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Agenda

Independent Hearing and Assessment Panel Meeting

1 September 2015, 5:00pm

 


 

Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Independent Hearing and Assessment Panel Meeting, to be held in the Council Chambers, 48 Longueville Road Lane Cove on Tuesday 1 September 2015 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 Council’s Office Manager – 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 Council’s 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 Council’s Office Manager – 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 1 September 2015

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 4 AUGUST 2015

 

Independent Hearing and Assessment Panel Reports

 

2.      24 Robertson Street, Greenwich.................................................. 4

 

3.      S96-51 Northwood Road, Northwood......................................... 36

 

ERRATUM TO S96-51 Northwood Road, Northwood - On 26 August 2015, Council identified an error in the report relating to the proposal of the Section 96 application published on Lane Cove Council website on 25 August 2015.

The comparison table on Page 38 and 39 contained errors in the comment section of the table.  The correct figures are shown in bold type below:

Provisions

DA

CC

S96

Comment

Building height 9.5m

9.2m with pitched roof

9.7m with a flat roof

10.7m (over the proposed pergola)

Does not comply

FSR 0.5:1

0.44:1

0.48:1

0.54:1

Does not comply

The lengths of slabs shown on Section A-A

Lower Ground Level: 13.6m (from Plant room to terrace)

 

 

Ground Level: 22.1m

(from the carport to rear terrace planter box)

 

 

First Floor: 12.9m (from the En-suite to roof of the dining)

16m

 

 

 

 

 

22.4m

 

 

 

 

 

 

14.1m

16.7m

 

 

 

 

 

24.1m

 

 

 

 

 

 

14.4m

Additional 3.1m to the DA, (2.4m towards to the front and 0.7m towards to the rear boundary)

 

Additional 2m to the rear boundary comparing with DA

 

 

 

 

Additional 1.5m to the rear boundary comparing with DA

The lengths of the slabs shown on Section B-B

Lower Ground Level: 11.6m (from the plant room to the stair wall)

 

Ground Level: 16m (from the study to planter box edge)

 

First Floor: 12.2m (from the WIR to the roof line over the Lounge

12.9m

 

 

 

 

 

16.3m

 

 

 

 

12.7m

16.8m

 

 

 

 

 

19.4m

 

 

 

 

14.2m

Additional 5.2m to the DA (towards to the front boundary)

 

 

 

Additional 3.4m to the rear comparing with DA

 

 

Additional 2.0m to the rear comparing with DA

 


 

Independent Hearing and Assessment Panel Meeting 1 September 2015

24 Robertson Street, Greenwich

 

 

Subject:          24 Robertson Street, Greenwich    

Record No:     DA15/49-01 - 47427/15

Division:         Environmental Services Division

Author(s):       Andrew Thomas 

 

 

 

Property:

24 Robertson Street, Greenwich

DA No:

DA49/2015

Date Lodged:

30 April 2015 – revised upper floor plans submitted 18.6.15

Cost of Work:

$1,000,000

Owner:

C and M Beardow

Applicant:       

Mark and Cathy Beardow

 

 

Description of the proposal to appear on determination

Alterations and additions to the dwelling house including an upper floor level and attached rear decks, and alterations to the swimming pool concourse and detached garage.

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 10b

Stop the Clock used

No

Notification

Neighbours                           

Ward Councillors                  

Progress Association            

 

 

SITE

 

Property

Lot No.  1                                                 DP No. 4651

Area

1,317.6m2

Site Location

The subject site is located at the western end of Robertson Street. The site’s rear boundary adjoins the Lane Cove River close to Gore Creek, and its north side boundary adjoins Gore Creek Reserve which contains bushland.

Existing Improvements and Site Details

Existing development on the site consists of a part single and a part two storey dwelling house, a detached double garage at its Robertson Street frontage and a swimming pool in its rear yard.

 

Whilst the southern side of the existing dwelling house is parallel to the side boundary, its opposite side is steeped to address the site’s angled northern boundary.

 

The garage is level with Robertson Street. The main ground floor entry level to the dwelling house is about 2.5m below street level. The garage screens the dwelling house from the street.

