Planning
and Building Committee Meeting 16 May 2011
Environmental Services
Division Report No. 93
Reference: Environmental Services Division Report No. 93
Subject: 20 Kingslangley Road, Greenwich
Record No: DA09/258-01 - 17039/11
Author(s): Rajiv Shankar
Property: 20 Kingslangley Road, Greenwich
DA No: D258/09
(Section 96 modification)
Date Lodged: 4
March 2011
Cost of Work: $500,000
Owner: Jian
Liu & Jacquard Wong
Applicant: Jacquard
Wong
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DESCRIPTION OF PROPOSAL TO APPEAR ON
DETERMINATION
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Section 96 Modification for the
demolition of existing dwelling house and construction of a new dwelling
house
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ZONE
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R2 Low Density Residential
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IS THE PROPOSAL PERMISSIBLE WITHIN THE
ZONE?
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Yes
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IS THE PROPERTY A HERITAGE ITEM?
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No
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IS THE PROPERTY WITHIN A CONSERVATION
AREA?
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No
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DOES DCP 1- BUSHLAND APPLY TO THE
PROPERTY?
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No
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BCA CLASSIFICATION
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Class 1a
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STOP THE CLOCK USED
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No
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NOTIFICATION
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Neighbours 9, 11, 13, 14, 18, 11A, 22 Kingslangley Rd, 112, 114, 116, 116A, 118, 120 River Rd.
Ward Councillors Clr W Gaffney, Clr D Brooks-Horn, Clr P
Palmer, Clr R Tudge
Progress Association Greenwich Community
Association
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REASON FOR REFERRAL
This modification application is referred
to the Planning and Building Committee because the original application was
considered by the Planning and Building Committee in its meeting held on the 15
March 2010.
The application has also been called to the
Planning and Building Committee by Councillor Palmer because of the concerns
raised by the adjoining neighbour.
EXECUTIVE SUMMARY
· The
original proposal was for the demolition of an existing dwelling house and the
construction of a new two storey dwelling house.
· The
proposal is to modify the original consent. The modifications are for a range
of variations within the proposed dwelling house and include deletion of
condition 33 which requires the installation of tree protection measures
adjoining a Poplar street tree.
· One
submission has been received in response to the neighbour notification.
· Council’s
engineer has not raised any objection to the proposed modifications and not
suggested any additional conditions.
· Council’s
Tree Assessment Officer has recommended that the condition 33 be retained.
· The
proposed modifications are recommended for approval except for the deletion of
Condition 33.
SITE
The site is located on the south western
side of Kingslangley Road. The site is rectangular in shape with an area of
627.08sqm. The site falls away from the street boundary and towards the north
western side boundary.
The existing dwelling house has already
been demolished and construction works have commenced on the subject site.
Neighbouring to the south-east is a two
storey brick dwelling house with a carport in front. Towards the north-west is
an access to 22 and 22A Kingslangley Road. Beyond the access is Henningham
Reserve. Site Plan and Notification Plan attached (AT-1 and AT-2).
PROPOSAL
The proposed
modifications are as follows:-
· Delete Condition 33 which is as
follows:-
33 A 1.8m high fence of
chain mesh shall be erected around the dripline of the Poplar street tree. The
soil levels within the fenced area shall remain undisturbed.
The reason to
request for the deletion of the condition is as follows:-
“The
subject tree (Popular Street Tree) is 9m away from the site’s vehicular entry.
It is not in front of the street frontage of the subject site, rather it is in
front of the property at No 22. There is a development presently under
construction at 22 Kingslangley Road.
It is onerous to ask for No 20 to provide protection to a tree that is clearly
outside its construction area and away from the main vehicular entry to the
site.”
Other
modifications and amendments proposed are as follows:-
· Laundry internal layout revised and
change the external door to a window.
· Powder room internal layout changed
and re position window.
· Kitchen window changed.
· Re position garage window.
· Basement to be deleted including
windows.
· Dinning room sliding door sized
changed so the opening is limited to ground level.
· Living room sliding door size changed
so the opening is limited to ground level.
· Gas fire place and flue added to the
living room.
· Skydomes added for hall ways and
kitchen and such to be located on ground floor roof towards the SW side.
· Windows to staircase size revised.
· Window to bed1 size and configuration
changed.
· Bed 1 internal layout revised.
· Ensuite and bed 4 South west window re
positioned.
· Hall way window on level 1 south west
window size changed.
· Bath room 1 window size changed.
· Bath room 1 window south east changed.
· Bed 2 and 3 internal wall revised.
· Bed 3 new window proposed on the south
west wall.
· Pergola at the rear deleted.
· Driveway off set from existing wall to
be increased by 300mm on the northern side.
· Sliding front gate changed so height
does not exceed 1.8 m above foot path.
· Revise location of solar hot water
unit.
· Repair works to existing front wall.
· New gate added to existing opening NW
side of front wall.
PREVIOUS APPROVALS/HISTORY
DA258/09 - Demolition of existing dwelling
house and construction of a new dwelling house approved on 22 March 2010.
