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Agenda

Independent Hearing and Assessment Panel Meeting

4 June 2013, 5:00pm

Please note a site inspection will be held at 3pm for panel members only.

 


 

Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Independent Hearing and Assessment Panel Meeting, to be held in the Council Chambers, Lane Cove Council, 48 Longueville Rd Lane Cove on Tuesday 4 June 2013 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

IHAP Meeting Procedures

 

The Independent Hearing and Assessment Panel (IHAP) meeting is chaired by The Hon David Lloyd QC. The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Independent Hearing & Assessment Panel Charter and any guidelines issued by the General Manager.

The order of business is listed in the Agenda on the next page. That order will be followed unless the Panel resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

Members of the public may address the Panel for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons wishing to address the Panel must register prior to the meeting by contacting Councilís Office Manager Ė Environmental Services on 9911 3611. Speakers must address the Chair and speakers and Panel Members will not enter into general debate or ask questions during this forum. Where there are a large number of objectors with a common interest, the Panel may, in its absolute discretion, hear a representative of those persons.

Following the conclusion of the public forum the Panel will convene in closed session to conduct deliberations and make decisions. The Panel will announce each decision separately after deliberations on that item have concluded. Furthermore the Panel may close part of a meeting to the public in order to protect commercial information of a confidential nature.

Minutes of IHAP meetings are published on Councilís website www.lanecove.nsw.gov.au by 5pm on the Friday following the meeting. If you have any enquiries or wish to obtain information in relation to IHAP, please contact Councilís Office Manager Ė Environmental Services on 9911 3611.

Please note meetings held in the Council Chambers are Webcast. Webcasting allows the community to view proceedings from a computer without the need to attend the meeting. The webcast will include vision and audio of members of the public that speak during the Public Forum. Please ensure while speaking to the Panel that you are respectful to other people and use appropriate language. Lane Cove Council accepts no liability for any defamatory or offensive remarks made during the course of these meetings.

The audio from these meetings is also recorded for the purposes of verifying the accuracy of the minutes and the recordings are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 


Independent Hearing and Assessment Panel 4 June 2013

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

NOTICE OF WEBCASTING OF MEETING

 

 

public forum

 

Members of the public may address the Panel to make a submission.

 

 

CONFIRMATION OF MINUTES

 

1.††††† INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 7 MAY 2013

 

 

 

Independent Hearing and Assessment Panel Reports

 

2.†††††† 78 Carlotta Street, Greenwich

 

3.†††††† 6-8 Evelyn Street, Greenwich †

 

 

 

 


Independent Hearing and Assessment Panel Meeting 4 June 2013

78 Carlotta Street, Greenwich

 

 

Subject:††††††††† 78 Carlotta Street, Greenwich†††

Record No:††† DA12/223-01 - 23892/13

Division:†††††††† Environmental Services Division

Author(s):††††† Rebecka Groth†

 

 

Property:†††††††††††††††††††† 78 Carlotta Street, Greenwich

 

DA No:††††††††††††††††††††††††††††††††††† DA12/223

 

Date Lodged:††††††††††††† 14/12/2012

 

Cost of Work:††††††††††††† $305,000

 

Owner:††††††††††††††††††††††††††††††††††† G. Biuki & M. Kermari

 

Applicant:††††††††††††††††††† DJSP Consulting Pty Ltd

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to a 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 1a

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours:

 

65, 67, 69, 71, 72, 73, 74, 75, 76, 80 and 84 Carlotta Street

 

137, 139, 141, 143, 145 and 147 Greenwich Road

 

East Ward Councillors

†††††††††††††††††††††††

Greenwich Community Association and Lane Cove Historical Society

 

 

REASON FOR REFERRAL

 

This report has been referred to the Panel given the concerns raised by the residents of neighbouring properties.

 

 

 

EXECUTIVE SUMMARY

 

The proposal seeks consent to undertake alterations and additions to an existing single storey dwelling house including an addition of a first floor. The proposal would result in a two storey dwelling house.

 

During the assessment of the application, the proposal was amended to reduce the building height from a maximum of RL 44.50m (8.21m) to a maximum height of RL 43.53m (7.5m) from the existing ground level. The amended plans were re-notified. Three (3) objections to the final amended application were received, which are primarily concerned with impacts on access to sunlight and loss of views.

 

The application is recommended for approval subject to conditions.

 

SITE

 

The site is located on the eastern side of Carlotta Street and contains an existing single storey dwelling house.

 

The site is irregular in shape with 14.9m frontage to Carlotta Street and a rear boundary length of 15.25m. Vehicular access to the site is available from Carlotta Street.

 

The site is situated within a low density residential area. Immediately to the north of the site is a two storey dwelling (No. 76 Carlotta Street). The site adjoins several properties to the east, being the rear of the site. To the east is a two storey dwelling (No. 139 Greenwich Road), buildings containing street level commercial/office uses and dwellings on the upper level (No. 141 and No. 145 Greenwich Road) and a part two to three storey dwelling (No. 143 Greenwich Road). South of the site is a two storey dwelling house under construction (No. 80 Carlotta Street). †

 

To the west, on the opposite side of Carlotta Street are single and two storey dwelling houses. The Lane Cove River is located approximately 228m west of the site.†† Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

PROPOSAL

 

The proposal involves alterations and additions to an existing dwelling house.

 

The works proposed to the ground floor include the addition of a new carport within the front setback, verandah, entry area and external stairs. This level comprises a bedroom, study, media room, bathroom, wet bar, a family room and foyer.

 

The proposal includes the addition of a first floor comprising three (3) bedrooms, bathroom, kitchen, dining/living and a terrace.

 

Several trees are proposed to be removed. Two small trees in the front setback and shrubs along the southern boundary are proposed to be removed.

 

 

PREVIOUS APPROVALS/HISTORY

 

A review of councilís records reveals the following approvals relating to the subject site.