 

The swimming pool is about 4.5m below the entry level and the fall from here to the Lane Cove River is about 18m.  

 

Beyond the swimming pool the site’s rear yard includes rock outcrops and mature trees. There is a mature Melaleuca tree at the rear of the dwelling house and close to the site’s southern side boundary. 

Shape

The site is a fan - shaped lot with a wider rear boundary compared to its front boundary.

Dimensions

An eastern frontage of about 9.7m to Robertson Street.

A western rear boundary of about 26m to the Lane Cove River.

Side boundaries with a general depth of 77m to the north, and 75m to the south. 

Adjoining Properties

 A part single and part two storey dwelling house to the north and to the south at 26 and 22 Robertson Street respectively.

 

Site Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

REFERRAL

 

This matter is referred to Council’s IHAP given issues raised during notification and significant concerns with the proposal that include its height, design and the overshadowing of an adjoining property.

 

EXECUTIVE SUMMARY

 

·          The subject site is an irregular - shaped lot with an area of 1,317m2.

·          The proposal includes an upper floor level.

·          Five submissions have been received to the proposal that raise concerns with the its design, height, side setbacks, impacts on adjoining properties in terms of overlooking and acoustic privacy, water views and overshadowing of an adjoining property.

·          Design changes have increased one side setback of the upper floor, and changed a window on both sides. However, draft conditions 2 and 3 are recommended to further reduce its potential to overlook both adjoining properties.

·          Overall the proposal is a reasonable development that does not raise significant issues with relevant environmental planning instruments, or Council’s controls, and the application is recommended for approval.   

 


PREVIOUS APPROVALS/HISTORY

 

An application was submitted in the late 1980s and again in the late 1990s for works to the dwelling house and/or its swimming pool, both of which were approved. 

 

PROPOSAL

 

A summary of the proposed alterations and additions to the dwelling house, and changes to both the swimming pool concourse and the detached garage, follows.

 

1.   Dwelling house

 

Existing Entry (Ground Floor) Level

 

·     A rear addition of about 6m2 to a sitting room on its south side;

·     An increase in the area of an attached rear deck on this same side from about 6m2  to about 19m2 that would also include new stairs and a timber privacy screen along its south side and skylights within its metal roof;

·     Internal alterations to create an open plan kitchen and family area, and a bathroom and powder room;

·     Replacing the pitched glass awning in front of the main entry with a flat glass roof;

·     Some windows on both side facades and at the rear would be replaced; and

·     Internal stairs to the proposed upper level.

 

Existing Lower Floor Level

 

·     A kitchenette at the front would become a laundry;

·     A rear addition of about 6m2 to the rumpus room on its south side with a kitchenette;

·     A rear tiled area would be replaced with timber decking and the deck area extended with  New stairs and a timber privacy screen along its south side; and

·     The stairs at the rear of the footpath on the south side would be removed and the footpath extended. 

 

Proposed Upper Floor Level

 

In order to maintain the high ceilings and light into the entry and hall below, most of this proposed floor level would be located on the southern side of the dwelling house and would include:

 

·     A main bedroom with WIR and ensuite, two other bedrooms and two bathrooms;

·     A slate roof with a pitch of 300 over its rear and front corners, and a metal roof with a pitch of 20 over the majority of the rooms on its south side;

·     Part of its proposed walls would be clad in slate to match the proposed roof, and the remainder rendered and painted; and

·     The existing chimney would be increased in height.

 

2.   Swimming Pool

 

·     The removal of a retaining wall on its east side, and its concourse on its north side would be increased by about 1m;

·     The garden stairs on its north side would be removed, and new timber stairs and a landing provided closer to this same side; and

·     Glass fencing along its north side would be replaced, and glass fencing provided on its east side above a new retaining wall extending across the site.

 

3.  Garage

 

·     Its stepped frontage would be demolished and its front doors removed; and

·     Its front facade would be altered to include a double garage door, and its existing tiled roof would be retained.

