m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

Inspection Committee Meeting

3 September 2011, 8:30am

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Inspection Committee, to be held on site on Saturday 3 September 2011 commencing at 8:30am. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully

 

 

 

Craig Wrightson

Acting General Manager

 

 

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.

 

Committee Meeting Procedures

 

The Inspection Committee Council meeting is chaired by the Mayor, Councillor Win Gaffney. Items referred to the Committee are referred to a Council or Committee Meeting 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 Council resolves to modify the order at the meeting.

 

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.

 

 

 


Inspection Committee 3 September 2011

TABLE OF CONTENTS

 

 

 

Environmental Services Division Reports

 

1.       Environmental Services Division Report No. 164

SUBJECT: 19A Bent Street, Greenwich (8:30am)............................................. 4

 

2.       Environmental Services Division Report No. 166

SUBJECT: 27A Bellevue Avenue, Greenwich  (9:00AM)................................ 38  

 

 

Referred Reports FROM Ordinary Council 15 August 2011

 

3.       Open Space and Urban Services Division Report No. 11

SUBJECT: Richard Street, Greenwich - Request to Purchase Road Reserve (9:30AM).......................................................................................................................... 53

 

             


Inspection Committee Meeting 3 September 2011

Environmental Services Division Report No. 164

 

 

 Reference:    Environmental Services Division Report No. 164

Subject:          19A Bent Street, Greenwich    

Record No:    DA11/30-01 - 28495/11

Author(s):      Kristy  Wellfare 

 

 

Property:                     19A Bent Street, Greenwich

 

DA No:                                    DA11/30

 

Date Lodged:              7/3/2011

 

Cost of Work:              $1,146,300

 

Owner:                                    S C Lancaster

 

Applicant:                    CPLUSC Design Construct Pty Ltd

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of the existing dwelling house on the site, construction of a two-storey dwelling house, inclinator and swimming pool and associated landscaping works

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

IS THE PROPERTY ADJACENT TO BUSHLAND?

Yes

BCA CLASSIFICATION

Class 1a and 10

STOP THE CLOCK USED

Yes, 76 days

NOTIFICATION

Neighbours                   17, 19, 21, 21A, 22, 23, 24, 25, 26 & 28 Bent Street, 21 & 23 Seaman Street

Ward Councillors          East Ward

Progress Association    Nil

Other Interest Groups  Lane Cove Bushland and Conservation Society, Greenwich Community Association

 

Reason For Referral

 

This development application has been called by Councillors Tudge and Brooks-Horn in response to neighbour concerns.

 

Executive Summary

·    The applicant seeks consent for the demolition of the existing dwelling house on the site, construction of a two-storey dwelling house, inclinator, swimming pool and associated landscaping works.

·     Four submissions were received during the notification period. Concerns raised included: view loss, inadequate side setbacks, loss of privacy and increased overlooking from the proposed dwelling, privacy and noise impact from the proposed inclinator and platform, pedestrian and vehicular visibility from the proposed garage, impact on outlook, solar access, overall height and materials and finishes.

·     Council requested the submission of amended plans and additional information regarding the non-complying aspects of the original proposal (side wall height, number of stories, and elevated deck width).

·     Amended plans and additional information were received which modified the proposed width of the elevated deck, amended the positioning of the ground and lower ground floors to reduce the maximum side wall height and to comply with the number of stories control.  

·     The application is recommended for approval subject to 78 draft conditions.

 

Site

 

The site is a battle-axe allotment with an access handle to Bent Street. The site is 803m² in area and has a rear frontage of 11.763m to the bushland reserve, side boundaries of 53.467m and 78.956m and a width at the access handle of 13.259m. The street frontage is 4.724m and accommodates a single garage with storage under.

 

The site falls away from the street, with a difference in level of approximately 12m between the street level and the dwelling house ground floor level, with a further fall of approximately 12 m to the rear property boundary. There is a single storey dwelling house on the site, which is accessed via a single set of stone and concrete stairs that traverse the access handles owned by 19 and 19A Bent Street and is the subject of a reciprocal right of footway. Existing development on neighbouring sites consists of part single storey and part multi storey dwelling houses.  Site Plan and Notification Plan attached (AT-1 and AT-2).

 

Proposal

 

The applicant seeks consent for the demolition of the existing dwelling house and construction of a two-storey dwelling house, inclinator and swimming pool and associated landscaping works.

 

Specifically the works include:-

·    Demolition of the existing dwelling house;

·    Construction of a two storey dwelling house comprising a single storey pavilion on the northern side of the site and a two storey pavilion on the southern side of the site connected by a ground floor glazed link area;

·    Construction of a swimming pool and deck in the rear yard at lower ground floor level;

·    Construction of an inclinator and amendments to the stair access to the site; and

·    Construction of an entry bridge connecting the inclinator to the southern pavilion at first floor level.

 

Previous Approvals

 

DA07/113:       Alterations and additions to the existing dwelling. Approved 31.07.2007.

 

Application History

 

The application was submitted on 7 March 2011. Four (4) submissions were received during the notification period. The concerns raised have been highlighted in the Executive Summary and are discussed in detail later in this report.

Following a preliminary assessment, neighbour concerns were brought to the attention of the applicant by letter dated 29 March 2011. The applicant was also asked to address the numerical non-compliances identified in the preliminary assessment, including extent of fill proposed in the rear landscaped area, three storeys in scale, height of the swimming pool, side wall height, and garage setbacks and safety concerns.

 

Meetings were held with Council officers and amended plans were submitted to Council on 9 June 2011.  The amendments included:-

·    Alterations to the proposed landscaping on the site to reduce the fill proposed to less than 1.0m at any point.

·    Minor amendment to the ground floor level to reduce the resulting side wall height to 7.6m, which complies with the requirements of the DCP for flat-roofed dwelling houses.

·    Reduction in the depth of the elevated ground floor level deck to comply with the 3.0m requirement of the DCP.

·    Minor alteration to the lower ground floor level to ensure the proposal would not be more than two storeys above ground level (existing) at any point.

·    Clarification of the existing and proposed levels of the pool area to demonstrate the proposed swimming pool deck is not more than 1.17m above ground level (existing) and complies with the DCP.

·    Inclusion of a privacy screen along the pedestrian entry bridge to address the privacy concerns of 21A Bent Street regarding the entry bridge.

·    Deletion of the large timber privacy screen proposed along the southern property boundary to reduce the overshadowing impact on 21 and 21A Bent Street, and inclusion of frosted glazing on the inclinator carriage and a smaller privacy screen between the upper inclinator station and 21 Bent Street.

·    Replacement of the solid fin wall at the western end of the northern pavilion with framed louvers to allow access to views through the structure whilst preserving privacy into the western bedroom of the proposed dwelling house.

 

The owners of neighbouring properties who had previously lodged submissions regarding the development application were contacted by Council and made aware that Council was in receipt of amended plans. Due to the minor nature of the amendments submitted, the modified plans were not formally renotified. These amended plans form the basis of this assessment.

 

Proposal Data/Policy Compliance

 

Local Environmental Plan 2009

 

Zoning:           R2

 

 

Proposed

Control

Complies

Floor Space Ratio

0.28:1

0.5

Yes

Height of Buildings

9.2m

9.5m

Yes

 


Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

House: 24.5m

Carport: Nil

Consistent with area or 7.5m

Yes

May be permitted

Side setback (min)

North:  1.2m

 

 

South:  1.5m

1200mm/1500mm

Conditioned to comply (draft condition 2(d))

Yes

Rear setback (min)

32.5m / 41%

<1000m²: 8m or 25%

>1000m²: 10m or 35%

Yes

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

7.6m

7.0m (plus 600mm parapet)

Yes

Subfloor height (max)

Northern: up to 2.1m

Southern: Nil

1.5m

No

Yes

Number of Storeys (max)

2 stories above ground level (existing)

2 stories above ground level (existing)

Yes  

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

50%

35%

Yes

Deck/Balcony depth (max)

3m

3m

Yes

Private open space

> 24 m²

>4m depth

24 m² (min)

4m minimum depth

Yes

Yes

Cut and Fill      (max)

2.4m

1m

No

Solar Access

3 hours to the first floor openings,

>3 hours to middle and lower level openings

3 hrs to a portion of windows of neighbouring dwellings

Yes

 

Provide for view sharing

Louvers proposed to lessen impact on views

 

Yes, subject to appropriate draft conditions regarding the detail of the louvers proposed

Basix

Certificate 361067S submitted

Certificate required

Yes

 

Fences

 

 

Proposed

Control

Complies

Side and rear fences

1800mm of masonry construction

1.8m

Yes

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

1

Yes

Driveway width

Unchanged

3m at the lot boundary

Unchanged

Driveway width (battle-axe lots) (min)

Unchanged

3m

Unchanged

Carports Within the Front Setback and Garages Facing the Street

 

 

Proposed

Control

Complies

Setback of Carport Posts (min)

1.5m

1m from street boundary

Yes

% of Allotment Width (garages & carports)

4.6m / 96% of the lot width

50% of lot width or 6m, whichever is the lesser

No, but replaces an old garage and is to a battleaxe handle

 

Private Swimming Pools

 

Proposed

Control

Complies

Location

Within the rear yard;

Partially within a deck

Behind the front building line and

Not on elevated decks

Yes

 

No

When viewed from waterways and foreshore areas

Obscured by garden terracing and planting

Not adversely affect the amenity and outlook of neighbourhood.

Yes

Setback to Neighbour’s House (min)

3.1m to water

3m to waterline

Yes

Setback to boundary (min)

2.5m to boundary

1m to waterline

Yes

Height (max)

(steeply sloping sites)

 

1.28m

1m

1.8m   

 

Yes

Setback from boundary if coping is above ground level (existing)(min)

Setback 1.2m (height at edge max 1.17m)

Coping to be set back at a ratio of 1:1

Yes

Setback from trees >5m in height (min)

>5m

3m

Yes

Location of pool pump/ filter

Beneath pool deck

As far as practical from neighbouring properties.

Yes

 

Inclinators

 

Proposed

Control

Complies

Rail placement (height)

Up to 2.5m above ground level (existing)

As close to ground level (existing) as possible

Yes, except for first section from carport

Setback to boundaries

South: 450mm

North: 1.8m

1.5m

No

Yes 

Inclinator length

17m

Kept to a minimum

Yes

Screening/screen planting to be provided

Screening to be provided at station and on car

Screening/planting to be provided

Yes

Noise level (max)

60dB(A)

60dB(A) when measured in immediate vicinity of the external structure of any adjoining premises

Yes

Confirmed by draft condition

Rail car/cage height

Glazed with screening to southern side and roof

The rail car/cage shall be of open design with a maximum height of 1m above car/cage floor level

No, but required to maintain privacy to neighbour

Alternative stair route

Stair access retained

Must be maintained

Yes

Referrals

 

Manager Urban Design and Assets

 

The proposal was referred to Council’s Development Engineer for comment. No concerns were raised by Council’s Development Engineer, and the following points were noted in the advice received:-

“The proposed stormwater system has been conditioned to increase the rainwater reuse system to 10,000L as the site is draining via the bushland not directly to the foreshore as per Council’s DCP”.

Draft conditions were provided by Council’s Development Engineer and these draft conditions have been included in the recommendation of this report. (See draft conditions 40-68).

 

Manager Parks

 

The proposal was referred to Council’s Tree Assessment Officer for comment. The following was noted in the advice received from Council’s Tree Assessment Officer:-

·    The proposed carport may require the pruning of a Banksia tree located in the neighbouring property. This tree must not be damaged during construction works. Pruning of any tree on site must be carried out following obtaining a permit for tree pruning from Council.  

·    The construction of the inclinator necessitates the removal of one section of a Port Jackson Fig tree located on the sandstone outcrop at the front of the allotment. The arborist report has identified structural defects in a large section of this Fig hence the arborist’s recommendation for removal of this section of the tree. No objections were raised to the pruning of the Fig to allow adequate room for construction of the inclinator.  

·    The specific tree protection measures set out in section 5.8 to 5.19 of Danny Drapers Arborist Report dated 15th February 2011 must be followed at all stages of the development works.

·    The proposed landscape concept Plan by Spirit Level Designs has been reviewed and is satisfactory and is to be adopted as part of the development consent.