 

DA06/135 Ė Two lot subdivision of No. 78 Carlotta Street, Greenwich. This application resulted in No. 80 Carlotta Street and the current No. 78 Carlotta Street.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:†††††††††† R2 Ė Low Density Residential

 

Site Area:†††††† 550m≤

 

 

Proposed

Control

Complies

Floor Space Ratio

0.497:1

0.5:1

Yes

Height of Buildings

Maximum 7.55m

9.5m

Yes

 

Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

Min 10.7m

Consistent with area or 7.5m

 

 

Yes

 

Terrace setback min 7.55m

Terrace 7m

allowable encroachment up to 500mm

 

Yes

Northern side setback (min)

to first floor

 

2m

1500mm

Yes

Southern side setback (min)

to first floor

 

Variable setback min 1.3m

1500mm

No. Refer to variation discussion within this report

 

Rear setback (min)

to first floor

 

10.180m

9.1425m

(25% of boundary)

Yes

Wall Height (max parapet of 600mm)

Max 7m

7.6m

Yes

Maximum Ridge height

7.550m

9.5m

Yes

Subfloor height (max)

NA

1.5m

NA

Number of Storeys (max)

2

2

Yes

Landscaped area (min width of 1m)

Approximately 196m2 located in the rear of the site

 

Note: calculation based on the demolition of the existing garage situated in the rear of the site

 

35% (192.5m2)

Yes

Cut and Fill (max)

Approximately 1m

1m

Yes†

Solar Access

Given the orientation of the site and adjoining properties, the site is overshadowed by No. 76 Carlotta Street, situated immediately north of the site. The proposed primary recreation areas for No. 78 Carlotta Street are situated towards the street and will be largely free of shadow by12 noon.

 

The submitted shadow plans indicate the proposal will overshadow neighbouring properties. This matter is discussed in detail within this report.

 

 

a) Dwellings or additions shall be so designed and orientated so as to give reasonable sunlight to the habitable rooms and recreational areas of the subject site and adjoining premises between 9am and 3pm on 21st June.

 

 

 

Acceptable. Refer to the assessment below

 

 

Vertical shadow plans were submitted for No. 80 Carlotta Street. These plans show that the windows of the dwelling will be in shadow throughout the day. This is discussed in detail later in this report.

 

 

 

In particular, dwellings are to be so located and designed that a portion of windows of neighbouring dwellings receive at least 3 hours of sun between 9am and 3pm on 21st June.

 

 

 

 

b) Council may accept reduction in solar access for the subject site and adjacent

development if the topography and lot† orientation is such that the 3 hour standard is considered unachievable

 

 

Provide for view sharing

a)†††††††† There are no relevant views from public spaces.

 

 

 

 

 

a) Where existing views from public spaces are through the gaps between side setbacks of buildings, the length of the building and roof of any proposal should be oriented towards the view in order to minimise view obstruction.

Acceptable. Refer to the assessment below

 

 

b)†††††††† There are no view corridors to the water from the street.

 

b) Existing or potential view corridors to the water from the street are to be protected as public view corridors by ensuring that fencing to the front boundary is open in character.

 

 

 

c)†††††††† The proposed carport is not located within a view corridor, it is situated largely within the envelope of the proposal.

 

c) Garages and outbuildings are not to be located within the view corridor and the required side setback is to be clear of all built form obstructions. Lightweight carport structures may be considered in side setbacks.

 

 

 

d)†††††††† The site is not considered to be steep. The height of the proposal has been staggered in comparison to the overall height of the adjoining dwellings.

 

d) Buildings on steeply sloping sites should adjust the height of the building envelope to follow the natural topography of the site

 

 

 

e)†††††††† The sections of roof proposed are flat.

 

e) To facilitate view sharing for residential developments, flat roofs or low mono-pitched

roofs can be used where the design of the building and roof is integrated architecturally and where its appearance would be appropriate given the character of the street.

 

 

 

f)††††††††† The proposal does not achieve the maximum permissible building height.

 

f) Applicants may not be able to achieve the maximum permissible height in order to cater and facilitate view sharing. In such cases, concessions shall be given for side and rear setbacks subject to meeting the requirements for privacy, amenity and solar access to

the adjoining neighbours. These concessions should be discussed with the Council

Officers prior to the lodgement of Development Application.

 

 

 

g)†††††††† Only views from dwellings are considered in this assessment.

 

g) Views from commercial development will not carry the same weight as views from dwellings.

 

 

 

h)†††††††† The proposal is not to unreasonably affect existing water views from living areas of adjoining dwellings. The adjoining properties which have existing water views (Lane Cove River) from living areas include: Nos. 139, 141 and 143 Greenwich Road.† It is noted that these properties obtain the water views over the site from its rear. No. 76 Carlotta Street also obtains views of the Lane Cove River over the site in its front setback area.

 

h) Development is not to unreasonably affect existing water views from living areas of adjoining dwellings. Views from bedrooms are not considered to have the same

significance unless they are the only available views within the dwelling.

 

 

 

 

i)††††††††† Views from living areas will be given more weight.

 

i) In such cases the maintenance of the view will be tested against its reasonableness i.e. how the view is obtained and where the view is gained. For instance views that are

gained by leaning out a side boundary window and looking obliquely across a number of

lots will not be given weight against a view from the main living area window.

 

Acceptable. Refer to the assessment below

 

 

j) Views have been assessed with regard to the view sharing principles stated by the Land and Environment Court.

j) Views will also be tested against the extent of view available. Where appropriate the views will also be tested against the view sharing principles stated by the Land and Environment Court

 

 

Heritage Conservation

NA

NA

NA

 

Deck/

Balcony depth (max)

Variable, maximum depth 3.7m

3m

No. Refer to variation discussion within this report

Private open space

The rear portion of the site provides a minimum of 24m2 for recreation. A verandah and terrace are proposed within the Carlotta Street setback. These are not deemed to be private open space areas and have been excluded from the calculations.

 

24m≤ (min)

4m minimum depth

Yes

Basix

The certificate states the proposal will meet the minimum energy targets

 

Meets the minimum energy targets

Yes

 

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

2

2

Yes

Driveway width

5m

3m at the lot boundary

Yes

 

Carports within the front setback

 

 

 

Proposed

Control

Complies

Setback of Carport Posts (min)

1.5m

1m from street boundary

Yes

% of Allotment Width

6m

6m

Yes

 

 

REFERRALS

 

Manager Urban Design and Assets

 

Councilís Development Engineer reviewed the proposal and raised no objection to it subject to conditions of consent relating to general construction, stormwater and sediment and erosion control. The applicant would be required to obtain certification that the existing stormwater system is in good working order. If approved by IHAP, the recommended conditions are included in the draft conditions.

 

Manager Open Space

 

Councilís Tree Preservation Officer reviewed the proposal and raised no objection to it subject to conditions of consent relating to the protection of trees, approval for lopping and removing trees, a new replacement tree and general construction conditions. The recommended conditions are included in the draft conditions.