 

Revised Plans

 

Following discussions between interested parties and a review of neighbour’s submissions, revised plans were submitted in June that sought to address the privacy and overlooking concerns of both adjoining neighbours by:-

 

·     Increasing the southern side setback of the proposed upper floor’s main bedroom from 1.395m to 1.835m;

·     Changing a large rectangular window on the south side of this room to a narrow horizontal window with a sill height of 1.6m above the floor level; and

·     Altering the lower window (window W5b) of the two north facing ground floor study windows from clear glass to an opaque finish, and recommending that this window be conditioned to open at its base i.e. as an awning/hopper - style window.    

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning: R2 Low Density                               Site area: 1,317.6m²

 

 

Proposed

Control

Complies

Floor space ratio

    0.32:1

0.5:1

Yes

Height of buildings

   10.42m

9.5m

Yes *  

 

* Only a small area of the main roof is proposed above an area previously excavated for drainage that is not habitable.

 

Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

Unchanged

Consistent with area or 7.5m

 

-

Side setback (min)

     Upper floor

·             NE front corner : 1.16m - 2.2m

·          South side:1.395m – 1.835m

 

 

 

 

 

 

 

 

·            Entry level rear extension: 1.3m, and adjoining deck: 1.8m

*  Lower level rear extension:  4.9m, and adjoining deck: 1.6m

1.5m for two storeys

 

 

 

 

 

 

 

 

 

 

 

 

1.2m for single storey

 

No, in part, but reasonable as an addition can maintain the existing setback of the floor below if there would be no unreasonable impacts on amenity.

 

 

Yes, rear additions are at, or below, ground level on south side. 

Rear setback (min)

Unchanged

>1000m²: 10m or 35%, whichever is the greater

-

Wall height (max)

 

8m: north elevation, and,

 

8m : rear elevation

 

7m

No, in part: however, as each section is minor both are supportable.

Ridge height (max)

10.42m

9.5m

Yes: see * comment under previous table.

Number of storeys (max)

1 - 3

2

No, in part, but supportable as area affected would be minor.

Landscaped area (min)

No discernible  change

35%

-

Cut and fill (max)

Cut: <1m

Fill:  about 650mm

1m

Yes

Solar access (min)

Some bedroom windows would receive less than 3 hours.

3 hrs to north - facing (habitable) windows, and a reasonable proportion of sunlight to the recreational areas of adjoining premises between 9am and 3pm on June 21.

No, in part because two bedrooms have more than one window.

Although not all bedroom windows would receive 3 hours sunlight, both bedrooms would receive reasonable sunlight overall.

Deck/balcony depth (max)

3.5m – 5m for rear entry floor level deck

3m if elevated more than 1m above existing ground level to living areas

No, but draft condition 2 requires its extended section to comply.

Private open space (min)

Both exceeded

24m²

4m depth

Yes

Basix Certificate

Supplied

Required

Yes

 


Car Parking

 

 

Proposed

Control

Complies

Off - street spaces (min)

2 and unchanged

2

Yes

Driveway width (max)

Unchanged

3m at the lot kerb

-

 

Garages Facing the Street

 

 

Proposed

Control

Complies

% of allotment width

Unchanged

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

-

 

 

Outbuildings (i.e. Existing Garage)

 

 

Proposed

Control

Complies

Overall height (m) (max)

Unchanged

3.6m

-

External wall height (max)

Unchanged

2.4m

-

Floor space (max)

Reduced by 6.5m2 to 45m2

50m²

Yes

Number of storeys (max)

Unchanged

1

-

Setback of windows from boundaries (min)

Unchanged

900mm

-

 

 

Private Swimming Pools 

 

There would be no changes to the existing swimming pool in relation to the DCP controls.

 

REFERRALS

 

Senior Tree Assessment Officer

 

States that:-

·     The proposed rear addition requires the mature Melaleuca located nearby and close to the site’s south side boundary to be pruned, and confirms that the required permit for this has been issued;

·     The proposal does not raise any tree - related issues; and

·     Recommends draft conditions 43 - 46.

 

Assistant Manager Bushland and Open Space

 

Has no concerns regarding the impact of the proposal on adjoining bushland and recommends draft conditions 47 - 51.