 

Draft conditions were provided by Council’s Tree Assessment Officer requiring the landscape concept plan submitted to be adopted as part of the consent, and that the specific measures outlined in the Arborists report be followed. These draft conditions, as well as the additional draft tree protection conditions recommended by Council’s Tree Assessment Officer, have been included in the recommendation of this report (see draft conditions 62-68).

 

Assistant Open Space Manager, Bushland

 

The proposal was referred to Council’s Assistant Open Space Manager, Bushland for comment. It was noted in the comments provided that the site is directly adjacent to the Gore Creek Reserve and immediately above a public walkway that follows the foreshore. Council’s Assistant Open Space Manager, Bushland noted that the proposed dwelling house and pool are located well back from the reserve and do not fall within the 10 metre bushland buffer zone set by Part H of the Lane Cove Development Control Plan. 

 

In the comments received, Council’s Assistant Open Space Manager, Bushland suggested that the western end of the pool be low to the ground or have a wet edge to reduce its visibility to users of the public walking track. It was also noted that the western end of the pool should be screened with appropriate local native plants.

 


Comment

 

The pool is located over 29m back from the boundary with the reserve, and would be partly screened by the existing gardens on the site.  The pool is located outside of the 10m setback zone and also complies fully with the DCP in terms of height and setbacks.  A draft condition has been provided in the recommendation, requiring the western end of the pool to be screened by native plantings and any undercroft treated in a manner that blends with the natural environment.

 

Traffic

 

Following concerns having been raised by the neighbouring property regarding the visibility from the proposed garage and safety and comment from Council’s Traffic Manager, the proposed garage was amended to be a carport by the applicant.

 

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

 

In accordance with LEP2009, the site is zoned R2 - Low Density Residential, with a maximum floor space ratio of 0.5:1 and a maximum height of 9.5 metres.  The proposal meets these requirements,  is a permissible use in the zone and meets the aims and objectives of the Plan.

 

Other Planning Instruments

 

State Environmental Planning Policy No 19 – Bushland in Urban Areas

 

The site shares its rear boundary with land which is zoned E2 – Environmental Conservation under Lane Cove LEP 2009. The proposal has been considered having regard to the need to retain any bushland on the land, and the effect of the proposed development on bushland, in particular, on the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within the bushland. Council is satisfied that, subject to the imposition of appropriate draft conditions of consent, the proposal is acceptable. (See draft conditions 69-79).

 

State Environmental Planning Policy No 55 – Contaminated Lands

 

Clause 7 of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding the fact that site investigations have not been carried out, an examination of Council’s computer records and information provided by the applicant indicates a history of residential development on the site and adjoining sites. The proposal does not raise any concerns in relation to SEPP55 and further investigation is not required in this instance.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

The plans were accompanied by BASIX Certificate 361067S, and the commitments required to be noted at the development application stage are shown on the accompanying plans.

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 and Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 (deemed SEPP)

 

The site is located within the Foreshores and Waterways Area as defined by the plan and in accordance with the Ecological Communities and Landscape Character maps accompanying the DCP, the site is located in Landscape Character Type 9 in the vicinity of areas of high and medium protection value being Open Forest Type B and Mixed rock intertidal, sand and mudflats. The site is separated from the wetlands protection area identified by the Plan by a Council-owned reserve.

 

The application has been assessed against the performance criteria for the Type 9 locality and satisfies the criteria as follows and is satisfactory. The proposal would not result in any undue impacts on the views from the Lane Cove River. The proposal involves an inclinator, which in accordance with the Clause 29 and Schedule 2 of the REP was referred to the Foreshores and Waterways Committee who advised:-

“The Committee recommends that the consent authority take into consideration the relevant matters as prescribed in the Sydney Regional Environmental Plan Sydney Harbour Catchment) 2005 (deemed SEPP) along with the Sydney Harbour Foreshores & Waterways Area DCP for SREP (Sydney Harbour Catchment) 2005. The Committee has no additional matters to raise in respect to the proposed development.”

 

Council has taken the relevant provisions of the REP and DCP into consideration in the assessment of this application and has hence followed the recommendation of the Committee.

 

The proposed inclinator has been considered having regard for the provisions of 5.14 of the DCP. The proposal accords with the objectives of the DCP, and is considered to accord with the criteria in 5.14 as follows:-

•    The proposed inclinator is sited as close as possible to natural ground level given the topography and constraints of the site;

•    The proposed inclinator does not result in any undue impact on the privacy of adjacent dwellings and is screened by the canopy of the Port Jackson fig on the site;

•    Due to the existing development on the site and adjoining site at 19A Bent Street, and the existing vegetation on the site, the proposed inclinator does not obscure or break a view line of a rock or cliff face;

•    Requirements for soil erosion measures have been included in the recommendation of this report; and

•    Although the shared use of access facilities is encouraged, the location of the proposed inclinator is not considered to be overly environmentally or visually sensitive due to the existing structures and vegetation on the site and adjoining sites.

 

Applicable Regulations

 

Environmental Planning and Assessment Regulation 2000

 

The proposal involves demolition of the existing dwelling house.  Under Clause 92 of the Environmental Planning and Assessment Regulation 2000, Council must take into consideration Australian Standard (AS2601-2001):  The Demolition of Structures.  The matter may be addressed by conditions of consent and has been addressed by conditions in the recommendation section of this report.

 

Variations To Council’s Codes/Policies (Sections 79c(1)(a), (1)(b), and (1)(c))

 

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

 

Extent of Excavation

 

The proposal involves excavation to accommodate the lower ground floor level of up to 3m which does not comply with the requirements of the Lane Cove Development Control Plan which permits up to 1.5m cut and fill on sloping sites

 

The proposal is however not contrary to the objectives of the Cut and Fill control and is considered to be acceptable for the following reasons:-

·     The elevated ground floor level proposed is situated at a similar level to the existing dwelling house on the part of the site that is the least steep. Historically, prior to the subdivision of the land, this part of the site accommodated the tennis court of 17 Bent Street. The area of excavation proposed is in a part of the site which is currently unstructured exposed earth beneath the existing ground floor level which falls away sharply toward the west and is an appropriate location to accommodate the additional floor space while limiting the westward alignment of the proposed dwelling house.

·     To reduce the excavation to less than 1.5m would require the lower ground floor to be located further westward toward the rear of the site and would result in a finished floor level that is further above ground level (existing) than the proposed lower ground floor level which is proposed at or below ground level (existing).

·     The location of the excavation is sufficiently separated from neighbouring properties and would not result in any undue amenity impact on the neighbouring properties.

·     The proposed development responds to the topography of the site.

·     Existing site landforms are retained as much as possible.

·     The proposed excavation would not unduly change water run-off patterns.

 

Undercroft Height – Northern Pavilion

 

Whilst not technically an undercroft but rather the void beneath a cantilevered element, the height of the structure is greater than 1.5m above ground level (existing) at that point.  As such, the northern pavilion has been considered to have a greater impact than a single storey structure and a minimum 1.5m setback required (see draft condition 9(d)).

 

Carport Width (% of Lot Width)

 

The proposed carport is 4.6m in width or 96% of the lot width at that point. The carport is located at street level on the access handle of the allotment which is 4.724m in width at the street. Existing development on the site consists of a single garage at this location. The proposed carport is wider than the existing garage on the site to accommodate a bin storage area and a cover for the pedestrian entry. The carport support which forms the bin storage area is set back 1500mm from the front property boundary and the remaining post is set back 2.5m.  Given the site constraints the variation to the DCP is supported.

 

Setback to Boundaries - Inclinator

 

The proposal involved a setback of 450mm from the southern site boundary which does not comply with the 1500mm required by the DCP. The inclinator is proposed to travel down a narrow right of footway which is just over 3m in width for most of its length. The inclinator car is shown as 800mm in width and it is therefore not possible to achieve a 1500mm setback on both sides. However, the proposal is considered to be acceptable for the following reasons:

·   The inclinator achieves the required setback on the northern side.  Whilst it would be preferable to set the track 1.5m off the southern boundary, this is not feasible due to the narrowness of the right of footway and the track/ stair location as proposed has the least impact on the Port Jackson Fig Tree further west on the site.

·   A privacy screen is proposed at the upper station to minimise overlooking impacts into the north-facing bedroom and bathroom window openings of the ground floor level of 21 Bent Street.

·   The inclinator car itself is proposed to be screened along the southern side to prevent overlooking from passenger within the car whilst it is in transit.

·   The inclinator mechanism proposed involves the use of a cable pulley system with the main unit being installed at the upper station, reducing the noise impact during travel for neighbouring properties when compared to the traditional inclinator system which uses a mechanism mounted beneath the car to climb up and down the rail.

·   The proposal accords with the intent of the side setback control and the non-compliance with the northern side setback requirement is therefore acceptable in this regard.

 

Rail Car/Cage Height

 

The proposal involves the installation of a glazed inclinator car which features full-height privacy screening to the southern elevation and screening to the roof of the car to prevent overlooking to neighbouring properties in particular 21 and 21A Bent Street. With the proposed materials of the inclinator being glazing, the inclinator car would not result in a heavy element and would achieve a similar outcome to the use of an open car of metal finish which is the more traditional rail car design, while addressing the privacy concerns of neighbouring properties.

 

Planning Principle: View Sharing

 

Concerns were raised by the neighbouring property to the northern side of the site at 19 Bent Street regarding the impact of the proposed dwelling house on their access to views. The views from this property have been assessed having regard to the principles set down by the Land and Environment Court in relation to view sharing [Tenacity Consulting v Warringah [2004] NSWLEC 140].  The Planning Principle remains a current Planning Principle of the Land and Environment Court.  The principle assessment is as follows:

 

The first step is the assessment of views to be affected. The views currently enjoyed are water views of Gore Cove and the Lane Cove River accessed to the west and southwest of the site.

 

The second step is to consider from what part of the property the views are obtained. In this instance the views are obtained predominantly over the side and rear boundary of the affected property. The views are obtained from the elevated ground floor level through west and south facing openings viewed from the living room and dining/music room from both a sitting and standing position and from the kitchen the views are available from a standing position.

 

The third step is to assess the extent of the impact. View loss is assessed qualitatively as negligible, minor, moderate, severe or devastating. In response to Council’s request, two sets of height poles were erected to demonstrate the outline of the proposal as submitted with the 1200mm side setback proposed and also to demonstrate the extent of the building and blade wall at a 1500mm side setback.

 

A planning consultant has, on behalf of the owners of 19 Bent Street, put it to Council that 50% of the view would be affected from the dining room in a sitting and standing position, with the views from the kitchen similarly affected from a standing position. In their submission the view loss is considered to be severe. However, the views of the water from the living room available to the southwest would be unaffected by the proposed development. This is due to the location of northern pavilion which, while it would encroach on views of trees and plants available from this room in a more southerly direction, it would not affect the water views accessed to the west and southwest. Given the continuing availability of views from the living room, the overall impact of the proposal is therefore considered to be moderate and reasonable in this context.

 

The fourth step is to assess the reasonableness of the proposal that is causing the impact. The proposed dwelling house complies with all of the numerical requirements of the Lane Cove Local Environmental Plan and Development Control Plan with the exception of the extent of excavation and setback to side boundaries. However, a draft condition has been included in the recommendation of this report requiring that the elevated portion of the northern pavilion be set back not less than 1500mm from the side property boundary to address the side setback non-compliance. The extent of excavation does not impact on the part of the proposed dwelling house that would affect the views available to neighbouring properties, and the non-compliances associated with the proposed inclinator and carport would not affect the view loss consideration. 

 

The matter of the privacy structure proposed to the western end of the northern pavilion and its impact on the views available to 19 Bent Street has been discussed at length throughout the assessment of this application. The original proposal included a solid blade wall extending 1.7m west from the western alignment of the proposed northern pavilion on both sides. In response to the concerns raised by Council and the adjoining property owners, the amended plans submitted on 9 June 2011 indicated that the blade wall would be replaced with a frame with angled vertical louvers, although the specific detail of these louvers has not be submitted. It is considered that the use of louvers in this instance is commendable and an appropriate compromise to achieve privacy into the western room of the northern pavilion from the elevated decks of 19 Bent Street whilst permitting access to views through the louvers from the dining/music room and kitchen of 19 Bent Street. A draft condition has been included in the recommendation of this report outlining the minimum size and distance between the vertical louvers to achieve the desired outcome. Subject to the draft conditions as recommended, the proposal is considered to be acceptable in terms of the view sharing principles set down by the Court.