 

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

 

The site is situated within zone R2 Ė Low Density Residential zone. The proposed development is permissible within this zone with the consent of Council. The proposal complies with the maximum building height of 9.5m and complies with the floor space ratio of 0.5:1.

 

Other Planning Instruments

 

There are no further planning instruments applicable to this proposal.

 

Variations to Councilís 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.

 

1.†††††††† Southern side setback

 

The DCP requires a minimum side setback for two storey dwelling houses to be 1.5m. The proposed setback to the southern boundary is stepped however portions of the first floor are setback approximately 1.3m and 1.4m. There is no architectural advantage for this variation.

 

An increased setback from this boundary would not facilitate significant view retention for the properties to the rear of the site. However, an increase to this setback would provide the opportunity for increased solar access to the adjoining southern property, No. 80 Carlotta Street. Therefore, it is recommended that the southern side setback is increased to the DCP minimum of 1.5m.

 

A draft condition is recommended requiring that prior to the issue of the construction certificate, the applicant shall submit amended plans to the PCA detailing the southern side setback to the first floor is a minimum of 1.5m.

 

2.†††††††† Depth of Terrace

 

The DCP requires that terraces/balconies have a maximum depth of 3m. The proposed first floor includes a stepped terrace which has a maximum depth of 3.7m. Whilst the terrace is stepped and complies in part with the maximum depth of 3m, there is opportunity to reduce the depth of the terrace to further facilitate view sharing. Views towards the south are enjoyed from No. 76 Carlotta Street.

 

A draft condition is recommended requiring that prior to the issue of the construction certificate, the applicant shall submit amended plans to the PCA detailing the depth of the entire terrace is a maximum of 3m.

 

Assessment of the view sharing principles stated by the Land and Environment Court

 

The applicant has installed height poles towards the front of the proposed building. The surveyor has certified that the RL of the height pole is a maximum of RL43.54. The maximum RL of the proposed dwelling towards the rear would be RL43.53. However the RL towards the front of the dwelling which would obstruct the view has an RL of 43.30, which is less than the RL of the height pole installed on-site by 0.24m at this point (surveyorís certificate shown attached as Attachment 3).

 

The following assessment has been undertaken on the installed height poles.

 

The following assessment has been undertaken with regard to the planning principles of view sharing in the Tenacity Consulting v Waringah 2004 case.

 

1.†††††††† Assessment of views to be affected

 

Views of the Lane Cove River are currently available from surrounding properties. These views include the interface between land and water.

 

Views of the Lane Cove River are enjoyed by 76 Carlotta Street situated immediately north of the site and from 139, 141 and 143 Greenwich Road which are situated immediately to the rear of the site.† An inspection of No. 145 Greenwich Road was not undertaken. However it is estimated that views of the Lane Cove River are enjoyed from the first floor level balcony of this property. It is estimated that the primary water view from this property is obtained from a south-western perspective, however views over the rear of No. 78 Carlotta Street would also be enjoyed.

 

2.†††††††† From what part of the property the views are obtained

 

No. 76 Carlotta Street, situated immediately north of the siteís boundary obtains the water view across the side and front boundaries of No. 78 Carlotta Street.† The views from this property are enjoyed through No. 78 Carlotta Street whilst standing in the living room, kitchen, dining and balcony area.

Views of the Lane Cove River are also obtained from No. 76 Carlotta Street west of the site across Carlotta Street.

 

No. 139 Greenwich Road, situated to north east of the site. Views of the water are obtained across No. 78 Carlotta Street from its rear. The views from this property are enjoyed whilst standing in the living room and balcony.

 

Water views are also obtained from No. 139 Greenwich Road west of the site across Carlotta Street.

 

No. 141 Greenwich Road is situated to the north east, immediately to the rear of No. 78 Carlotta Street. Views of the water are obtained from No. 141 Greenwich Road are obtained from the rear over the site. Views of the water are enjoyed whilst standing from the living room, kitchen and balcony.

 

Water views are also obtained from No. 141 Greenwich Road west through No. 80 Carlotta Street and south-westerly water views are also available from the balcony.

 

No. 143 Greenwich Road is situated to the west of No. 78 Carlotta Street. Views of the water are obtained from the rear of No. 78 Carlotta Street. Views of the water are enjoyed whilst standing in the living room and rear balcony on the first floor and from the main bedroom and balcony on the second floor.

 

Water views are also obtained from No. 143 Greenwich Road

 

South-westerly water views are also available from the balcony on the second floor of the dwelling house.

 

3.†††††††† Assess the extent of the impact

 

No. 76 Carlotta Street enjoys water views from several aspects including through the side and front setbacks of No. 78 Carlotta Street. The view obtained from the kitchen, living areas and balcony from No. 76 Carlotta Street would be impacted. However, No. 76 Carlotta Street will retain western water views obtained from the balcony and living areas. These views are obtained across Carlotta Street.

 

The loss of water views from No. 139 Greenwich Road resulting from the proposed development is considered to be minor, given the western water views from No. 76 Carlotta Street would be retained.

 

No. 139 Greenwich Road enjoys water views from several aspects including through the rear of No. 78 Carlotta Street, through other properties south-west of the site and west across Carlotta Street. The view from the living area and balcony of No. 139 Greenwich Road across the side and rear of No. 78 Carlotta Street would be impacted.

 

The loss of view resulting from the proposed development is considered to be minor, given the south-western and western water views from No. 139 Greenwich Road would be retained.

 

Water views from No. 141 Greenwich Road are enjoyed from the kitchen, living area and balcony through the rear of No. 78 Carlotta Street. The view across No. 78 Carlotta Street would be impacted as a result of the proposal. The view of the interface between land and water would be possible however the extent of this particular view of the interface would be reduced.

 

The loss of water views from resulting from the proposed development is considered to be moderate, as the immediate water view from the primary living area and balcony would be significantly reduced. However, the interface between land and water would be evident. The water views south-west through No. 80 Carlotta Street and further south-westerly water views would remain available from the balcony of No. 141 Greenwich Road.

 

Water views from No. 143 Greenwich Road are enjoyed from the first floor and second floor levels of the dwelling. The first floor enjoys water views through the rear of No. 78 Carlotta Street from the living area and balcony. This view would be lost as a result of the additional floor. Views of the water are enjoyed from the second floor main bedroom and balcony. From the main bedroom and balcony on the second floor, south-westerly water views are available.† A minor impact on this view would be experienced directly west of the No. 143 Greenwich Road. Overall the loss of views anticipated from this property is considered to be minor, given water views to the south-west would be retained.