 

Development Engineer

 

Confirms that-

·     No OSD system is required as the site is within Council’s exclusion area and drains directly to the foreshore of the Lane Cove River;

·     All new impervious areas should drain to the existing stormwater system; and

·     Recommends draft conditions 52 - 64.

 

ENVIRONMENTAL PLANNING INSTRUMENTS  

 

1. Lane Cove Local Environmental Plan 2009

 

In relation to the LEP the proposal:-

·   Is permissible in the R2 zone with consent;

·   Generally satisfies the relevant objectives of the R2 zone;

·   Complies with its standard for FSR; and

·   Apart from a small portion of the proposed upper floor level that would exceed its height standard, does not raise any other issues in relation to the LEP itself.

 

The proposed development satisfies the relevant objectives for the R2 zone because:

·   Housing is maintained;

·   It would partly retain existing residential amenity by reducing overlooking of properties on either side of the site with proposed privacy screens and the treatment of some windows; however, the amenity of both adjoining neighbours can be further increased by draft conditions 2 and 3 that would require an extension of a privacy screen, a privacy screen for an extended footpath and the treatment of other side windows;

·   The proposed upper level to the existing dwelling house would not be highly visible viewed from the Lane Cove River; and

·   It would retain landscaping on the site.   

 

SEPP 19: Bushland in Urban Areas

 

The aims of this policy are to preserve and retain bushland. Gore Creek Reserve contains bushland and adjoins the site’s northern side boundary.

 

Only minor works are proposed beyond the existing swimming pool in the site’s rear yard. Council’s Assistant Manager Bushland has no concerns with the proposal’s impact on adjoining bushland.

 

SEPP 55: Remediation of Land

 

The subject site and adjoining sites are zoned either for residential or environmental conservation purposes. Given the type of use permissible within either of these two zones, it is unlikely that the site would be contaminated. 

 

Deemed SEPP Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 – the REP

 


Aims and Planning Principles

 

The aim of this plan is to provide a clear and consistent planning framework to protect and enhance the unique attributes of Sydney Harbour.

 

A relevant aim of the REP in relation to the proposal is that its foreshores are to be protected, and a relevant planning principle is to maintain, protect and enhance the unique visual qualities of the Harbour from development that is visible from its foreshores.

 

Matters for Consideration

 

Those relevant Matters for consideration under Part 3, Division 2 of the REP are discussed below.

 

Clause 20 General

 

The application has addressed the relevant matters.

 

Clause 21 Biodiversity, Ecology and Environmental Protection

 

The draft conditions recommended by Council’s Development Engineer would ensure that stormwater would have no adverse effect on the quality of water entering the Lane Cove River.

 

All on - site trees would be retained, and adjoining bushland would not be affected.

 

Clause 25  Foreshore and Waterways Scenic Quality

 

The scale, form, design and siting of the proposal are reasonable having regard to:-

·   The topography of the site; 

·   Neighbouring dwelling houses; and

·   The eclectic mix of dwelling houses in the area.

 

Although the existing dwelling house is visible from the Lane Cove River, its proposed upper floor level would be a reasonable addition in the context of surrounding developments which include dwelling houses with three levels, whilst the landscape character of the locality, on - site trees and adjoining bushland would not be threatened.

 

Clause 26 Maintenance, Protection and Enhancement of Views

 

The proposal does not affect any public view of the Harbour, and would have a negligible impact on the private views of the Lane Cove River from neighbouring properties.

 

The proposal would be consistent with and satisfy those relevant matters for consideration under the REP. 

 

APPLICABLE REGULATIONS

 

The Environmental Planning and Assessment Regulation 2000 indicates that the standards for demolition and removal of materials should meet with AS 2601- 2001 and therefore any consent will require the application of a relevant draft condition seeking compliance with this Australian Standard.

 


DEVELOPMENT CONTROL PLANS

 

1. Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 (the DCP 2005)

 

The DCP 2005 accompanies the REP and applies to all development proposals within the Foreshores and Waterways Area Map identified within it that principally relates to the waterway and adjoining land. The subject site is located within the boundaries of this map.

 

The DCP 2005 includes a landscape assessment and planning guidelines to be considered in the assessment of development applications.