 

Response to Notification (Section 79C(1)(d))

 

Initial Notification

 

Submissions from six (6) interested parties were received in response to the notification of the development application.  The issues raised in the submission can be summarised as follows.

 

Overshadowing to the northern side of 21A Bent Street: living areas, entrance portico, house, eastern court yards, all windows / rooms on the northern side, patios and decks, lawn areas, clothes drying areas, pool and pool area.

 

Comment

 

The objector states that the proposal would block the northern light all day. Northern light would be affected to the north elevation window and door openings to 21a Bent Street. However, the shadow diagrams submitted indicate that three hours of direct solar access is maintained to all of the upper level northern elevation openings at 21 June, with some solar access maintained to the middle level openings at this time. Whilst 3 hours solar access is not maintained to all north-facing openings, Council’s DCP requires that “a portion of windows of neighbouring dwellings receive at least 3 hours of sun between 9am and 3pm on 21st June”. The proposal achieves this and the windows receiving the 3 hours sunlight service the living areas of the neighbouring dwelling house. The proposal therefore complies with the solar access requirements of the DCP.

 

The shadowing drawings submitted although impressively drawn are inaccurate.

 

Comment

 

The shadow diagrams submitted with the application have been reviewed by the assessing officer and are acceptable.

 

Bulk and scale of the 'southern wing' which extends past the current house at 19A Bent Street with a gutter level higher than that of 21A Bent Street for its entire length

 

Comment

 

The gutter level of the southern wing would be higher than the gutter level of 21A Bent Street by between 20-32cm. The survey submitted indicates that the site levels for 21A Bent Street are lower than that of 19A Bent Street at the same point. Development is designed to relate to ground level (existing) on the subject site rather than levels on adjoining sites. The proposed dwelling house as amended complies with the side wall height and rear setback requirements of the DCP and is considered to be acceptable.

 

Height of the southern wing is in excess of 10m

 

Comment

 

The site falls away from east to west and it appears in elevation from the rear (west) that the overall height of the structure is greater than 9.5m. However, the height of the southern wing is between 6.5m and 9.1m above ground level (existing) with a side wall height of between 6.5m and 7.6m and therefore complies with the overall height and side wall height requirements of the DCP for a flat roof dwelling house.

 

Privacy and overlooking from the southern wing, entry bridge and inclinator

 

Comment

 

The amended plans submitted to Council on 9 June included a privacy screen on the southern side of the entry bridge to address the privacy concerns raised by 21a Bent Street regarding the proposed entry bridge. The screen is indicated on the plans to be of timber palings; however a draft condition has been included in the recommendation of this report requiring this screen to be of a material 75% obscure (see draft conditions 2(a) and 2(b)).

 

The proposed inclinator features full-height obscure glazing to the southern side of the car and this has been reinforced by way of draft condition 2(g), included in the recommendation of this report. The western elevation ground floor level deck has also been reduced to 3.0m in depth to comply with Council’s controls and reduce privacy impacts. The proposal is considered to be acceptable in terms of privacy and overlooking from the southern wing.

 

Privacy impacts from the pedestrian entry bridge were also raised by 19 Bent Street. Given the distance of the proposed pedestrian entry bridge to the entry of the dwelling house at 19 Bent Street combined with the oblique angle of viewing, it is considered that the proposal would have no unreasonable privacy impacts on the dwelling house at 19 Bent Street.

 

Although the windows are apparent on the third level (first floor) as high light windows, clarification was sought regarding the ground level cladding - whether masonry or glass was to be used and if this is glass, strong objections are raised regarding privacy.

 

Comment

 

There are no window openings proposed on the southern elevation at ground floor level and the cladding proposed is fibre cement sheeting with a paint finish – noted on the plans as “Cladding type 1”.

 

Setbacks to side boundaries - northern pavilion should be set back 1.5m due to the height above ground level (existing)

 

Comment

 

Agreed.  The height of the structure at its westernmost extent is that of a two storey building and, notwithstanding the fact that it is cantilevered and does not have a level below, should be set back 1.5m (see draft condition 2(d)).

 

Concern that the proposal would present a three storey structure to the waterway and is contrary to the planning outcomes envisaged by the SEPP(Sydney Harbour Catchment) and DCP

 

Comment

 

The proposal has been considered having regard to these provisions of the deemed SEPP and the accompanying DCP and are considered consistent with the matters for consideration in the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.

 

Proximity of the inclinator to the side property boundary, non-compliance with DCP controls. There is no reason why the inclinator cannot be built 1.5m from the property boundary.

 

Comment

 

The setback of the inclinator from the boundary with 21 and 21A Bent Street is 450mm and the upper station is setback 1.3m. The required setback is 1.5m. To build the proposed inclinator 1.5m from the property boundary would interfere with the maintenance of stair access required by the DCP and may interfere with the reciprocal right of way on the sites. Further, a 1.5m setback would potentially require the track to be elevated further to allow for pedestrian traffic underneath, would require the removal of more of the Port Jackson Fig Tree if not all. These circumstances would have increased privacy impacts on the neighbouring properties compared with the existing proposal.

 

Privacy impacts from the proposed inclinator to 21 Bent Street including upper and lower platforms 

 

Comment

 

The owners responded to these concerns with the following points:-

·     People standing on the deck who happen to look across would do so with a more oblique angle than visitors to 19 and 19A currently would from the top of the existing stairs.

·     The proposed screened inclinator landing will offer better privacy than 21 Bent Street currently enjoys as the existing stair landing looks straight into the bedroom window of 21 Bent Street.

·     At the time of writing, the inclinator landing and the entire boundary in this vicinity was proposed to be screened to prevent overlooking into 21 Bent Street.

·     The existing ground level would excavate at some points to accommodate the inclinator rail which drops quickly from the landing to ground level. The inclinator car will be at or about ground level (existing) when it is adjacent to the windows in the northern wall of No. 21.

 

Council has considered whether the inclinator platform should be required to be lowered to the level at the base of the first flight of stairs to address privacy concerns. The applicant has responded to the matter by outlining the measures taken to mitigate privacy concerns, without requiring the lowering of the inclinator platform and responding to the relocation of the platform as follows:-

·     A privacy screen 1800mm high would be built to the side of the top landing to a length of 4075mm to prevent overlooking of the first floor windows of 21 Bent Street.

·     The inclinator car would be built of frosted glass to all sides if necessary up to 1800mm high to prevent any overlooking of 21 or 21A Bent Street from the inclinator.

·     That a privacy screen 1800mm high would be built to the entry bridge/ lower inclinator landing to prevent any overlooking of 21 or 21A Bent Street.

·     That the first floor bathroom windows of the north elevation of 21 Bent Street are already frosted and therefore would not be affected, and that the first floor bedroom window of the north elevation of 21 Bent Street is a secondary window to the room given that the principal glazing and balcony is to the west to the view to the harbour. 

·       That the hours of operation and levels of noise produced would be regulated by a Condition of Consent that would be enforceable for the life of the development (see draft condition 5).

·     The advice given was that the difficult and particular site conditions of an access handle subdivision of only 3m wide and existing stair access and a significant existing fig tree, the proposed measures were the best possible outcome to provide improved access to the property and also to mitigate any neighbours’ concerns.

·     DA39/2011 for an inclinator at 19 Bent Street was approved on 31 May 2011 without any of these measures being required, is less than 3m to the north from the proposed inclinator and at the same height.

·     There is no screening to the proposed landing at 19 Bent Street.

·     The car of their inclinator is proposed to have frosted glass to the south side to benefit 21 Bent Street, it does not have frosted glass to the west side of the car.

 

Requiring the inclinator platform to be lowered to the base of the stairs would lessen the usefulness of the equipment. Whilst the platform approved at 19 Bent Street is further away from the side property boundary of 21 Bent Street than the proposed platform, it is considered  reasonable to permit the platform to be constructed on the subject site at a similar level provided privacy concerns are addressed. The possibility of installing louvers to the north-facing window openings of 21 Bent Street to address privacy was raised by Council, but an agreement was not able to be reached between the two parties, hence the proposed screening of the platform and car. It is pertinent to note that if the platform is considered under the provisions of Part C1.7.2 as an elevated deck, it complies with the requirements of that Part in terms of depth and screening. 

 

Due to the excessive height and bulk of the previously proposed privacy structure and the potential for overshadowing impacts to 21 Bent Street, the privacy screening to the inclinator platform was reduced to a 4.1m length along the southern boundary. Greater privacy would be afforded to 21 Bent Street if the privacy screen were extended further along the boundary, but this would be at the expense of solar access and is not supported by the owner of 21.

 

The proposed inclinator landing is a minimum of 6.3m from the bedroom window of 21 Bent Street at its closest point and its western side is angled away to the north, reducing the number of people able to stand at its western edge and the potential for overlooking. The angle of viewing from the western edge of the inclinator platform would be such that, given the privacy screening proposed to the inclinator platform and car and the draft conditions as recommended, the proposed inclinator and platform would not result in any unreasonable privacy impact on the neighbouring property at 21 Bent Street.

 

Noise impacts from the proposed inclinator

 

Comment

 

The type of inclinator proposed is a rail glide system which uses a cable system to raise and lower the inclinator along the rail. These units have a lower noise output than the traditional inclinators which used a cog-based system with a motor unit immediately below the car to drag it up and down the rail. The owner has indicated in their response to the concern raised that the proposed inclinator would have an approximate maximum noise output of 10 decibels. Notwithstanding this, draft conditions have been included in the recommendation of this report to limit the noise output of the inclinator, the hours of operation and the maximum number of trips to lessen any noise impacts arising from the proposed inclinator. (See draft conditions 3 and 5).

 


Proposed garage dimensions, setback and concern regarding vehicular and pedestrian visibility and safety

 

Comment

 

Following consideration of the objection, the original garage has been changed to an open carport.

 

Concern regarding the health of the Port Jackson Fig which features stress cracks along the upper side of a major branch of the tree

 

Comment

 

The branch in question is to be removed as part of the proposal, and the cracks have been identified in the arborist report submitted with the application. Council’s Tree Assessment Officer has visited the site and no concern was raised regarding the immediate stability of the branch in question however no objection was raised to its removal.

 

The colour of the roof - a dark green colour is preferred

 

Comment

 

A draft condition has been included in the recommendation of this report requiring the proposed metal deck roof to be in a mid to dark range colour and having an approved anti-glare finish. This would be an unobtrusive finish for the owner of 17 Bent Street to view. However, to mandate the specific colour of the roof of a new dwelling house such as this would be unreasonable.  (See draft condition 22).

 

Rubbish removal from the site given permission won’t be granted by the owner for cranes to be operating over 17 Bent Street

 

Comment

 

The matter regarding access to the site for the purposes of construction is a matter to be settled between the owners of the affected sites.

 

Has a geotechnical report been completed? How is the site expected to be excavated? No form of rock picker should be permitted.

 

Comment

 

The matter of the method of excavation has not been determined at DA stage and the extent of excavation did not warrant the submission of a geotechnical report at this time. However, several draft conditions have been included in the recommendation of this report to address and manage excavation being carried out on the site.

 

Has an environmental protection report been completed? Concern regarding the ecosystem below the proposed development, damage/removal of trees, and the large colony of maidenhair ferns.

 

Comment

 

The property is located adjacent to a bushland reserve and as such the proposal was referred to Council’s Assistant Manager Open Space – Bushland for comment. No concerns were raised, subject to the imposition of appropriate draft bushland protection conditions which have been included in the recommendation of this report. Council has considered the proposal in light of the bushland setting and the proposal is acceptable. 

 


Consideration of Part H of the DCP relating to bushland

 

Comment

 

The proposal was referred to Council’s Assistant Open Space Manager, Bushland for comment and has been considered having regard to the provisions of Part H of the DCP. Draft bushland protection conditions have been provided by Council’s Assistant Open Space Manager, Bushland and subject to the conditions as recommended the proposal is considered to be acceptable.