 

4.†††††††† Assess the reasonableness of the proposal causing the impact

 

The proposed development complies with the maximum permissible height limit. The maximum overall height of the proposal is 7.55m, being 1.95m below the maximum permissible height limit. The proposal incorporates a stepped flat roof.

 

A variation is proposed to two sections of the southern side setback of the first floor. These variations whilst minor could be increased to facilitate view sharing. A draft condition of consent has been included requiring the applicant to amend this setback to achieve a minimum southern side setback of 1.5m.

 

A variation is also proposed to the depth of the terrace within the front setback. Whilst significant views are not obtained through this portion of the site by the adjoining dwelling at No. 76 Carlotta Street, the terrace depth should be reduced to facilitate view sharing. A draft condition of consent has been included requiring the applicant to amend the depth of the terrace to a maximum of 3m.

 

It is considered that with the proposed further amendments, the loss of views as a result of the proposal would be reasonable and acceptable.

 

Solar Access Assessment

 

The DCP states dwellings or additions shall be so designed and orientated so as to give reasonable sunlight to the habitable rooms and recreational areas of the subject site and adjoining premises between 9am and 3pm on 21st June. In particular, dwellings are to be so located and designed that a portion of windows of neighbouring dwellings receive at least 3 hours of sun between 9am and 3pm on 21st June. See attached shadow plans.

 

The proposed development would result in overshadowing impacts to the adjoining properties immediately to the south and west of the site. These properties are No. 80 Carlotta Street, No. 141, No. 143 and No. 145 Greenwich Road. The extent of overshadowing is discussed below.

 

At 9am the submitted shadow plans indicates shadow would affect No. 80 Carlotta Street, both the front setback area and part of the dwelling itself.

 

By 12 noon the shadow would move to overshadow the dwelling at No. 80 Carlotta Street.

 

At 3pm the shadow plan shows No. 80 Carlotta Street and the adjoining properties to the siteís rear, being No. 141, No. 143 and No. 145 Greenwich Road as being partly in shadow. The overshadowing in the Greenwich Street properties is restricted to the rear portion of the properties. The shadow affecting No. 80 Carlotta Street at 3pm is shown to cover part of the dwelling and part of the rear of the site.†

 

The extent of overshadowing anticipated at No. 141, No. 143 and No. 145 Greenwich Road is considered to be acceptable, as these properties would receive a minimum of three (3) hours of sun between 9am and 3pm midwinter as a result of this proposal.

 

Vertical shadow plans were submitted for No. 80 Carlotta Street as this property is situated immediately south of the proposal and would therefore be most affected by overshadowing. The approved plans for No. 80 Carlotta Street include bedrooms on the ground floor orientated towards the northern boundary. Primary living areas on the first level of the dwelling address Carlotta Street and the northern boundary. The submitted vertical shadow plans show the ground floor and upper floor windows of the No. 80 Carlotta Street would be in part shadow throughout the day.

 

At 9am approximately half of the dwelling and its windows are in shadow. The windows in shadow are dining and living room windows. The remainder of the dwelling at both levels is free of shadow. These windows comprise living and dining areas, at both levels.

 

By 12 noon, all the windows are in shade, however, two living room windows located at the rear of the site are shown as being partly in shadow, the ground floor level is a living room window and the upper floor level is a deck window. By 3pm the majority of windows are in shade. Three windows towards Carlotta Street are free of shadow being the ground floor ensuite window and the upper level living area windows.†

 

The overshadowing impact on No. 80 Carlotta Street as demonstrated by the applicant is considered to be reasonable given the orientation of the site and the overall height of the proposed development. The living area and deck situated at the rear of the site of No. 80 Carlotta Street would have access to sunlight until approximately 12 noon, when it would be in part shade. A portion of the windows of No. 80 Carlotta Street would receive 3 hours of sun. It is noted that the access to sunlight for No. 80 Carlotta would be marginally improved by the recommended increase in setback to the southern boundary.

 

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

 

The development application was lodged on 14 December 2012. In accordance with Councilís notification policy, the submitted plans were notified to surrounding neighbours on 19 December 2012. In response to these plans three (3) submissions were received. The primary issues raised in the submissions include insufficient information, poor design and concern regarding the timing of the notification period being over the Christmas period. Copies of these submissions are provided to the panel for its consideration.

 

Amended plans were requested of the applicant to address solar access, view concerns and to reduce the floor space ratio. These plans resulted in the deletion of a study and clarification of levels of the existing ground level and overall building height.† In response to this notification period, commencing on the 1 February 2013, eight (8) submissions were received. The primary issues raised in the submissions include overshadowing, view loss and impact on streetscape. Copies of these submissions are provided to the panel for its consideration.

 

Further amendments were requested from the applicant. Amended plans were received in May 2013. The main changes made to the plans include:-

 

1.†††††††† Reduced overall building height.

 

2.†††††††† Reduced depth of first floor Terrace and deletion of North facing privacy wall of Terrace.

 

3.†††††††† Deletion of the existing free standing Garage.

 

4.†††††††† Installed of height poles on-site.

 

5.†††††††† Amended shadow diagrams demonstrating shadow to be cast onto No. 80 Carlotta Street.

 

The amended proposal was re-notified on the 13 May 2013.† Three (3) submissions were received in response to this notification. The issues raised in these submissions received are summarised as follows.

 

Issue

Concern

Comment

 

View loss

The front frame of the height poles shows that the loss of views from No. 141 Greenwich Road would be 100%.

This view loss is unacceptable.†

 

As discussed in the view loss assessment section of this report, the proposed development would not result in the loss of 100% of water views from No. 141 Greenwich Road. This property would lose the water view available immediately from the living room and balcony however this property would still enjoy the south-westerly water views.

 

 

The proposal has not been designed to enable view sharing. It is not fair to allow someone to steal a view the owner has paid for.

 

The proposal is not designed to reduce its impact. The proposal has been designed to maximise its width and height.

 

 

The proposal is generally compliant with Councilís requirements. The overall building height is below the permitted maximum height. A condition has also been recommended to increase the proposed side setback to the southern boundary. It is also noted that properties situated to the rear of the site enjoy south-westerly water views.

 

Design Quality

The design of the proposal is poor. It is possible to achieve a better design outcome.

 

This comment is subjective. The design generally meets the requirements of the DCP as discussed in this report.