 

Part 3 : Landscape Assessment

 

The site is within an area defined as Landscape Character Type 9 that have natural foreshores interspersed with more developed areas. Development within this area should retain its natural features, and only development consistent with the scale, design and siting of that which exists is to be encouraged.

 

None of the site’s trees, or the adjoining bushland, would be affected by the proposal.

 

The proposed additions at the rear of the existing dwelling house are minor, and there would be no discernible change to its existing footprint. The proposed upper floor level would result in the subject dwelling house being of a similar height, bulk and scale as some neighbouring dwelling houses. The proposal would not result in any adverse cumulative impacts.

 

Part 5 : Land - Based Development

 

A review of the proposal in relation to its relevant clauses follows.

 

(i)   Clause 5.3: Siting of Buildings and Structures

 

As the site does not provide a public vista from Robertson Street it would not obstruct public views. The existing dwelling house footprint would generally be maintained, with one tree required to be pruned to allow for a small rear extension.

 

(ii)  Clause 5.4: Built Form

 

The proposed upper floor level would be sympathetic to its surroundings, and its height, bulk and scale would be similar to the scale of some neighbouring dwelling houses.

 

Under this plan a flat or a skillion roof is not usually preferred. However a flat section of roof has been proposed to improve solar access to an adjoining dwelling house that would not be visible viewed from the Lane Cove River and would otherwise be similar to this style of roof used in other dwelling houses near to the site. By contrast, the remainder of the proposed roof would be pitched. Draft condition 24 (63) is included to prevent roof glare.

 

The height, bulk and scale of the proposed additions would have a benign impact viewed from the Lane Cove River, and its existing and proposed construction materials are consistent with other dwelling houses in the area.

 

As the site is well below the level of those dwelling houses in Ford Street that create a ridge line viewed from the Lane Cove River, the proposed upper level would not break the ridge line within this part of Greenwich.

 

(iii) Clause 5.6: Planting

 

Bushland and remnant native species are required to be protected and enhanced, and existing mature trees retained where possible.

 

On - site trees would be retained, and neither Council’s Senior Tree Assessment Officer, nor Council’s Assistant Manager Bushland, have raised concerns with the proposal.

 

2. The Lane Cove Development Control Plan 2009 (the DCP)

 

Part C.1 Objectives for Dwelling Houses

 

The proposal satisfies its objectives because:

 

·          the design of the upper floor level is reasonable and it would not have an adverse impact on the streetscape; and,

·          it would achieve a reasonable level of amenity for its occupants and on - site trees would be retained, and because draft conditions 2 and 3 would require some windows to be treated, a screen to a rear deck extended and another screen provided along part of a side footpath so as to reduce potential overlooking of both adjoining neighbours at 22 and 26 Robertson Street.

 

Development in Foreshore Areas

 

The site is affected by the DCP’s General Controls for development in foreshore areas applying to structures proposed within 30m of Mean High Water Mark (MHWM). Only minor works are proposed to the swimming pool concourse and garden stairs within this particular foreshore control. These proposed works would have a benign impact viewed from the Lane Cove River and would not raise issues concerning this DCP control.

 

Variations to Council’s LEP 2009 and DCP 2009 

 

1. LEP 2009

 

With a maximum overall height of 10.42m the proposal would exceed the development standard for height under the LEP by about 900mm.

 

Determination of Height

 

The approach of Commissioner O’Neill of the Land and Environment Court of NSW (the LEC) in the matter of Bettar v Council of the City of Sydney (NSWLEC 1070) of 2014 (Bettar) has been used to determine the overall height of this development. In her Judgment the Commissioner stated that:

·     The height of a development was appropriate to the condition of the site and its context; and

·     Existing ground level should bear some relationship to overall topography, including that of the site itself.

 

In Bettar the Commissioner stated that it was preferable to determine existing ground level across the site based on the level of the footpath at its property boundary and not adopt the floor level of its existing basement buildings on the site that were, by definition, already below ground, because:

·     This approach related to context and overall topography, including that of the site itself; and

·     This would remain relevant even after buildings on the site had been demolished.