PROPOSAL
DATA/POLICY COMPLIANCE
Local Environmental Plan 2009
Zoning: R2 Low Density
Residential
Site Area: 627.08
m²
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Proposed
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Control
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Complies
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Floor Space Ratio
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0.5
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0.5
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No Change*
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Height of Buildings
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8.2 m
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9.5m
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No Change
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* Note: The existing floor area remains unchanged. The
FSR has not been recalculated on the bases of the FSR definition in LEP2009.
Comprehensive DCP
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Proposed
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Control
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Complies
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Front setback (min)
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8.0 m
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Consistent with area or 7.5m
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No Change
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Secondary street setback (corner lots)
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NA
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2m
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No Change
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Side setback (min)
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No Change to original approval
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1200mm/1500mm
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No Change
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Rear setback (min)
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16.5 m
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<1000m²
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No Change
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Wall Height (max) (maximum parapet of
600mm)
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No change to approved height
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7.0m
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No Change
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Maximum Ridge height
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No change to approved height
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9.5m
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No Change
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Subfloor height (max)
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Nil
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1.5m
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No Change
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Number of Storeys (max)
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2
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2
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No Change
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Landscaped area (min)(Minimum width of
1m required to be included in area)
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38.1%
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35%
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No Change
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Foreshore
Building Line (min)
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NA
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NA
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Cut and
Fill (max)
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Less than
1m
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1m
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Yes
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Solar Access
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No change to approved envelope
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3 hrs to north-facing windows
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No Change
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Provide for view sharing
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No change
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No Change
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Deck/Balcony depth (max)
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1.5 m
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3m
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No Change
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Proposed
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Control
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Complies
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Private open space
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No change to approved area
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24 m² (min)
4m minimum depth
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No Change
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Basix
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Amended certificate provided
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Required
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Yes
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Fences
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Proposed
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Control
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Complies
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Front and side return fence (Existing
fence to be repaired and provide gate to height 1.8 m
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No change to existing fence except for
repairs
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Solid: 900mm
(solid and
open design): 1.2m
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Same as per original approval
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Setback from front boundary if fence is
from 1.2m to 1.8m.
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Drive way gate set back 1.6 m
Existing fence- New pedestrian entry gate
1.8 m
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Existing fence to be repaired with new
entry gate
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Same as per original approval except for
new entry gate
Yes
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Side and rear fences
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No change
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1.8m
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No Change
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Car Parking
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Proposed
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Control
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Complies
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Off-street spaces (min)
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No change to original approval 2 spaces
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1
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No Change
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Driveway width
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3.5 m as per original approval
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Existing approval
at 3.5 m
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No Change
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Referrals
Manager Urban Design and Assets
No objection
raised subject to original conditions applying to the modified consent.
Tree
Assessment Officer
The Tree
Assessment Officer does not agree that condition 33 should be deleted from the
consent. The tree is in front of the subject property and 22 Kingslangley Road
in the road reserve. It is reasonable to require the applicant to provide tree
protection measures to a street tree. The tree was also required to be
protected during the development at 22 Kingslangley Road which is now
completed.
Environmental
Planning and Assessment Act 1979
S.96(2)
MATTERS FOR CONSIDERATION
96(2)(a)
The Development to Which the Consent Relates to is Substantially the Same
Development.
The proposed
changes are relatively minor in nature and as such the proposed development is
substantially the same as to that which was approved by Council.
96(2)(b)
Consultation with Relevant Minister, Public Authority or Approval Body.
There is no
requirement to consult with the Minister, public authority or approval body as
a result of the proposed modifications.
96(2)(c)
Any Submissions Made
One
submission has been received in response to the notification of the development
application. The issues raised in the submission have been discussed later in
the report.
79 c
(1)(a) the Provisions of Any Environmental Planning Instrument
Lane Cove
Local Environmental Plan 2009
The subject
site is zoned R2 Low Density Residential under the provisions of Lane Cove
Local Environmental Plan 2009. The Section 96 modification to the original
proposal is permitted with the consent of Council.
Lane Cove
Comprehensive Development Control Plan
As indicated
in the Policy Compliance Table, the modifications do not significantly alter
the original approval. The modifications substantially relate to internal wall
changes and room configurations and external window locations and sizes.
The request
to delete condition 33 is not supported by Councils Tree Assessment Officer.
The tree is in front of the subject property and 22 Kingslangley Road in the
road reserve. It is reasonable to require the applicant to provide tree
protection measures to a street tree. The tree was also required to be
protected during the development at 22 Kingslangley Road which is now
completed.
The other
structural modifications include the deletion of the basement and the pergola
structure in the rear yard.
The
modifications as proposed do not substantially alter to those original approval
with DA consent 258/09.
Variations
to Council’s Codes/Polices
The preceding
policy assessment table identifies that the proposal with the modifications
meets the Council controls.
Section
79C (1) (c) - The Suitability of the Site for the Development
The proposed
modification will not affect the suitability of the site for this development.
79(C)(d)
Any Submissions Made
One submission has been received in response to the notification of the
development application. The issues raised in the submission can be summarised
as follows.