 

Height poles incorrectly installed

 

All height poles should be installed to accurately reflect the proposal, not just the height poles towards the street frontage.

 

The height poles installed give an estimate of the developmentís likely impact on the water views. The height poles have been endorsed by a Registered Surveyor.

 

The applicant has installed height poles towards the front of the proposed building. The surveyor has certified that the RL of the height pole is a maximum of RL43.54. The maximum RL of the proposed dwelling towards the rear would be RL43.53. However the RL towards the front of the dwelling which would obstruct the view has an RL of 43.30, which is less than the RL of the height pole installed on-site by 0.24m at this point.

 

Level of information/documentation provided

 

The application package and drawings provided are poor, ground levels and height poles have not been provided.

 

Note: this submission was received in response to the second re-notification. This matter has been addressed as a recent submission referred to an older submission.

 

Further information has been requested from the applicant since this submission was lodged.

Dual occupancy proposed

 

The plans show an intention to create two independently accessed dwellings.

 

The applicant seeks approval for a dwelling house. A condition of consent is recommended stating the dwelling is not to be separately occupied.

 

 

CONCLUSION

 

The matters under Section 79C of the Environmental Planning and Assessment Act 1979 Act have been considered.

 

The proposal complies with the provisions of Lane Cove Councilís Local Environmental Plan 2009. The proposed development generally complies with the provisions of the Lane Cove Development Control Plan.

 

The application has been amended several times since its lodgement. The amendments were requested to facilitate view sharing and to reduce the impact of overshadowing.

 

The proposal would result in a loss of views of the Lane Cove River for surrounding properties however, the applicant has amended the proposal to enable view sharing. The proposal has been designed so that the proposal complies with the maximum floor space ratio and building height permitted by the Local Environmental Plan 2009. This design means that the interface between the land and water of the Lane Cove River would be visible from No. 141 Greenwich Road, situated to the rear of the site. The surrounding properties to the site should continue to enjoy water views to the south-west.† Amended plans are required from the applicant to further increase the southern side setback to assist with access to sunlight and view sharing.

 

The amended proposal has resulted in a reasonable and acceptable development. The proposal is recommended for approval subject to draft conditions.

 

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grant development consent to Development Application DA12/223 for alterations and additions to a dwelling house at No. 78 Carlotta Street, subject to the following conditions:

 

1.†††††††† That the development be strictly in accordance with sheet numbers 1, 3, 4, 5, 6 and 7 dated 2/5/2013 by DJSP Consulting Pty Ltd except as amended by the following conditions.

 

2.†††††††† The dwelling house shall not be separately occupied.

 

3.†††††††† The existing garage situated in the rear of the site shall be demolished prior to the issue of the construction certificate.

 

4.†††††††† Prior to the issue of the construction certificate, the applicant shall submit amended plans to the PCA detailing the southern side setback to the first floor is a minimum of 1.5m.

 

5.†††††††† Prior to the issue of the construction certificate, the applicant shall submit amended plans to the PCA detailing the depth of the terrace is a maximum of 3m.

 

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 Waterís 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 $20,000.

 

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.†††††† Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

15.†††††† 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.

 

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

 

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

b)†††††††† Waterproofing of wet areas

c)†††††††† Completion.

 

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

 

a)†††††††† upper level floor framing;

 

19.†††††† Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.† Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

20.†††††† 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.

 

21.†††††† A check survey certificate is to be submitted at 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.

 

22.†††††† Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays.†

 

If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

23.†††††† 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.

 

24.†††††† Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.

 

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

 

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

 

27.†††††† 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 installments, the first installment of the levy) Ė 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.

 

28.†††††† Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

29.†††††† 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 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.

 

30.†††††† The applicant must obtain written authority prior to pruning or removal of any trees greater than 4m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40mm in diameter. Trees shown on the approved Plans for removal are exempt from this condition.

 

31.†††††† 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.

 

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

 

33.†††††† One (1) replacement tree must be planted in the front yard of the property. The tree must be healthy, good quality nursery stock, grown to at least 35 L container size, being free of girdling roots and other defects and have a height at maturity of at least 6m. The replacement tree must be established PRIOR TO ISSUE OF THE FINAL OCCUPATION CERTIFICATE.

 

34.†††††† All engineering plans and work shall be carried out in accordance with Councilís standards and relevant development control plans except as amended by other conditions.

 

35.†††††† Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a ďBuilding waste containers or materials in a public placeĒ application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.†

 

36.†††††† Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.† This shall include hoarding applications, 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.

 

37.†††††† Where the applicant requires the use of construction plant on the public road reservation, an ďApplication for Standing Plant PermitĒ 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.

 

38.†††††† 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.

 

39.†††††† 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.

 

40.†††††† Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, íPart 3 - Traffic control devices for works on roadsí.

 

41.†††††† 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.

 

42.†††††† All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

43.†††††† 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 Part O of Lane Cove Councilís 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 Part O of Councilís 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 Part O of 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 Part O of Council's DCP-Stormwater Management.

 

44.†††††† 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 Councilís requirements. The full bond will be retained if Councilís requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

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

 

46.†††††† 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 Condition No. 45. The devices shall be maintained during the construction period and replaced when necessary.

 

47.†††††† 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 Councilís DCP- Stormwater Management.†

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

AT‑3 View

Letter from Acre Surveying Pty Ltd

1 Page

 


Independent Hearing and Assessment Panel Meeting 4 June 2013

6-8 Evelyn Street, Greenwich

 

 

Subject:††††††††† 6-8 Evelyn Street, Greenwich†††

Record No:††† DA12/216-01 - 5170/13

Division:†††††††† Environmental Services Division

Author(s):††††† Rebecka Groth†

 

 

Property:†††††††††††††††††††† 6-8 Evelyn Street, Greenwich

 

DA No:††††††††††††††††††††††††††††††††††† DA12/216

 

Date Lodged:††††††††††††† 5 December 2012

 

Cost of Work:††††††††††††† $158,000

 

Owner:††††††††††††††††††††††††††††††††††† M & B Samuel and D. Ridley

 

Applicant:††††††††††††††††††† DJSP Consulting Pty Ltd

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Part demolition, alterations and additions to two semi-detached dwellings

ZONE

R2 Ė Low Density Residential Development

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

Item number 141 of local heritage significant in Lane Cove Local Environmental Plan 2009. The building is a group of semi detached dwellings indicative of the close settlement in the area which followed the opening of St Leonards Wharf.