 

Stormwater disposal

 

Comment

 

The proposal was referred to Council’s Development Engineer for comment. No concerns were raised regarding the proposed stormwater disposal arrangements, subject to the draft conditions provided by Council’s Development Engineer.

 

Extent of excavation – further information is required.

 

Comment

 

Further information was provided by the applicant demonstrating the extent of excavation and this has been assessed having regard to the provisions of the DCP. The extent of excavation is discussed above in this report.

 

Concerns regarding the proposed stone wall restricting access to the side wall of 19 Bent Street for maintenance purposes. Request that the proposed wall be reduced in length by approximately 3 metres in this area or a solution provided that allows for access this area for maintenance purposes

 

Comment

 

Agreed.  19 Bent Street is not parallel to the side property boundary and the proposed fence, with the setback being as little as 200mm in the vicinity of the proposed stone wall.  Inclusion of a lightweight fence for the last 4.5m of the boundary fence (the western portion) would more readily permit access to the side wall of 19 Bent Street if required for maintenance purposes while still providing a boundary fence. At 4.5m, the setback of 19 Bent Street increases to 1m and access for maintenance would not be unduly affected by the construction of a high stone boundary fence. A draft condition has been included in the recommendation of this report requiring that the western most portion of the proposed stone fence be reduced by 4.5m or alternatively a lightweight fence be installed for that 4.5m length. (See draft condition 2 (f)).

 

Retention or upgrade of existing stormwater infrastructure to prevent flooding of both 19 and 19A Bent Street

 

Comment

 

The development application was accompanied by a stormwater concept plan which addressed the drainage on the site. Council’s Development Engineer raised no concerns to the proposal subject to the imposition of appropriate draft conditions of consent which have been included in the recommendation of this report. The concern raised by 19 Bent Street refer to an informal inter-allotment drainage line discussed on site with the owners of 19 Bent Street for which there is no record of any registered Easement shown on the survey submitted with the development application.  Each property owner is responsible for the disposal of stormwater from their property and inter-allotment drainage is a civil matter to be dealt with separately to the current development application by the affected land owners.

Impact on Services to 19 Bent Street which are below the entry path

 

Comment

 

The works proposed are confined to the subject site. It is not anticipated that the proposed works or the use of the right of way for access would interrupt services to the property at 19 Bent Street during construction however if that were to occur it would be a matter between the two properties and the service provider to address.

 

Concerns regarding potential damage to the southern wall and foundations of 19 Bent Street due to excavation

 

Comment

 

A draft condition has been included in the recommendation of this report to address potential damage to other properties by way of requiring a dilapidation report for excavation greater than a metre in the vicinity of structures on neighbouring properties. It is considered that these draft conditions address these concerns (see draft condition 56).

 

Potential damage to air-conditioning and other equipment on the southern side of 19 Bent Street.

 

Comment

 

A draft condition has been included in the recommendation of this report requiring that the development be carried out in a manner “so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise” (see draft condition 13).

 

View Loss to dining room and kitchen as a result of extending the house at 19A to the west

 

Comment

 

View loss has been assessed above, having regard to the view sharing principles set down by the Land and Environment Court. Whilst the proposal will reduce the views available to the neighbouring property at 19 Bent Street, having regard to the planning principle, the proposal is considered to be acceptable in this regard subject to the draft conditions as recommended. 

 

View loss impacts from the building and blade wall are compounded by the limited 1.2m side setback

 

Comment

 

The subject wall is to be setback 1.5m from the boundary (See draft condition 2(d)). Amended plans submitted indicated the blade wall is to be replaced by a frame with angled louvers.  A draft condition has been included in the recommendation of this report to set a minimum size and aperture between louvers. This would achieve compliance with the setback control and contribute to the sharing of the existing views (see draft condition 2(e)).

 

Amended Plans

 

Submissions from five (5) properties were received in response to the amended plans. The additional concerns raised are summarised as follows:

 


Height of the structure (based on the height poles erected)

 

Comment

 

The overall height of the poles erected do not indicate the full height of the proposal. This height is marked on the poles themselves which would not be obvious when viewed from a distance. The height of the structure complies with Council’s DCP requirements.

 

Height covenant in this part of Bent Street

 

Comment

 

Clause 1.9A of the Lane Cove Local Environmental Plan 2009 allows for the suspension of covenants, agreements and instruments for the purposes of assessing development applications. The question of the height covenant is a matter to be determined between the parties involved in the covenant and may be determined in Court.  The proposal, as indicated in the preceding report meets Council’s height requirements and assessment in terms of solar access and view sharing.

 

The applicant has declined to provided details of any covenant; however a search of the title indicates that there are 2 covenants affecting the property.

 

Covenant A148444

 

This covenant states:-

“that only one building shall be erected on each allotment of land transferred and that no main building shall be of less value than four hundred pounds and such building shall be constructed of brick or stone or brick and stone with a roof of tile shingles or slates and such buildings shall front Bent Street”.

 

This covenant has been subject to 2 variations:-

·   H606488

“to permit the erection of one main building upon each lot”

·   J8336

“to permit a dwelling house constructed of concrete blocks with a roof constructed of concrete”.

 

Comment

 

The building proposed is of concrete block, FC sheeting and metal sheet cladding construction with a metal roof, and would therefore not meet all requirements of the covenant.  From an assessment viewpoint the materials as proposed are satisfactory.

 

Covenant H218624

 

This covenant states:-

“not erect or permit to be erected on the land comprised therein any building or other erection of any kind what so ever to a height exceeding eighteen feet from the present ground level”

 


Comment

 

The 18 foot (5.48m) height restriction of the covenant is at odds with Council’s planning controls.  As indicated earlier in this report, the proposal exceeds this height restriction, however, meets Council’s height controls and is satisfactory in terms of solar access and view sharing.

 

Draft condition 35 draws the applicant’s attention to the need to deal with the covenants and this would be dealt with outside of the Council forum.

 

Whilst the effort to address privacy through louvers on the windows of 21 Bent Street is noted, it is not a desirable outcome.

 

Comment

 

Staff have sought to ameliorate the competing views of the applicant and neighbour to what is considered a reasonable and sustainable outcome.

 

The proposed enclosure to the inclinator is unclear, with one statement of a minimum of 1.8m, and another of "up to 1.8m".

 

Comment

 

A draft condition has been included in the recommendation of this report requiring that the screens be a minimum of 1.8m be provided to the southern side of the inclinator car to prevent overlooking to neighbouring properties.  (See draft condition 2(g)).

 

Objection to “Oversized terraces / balconies” not being to council regulation and privacy concerns

 

Comment

 

The amended plans show an elevated ground floor level terrace that is 3m in depth and complies with Council’s controls.

Concern regarding overlooking into the pool area of 21A Bent Street due to the raised level of the pool and decking. Suggestion that the pool area be lowered and screened.

 

Comment

 

The applicant has responded to these concerns as follows:-

“The proposed “deck is 4.6m from the adjoining southern boundary and 6.9m from the adjoining building at 21A Bent Street and of modest proportions, set at RL19.49 to suit the adjoining lounge at lower ground floor level. The adjacent lawn at RL18.20 is a further 1290mm lower than the pool and deck to suit the natural topography of the land and the existing landscape stairs which are to be retained. The proposed retaining walls and garden bed entail fill of less than 1m in height which is fully compliant with Council controls. It should be noted that the adjoining decks of 21A Bent Street are at floor levels of RL21.11 and RL26.86, as shown on Drawing 829AH Plan Showing Detail and levels by Mitchell Land Surveyors, and will therefore overlook the proposed pool and deck at 19A Bent Street and cause privacy concerns”.

 

The level of the pool area on 21A Bent Street is RL17.96 by survey and hence the difference in relative level between the two areas is 1.53m. Given the setback from the proposed pool and deck to the pool and deck area of 21A Bent Street and the relatively minor difference in level it is not considered that the proposal would have any undue overlooking impacts into the deck and pool area of 21A Bent Street.  The pool proposed is set well back from the neighbouring boundaries and the bushland adjoining the harbour.  The pool proposal complies fully with the DCP in relation to setbacks and height. 

 

Conclusion

 

Having regard to the amendments sought by staff and agreed by the applicant, this application is supported.  The Development Application has been assessed in accordance with matters for consideration outlined in Section 79C of the Environmental Planning & Assessment Act 1979, and having regard to all of the relevant instruments and policies. The proposal complies with the objectives of the Lane Cove Local Environmental Plan 2009, would not result in adverse impacts for the locality and is not considered to be contrary to the public interest.  The site poses challenges to not only accommodate the reasonable concerns of neighbours, but also the physical constraints of the site.   Accordingly, the application is recommended for approval, subject to the conditions listed below.

 

 

RECOMMENDATION

 

That Pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application DA11/30 for the Demolition of the existing dwelling house on the site, construction of a two-storey dwelling house, inclinator and swimming pool and associated landscaping works on lot C in Deposited Plan 411878 and known as 19A Bent Street, Greenwich, subject to the following conditions:-

 

1.       That the development be strictly in accordance with the following drawings except as amended by the following conditions.

Document

Prepared by

Number

Rev

Dated

Site Plan

CplusC Design Construct Pty Ltd

DA01

2

08/06/11

Carport / Site Plan

CplusC Design Construct Pty Ltd

DA02

2

08/06/11

Proposed Roof Plan

CplusC Design Construct Pty Ltd

DA03

2

08/06/11

Proposed First Floor Plan

CplusC Design Construct Pty Ltd

DA04

2

08/06/11

Proposed Ground Floor Plan

CplusC Design Construct Pty Ltd

DA05

2

08/06/11

Proposed Lower Floor Plan

CplusC Design Construct Pty Ltd

DA06

2

08/06/11

Proposed Section

CplusC Design Construct Pty Ltd

DA07

2

08/06/11

Proposed Section

CplusC Design Construct Pty Ltd

DA08

2

08/06/11

Proposed Elevation - East

CplusC Design Construct Pty Ltd

DA09

2

08/06/11

Proposed Elevation - West

CplusC Design Construct Pty Ltd

DA10

2

08/06/11

Proposed Elevation - North

CplusC Design Construct Pty Ltd

DA11

2

08/06/11

Proposed Elevation - South

CplusC Design Construct Pty Ltd

DA12

2

08/06/11

Proposed Elevation - North

CplusC Design Construct Pty Ltd

DA13

2

08/06/11

Landscape – Site Plan

Spirit level designs

LP01

C

25/02/11

Document

Prepared by

Number

Rev

Dated

Landscape – Entry Level

Spirit level designs

LP02

C

25/02/11

Landscape – Grnd Level

Spirit level designs

LP03

C

25/02/11

Landscape – Lower Level

Spirit level designs

LP04

E

31/05/11

Arboricultural Impact Assessment

Urban Tree Management

13128

 

15/02/11

 

2.       Amended Plans

 

Amended plans addressing the following conditions shall be provided to the Certifier prior to the issue of the Construction Certificate:-

a)      A privacy screen shall be installed to the southern side of the entry bridge to a height of at least 1.7m above the finished floor level of the entry bridge, to be constructed of materials at least 75% obscure.

b)      A privacy screen shall be installed to the southern side of the ground floor level terrace to a height of at least 1.7m above the finished floor level of the entry bridge, to be constructed of materials at least 75% obscure.

c)      The undercroft of the swimming pool shall be finished in colours that match native vegetation as closely as possible with trim colours drawn from natural elements such as tree trunks and stone.

d)      The western portion of the northern pavilion where the finished floor level is greater than 1.5m above ground level (existing) must be set back not less than 1.5m from the northern property boundary. 

e)      Vertical louvers shall be installed within the frame walls extending westward from western edge of the northern pavilion. The louvers shall be not less than 300mm in length, set not less than 300mm apart, and installed at an angle to allow for reasonable access to views through the louvers from the living area of 19 Bent Street.

f)       The westernmost 4.5m of the stone fence to the northern boundary shall be deleted from the plan. Alternatively, this portion of the fence may be constructed of lightweight materials such as timber palings.

g)      Opaque glazing shall be provided to a height of not less than 1.8m above the finished floor level to the southern side of the inclinator car to prevent overlooking to neighbouring properties.

