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Agenda

Planning and Building

Committee Meeting

16 May 2011, 8:00pm

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building Committee, to be held in the Council Chambers on Monday 16 May 2011 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 Government Information (Public Access)  Act 2009, 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 16 May 2011

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING - 2 MAY 2011

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 93

SUBJECT: 20 Kingslangley Road, Greenwich

 

3.       Environmental Services Division Report No. 18

SUBJECT: Delegated Authority Report - April 2011  

 

 

 

                      


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

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 96 Modification for the demolition of existing dwelling house and construction of a new dwelling house

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 DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

No

NOTIFICATION

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

 

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

 

 

Proposed

Control

Complies

Floor Space Ratio

0.5

0.5

No Change*

Height of Buildings

8.2 m

9.5m

No Change

* Note: The existing floor area remains unchanged. The FSR has not been recalculated on the bases of the FSR definition in LEP2009.

 

Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

8.0 m

Consistent with area or 7.5m

No Change

Secondary street setback (corner lots)

NA

2m

No Change

Side setback (min)

 

No Change to original approval

1200mm/1500mm

No Change

Rear setback (min)

16.5 m

<1000m²

 

No Change

Wall Height (max) (maximum parapet of 600mm)

No change to approved height

7.0m

No Change

Maximum Ridge height

No change to approved height

9.5m

No Change

Subfloor height (max)

Nil

1.5m

No Change

Number of Storeys (max)

2

2

No Change

Landscaped area (min)(Minimum width of 1m required to be included in area)

38.1%

35%

No Change

Foreshore Building Line   (min)

NA

 

NA

Cut and Fill      (max)

Less than 1m

1m

Yes

Solar Access

No change to approved envelope

3 hrs to north-facing windows

No Change

Provide for view sharing

No change

 

No Change

Deck/Balcony depth (max)

1.5 m

3m

No Change

 

Proposed

Control

Complies

Private open space

No change to approved area

24 m² (min)

4m minimum depth

No Change

Basix

Amended certificate provided

Required

Yes

 

Fences

 

 

Proposed

Control

Complies

Front and side return fence (Existing fence to be repaired and provide gate to height 1.8 m

No change to existing fence except for repairs

Solid:   900mm

(solid and open design): 1.2m

Same as per original approval

Setback from front boundary if fence is from 1.2m to 1.8m.

Drive way gate set back 1.6 m

Existing fence- New pedestrian entry gate 1.8 m

Existing fence to be repaired with new entry gate

Same as per original approval except for new entry gate

 

Yes

Side and rear fences

No change

1.8m

No Change

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

No change to original approval 2 spaces

No Change

Driveway width

3.5 m as per original approval

Existing approval

at 3.5 m

No Change

 

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.

 

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.

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

2 Pages

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

 


Planning and Building Committee Meeting 16 May 2011

Environmental Services Division Report No. 18

 

 

Reference:    Environmental Services Division Report No. 18

Subject:          Delegated Authority Report - April 2011    

Record No:    SU1863 - 17738/11

Author(s):       Angela  Panich 

 

 

 

During the month of April 2011 a total of 25 Development Applications were determined under delegation by staff, and 1 by Council.  In addition three (3) Construction Certificates and 10 Privately Certified Construction Certificates were issued.  There were nine (9) Privately Certified Complying Developments.

 

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

 

CD No

Address

Description of Work

CD36/11

5 Brooks Street, Linley Point

S96 – Increase in alfresco area

CD38/11

69 Northwood Road, Northwood

Alterations and additions to dwelling and pool house

CD39/11

69 Northwood Road, Northwood

Granny flat conversion

CD36/11

5 Brooks Street, Linley Point

Construction of a Pergola

CD40/11

25 Currawong Avenue, Lane Cove West

Inground swimming pool

CD44/11

6 Currawong Avenue, Lane Cove West

Alterations and additions to existing dwelling

CD41/11

18-20 Orion Road, Lane Cove West

Office partition – part internal office changes on level 8

CD42/11

21 Innes Road, Greenwich

Alterations and additions to existing dwelling and new pool

CD43/11

24 Hallam Avenue, Lane Cove West

Install fibreglass swimming pool

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Delegated Authority Report - April 2011

3 Pages