 

A small area has previously been excavated towards the front of the subject dwelling house to allow drainage to be installed next to the lower floor level store. If existing natural ground level is taken from the top of the rock outcrop next to the excavated area there would be a difference in level of about 1.3m. Consequently under this approach the overall height of the proposed upper level would be about 9.1m.

 

Whilst the excavated area is 1.3m wide and 3.5m long, the area within the roof of the proposed upper level that would exceed 9.5m is about 4m2, or about 1.5% of the area of the roof. The impact of such a small area would be benign.

 

Variation of Height: cl. 4.6 Submission

 

Due to the departure from the height standard imposed under cl. 4.3 of the LEP, the applicant has submitted a written variation to seek Council’s support to varying this standard under cl.4.6.The objectives of cl.4.6 of the LEP are:-

(a)     to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)     to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

 

Clause 4.6(3) of the LEP requires that:-

 

Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:-

(a)     that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)     that there are sufficient environmental planning grounds to justify contravening the development standard.

 

Clause 4.6(4) states that Council, as the consent authority, must not grant development consent unless it is satisfied that:-

(i)      the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)      the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, …

 

Objectives

 

In summary the objectives for the height standard are:-

 

·     To minimize overshadowing, loss of privacy and visual impacts on neighbouring properties,

·     To maximize sunlight for the public domain, and

·     To relate development to topography.

 

In summary the applicant states that that the proposal would achieve these three objectives because:-

 

·     Where the height standard is exceeded over the roof of the bathroom adjoining bedroom 4 would not have an adverse impact on private views, solar access or privacy, or any visual impact on neighbours because it would be located above a previously excavated area of the site;

·     It would not overshadow the public domain; and

·     the proposal relates to the topography of the site – if the excavation below this roof had not occurred, the proposal would fully comply with the height standard.

 

Further, the applicant states that compliance with the standard is unreasonable and unnecessary because:

 

·     This part of the roof would not have an impact on existing privately obtained views, privacy or solar access;

·     There are no public views over the site; and,

·     The public domain would not be overshadowed.

 

In addition, the applicant states that there are sufficient environmental grounds to justify contravening the standard, and in summary these are:

 

·     The proposal is consistent with the aims and objectives of the LEP and the objectives of its R2 zone;

·     It maintains the site’s landscape qualities;

·     The breach would not adversely affect water views, solar access or privacy;

·     It would not be highly visible viewed from the Lane Cove River; and

·     The scale and design of the proposal complements the existing dwelling house and the varied character of dwelling houses in the area.

 

In summary the applicant’s written justification states that:

 

·     The proposal satisfies the relevant objectives of the R2 zone under the LEP; 

·     The continued use of the land for residential purposes is consistent with these objectives;

·     The proposal is consistent with the objectives relating to both FSR and height, and the objectives and planning guidelines of the REP;

·     It would retain the single dwelling character of the site, and the residential amenity of the area;

·     It would not be highly visible viewed from the Lane Cove River; and,

·     Landscaping would remain a dominant feature of the site.

 

Consequently the applicant states that:

 

·     A variation of the height standard would be in the public interest because the proposed development is consistent with the objectives of the height standard, and the objectives of the R2 zone; and

·     That the exception to the development standard is well founded.

 

Comment

 

The applicant’s justification is reasonable, and the points raised are argued in this report. In particular:

 

·     The height standard would have been achieved if there had been no excavation below the  proposed bathroom adjoining bedroom 4;

·     The area of non - compliance is minor; and,

·     The contravention would have no adverse impact on neighbours, or the locality.

 

Overall the excavation that sought to improve drainage for the existing dwelling house and that is now the cause of the departure from the height standard, is a reason that in the circumstances of this case, the applicant’s cl. 4.6 variation of the height standard is supported.   

 

2. DCP 2009

 

The preceding assessment tables also identify those five provisions of the DCP that the proposal does not comply with. Each departure is discussed below.