 

3.       The main inclinator mechanism shall be installed as far as practicable away from the shared property boundary with 21 Bent Street and shall be housed in an appropriate sound attenuated enclosure.

 

4.       The inclinator rail shall be painted in an environmentally sympathetic colour which matches the natural environment.

 

5.       The following requirements are applicable to the installation and usage of the inclinator:

a)      The LMAX noise level shall not exceed 60dB(A) when measured in immediate vicinity of the external structure of any adjoining premises.

b)      The track for the inclinator shall be continuously welded and the welds ground smooth.

c)      The inclinator shall be fitted with noise reduction buffers so that no metal to metal impacts during its operation and these buffers are to be maintained for the duration of the inclinator’s life.

d)      Prior to the issue of an Occupation Certificate, a certificate is to be provided from the Work Cover Authority certifying that the inclinator complies with their requirements.

e)      Use of the inclinator shall be limited to between the hours of 7am and 10pm.

f)       The inclinator shall be used for a maximum of 24 movements per day (except emergency use)

 

6.       The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

7.       All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

 

8.       The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

          The consent authority or a private accredited certifier must:-

·        Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

 

9.       Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

 

10.     An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

11.     All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

12.     Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

13.     The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

 

 

 

14.     Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:-

a)      The name, address and telephone number of the Principal Certifying Authority;

b)      The name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)      A statement that unauthorised entry to the construction site is prohibited.

The signs shall be maintained for the duration of construction works.

 

15.     The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

16.     The swimming pool being surrounded by a fence:-

a)      That forms a barrier between the swimming pool; and

i)   any residential building or movable dwelling situated on the premises; and

ii)   any place (whether public or private) adjacent to or adjoining the premises; and

b)     That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926.1 – 2007, “Swimming Pool Safety – Part 1: Fencing for Swimming Pools”.

 

SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

 

17.     The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

18.     In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

19.     Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

a)      The pier holes/pads before filling with concrete;

b)      All reinforcement prior to filling with concrete;

c)      The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid;

d)      Framework including roof and floor members when completed and prior to covering;

e)      Installation of steel beams and columns prior to covering;

f)       Waterproofing of wet areas;

g)      Pool reinforcement prior to placement of concrete;

h)      The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water;

i)        Stormwater drainage lines prior to backfilling; and

j)        Completion.

 

20.     Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

a)      Underpinning;

b)      Retaining walls;

c)      Footings;

d)      Reinforced concrete work;

e)      Structural steelwork; and

f)       Upper level floor framing.

 

21.     A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

22.     All metal deck roofs being of a ribbed metal profile or Colourbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

 

23.     A check survey certificate is to be submitted at the completion of:-

a)      Dampcourse level;

b)      The establishment of the first floor level;

c)      The roof framing; and

d)      The completion of works.

 

Note:      All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

24.     The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

25.             

a)      The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

b)      Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

i.     A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

ii.     The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

iii.    With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

iv.   The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

            COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

26.     The demolition works being confined within the boundaries of the site.

 

27.     The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

28.     All demolition works being completed within a period of three (3) months from the date of commencement.

 

29.     Use of explosives is not permitted.

 

30.     All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

 

31.     All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

32.     The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

33.     Compliance with Australian Standard 2601 - The Demolition of Structures.

 

34.     Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

35.     It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

36.     All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

 

37.     If at the commencement of, or during the demolition stage of the development, it becomes apparent that all or any of the existing structures that were to be retained may require demolition, works are to cease immediately. The Principal Certifying Authority is to advise Council of the status of the works and the proposed method of rectification. It should be noted that any variations to the approved consent will require the lodgement of a new Development Application.

 

 

 

38.     Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

39.     BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

ENGINEERING CONDITIONS

 

General Engineering Conditions

40.     Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

41.     Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. 

 

42.     Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.  This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

43.     Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

44.     Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

 

45.     Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

46.     Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

47.     Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant.

 

48.     Services: Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

49.     Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

50.     Overland Flow around Buildings: To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

 

51.     Pool Construction Stormwater: The stormwater runoff from the new impervious areas surrounding the pool shall be connected to the proposed drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater Management.

 

52.     Rainwater Reuse Tanks: The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

Note:

·   Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

·   Mosquito protection & first flush device shall be fitted to the reuse tank.

·   The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

 

53.     Stormwater Requirement: The applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 Litres. Stormwater runoff from the entire roof area shall drain to the rainwater reuse system.

The design and construction of the drainage system is to fully comply with, AS-3500 and Council's DCP-Stormwater Management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

54.     Drainage Plans Amendments: The stormwater drainage plan HDA01/P3 prepared by Whipps Wood Consulting dated 14-12-10 is to be amended to reflect the above condition titled ‘Stormwater requirement’. The amended design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

The Principal Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the Construction Certificate.

 

55.     Pool Construction: The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties.

Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate

 

 

 

56.     Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 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

The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate.

(d)  Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. 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 suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

All recommendations of the suitably qualified 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.

 

57.     Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

 

58.     Council infrastructure damage bond: The applicant shall lodge with Council a $2000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

59.     Erosion and Sediment Control Plan: Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

 

Engineering Condition to be Complied with Prior to Commencement of Construction

 

60.     Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

 

 

Engineering Condition to be Complied with Prior to Occupation Certificate

61.     Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the principal certifying authority prior to issue of any Occupation Certificate.

·    Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. 

 

TREE PROTECTION CONDITIONS

 

62.     Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000 or a penalty infringement notice can be issued in respect of the offence, the prescribed penalty being $1,500.00 for an individual and $3,000.00 for a corporation.  The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality.  All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove.

 

63.     The applicant must obtain written Authority prior to pruning or removal of any trees; greater than 4 m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40 mm in diameter.

 

64.     There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

65.     Footing, trench or excavation that is within 3m of any tree greater than 4m in height; including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged

 

66.     The specific tree protection measures set out in section 5.8 to 5.19 of Danny Drapers Arborist Report dated 15th February 2011 must be followed at all stages of the development works.

 

67.     The proposed landscape concept Plan by Spirit Level Designs is to the satisfaction of Council and must be adopted as part of this development consent.

 

68.     The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

CONDITIONS FOR PROTECTION OF BUSHLAND

 

69.     All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

 

70.     All materials brought onto the site must be weed free.

 

71.     Any weeds listed under the Noxious Weeds Act must be continually eradicated ensuring there is no re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.

 

 

72.     Rubbish must be stored in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

73.     There shall be no access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

74.     A 1.8 m high fence of an impermeable material shall be erected along the common property boundary and the adjacent public reserve.  The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

75.     A waterproof sign must be placed on every second panel stating ‘NO ENTRY COUNCIL LAND – this fence and sign are not to be removed or relocated for the work duration’.  Minimum size of the sign is to be A3 portrait with NO ENTRY COUNCIL LAND in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

Such fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work. 

 

76.     All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.

 

77.     No soil, plant material, building rubble, goods, construction materials, garden refuse, old fencing, nails/fasteners, or any other matter may be deposited in any bushland area, not even momentarily.

 

78.       Screen planting is required at the western side of the pool capable of assisting to screen any undercroft and must be local native species. 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

 


ATTACHMENT 1

Environmental Services Division Report No. 164 - Site Location Plan

 


 


ATTACHMENT 2

Environmental Services Division Report No. 164 - Neighbour Notification Plan

 



Inspection Committee Meeting 3 September 2011

Environmental Services Division Report No. 166

 

 

Reference:     Environmental Services Division Report No. 166

Subject:          27A Bellevue Avenue, Greenwich    

Record No:    DA10/220-01 - 28699/11

Author(s):      Kristy  Wellfare 

 

 

Property:                     27A Bellevue Avenue, Greenwich

 

DA No:                                    DA10/220

 

Date Lodged:              30/9/2010

 

Cost of Work:              $150,000.00

 

Owner:                                    J A & M A Rennie

 

Applicant:                    J A Rennie

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 82A Review of determination of DA10/220 which approved alterations and additions to the existing two storey 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

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                   10, 23, 25 & 27B Bellevue Avenue, 1&2/19, 21, 23 Wisdom Road

Ward Councillors          East Ward

Progress Association    Nil

Other Interest Groups  Greenwich Community Association

 

Reason For Referral

 

The original development application was approved under the delegated authority of the Manager, Development Assessment.  The Section 82A Review is referred to Council for determination.

 

Executive Summary

 

·     The proposal is a Section 82A review of determination of DA10/220, which approved alterations and additions to an existing dwelling house under delegated authority on 4 April 2011.  The applicant is seeking a review of conditions 2(a)-(c) of the consent. 

Condition 2(a) required bedroom 1, window W1 to be of obscure glazing

Condition 2(b) required the relocation of Bedroom 5, window W5 from the southern to the eastern elevation.

Condition 2(c) reduced the width of the first floor deck by a further 500mm to 4.14m.

·     The proposal also seeks to replace an approved area of roofing with an extension to the first floor deck with a planter along its southern side.

·     The development application originally sought approval for the construction of a deck of up to 8.7m in depth (extending towards the property’s southern side boundary. In response to privacy concerns and to address issues raised by the adjoining neighbours, this was reduced to 4.46m x 6.06m.  Condition 2(c) of the consent required that the deck be reduced by a further 500mm to be in line with the existing southern side wall of the dwelling house. The Section 82A Review and amended plan seeks approval for the deck as originally submitted to Council.

·     The Section 82A Review and amended plans were notified and submissions were received from two properties. Concerns were raised regarding privacy and overlooking, and the impact on trees.

·     The Section 82A Review is submitted to Council for review and determination. 

 

SITE

 

The site is located on the western side of Bellevue Avenue, between Greenwich Road and Pacific Highway. The site is a battle-axe allotment, 1134 m² in area with an access handle over 19m in length providing access to the main portion of the site which is 23.535m in width and 45.11m in length. Existing development on the site consists of a two storey masonry and tile dwelling house.

 

Existing development on neighbouring sites consists of a part 2/ part 3 storey dual occupancy at 19 Wisdom Road to the south of the site, a part single storey and part 2 storey masonry and tile dwelling house at 27B Bellevue Avenue, and a 2 storey dwelling house under construction at 25 Bellevue Avenue to the north of the site.  Site Location Plan and Neighbour Notification Plan attached (AT-1 and AT-2).

 

PROPOSAL

 

The proposal comprises 2 parts:-

 

The Section 82A Review

 

The Section 82A Review seeks a review of conditions 2(a)-(c) of DA10/220 granted for alterations and additions to the existing two storey dwelling house at 27A Bellevue Avenue, Greenwich.

 

The review seeks a review of Condition 2 as follows:-

 

1.     Deletion of Condition 2(a) which required Window 1 (W1) to be of obscure glazing;

 

2.     Deletion of Condition 2(b) which required Window 5 (W5) to be relocated from the southern elevation to the eastern elevation; and

 

3.     Deletion of Condition 2(c) which reduced the rear elevated deck by 500mm to be level with the side wall of the dwelling house (effective deck width of 4.14m).

 


Amendments to Approved Plans

 

In addition to the Section 82A Review, the applicant seeks consent for the following additional work:-

 

1.         Deletion of the approved roof over Bedrooms 4 and 5, and the extension of the approved deck over these rooms, including a planter box to the southern edge of the deck.

 

This work, if approved would render the proposal essentially the same as originally submitted.

 

In accordance with Section 82A (3A) of the Environmental Planning and Assessment Act 1979 and Council’s legal advice, in requesting a review, the applicant may make amendments to the development described in the original application. The additional works proposed have been notified, objections from two properties were received, and the proposal has been assessed in accordance with this section.

 

The report has therefore been divided into 2 sections, the first dealing with the Review aspect and the second with the deck amendment.

 

Previous Approvals

 

DA10/220:       Alterations and additions to the existing two storey dwelling house. Approved 31.3.2011 copy attached (AT3).

BA97/84:         Alterations and additions. Approved 5.5.97

 

Application History

 

The original development application proposed the demolition of the existing elevated ground floor level deck, alterations and additions to accommodate a lower level rumpus room and two bedrooms and the construction of a deck above.  It was also proposed to carry out alterations and additions to the front of the dwelling house to accommodate bedroom 1. The resulting elevated deck was up to 8.7m in depth.