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 1

STOP THE CLOCK USED

44 days

NOTIFICATION

2 and 4 Evelyn Street

 

53, 55, 57, 59, 61, 66, 70 and 72 Carlotta Street

 

East Ward councilors

 

EXECUTIVE SUMMARY

 

The proposal is for the demolition of part of the semi-detached dwellings, the construction of a new extension at the rear of the dwellings and an extension to the brick common wall at 6-8 Evelyn Street, Greenwich.

 

The initial development application was notified and four (4) submissions were received. The applicant submitted amended plans which deleted the balcony proposed at the rear of No. 6 Evelyn Street. The amended proposal was re-notified and two (2) submissions were received.†

The concerns raised in the submissions mainly relate to:-

∑††† Overshadowing of adjoining properties.

∑††† Non compliance with setbacks.

∑††† Impact upon privacy.

∑††† Asbestos related concerns.

 

The proposed development complies with the provisions of Lane Cove Local Environmental Plan with regards to overall Height and maximum permissible Floor Space Ratio.

 

The building is listed as an item of local heritage significance in Lane Cove Local Environmental Plan 2009. Councilís heritage consultant has confirmed that the proposed development would not adversely impact upon the heritage significance of the heritage item.

 

The proposed development does not comply with the following Development Control Plan provisions:-

∑††† Side setback.

∑††† Rear setback.

∑††† Subfloor height.

∑††† Solar access.

 

The impact of overshadowing on the adjoining properties is considered reasonable. The proposal is considered to be satisfactory and recommended for approval subject to draft conditions.

 

SITE

 

The site is 447m2 and contains brick semi-detached cottages which were built in approximately 1910. The site is irregular in shape with a 14.11m frontage to Evelyn Street and a 6.235m frontage to Carlotta Street. The primary pedestrian access point for both dwellings is from Evelyn Street.

 

The site is situated within a low density residential area. Immediately to the west of the site is a public reserve. To the east are single storey semi-detached cottages (No. 4 Evelyn Street) and to the rear of the site is a two storey dwelling house (No. 70 Carlotta Street).†† Site Plan and Notification Plan are shown attached (AT1 and AT2).

 

PROPOSAL

 

The proposal seeks consent to demolish part of the semi-detached brick dwellings, the construction of a new extension at the rear of the dwellings and an extension to the brick common wall. The extension to No. 6 involves a new family room and stairs on the basement floor and a new sitting area on the ground floor. The extension to No. 8 involves a new kitchen and bathroom on the ground floor and a new verandah on the western elevation.

 

PREVIOUS APPROVALS/HISTORY

 

A review of councilís records does not reveal any recent approvals relating to the subject site.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:†††††††††† R2 Ė Low Density Residential

 

Site Area:†††††† Lot 1 in DP 187410 ††††††††††††††† Area: 447.4m≤

 

 

Proposed

Control

Complies

Floor Space Ratio

0.45:1

 

(GFA 200.66m2)

 

0.5:1

Yes

Height of Buildings

Overall ridge height of existing roof is 47.46 RL. Extension is proposed to be in line with this height.

 

Measurement from plans indicates the maximum overall height proposed is approximately 8.095m

 

9.5m

Yes

 

Heritage

 

The subject property is listed as a heritage item number 141 of local heritage significance in Lane Cove Local Environmental Plan 2009. The building is a group of semi detached dwellings indicative of the close settlement in the area which followed the opening of St Leonards Wharf.


Comprehensive DCP

 

Given the proposal involves an extension to existing semi-detached dwellings, only the relevant sections of the DCP have been discussed below.†

 

 

Proposed

Control

Complies

Side setback (min)

Eastern 1.220m

 

Western 1.192m to building

 

Min 195mm to verandah

 

1.5m

No. See draft condition 3. Refer to the variations section of this report

Rear setback (min)

4.105m

<1000m≤: 8m

 

No. Refer to the variations section of this report

Wall Height

6.14m

7.0m

Complies

Maximum Ridge height

Approximately 7.6m

9.5m

Complies

Subfloor height (max)

Max 2.4m

1.5m

No. Refer to the variations section of this report

Number of Storeys (max)

2

2

Complies

Landscaped area (min width of 1m)

44.6% Approximately (199.48m2)

35% (156.59m2)

Complies

Cut and Fill††††† (max)

Max 1m

1m

Complies

Solar Access

North facing windows on the lower level at 70 Carlotta Street would receive approximately two and a half hours of solar access

Reasonable sunlight to the habitable rooms and recreational areas of the adjoining properties between 9am & 3pm, 21st June

 

No. Refer to the variations section of this report

 

2-4 Evelyn Street would receive more than 3 hours of solar access†

 

 

Complies

Provide for view sharing

No views observed as being affected

Provide for view sharing

Complies

Heritage Conservation

The proposal will have negligible impacts on the significance of the subject properties and nearby heritage items

To have regard for heritage items and conservation areas

Complies

Deck/Balcony depth (max)

1.8m

3m

Complies

Private open space (min)

Existing semi-detached dwellings having less than the DCP required private open space

24 m≤ & 4m depth

 

Basix

Basix certificate provided

Basix certificate required

Complies

 

 

REFERRALS

 

Manager Urban Design and Assets

 

Councilís Development Engineer reviewed the proposal and raised no objection to the proposed development which includes the stormwater of the new and altered impervious area to be connected to the existing system. Draft conditions have been provided which have been included in the report.

 

Manager Open Space

 

Councilís Tree Assessment Officer reviewed the proposal and raised no objection to the proposal provided the trees in the adjacent playground are protected. Draft conditions have been provided which have been included in the report.

 

Manager Environmental Services

 

Councilís Building Surveyor reviewed the proposal and raised no objection to it subject to conditions of consent.

 

Councilís Heritage Conservation Planner

 

The development is listed as a local heritage item pursuant to the Lane Cove Local Environmental Plan 2009. Councilís consultant Conservation Planner reviewed the proposal and advised that the proposal would have negligible impacts on the significance of the subject properties and nearby heritage items. (The complete advice is shown attached as AT3).

 

The Heritage Planner has recommended that the timber verandah, new glazed doors and new window to the west elevation of 8 Evelyn Street be detailed in a traditional form and in a style appropriate to the Arts and Crafts character of the property (See draft condition 2).

 

The consultant noted during their inspection internal building works were occurring. This work appeared to involve the removal of internal walls and original features (including the chimneybreasts and fire places) which are not included as part of the current development proposal. This matter would be referred to Councilís enforcement section for further investigation and appropriate action.

