above the proposed garage.

 

·     Condition 6:  Point 2 Overlooking under the sub-heading Response to Notification on page 8 of the report addresses the concerns raised by both adjoining owners.  This condition was imposed because the pine tree referred to by the applicant’s consultant would not totally prevent the potential overlooking from the proposed front first floor level deck.  The intended use of this deck/terrace is confirmed under the sub-heading 1.7.3 Private open space on page 27 of the applicant’s Statement and this states:

 

The roof top terrace fronting Holdsworth Avenue is a paved area designed for entertainment.

 

In addition to the sections of the attached assessment report referred to above that report also included comments in relation to the impacts of the front ground floor terrace; the trafficable garage roof and the general design of the alterations and additions to the existing dwelling house under the sub-heading Impacts on pages 9 and 10.

 

OPTIONS FOR PLANNING AND BUILDING COMMITTEE TO CONSIDER

The two options available are:-

1.         Reaffirm the original decision of 16 August 2010 to approve the proposal subject to all of the original conditions including conditions 2, 4, 5 and 6; or

2.         Delete some or all of conditions 2, 4 and 5 and part of condition 6 as requested by the applicant.

 

CONCLUSION

The development application that is addressed in this report was approved under the delegation of the Manager Development Assessment subject to conditions including conditions 2, 4, 5 and 6.  This report is a review under Section 82A of the EP&A Act 1979 of those four conditions of the development consent.

Two of these four conditions, i.e. conditions 4 and 5, relate to a garage forward of the building line. Although Council’s DCP does not have provisions for the setback or the trafficability of a garage in front of the building line, it does provide provisions for both the setback and the trafficability of a carport in this position. These two carport provisions have been applied to the garage that forms part of the original development.  

In relation to the other two conditions; condition 2 addresses the DCP requirement to maintain a reasonable building line, whilst condition 6 seeks to reduce overlooking from the two first floor level decks over both the front and rear yards of the adjoining property to the north of the site.  Whilst the Section 82A Review was notified and one objection has been received from the owner of the adjoining property on the site’s south side, the owner of the adjoining property on the site’s north side raised concerns in relation to overlooking in a submission to the original development application. 

The application is submitted to the Planning and Building Committee for review and determination.  Two options have been suggested for the Planning and Building Committee’s consideration.

 

RECOMMENDATION

 

That the Section 82A Review be determined by the Planning and Building Committee based on the two options outlined above.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Letter from Ian Middleton and Sarah Southall and Town Planning Consultant's Report

4 Pages

 

AT‑2 View

Statement of Environmental Effects dated 10.5.10

41 Pages

 

AT‑3 View

Delegated Authority Report No. 334

20 Pages

 

 

 


Planning and Building Committee Meeting 15 November 2010

 

Environmental Services Division Report No. 46

 

 

 

 

 

Reference:    Environmental Services Division Report No. 46

Subject:          Delegated Authority Report - October 2010    

Record No:    SU1863 - 47581/10

Author(s):       Angela  Panich 

 

 

Executive Summary

 

During the month of October 2010 a total of 35 Development Applications were determined under delegation by staff.  In addition one (1) Construction Certificate and 26 Privately Certified Construction Certificates were issued.  There were 12 Privately Certified Complying Developments and one (1) by Council.

 

Developments under the new State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 in October were:

 

                        Dwelling                                  -           10 Barwon Road, Lane Cove West;

                        Inground Pool                          -           24 Sofala Avenue, Riverview;

                        Dwelling                                  -           71 Northwood Road, Northwood;

                        Office Fitout                            -           203/27 Mars Road, Lane Cove West;

                        Inground Pool                          -           64 Stuart Street, Longueville;

                        Inground Pool                          -           454 Mowbray Road, Lane Cove North;

                        Dwelling                                  -           43 Parklands Avenue, Lane Cove North;

                        Office Fitout                            -           118-120 Longueville Road, Lane Cove;

                        Office Fitout                            -           71 Longueville Road, Lane Cove;

                        Office Alts and Adds               -           2/4-6 Chaplin Drive, Lane Cove West;

                        Inground Pool                          -           41 Tambourine Bay Road, Lane Cove; and

                        Office Fitout                            -           73 Longueville Road, Lane Cove.

                       

Status on Joint Regional Planning Panel Reports

 

 

 

Address

 

Date

Lodged

 

 

DA Type

 

 

Status

Panel Meeting Date

 

 

Decision

3-9 Finlayson St

25/06/10

Residential flat building with 56 units

Report finalised

06/10/10

Approved

290 Burns Bay Rd

09/07/10

Residential flat building with 36 units

Report finalised

06/10/10

Refused

1-5 Little Ln

10/08/10

9 storey Residential/Commercial/ Retail building

Withdrawn

01/12/10

Withdrawn

284-288 Burns Bay Rd

29/09/10

Residential flat building with 85 units

Briefing held, amended plans to be submitted

 

 

532-534 Mowbray Rd & 72-74 Gordon Cres

13/09/10

Residential flat building with 52 units

Briefing held, amended plans to be submitted

 

 

554-560 Mowbray Rd

09/09/10

Residential flat building with 58 units

Being notified

 

 

544 -550

Mowbray Rd

21/10/10

Residential flat building with 62 units

On-going

 

 

 

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Applications Determined for October 2010

5 Pages