 

Concerns were raised by the neighbouring properties to the south during the notification period regarding privacy and overlooking, particularly from the proposed elevated deck. Council staff requested amended plans be submitted reducing the size of the proposed elevated deck in response to the non-compliance with DCP requirements and the concerns raised. A site meeting was held with the architect.

 

Amended plans were received on 21 February 2011 which reduced the size of the deck to 4.46m x 6.06m. The amended deck extended beyond the side wall of the dwelling house by 500mm.  The compliance table for the amended plans the subject of Council’s Delegated Authority Report of April 2011 is as follows:

 

LEP2009

 

 

Proposed

Control

Complies

Floor Space Ratio

0.23:1

0.5:1

Yes

Height of Buildings

7.9m

9.5m

Yes

Foreshore Building Line

Not applicable

 

Not applicable

 


Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

22.5m

Consistent with area or 7.5m

Yes

Secondary street setback (corner lots)

Not applicable

2m

Not applicable

Side setback (min)

2.3m

1200mm/1500mm

Yes

Rear setback (min)

23.4m/37%

>1000m²: 10m or 35%

Yes

Wall Height (max)

6.3m

7.0m

Yes

Subfloor height (max)

1.4

1.5m

Yes

Number of Storeys (max)

2

2

Yes

Landscaped area (min)

>50%

35%

Yes

Solar Access

3 hours to north min.

3 hrs to north-facing windows

Yes

Deck/Balcony depth (max)

4.46m x 6.06m

3m

No

Private open space

>24 m²

>4m

24 m² (min)

4m minimum depth

Yes

Yes

Cut and fill

900mm cut

200mm fill

1m (max)

Yes

Yes

 

The application was approved subject to conditions requiring the deck to be reduced in size by 5000mm to be in line with the side wall of the dwelling house. Additional conditions were imposed requiring the relocation of window 5 and the opaque glazing of window 1 to reduce privacy impacts on the neighbouring properties to the south.

 

Part 1 - Section 82A Review

 

Section 82A of the Environmental Planning and Assessment Act, 1979 allows an applicant to request Council to review the determination of an application. The application meets the criteria for review under Section 82A of the Environmental Planning and Assessment Act.

 

Section 82A Issues Relating to Review of Conditions 2(a) –(c).

 

In the supporting information received accompanying the Section 82A review and the proposed additional works, the applicant put forward comments in support. These comments, and Council’s officer’s response, are as follows:

 

Condition (a): Window 1 (W1) shall be of obscure glazing

 

1.   Neither in its original 'Request for further information' letter dated 9 November 2010 nor during subsequent the site inspection, did Council indicate that this window required modification.

2.   W1 is at ground floor level and although it faces the neighbouring property, it is 23.0 metres from that house and is set back 8.8 metres from the side boundary. The neighbouring house is set back 14.2 metres from its rear boundary at the point opposite W1.

3.   There are three existing windows in the same wall.

4.   There is a large date palm on the boundary which completely obscures the neighbouring property from W1.

5.   As shown on the plan, W1 is an opening window and any obscure glazing of this window would be defeated when the window is open.

6.   Being on the South-eastern elevation, bedroom 1 is quite dark − particularly during winter, so our architect and designer have sought to maximise natural light in order to avoid unnecessary use of electric lights. Obscure glazing would impair the view of the garden from this window.

7.   We are not aware that Council has specified obscure glass in any of the windows at 25 Bellevue Ave which face our property or at any other property where windows face a neighbour.

8.   We are not aware of any development control which Council can exercise to impose this condition.

9.   We submit that obscure glazing of this window is completely unnecessary, totally unreasonable and we request that condition (a) be struck out.

 

Comment

 

·    The concerns raised regarding the overlooking from Window 1 were raised separately to the original concerns regarding the elevated deck.

·    The extension to bedroom 1 is glazed in its entirety. Requiring opaque glazing to the southern elevation of this extension would not unreasonably reduce the solar access to this extension.

·    The existing windows in the southern elevation were not the subject of the development application and as such applying any treatment to them would have been outside the scope of the works applied for.

·    The development at 25 Bellevue Avenue is not the subject of this review.

 

Condition (b): Window 5 (W5) shall be deleted from the southern elevation and relocated to

the eastern elevation

 

1.   Our house is orientated North West/South East. Although the Site Plan and the Floor Plans have the correct compass bearings, the Elevations, for convenience, have been labelled North, South, East and West. This is slightly misleading and needs to be taken into account to understand the implications of Council's conditions.

2.   W5 is located on the South Western elevation and Condition (b) requires it to be relocated to the South Eastern elevation.

3.   The South Eastern elevation is in shade all day from the existing house so gets no direct sunlight whatsoever.

4.   W5 was placed in this location to maximise the natural light available and to achieve cross ventilation of bedroom 5 in accordance with standard architectural practice.

5.   The window is 17.25 metres from the neighbouring house and set back 4.0 metres from our side boundary. The neighbouring house is set back 13.25 metres from its rear boundary at the point opposite W5.

6.   Again, we are not aware of any development control which Council can exercise to impose this condition.

7.   Council has clearly approved windows at 25 Bellevue Ave. which face our property.

8.   We request that Condition (b) be struck out.

 

Comment

 

Whether W5 is located on the “south-eastern” or “south-western” elevation would not alter the fact that the opening would only receive direct solar access during the summer months either early in the morning (SE) or late in the afternoon/evening (SW). This was taken into consideration when the condition was imposed.

 

The condition was imposed to address the potential overlooking impacts from this opening into the rear openings and private open space of the development at 19 Wisdom Road. W5 is 2.0m in length with a sill level of RL79.12 - the finished floor level of the room. Spot levels at the boundary in line with W5 are RL77.50, or 1.62m below the sill level of W5. An occupant of this room with an eye level of 1.7m above the finished floor level would be viewing the rear of 19 Wisdom Road at a level 3.32m above the level of the site at the property boundary – well above the existing boundary fence. The land drops away further to the development at 19 Wisdom Road and it was considered that W5 had a potential for overlooking into the rear of these dwellings. Condition 2(b) was imposed accordingly.

 

Condition (c): the deck shall be reduced by 500mm on the southern side to be in line with the existing southern side wall of the dwelling house at the lounge room, the roof over bedrooms 4 and 5 shall be amended accordingly.

 

1.    A large 3 storey house and driveway being constructed at 25 Bellevue Ave is much higher than our house, completely overlooks our property from at least 10 windows, occupies most of the block and seriously limits our light and privacy.

2.    There is no possibility of planting screening plants on that block to provide privacy to our property and although we have planted screening plants on our side of the boundary, because of the cross slope, they will have little effect other than to hide the fence. We therefore have no alternative but to locate our private open space on the other side of the house, adjacent to 19 Wisdom Road. In this location our deck will also receive Northerly sun.

3.    We draw Council's attention to the following Provisions in Part C.1 of Council's DCP:

2.7.2 Privacy − Visual and Acoustic:

Elevated decks, terraces or balconies greater than lm above ground level (existing) to living areas are not to exceed a maximum depth of 3.0m of useable area. Deeper decks may be considered if privacy to adjoining properties is addressed.

1.7.3 Private Open space:

(a)  Where possible all dwellings are to have an area of private open space that receives northerly sun in winter.

(b)  Where possible, private open space is to be located directly accessible from a major living area and be on the same level as the living space or within 500mm of the floor level

(e)  Private outdoor space can include a garden, terrace, paved area, deck or courtyard

(d)  The minimum area of one area of private open space per dwelling is 24m2 with a minimum depth of 4m and a maximum gradient of 1:50.

Our original DA included a deck over bedrooms 4 and 5. Privacy was to be achieved by a 1200mm wide planter box on the outer edge of the deck, containing screening plants to a total height of 1500−1800mm.

4.   After submission of the original DA, a site inspection was held and we reluctantly agreed to consider a skillion roof over the bedrooms and to scale back the deck.

5.   Our amended plan made provision for drainage of the deck. Council's conditional approval requires a reduction in the depth of the deck by a further 500mm and a 1000ram high wall, aligned with the existing building. This wall would dam rainwater and require drains in the floor which:

·      could be prone to blocking up and overflowing,

·      would require drainage pipes to intrude into Bedroom 5 before exiting through the wall, and

·      would make bedrooms 5 and 6 subject to potential damage from leaking pipes.

6.   Our original plan actually achieved greater privacy (for both properties) than Council's conditional approval because:

·   it is not possible for people to get closer to the edge than the 1200mm planter box,

·   the height of plants in the planter box (1500 to 1800mm from floor level) impedes sight lines whereas Council's conditional approval requires a 1000mm high wall,

·   The significant vertical and horizontal distance between the buildings introduces an element of privacy. (attached are diagrams showing the effect on sight lines of several configurations).

7.      Our original plan eliminated drainage issues because runoff water will be captured by a roof gutter and rainwater heads (instead of floor drains) and diverted into the stormwater system.

8.      We believe that we are entitled to have this deck classified as Private Open Space as defined in Council's DCP.

9.      A 3 metre deck is extremely narrow and makes it very difficult to accommodate the tables, chairs, shade umbrellas, storage and barbecue facilities normally associated with Private Open space.

10.    If we infllled the area of the existing elevated deck by continuing the wall of the existing house, we believe that the DCP would allow us to have a 3 metre deck outside of the building footprint without compelling us to install a solid balustrade or a planter box with plants. This would be a less desirable result for both parties.

11.    We request that Condition (c) be struck out and that the original design of the rooftop deck be approved.

 

Comment

 

·     The rumpus room proposed is considered to be a living area and is directly connected to the >400 m² rear yard. It is considered that this rear yard constitutes the private open space on this site and the dwelling house should not rely on an elevated deck to provide this when such a large open space is available.

·     It is not considered that a 3m deck is “extremely narrow”. The 3m restriction on elevated decks is aimed at avoiding the placement of large tables and chairs and other equipment designed to encourage gatherings of large numbers of people in this elevated position as the noise and privacy impacts are greater than at ground level.

·     The rear private open space is to the west of the dwelling house, with the proposed deck located to the west and south of the dwelling house. The northern side of the dwelling house is a narrow strip of side setback and as such is not sufficient to accommodate the required private open space.

·     Drainage to the elevated deck can be achieved through the use of appropriate gradient and drainage measures on the deck as approved. The additional area sought is not integral to achieve drainage from the elevated deck.

·     The 1200mm planter originally proposed would place people on the deck 3.0m closer to the side property boundary than the deck as approved by Council.

·     If the location of the existing deck were infilled and converted into habitable space, the resulting 3.0m deck would comply with the requirements of the DCP. Privacy to the neighbouring properties would still need to be addressed but the potential for overlooking from the resulting deck would be lessened from a deck that is smaller than the existing deck on the site.

 


Objections

 

Objections from two properties were received in response to the Section 82A Review. The concerns raised regarding the review of conditions submitted are summarised as follows:

·     Objections to the window locations due to privacy and overlooking concerns.

·     Objections to the deck width proposed due to privacy and overlooking impacts.

·     The “Sight Lines” from 27A Bellevue Avenue to 19 Wisdom Road are not to scale (as indicated) and are misleading.

·     The arguments submitted do not address the juxtaposition of the properties, with the rear yard of 19 Wisdom Road facing the side boundary of 27A Bellevue Avenue.

·     The changes to the window glazing and location imposed (conditions (a) and (b)) seem entirely reasonable.

 

Comments in relation to these matters have been covered in the preceding section.

 

PART 2 – AMENDED ELEVATED DECK ARRANGEMENT

 

The amended plans submitted involved the amendment of the approved rear elevated deck to extend over bedrooms 4 and 5 with a 1200mm wide planter box. The resulting deck is 7.2-8.7m x 6-6.65m, not including the 1200mm wide planter box.

 

PROPOSAL DATA/POLICY COMPLIANCE (AMENDED PLANS)

 

The works relating to the proposed deck do not comply with the following provisions of Council’s Development Control Plan.

 

·     Deck/balcony width:  The deck proposed is 7.2-8.7m x 6-6.65m, not including the 1200mm wide planter box and does not comply with the 3m maximum deck width control within Part C1.7.2(f) of the Lane Cove Development Control Plan, given that privacy concerns have been raised by neighbours.