 

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

 

Clause 2.2 - Zoning

 

The subject site is zoned R2 Ė Low Density Residential under the provisions of Lane Cove Local Environmental Plan 2009. The proposal is permissible with consent within the zone. The proposal is considered to meet the objectives of the zone.

 

Clause 4.3 - Height of Buildings

 

The proposed development is below the maximum permissible height limit of 9.5m.

 

Clause 4.4 - Floor Space Ratio

 

The proposed floor space ratio of 0.45:1 complies with the maximum permissible floor space ratio of 0.5:1.

 

Clause 5.10(4) Heritage Conservation

 

As discussed within the referrals section of this report, the development is listed as a local heritage item pursuant to the Lane Cove Local Environmental Plan 2009. Councilís consultant Conservation Planner has reviewed the proposal and has advised that the proposal would have negligible impacts on the significance of the subject properties and nearby heritage items.

 

Other Planning Instruments

 

There are no further planning instruments which are relevant to this proposal in addition to those already discussed.

 

Variations to Councilís 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.

 

1.†† Side setback

 

The proposal seeks to vary the 1.5m minimum side setback requirement of the DCP. The extension proposes a 1.22m setback to the eastern side boundary and 1.192m to the western side boundary.

 

The eastern boundary immediately adjoins another semi-detached cottage, No. 4 Evelyn Street. The private open space and living areas for No. 4 Evelyn Street are located along this common boundary. The proposed eastern elevation demonstrates there would be no overlooking into the adjoining dwelling given Windows 2 and 3 are highlight windows. Increasing the setback to a minimum of 1.5m will not result in a significant reduction to the amount of overshadowing experienced by No. 4 however this setback would provide for further separation between the dwellings.

 

The variation to the eastern side setback is not supported and a draft condition has been recommended to comply (See draft condition 3).

 

The site is irregular having a width of 14.11m at the Evelyn Street frontage and narrowing to 13.6m towards the rear of the existing dwellings. Consequently, as a result of the lot configuration and design, the addition to the rear of No. 6-8 Evelyn Street encroaches into the 1.5m western side setback. The proposal is setback a minimum of 1.192m from this boundary. Due to the configuration of the lot, this variation represents a variation of 1.6m in length.

 

Given that the proposal adjoins a public nature reserve and does not result in a non-compliance with the BCA or amenity impacts for neighbours, the variation to the western side boundary is supported.

 

2.†† Rear setback

 

Based on the configuration of the site, the rear setback to the proposal is required to be a minimum of 8m as per the DCP.

 

The existing rear setback of the development is 6.235m. It is noted that the development was constructed prior to the adoption of the current DCP controls. The proposed rear setback is 4.105m. The proposed rear setback is similar to the rear setback of the adjoining property, No. 4 Evelyn Street.

 

As detailed in the following variation to solar access and overshadowing, the proposal provides adequate separation to enable reasonable sunlight to the adjoining property.

 

In view of the above, the variation to the rear setback requirement is supported.

 

3.†† Subfloor height

 

The DCP permits a maximum subfloor height of 1.5m. The proposal seeks to vary this requirement and proposes a 2.4m subfloor height. It is noted that this arrangement is largely the result of the existing built form. The dwellings are accessible directly from a similar level as Evelyn Street and then become split level towards the rear of the site. There would be no visual change to the external appearance of the dwellings as a result of this non-compliance. This variation is supported.

 

4.†† Solar Access† and Overshadowing

 

The vertical shadow plans provided by the applicant demonstrate the existing and proposed level of shadow which No. 70 Carlotta Street would experience at 22 June. The plans show that No. 70 Carlotta Street is overshadowed by No. 6-8 Evelyn Street and the overshadowing experienced would be marginally increased.

 

No. 70 Carlotta Street is situated immediately south of the subject site. The primary living and recreation areas (indoor and outdoor) are situated at ground level on the siteís northern boundary (adjoining part of the rear boundary of No. 6-8 Evelyn Street). It is noted that a swimming pool is also situated at the rear of the site. Habitable rooms are situated on the first floor also along the northern boundary.

 

Without taking into consideration the shadowing of the existing verandah and the dividing fence the shadow diagrams indicate that the north facing windows on the lower level at 70 Carlotta Street would receive approximately two and a half hours of solar access.

 

Given the east west orientation of the subject property it is reasonable to expect that there would be increased overshadowing on the dwelling house towards the south and it would not always be possible to meet the requirements of 3 hrs of sunlight between 9am and 3pm to windows serving habitable rooms in the adjoining dwelling.

 

In view of the above it is considered that the level of overshadowing is considered reasonable.

 

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

 

The initial development application was notified from 7 December 2012 for a period of 14 days. As a result of this notification four (4) submissions were received.

 

The applicant submitted amended plans which deleted the balcony proposed at the rear of No. 6 Evelyn Street. As a result of the re-notification of the proposal two (2) submissions were received.† The issues raised in the submission can be summarised as follows:-

 

1.†† J. Hassall Ė 70 Carlotta Street, Greenwich

 

a)†† Property will experience additional overshadowing as a result of the extension. The courtyard and living areas, bedrooms and pool will be further in shadow as a result of the development.

b)†† Suggestion of a flat roof design.

 

Officers Comment

 

The vertical shadow plans provided by the applicant demonstrate the existing and proposed level of shadow which No. 70 Carlotta Street would experience at 22 June. The plans show that No. 70 Carlotta Street will experience marginally increased overshadowing.

 

As discussed within this report, the overshadowing anticipated to the living areas (indoor and outdoor) of the adjoining property, No. 70 Carlotta Street is considered acceptable.

 

The dwellings are identified as heritage items and the extension of the pitched roof is consistent with the heritage form of the item. This portion of the development has been supported by Councilís Heritage Conservation Planner.

 

 

2.†† A. Gidley-Baird Ė 4 Evelyn Street, Greenwich

 

a)†† Increased overshadowing:-

 

i.††† Property will experience additional overshadowing as a result of the extension. Any alteration to the structure at the subject site will result in reduced sunlight to living areas and amenity for No. 4 Evelyn Street.

ii.††† The setback to the eastern wall does not comply with Councilís controls and this elevation includes living area windows. This will reduce privacy and increase shadow.

iii.†† The proposed roof over the sitting room extends too far towards No. 4 Evelyn Street. This will result in additional overshadowing.

iv.† The extension of the pitched roof will result in reduced sunlight.

v.†† Shadow diagrams were not available on the website as of 16 December 2012. These are needed to determine the extent of impact on No. 4 Evelyn Street.