 

1. Wall Height

 

Although part of the north and rear facades of the proposed upper floor level would exceed a height of 7m, this non-compliance is supported for the following reasons:

 

·     In relation to the relevant Building Design objectives:

o   it would be similar to the height, bulk and scale of some dwelling houses in the area, and its  FSR, and most of its overall height, comply with these two respective standards under the LEP; 

o   in addition to measures included in its design that would reduce potential overlooking of the adjoining property on each side of the site, draft conditions 2 and 3 would require additional privacy screens and other windows to be treated to further reduce potential overlooking of both adjoining properties; in addition, light spillage should not be a significant issue, and loss of views is not an issue; and, overshadowing of the adjoining property at 22 Robertson Street is  reasonable (see later comments under Point 4. Solar access); and also because

·     The extent of the numerical departure is relatively minor, being an area of about 2m2  around the window of bathroom 4 on the north elevation (window W20), and a similar area around the rear bedroom; combined, these two areas are relatively minor in comparison to the overall extent of each facade; and

·     Most of its overall/ridge height complies with the height standard under the LEP. 

 

2.   Number of Storeys

 

Plans indicate that there would be an area of about 8m2 on each floor level that would overlap to create three storeys. The support for this non - compliance has been addressed in the previous discussion of the overall height and wall height of the proposal.

 

3.   Solar Access

 

Representatives for the owner of the adjoining property on the south side of the site, at 22 Robertson Street, have raised concerns in relation to the overshadowing of this part single and part two storey dwelling house.

 

The recreational areas of this adjoining property would receive reasonable solar access on between 9am and 3pm on June 21.

 

This adjoining dwelling house has 9 windows on its north facade, of which 8 are at its upper level. Of the 9 windows 8 are windows for habitable rooms and these are a kitchen towards the rear and a bedroom on the floor below, 3 for the main bedroom towards the rear, a bedroom/study towards the centre and 2 for a front bedroom.

 

Although not all of the main bedroom and front bedroom windows would receive 3 hours of sunlight on June 21 between these same times, the non-compliance is supported because the relevant Amenity objective is satisfied as the front bedroom also has a window facing east that would receive sun in the morning, and the main bedroom would receive reasonable sunlight (i.e. over about half of the area of any one window) through its 3 windows combined. 

 

4.   Side Setbacks

 

The non - compliance with part of the proposed upper floor wall of bedroom 4 on the north side, and the wall of bedroom 3 on the south side, are both supported because:-

·     in relation to the relevant Setback objectives:-

o   There would be significant separation between the proposed addition on the north side and the adjoining dwelling house at 26 Robertson Street, and reasonable separation between the proposed addition on the south side and the adjoining dwelling house at 22 Robertson Street, as well as adequate sunlight and ventilation for all three dwelling houses, whilst public views is not an issue; and also because:

·     As the addition follows the setback of the level below it can be allowed;

·     Only a 2m long part of the wall of bedroom 4 would be setback less than the minimum of 1.5m but the setback of the remainder of the bedroom wall would increase up to 2.2m due to the angled side boundary;

·     Although 4.5m of the wall of bedroom 3 would not comply, the numerical departure of 100mm does not raise any significant issues; and

·     Subject to the inclusion of draft condition 3 requiring the external louvre / blind of the north facing window of bedroom 4 (W19) to be at a fixed angle so as to reduce potential overlooking, and draft condition 2 requiring the side window of bedroom 3 to be treated so as to also reduce potential overlooking, both bedrooms would have a reasonable impact on the amenity of each adjoining property.  

 

5.   Depth of Deck

 

The rear entry level deck adjoining the kitchen would include a 3.5m extension to its existing depth of 1.5m. As it would have the potential to be used for entertaining purposes, its extended depth should be restricted so as to reduce the potential adverse impact on the acoustic privacy of the neighbouring property to the south, at 22 Robertson Street.

 

The potential noise from that part of the existing deck that already has depth of 1.5m would be reduced by the existing and proposed wall on three of its sides. Consequently, draft condition 2 is included to ensure that the depth of its proposed extension is reduced from 3.5m to 3m.

 

IMPACTS

 

1.   Natural

 

Apart from the minor disturbance to some rocky areas to allow for the proposed rear stairs, the impact of the proposal on the natural environment would be restricted to the pruning required for the proposed rear additions.   