 

Lane Cove LOCAL Environmental Plan 2009 (Section 79c(1)(a))

 

The amended plans submitted with the Section 82A Review raise no additional concerns with regard to Lane Cove Local Environmental Plan 2009.

 

Other Planning Instruments

 

The amended plans submitted with the Section 82A Review raise no additional concerns having regard to the provisions any other applicable planning instrument, excepting Council’s DCP.

 

SECTION 82A RELATED Variations to Council’s Codes/PolicIes

 

As noted in the preceding report, the amended plans submitted with the Section 82A Review would result in a non compliance with the maximum deck width requirement. This departure is discussed below:-

 

Deck Width

 

The plans submitted with the Section 82A review include a deck which is 7.2-8.7m x 6-6.65m and as privacy concerns have been raised, does not comply with the deck width provisions of the Lane Cove DCP. The applicant has suggested that the proposed deck would constitute the private open space for the dwelling house and that privacy has been addressed through the use of a planter box, and as such should be permitted at a greater width than the 3m permitted under the DCP.

 

Privacy would be dependent on the successful maintenance of the planter.

 

It is noted that the dwelling house is served by a >400m² rear yard which is considered to be the private open space for the dwelling house. The deck which was approved under the original application was larger than the 3m permitted under the DCP, but consideration was given to the fact that it was replacing the existing non-complying deck and, subject to the condition 2(c), would not be any closer to the side property boundary than the deck being replaced. The proposed amended deck is not supported.

 

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

 

Objections from two properties were received regarding the amended plans submitted with the Section 82A Review.  The issues raised in the additional submissions can be summarised as follows.

 

·    Increase in privacy and overlooking impacts over and above the existing situation

 

Comment       

 

Agreed. The existing deck on the site is larger than the 3m permitted under the DCP and, following a site inspection, it is apparent that when viewed from the properties at 19 Wisdom Road it would have a clear view into the rear yard and rear living room - particularly into 1/19 Wisdom Road.  Additional overlooking would also occur into the bedrooms of 2/19 Wisdom Road. The deck proposed would allow for people to be an additional 3m closer to the side property boundary of the subject site which forms the rear property boundary of the dwellings at 19 Wisdom Road and would result in overlooking impacts into the private open space and living areas of these dwellings.

 

While the distance between properties would somewhat mitigate the overlooking impacts from the proposed deck, an inspection from the neighbouring properties at 19 Wisdom Road illustrated the substantial overlooking impacts arising from the existing deck. As mentioned above, the proposed deck is 3m closer to the shared property boundary and would have a greater overlooking impact than the existing arrangements.

 

The applicant has advised Council that they have arranged to plant additional advanced screening trees close to the boundary near both 19 and 21 Wisdom Ave>  The details of this planting have not been received. The applicant has also indicated by email to Council that they “are not averse to having some form of open latticework screen above the 1000mm high balustrade on which they would train a star jasmine or other appropriate vine. This is a positive gesture from the applicant and would serve to lessen the impact of the deck on the private open space of the properties at 19 Wisdom Road. However, it does not eliminate the matter of precedence that approving an elevated deck of the proposed dimensions would set in the locality and the municipality as a whole.

 

Increase in Acoustic impacts from additional people on a larger deck

 

Comment

 

Agreed. One of the aims of the 3m control on elevated decks is to reduce the capacity of the deck and the acoustic impacts arising from large groups of people congregating in an elevated setting. The proposed deck is 45 m² and could easily accommodate large gatherings of people, resulting in undue acoustic impact on the neighbouring properties.

 

The “Sight Lines” from 27A Bellevue Avenue to 19 Wisdom Road are not to scale (as indicated) and are misleading

 

Comment

 

It is agreed that the sight lines submitted are not to scale and do not note the relative levels (RL’s) of the subject site and the neighbouring sites. As such they cannot be considered a true representation of the sight lines from the proposed deck to the properties at 19 Wisdom Road.

 

CONCLUSION

 

Privacy and overlooking are inherent issues for battle-axe allotments such as the subject site as the rear yards of neighbouring properties abut along the side boundary where the dwelling house is situated. In this case, the subject site is also elevated in comparison to these neighbouring properties. The elevated deck, as approved, is greater in size than is permitted under the DCP provisions but would maintain the existing setback to the neighbouring properties. This was considered appropriate, subject to the conditions as recommended, due to the location and dimension of the existing elevated deck on the site, which also exceeds the DCP requirements.

 

Council has been requested to review and determine two issues:-

1.         Review and determine the Section 82A request to reconsider DA220/2010 conditions 2 (a), (b) and (c).

2.         Determine works additional to the original application (Section 79C) being the southern extension of the approved elevated deck by 3m and construction of a planter box.

 

There are two options available:-

1.         Approve the Section 82A Review and the amended plan, or part thereof;

2.         Reaffirm the original determination and reject the Section 82A Review.

 

 

RECOMMENDATION

 

That pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act,1979, as amended the determination of development consent DA10/220 granted on 31 March 2011 for the alterations and additions to the existing dwelling house on lot 171 in DP 773777 and known as 27A Bellevue Avenue, Greenwich, is submitted to Council for review and determination.

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

AT‑2 View

Neighbour Notification Plan

2 Pages

AT‑3 View

Original Report for 27A Bellevue Avenue

11 Pages

 

 


ATTACHMENT 1

Environmental Services Division Report No. 166 - Site Location Plan

 



ATTACHMENT 2

Environmental Services Division Report No. 166 - Neighbour Notification Plan

 



ATTACHMENT 3

Environmental Services Division Report No. 166 - Original Report for 27A Bellevue Avenue

 

Reference:     Environmental Services Division Report No. 48

Subject:          27A Bellevue Avenue, Greenwich    

Record No:    DA10/220-01 - 11836/11

Author(s):      Kristy  Wellfare 

 

 

Property:                     27A Bellevue Avenue, Greenwich

 

DA No:                                    DA10/220

 

Date Lodged:              30/9/2010

 

Cost of Work:              $150,000.00

 

Owner:                                    J A & M A Rennie

 

Applicant:                    J A Rennie

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to the existing two storey 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

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class

STOP THE CLOCK USED

Yes, 139 days

NOTIFICATION

Neighbours                   10, 23, 25 & 27B Bellevue Avenue, 1&2/19, 21, 23 Wisdom Road

Ward Councillors          East Ward

Progress Association    Nil

Other Interest Groups  Greenwich Community Association

 

REASON FOR REFERRAL

 

This development application is being referred for determination under delegated authority.

 

SITE

 

The site is located on the western side of Bellevue Avenue, between Greenwich Road and Pacific Highway. The site is a battle-axe allotment, 1134 m² in area with an access handle over 19m in length providing access to the main portion of the site which is 23.535m in width and 45.11m in length. Existing development on the site consists of a two storey masonry and tile dwelling house. Existing development on neighbouring sites consists of a part two- and part three-storey dual occupancy at 19 Wisdom Road to the south of the site, a part single storey and part two storey masonry and tile dwelling house at 27B Bellevue Avenue, and a two-storey dwelling house under construction at 25 Bellevue Avenue to the north of the site.

 

PROPOSAL

The applicant seeks consent for alterations and ground and lower ground floor additions to the existing dwelling house. Specifically, the works include:

·    Lower ground floor extension to accommodate bedrooms 4 & 5 and a rumpus room

·    Demolition of the existing elevated ground floor level timber deck and construction of a new deck over the proposed rumpus room

·    Ground floor level eastern elevation additions to extend bedroom 1

·    Entry pergola to the eastern elevation

·    Internal reconfiguration

 

PREVIOUS APPROVALS

1997/84:          Alterations and additions. Approved 5.5.97

 

APPLICATION HISTORY

 

Concerns were raised by the neighbouring properties during the notification period and, following a preliminary assessment of the application, letter was sent on 9 November 2010 requiring additional information and amended plans to be submitted. A meeting was held on site on 24 November to discuss the additional information and amendments required following which the applicant requested additional time to submit the additional information and amended plans.  Several follow-up phone calls were made reminding the applicant that the information required was still outstanding. A final letter of request dated 14 February 2011 was forwarded to the applicant and amended plans were received on 21 February 2011.  The objectors were invited to attend Council to view the amended plans and this occurred on 29 March 2011. These plans form the basis of this report.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

LEP2009

 

 

Proposed

Control

Complies?

Floor Space Ratio

0.23:1

0.5:1

Yes

Height of Buildings

7.9m

9.5m

Yes

Foreshore Building Line

Not applicable

 

Not applicable

 

Comprehensive DCP

 

 

Proposed

Control

Complies?

Front setback (min)

22.5m

Consistent with area or 7.5m

Yes

Secondary street setback (corner lots)

Not applicable

2m

Not applicable

Side setback (min)

2.3m

1200mm/1500mm

Yes

Rear setback (min)

23.4m/37%

>1000m²: 10m or 35%

Yes

Wall Height (max)

6.3m

7.0m

Yes

Subfloor height (max)

1.4

1.5m

Yes

Number of Storeys (max)

2

2

Yes

Landscaped area (min)

>50%

35%

Yes

Solar Access

3 hours to north min.

3 hrs to north-facing windows

Yes

Deck/Balcony depth (max)

4.46m x 6.06m

3m

No

Private open space

>24 m²

>4m

24 m² (min)

4m minimum depth

Yes

Yes

Cut and fill

900mm cut

200mm fill

1m (max)

Yes

Yes

 

REFERRALS

 

Manager Urban Design and Assets

 

The proposal was referred to Council’s Development Engineer for comment. The plans used to check the engineering matters are drawings by Tony Martin Planning numbered 1007 sheets 1-5 and dated 24-9-10.

 

·    No concerns were raised regarding the proposed alterations and additions, and the following was noted by Council’s Development Engineer:

·    No OSD is required as the increase in impervious area is minimal. The new impervious areas shall drain to the existing system. The proposed rainwater reuse system has been conditioned.

·    No special driveway or excavation conditions required for this application.

 

Draft conditions were provided by Council’s Development Engineer and these conditions have been included in the recommendation of this report. Subject to the conditions as recommended, the proposal is acceptable in this regard.

 

Manager Parks

 

The proposal was referred to Council’s Tree Assessment Officer for comment. Council’s Tree Assessment Officer has advised that the proposed alterations and additions would ‘not impact on trees or vegetation on the subject allotment’ and therefore no objections were raised to the proposed development from an arboricultural perspective. As a matter of precaution, draft tree preservation conditions were provided, and these have been included in the recommendation of this report. The proposal, subject to the conditions as recommended, is acceptable in this regard.

 

 

Lane Cove LOCAL Environmental Plan 2009 (Section 79c(1)(a))

 

In accordance with LEP2009, the site is zoned R2 Low Density Residential, with a maximum floor space ratio of 0.5:1 and a maximum height of 9.5 metres.  The proposal is for alterations to a dwelling house, which is listed as a satisfactory land use in the R2 zone in accordance with the Land Use Table within LEP2009. The proposal has been assessed under the relevant provisions of LEP2009, and is neither contrary to the aims of the Plan, nor the aims, objectives and controls relating to the R2 Low Density Residential zone. The proposal is therefore considered to be satisfactory in this regard.

 

Lane Cove DEVELOPMENT CONTROL Plan

 

The proposal has been considered having regard to the relevant provisions of the DCP. The proposal accords with the objectives of the Plan, and further discussion is provided regarding the following specific provisions

 

Part C - Residential Development

 

As noted in the table above, the proposal complies with the numerical requirements of the DCP with the exception of the size of the proposed elevated deck. This non-compliance is discussed hereunder. Notwithstanding this non-compliance, the proposal is not considered to be contrary to the objectives of the DCP in general and Part C Residential Development in particular. The proposal is considered to be acceptable in this regard.

 

Part O - Stormwater Management

 

Concerns were raised by neighbouring properties regarding stormwater management on the site. Council’s Development Engineer raised no concerns regarding the proposal from a stormwater management perspective. A draft condition has been provided by Council’s Development Engineer requiring that the existing stormwater arrangements on the site be certified for their adequacy and rectified where necessary, and this condition addresses the concerns of the neighbouring properties regarding drainage. The proposal, subject to the draft conditions as recommended, is acceptable in this regard.