 

b)†† The survey information provided is inaccurate as it does not accurately reflect the current building at No. 4 Evelyn Street.

 

c)†† It is not clear what type of structural or other material will be used to support or enclose the space below the sitting room extension.

 

d)†† There is an amount of asbestos in the building and this will be disturbed as a result of the renovations. All legal requirements should be imposed given the proximity to residential properties.

 

Officers Comment

 

The shadow plans provided on Councilís website demonstrates the likely impact of the proposal on adjoining properties, including No. 4 Evelyn Street. The shadow diagrams indicate that the proposed development would not cast a shadow on 4 Evelyn Street between 9.00am to 12.00noon. In this respect the proposed development would meet the DCP requirement. Overshadowing is largely a result of the lot orientation of both the subject site and No. 4 Evelyn Street.

 

As discussed in the variations section of this report, the eastern setback proposed does not comply with Councilís DCP, is not supported and a draft condition has been recommended to comply (See draft condition 3). It is not considered that the upper level windows would reduce privacy for No. 4 Evelyn Street as these are highlight windows.

 

The dwellings are identified as heritage items and the extension of the pitched roof is consistent with the heritage form of the item. This portion of the development has been supported by Councilís Heritage Conservation Planner.

 

A site inspection of No. 4 Evelyn Street was undertaken. The extent of the dwelling at No. 4 Evelyn Street was considered in consultation with the plans.

 

Structural details for this extension are not available in conjunction with the DA and would be dealt with at the construction certificate stage.

 

A condition, in relation to asbestos handling, has been included in the draft conditions of consent (See draft condition 18).

 

Section 79 (C) (e) The public interest

 

The proposed development is considered satisfactory with respect to design objectives and provisions under Councilís Development Control Plan. The proposed development would not create any major environmental impacts.

 

Accordingly it is considered that the proposed development is in the public interest and can be approved subject to appropriate draft conditions.

 

CONCLUSION

 

The application has been assessed having regard to the relevant Planning Instruments and Council controls, as well as public good and suitability of the site.

 

The proposed development would not impact upon the heritage significance of the heritage item.

 

The impact of overshadowing on the adjoining properties is considered reasonable.

 

The matters under Section 79C of the EP&A Act have been considered and are considered to be adequate and satisfactory. The proposal is considered to be satisfactory and recommended for approval subject to the following draft conditions.

 

 

 

RECOMMENDATION

 

That pursuant to Section 80(1a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grant consent to Development Application DA12/216 for part demolition, alterations and additions to two semi-detached dwellings at 6-8 Evelyn Street, Greenwich, subject to the following conditions:-

 

 

1.†††††††† That the development be strictly in accordance with drawing number 1-8 dated 16/1/2013 by DJSP Consulting Pty Ltd except as amended by the following conditions.

 

2.†††††††† Details shall be prepared for 8 Evelyn Street of the following areas and submitted prior to the issue of the Construction Certificate:-

 

∑††† west (side) verandah;

∑††† new glazed doors to the west elevation;

∑††† new window to the west elevation;

∑††† proposed wall treatment to the west elevation at ground floor level.

 

3.†††††††† The eastern side boundary setback for the proposed extension shall be a minimum of 1.5m. Amended plans shall be submitted prior to the issue of Construction Certificate.

 

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

 

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

 

6.†††††††† The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Waterís 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.

 

7.†††††††† 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 $20,000.

 

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

 

9.†††††††† 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.

 

10.†††††† 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.

 

11.†††††† 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.

 

12.†††††† Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

13.†††††† 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.

 

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

 

15.†††††† 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.

 

16.†††††† 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;

f)††††††††† floor framing;

 

17.†††††† A check survey certificate is to be submitted at the completion of works.

 

18.†††††† 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.

 

19.†††††† Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.

 

20.†††††† The demolition works being confined within the boundaries of the site.

 

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

 

22.†††††† 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) Ė 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.

 

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

 

24.†††††† Compliance with the Waste Management Plan submitted along with the application.

 

25.†††† 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.

 

26.†††† The applicant must obtain written authority prior to pruning of any trees greater than 4m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40mm in diameter. Trees shown on the approved Plans for removal are exempt from this condition.

 

27.†††† 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.

 

28.†††† 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.

Bond on Street & Council Trees

 

29.†††† Pursuant to Section 80A(6)(a) and (7) of the Environmental Planning and Assessment Act 1979, the applicant must, prior to the issue of the first construction certificate, provide security in the amount of $5,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) for the payment of the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to all street trees and park trees that are on the public road reserve immediately adjoining the land subject of this development consent.

 

††††††††† The Council may apply funds realised from the security to meet the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the said trees. If the cost of making good any damage caused to the said trees as a consequence of the doing of anything to which this development consent relates exceeds the amount of the security provided by the applicant additional security must be provided by the applicant to the Council to cover that cost and the Council may apply funds realised from the additional security to meet the total cost of making good the damage."

 

††††††††† The bond shall be refundable following issue of the Occupation Certificate. The owner must notify Councilís Senior Tree Assessment Officer who will inspect the street tree and organize the bond refund.

 

General Engineering Conditions

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

 

31.†††† (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 ďBuilding waste containers or materials in a public placeĒ application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.†

 

32.†††† (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 hoarding applications, 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.

 

33.†††† (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an ďApplication for Standing Plant PermitĒ 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.

 

34.†††† (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.

 

35.†††† (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.

 

36.†††† (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, íPart 3 - Traffic control devices for works on roadsí.

 

37.†††† (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.

 

Engineering conditions to be complied with prior to Construction Certificate

 

38.†††† (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 Part O, Lane Cove Councilís 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 Part O, Councilís 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 Part O, 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 Part O, Council's DCP-Stormwater Management.

 

39.†††† (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 Councilís requirements. The full bond will be retained if Councilís requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

 

Engineering condition to be complied with prior to commencement of construction

 

40.†††† (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 erosion and sediment control plan by DJSP Consulting P/L numbered page 1 and dated 23-11-12.The devices shall be maintained during the construction period and replaced when necessary.

 

 

Engineering condition to be complied with prior to Occupation Certificate

 

41.†††† (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 Councilís DCP-Stormwater Management.†

 

 

 

 

 

 

 

 

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

Heritage Conservation Planner's review

3 Pages

 

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