The resident of 18 Kingslangley Road raised concerns about the approved
development with regard to over shadowing, reduction in solar access, impact on
the living space and lack of direct natural light to the property at 18
Kingslangley Road.
Comment
The proposed modifications do not alter the approved built form except
for the deletion of the pergola and the basement. The concerns with regard to
over shadowing, reduction in solar access, impact on the living space and lack
of direct natural light relate to the original approval and are considered
reasonable.
As the consent to the dwelling house has been granted, Council cannot
review the original approval in this Section 96 amendment application.
The other matters raised in the submission that relate directly to the
modification application include:
· Confusion as to what elevations
propose the modifications.
· Reposition garage windows creating a
situation where direct vision to the front door of 18 Kingslangley Road will
occur and be a privacy concern.
· Gas flue location being adjoining a
bed room window of 18 Kingslangley.
· Skydomes have not been confirmed
regarding final location.
· Hall way window on the first floor
level faces directly into bed room 1 at 18 Kingslangley creating privacy
concerns.
· New window on the South West wall will
create privacy concerns to a bed room at 18 Kingslangley particularly as a new
window is proposed in the bed room of concern.
· New driveway off set should also
include the replacement of the stormwater drainage system that services a
charged line from 18 Kingslangley.
· Revised solar hot water system
location should be such that it will not create a reflective nature on the
property at 18 Kingslangley particularly the upstairs balcony.
· The approved plans give reference to
replacing the retaining wall adjoining the existing dividing fence between the
two properties. It is requested that Council confirm that the recommendations
in the Dilapidation Report and Survey will be acted upon.
Comment
The plans submitted with the application indicate window changes to the
South East, North West and South West Elevations. It is considered that the
plans are correctly identified in regard to elevations.
· The repositioned garage windows are in
fact higher (considered to be high light windows) than the original location
and should not contribute to any loss of privacy to the adjoining property.
· The location of the gas flue is
indicated on the plan to be 3.5 m from the common boundary between the
properties. The installation of the system is required to comply with the
relevant Australian Standard for domestic gas appliances and such is the
responsibility of the authorised installer to comply with the controls and
relevant standard.
· The plans do indicate a location for
the Skydomes in the flat roof section of the dwelling approximately 3.2 m from
the common boundary. The concern about the comment on the plans that location
to be confirmed is not considered to be an issue as the installation of
skydomes in the roof will have no impact on the adjoining property as they are
low profile units.
· The hall way window has been
marginally increased in width however as it is located approximately 5.2 m from
the common side boundary and the hall area is a passage way therefore it is
considered the possibility of loss of privacy to the adjoining property is
minimal if any with the window change.
· The new window to bed room 3 is a
small window and considered to be a secondary window to the room that would not
be normally used for viewing purposes. The main windows to the bed room face
the front of the property opening onto an elevated deck. The window of concern
could have obscure glass or screen to reduce any privacy concerns.
· The drive way off set will generally
improve access. If drainage pipes are damaged during the construction program
on the road reserve at the front of the site it is normal building practice to
replace such as required by Councils Engineering section.
· The solar system is indicated to be
located on the rear roof section of the building approximately 7 m to the
common side boundary with 18 Kingslangley Road. The solar panels also are
normally orientated to the north east and therefore should not have any issues
regarding reflection into the properties on the southern side.
· The construction of the retaining wall
is part of the original approval and there is no reason to assume it will not
be constructed in a proper manner that would cause structural concerns to the
dividing fence.
CONCLUSION
The application has been assessed having regard to the relevant
Planning Instruments and Council controls, as well as public good and
suitability of the site. The matters under Section 96 and Section 79C of the
EP&A Act have been considered and are considered to be adequate and satisfactory.
The proposal is consistent with the original consent and the
modifications are considered to have a minor environmental impact on the
locality and adjoining properties.
The application is recommended for approval subject to the original
conditions that were applied to the consent DA 258/09 plus an additional
condition relating to screening or obscure glazing to the new window to bedroom
3.
The condition number 33 of the original consent is not recommended to
be deleted or modified.
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RECOMMENDATION
That pursuant to
the provisions of section 96 of the Environmental Planning and Assessment
Act, 1979, as amended, the development consent 258/09 granted on 22 March
2010 for the demolition of existing dwelling house
and construction of a new dwelling house on Lot 2 DP 103040 known as 20
Kingslangley Road Greenwich is amended in the following manner:-
A Amend
condition number 1 as under:-
1. That the development be strictly in accordance with
drawing number S96/01, S96/02, S96/03, S96/04, S96/05, S96/06, S96/07, S96/17
dated March 2011 by JCQ Design except as amended by the following conditions.
B Additional
condition:-
58. The windows on the south eastern external first floor wall
to bedroom 3 and bathroom 1 to be either obscure glazing or provided with
screening to maintain privacy to the adjoining residential property. Details
of the glazing or screening to be submitted to the Principal Certifying
Authority prior to the issue of the Construction Certificate.
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Michael Mason
Executive Manager
Environmental Services Division
ATTACHMENTS:
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AT‑1
View
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Site Location Plans
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2 Pages
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AT‑2
View
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Neighbour Notification Plan
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2 Pages
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