 

Part Q - Site Waste Management and Minimisation

 

The proposal was accompanied by a waste management plan which outlined the intended disposal of waste materials generated as a result of the proposed works. The proposal accords with the provisions of the DCP and, subject to the imposition of appropriate conditions, is considered to be satisfactory in this regard.

 

Other Planning Instruments

 

State Environmental Planning Policy No 55 – Contaminated Lands

 

Clause 7 of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding the fact that site investigations have not been carried out, an examination of Council’s computer records and information provided by the applicant indicates a history of residential development on the site and adjoining sites. The proposal does not raise any concerns in relation to SEPP55 and further investigation is not required in this instance.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

The amended plans were accompanied by BASIX Certificate A94904, and the commitments required to be noted at the development application stage are shown on the accompanying plans. The proposal therefore satisfies the policy and raises no further issues in this regard.

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

The proposal raises no issues in this regard.

 

APPLICABLE REGULATIONS

 

Environmental Planning and Assessment Regulation 2000

 

The proposal involves minor demolition work. Clause 92(1)(b) of the Regulation requires Council to consider the provisions of Australian Standard AS 2601-2001: The demolition of structures.  The matter may be addressed by a condition of consent, which is included in the recommendation of this report.

 

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

 

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

 

Deck width

 

The objectives of Part 1.7 of the DCP include the provision of reasonable acoustic and visual privacy for neighbouring properties, and the minimization of overlooking between adjoining dwellings and their private open spaces.  The existing elevated ground floor deck on the site is 4.5m x 4.2m with the stair attached to the rear. The modified deck as proposed is 6.06 x 4.64 and includes the infilling of the area previously occupied by the access stair and an extension toward the rear to match the rear alignment of the faceted bay. Following a site inspection of the property, it was considered that the extension to the rear of 1.4m would not result in any undue additional overlooking impacts when compared with the existing deck arrangements.

 

The amended plans submitted delete the majority of the southern extension of the deck over bedrooms 4 and 5 and now represents an extension of 500mm southward of the southern wall of the dwelling house over part of the lower level extension. It is considered appropriate that the width of the deck is limited to the alignment of the southern side wall of the dwelling house. A draft condition has been included in the recommendation of this report requiring that the deck be brought back 500mm into alignment with the southern side wall of the dwelling house and the roof over bedrooms 4 and 5 amended accordingly. Subject to the conditions as recommended, the proposal is acceptable in this regard.

 

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

 

Two submissions were received in response to the notification of the development application.  The issues raised in the submission can be summarised as follows.

 

Overshadowing would further restrict the already limited direct sun received by the rear yard of 19 Wisdom Road

 

Comment:       The proposal would not substantially alter the solar access received by 19 Wisdom Road, with a small area of additional overshadowing either side of the 9am shadow, and the additional shadows cast at 12 noon falling within the shadow cast by the boundary fence.

 

The proposed extension would exacerbate the existing problems with drainage from 27A Bellevue Avenue as the existing system is overtaxed and minor flooding has previously caused damage to the properties at 19 Wisdom Road

 

Comment:       Council’s Development Engineer has assessed the proposal and no concerns were raised. The proposal includes the provision of rainwater tanks which would reduce the total runoff from the site, and a draft condition has been provided by Council’s Development Engineer requiring that the existing drainage system on the site is assessed for adequacy and repaired where necessary. It is considered that these measures would assist in this issue and that the situation would not worsen as a result of the proposed works.

 

The proposed addition of a deck on the western side 4m x 2.22m at the rear of the existing house, would reduce the privacy to the two bedrooms (2nd) floor, dining and lounge rooms ground floor and outside entertaining area of 19 Wisdom Road

 

Comment:       The deck in question was made up of the replacement of the existing timber elevated deck at ground floor level and was proposed to be added to by the provision of a trafficable roof over the proposed lower ground level addition. This would have resulted in a deck that was up to 8.7m in depth at one point. Upon the request of Council, the proposal was amended to delete the trafficable area proposed over bedrooms 4 and 5 to be replaced by a sheet metal roof. As such, the proposed deck is 500mm wider than the existing deck and 1.5m longer. Whilst this does not comply with Council’s requirement, it is considered that this would not result in any undue privacy impacts on the neighbouring properties when compared with the existing non-complying deck on the site.

 

Concern regarding overlooking from window W5 and W1 into 19 Wisdom Road

 

Comment:       Window 5 is a vertically proportioned double-hung window opening 2.1m x 0.9m with a sill level of RL 79.12 – the finished floor level of the room. Window 1 is a full-height part-fixed and part-double-hung opening 2.1m x 2.1m with a sill level of RL81.88 – the finished floor level of the room. These window openings service bedrooms, however both window openings and W5 in particular could result in undue overlooking due to its elevation above ground level (existing) and the relative level of the neighbouring properties. As such, a draft condition has been included in the recommendation of this report requiring this opening to be relocated to the eastern elevation of bedroom 5. This would preserve the privacy of the room and reduce potential overlooking to neighbouring properties in a manner that would not affect the amenity of the occupant of the room in the same manner as a requirement for obscure glazing would do as it is the only window opening to the room. Further, a draft condition has been included requiring opaque glazing to W1. This is considered appropriate as there is a large amount of clear glazing proposed to the east and north of the extension to form Bedroom 1. Subject to the draft conditions as recommended the proposal is acceptable in this regard.

 

CONCLUSION

 

The Development Application has been assessed in accordance with matters for consideration outlined in Section 79C of the Environmental Planning & Assessment Act 1979, and having regard to all of the relevant instruments and policies. The proposal complies with the objectives of the Lane Cove Local Environmental Plan 2009, will not result in any adverse impacts for the locality and is not considered to be contrary to the public interest. Accordingly, the application is recommended for approval, subject to the conditions listed below.

 

 

RECOMMENDATION

 

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application DA10/220  for the alterations and additions to the existing dwelling house on lot 171 in DP 773777 and known as 27A Bellevue Avenue, Greenwich, subject to the following conditions:

 

1.         (20) That the development be strictly in accordance with drawing number 1007A, Sheet 1-4 of 4, dated 21-2-11 by tony martin planning, except as amended by the following conditions.

 

2.         Amended Plans are to be submitted incorporating the following amendments:

 

a)    Window 1 (W1) shall be of obscure glazing

b)   Window 5 (W5) shall be deleted from the southern elevation and relocated to the eastern elevation

c)    The deck shall be reduced by 500mm on the southern side to be in line with the existing southern side wall of the dwelling house at the lounge room. The roof over bedrooms 4 and 5 shall be amended accordingly.

 

These amendments are to be provided to the Certifier prior to the issue of a Construction Certificate.

 

3.         (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

4.         (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

 

5.         (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

 

            The consent authority or a private accredited certifier must:-

 

·          Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

 

 

6.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

 

7.         (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

8.         (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

9.         (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

10.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

11.       (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

12.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

a)         the name, address and telephone number of the Principal Certifying Authority;

b)         the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         a statement that unauthorised entry to the construction site is prohibited.

The signs shall be maintained for the duration of construction works.

 

13.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         The pier holes/pads before filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

d)         Framework including roof and floor members when completed and prior to covering.

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

14.       Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

 

15.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

16.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

17.       (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

 

18.       (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

19.       (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

20.       (140) If at the commencement of, or during the demolition stage of the development, it becomes apparent that all or any of the existing structures that were to be retained may require demolition, works are to cease immediately. The Principal Certifying Authority is to advise Council of the status of the works and the proposed method of rectification. It should be noted that any variations to the approved consent will require the lodgement of a new Development Application.

 

21.       (141) Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

22.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

General Engineering Conditions

23.     (A1) Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

24.     (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. 

 

25.     (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.  This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

26.     (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

27.     (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

28.     (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

29.     (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

30.     (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant.

 

31.     (R1) Rainwater Reuse Tanks: The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

Note:

§ Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

§ Mosquito protection & first flush device shall be fitted to the reuse tank.

§ The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

 

Engineering conditions to be complied with prior to Construction Certificate

 

32.       (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater Management.

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP-Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced.

Where the existing system does not comply with Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater Management.

 

33.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

34.       (C1) Erosion and Sediment Control Plan: Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

35.       (C2) Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’. The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be complied with prior to Occupation Certificate

36.       (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the principal certifying authority prior to issue of any Occupation Certificate.

·    Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. 

 

TREE PRESERVATION CONDITIONS

 

37.       (300)  A Tree Preservation Order applies in the Lane Cove local government area. The Order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this Order is up to one million, one hundred thousand ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

38.       (302)  The applicant must obtain a Tree Preservation Order Work Authority prior to pruning of any trees; greater than 4 m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40 mm in diameter.

 

39.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

 

 

40.       (308)  Rubbish must be stored in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

41.       (354)  Footing, trench or excavation that is within 3 m of any tree greater than  4 m in height; including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

ATTACHMENTS:

There are no supporting documents for this report.



Reference:     Open Space and Urban Services Division Report No. 11

Subject:          Richard Street, Greenwich - Request to Purchase Road Reserve

Ordinary Council at its meeting on 15 August 2011 resolved that the matter be referred to the next Inspection Committee Meeting to held on the 03 September 2011.   

Record No:    SU1691 - 14569/11

Author(s):      Wayne Rylands 

 

 

Executive Summary

 

The status of Richard Street has been confirmed as Council public road.

 

Council can now make a decision as to whether to commence the process for closure, and potential sale, of the subject parcel of road reserve outside 2 Richard Street.

 

Background

 

At the Ordinary Council meeting of 21 March 2011, Council considered a request from the resident of 2 Richard Street to purchase part of section of Richard Street, adjacent to their property. At the meeting, Council resolved:-

“That a further report be tabled after the land title status of Richard Street has been determined, to assist Council in the consideration of the subject parcel of road reserve”.

 

Council has now ascertained the land title status of Richard Street.

 

Discussion

 

Following the Council resolution, staff commenced investigations and sought assistance from the NSW Department of Lands to determine the ownership status of Richard Street. Although initial investigations indicated the land as public road, in the care and control of Council, the information garnered from the Department was not conclusive.

 

For this reason, Council engaged our solicitors, Pike Pike & Fenwick, to undertake more thorough searches and enquiries through the Office of Land and Property Information.

 

Provided as part of AT-1, is a copy of Crown Plan C802-2030 that shows the subject area as public road, as far back as 1861. Also provided with AT-1 is the Cadastral Records Enquiry Report, which as at 2011 gives no evidence of any closure. As such, the subject area of road can be treated as public road, vested in Council.

 

Closure of the subject area of public road can thus be undertaken in accordance with Part 4 of the Roads Act.  In a Memorandum of Understanding between the Department of Lands and Council dated 28 April 2006, Council is authorised to act on behalf of the Crown in progressing a number of administrative functions associated with the closure of public road.  The first step in that process is public notification and receipt of public submissions.

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to comply with the public notification requirements of the Department of Lands.  Any comments received will be reviewed and evaluated to determine whether or not to proceed with the proposed road closure.

 

Method

 

Level of Participation

Inform

Inform

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community

Adjoining landowners and the Greenwich Community  Association

Lane Cove Community

Proposed Medium

Advertisement,

e-newsletter and Website Exhibition

 

Letterbox drop and Letter

 

Advertisement,

e-newsletter and Website Exhibition

 

Indicative Timing

As soon as services have been identified and approval is granted from the Department of Lands

As soon as services have been identified and approval is granted from the Department of Lands

As soon as services have been identified and approval is granted from the Department of Lands

 

Conclusion

 

The Office of Land and Property Information has confirmed that Richard Street is a public road vested in Council. As such, Council can proceed with the road closure process in accordance with the Department of Lands protocols and the Memorandum of Understanding, dated 28 April 2006.

 

 

RECOMMENDATION

 

That:-

1.   Council commence the process to close part of road reserve outside 2 Richard Street, Greenwich in accordance with the Memorandum of Understanding with the Department of Lands dated 28 April 2006;

2.   Council undertake community Consultation for a  period of 6 weeks in accordance with the consultation strategy outlined in the report; and

3.   A further report be received outlining the submissions received.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Richard Street Road Status, Office of Land & Property Information

2 Pages