 

2.   Built

 

The proposed changes to the existing garage, swimming pool concourse and rear garden stairs would have a minor visual impact viewed from the street and/or neighbouring properties.

 

By contrast, the proposed upper level to the existing dwelling house would cause some potential overlooking of the adjoining property on both sides. However, draft conditions 2 and 3 would require certain windows, a deck and a side footpath to be treated so as to reduce this potential on adjoining properties.

 

The proposed upper floor level and rear additions are designed so that the outlook across the rear of the subject site to the northwest from both of the angled windows at the rear of the main bedroom of 22 Robertson Street would be maintained.

 

Subject to the inclusion of draft conditions 2 and 3 the overall impact of the proposal on its immediate neighbours can be reduced to a reasonable level. 

 

SUITABILITY OF THE SITE 

 

The subject site is located in a low density residential area. The proposed upper level, and the consequent height, bulk and scale of the additions to the dwelling house, as well as the other additions and alterations proposed in this application, are suitable for this site. 

 

RESPONSE TO NOTIFICATION

 

Submissions were received in response to the notification of the development application from five adjoining or adjacent property owners, or their representatives. Submissions were made by the owners of the properties on either side of the site at 22 and 26 Robertson Street, and also from 11, 28 and 30 Robertson Street. Since making their submission the then owners of 26 Robertson Street have sold their property.

 

The submissions are summarized (in italics) below, and the property number of the owner(s) raising the concern is provided in brackets, and a comment from this author follows each submission.

 

1.    Height, Bulk and Size Scale (11, 26, 28 and 30 Robertson Street)

·     Proposed east and north - east elevations are bulky and visible from our property – scaffolding is required to assess impact on neighbours (11).

·     Size and bulk exacerbated on our lower property and the northeast corner of the upper level would tower over our front yard; its bulk would be further exacerbated as it is within the narrowest part of the site; its northern façade would be out of character (26).

·     Its size, bulk, scale and side setback would be akin to an apartment block (26).

·     Lacks opportunity for trees to soften its impact (26).

·     Upper floor maintains a glass front entry atrium and this should be set further back (26).

·     Has multiple levels viewed from our front yard, as well as shapes and contours, and is aesthetically unpleasant and disjointed; requires a more aesthetic, harmonious and appropriate design (26).

·     Increasing chimney height (for aesthetic reasons) would be visible to us and 11 and 30 Robertson Street that are higher; current roof line should be maintained, or approximated, on the east side so that height and bulk are reduced (26).

·     Appears excessively bulky; does not maintain or enhance the streetscape; whilst the site’s area may support the proposed additions, the existing dwelling house is set forward on its narrowest part and adding another storey would create an unsightly, bulky and tower - like dwelling unacceptable to properties on the north side with a different orientation that would dominate our front yard; the proposed roof line appears irregular (disjointed) and aesthetically displeasing and would also dominate our front yard and have a disproportionate effect as our dwelling like 26 Robertson Street is setback from the street and due to the slope of sites to the rear, both its the northeast corner and  front façade would have a major impact (28).

·   Its scale and excessive bulk should be moderated so that the roof line is more aesthetically pleasing and less tower - like (28).

·   The size and bulk of the upper level’s northeast corner may not comply with the height controls and would be a dominating feature (30).

·   Suggest a possible attic –style (26) or loft addition (26 and 30), or a flat roof design, and a reduction of the proposed increase in height of the existing chimney (30), or for it not to be supported (26).

·   Two proposed bedrooms could be relocated above the kitchen; south facing upper floor windows would receive virtually no sun or view; recommend all of its windows are a conventional size ( say 900mm x 1.8m), and are not located opposite the windows of 22 ( architect for owner of 22);

·   Question if scale is appropriate e.g. are 6 bathrooms necessary ?; additional rooms are better located at the rear, the roof pitch reduced and trees planted within the northern side setback and their height maintained to provide privacy but not affect views (26)

 

Comments

 

The overall height, bulk and design of the proposal are reasonable, and its FSR is below the maximum.

 

The proposed upper floor and increase in height of the existing chimney would not have adverse impacts on neighbouring properties, including their water views.

 

The proposal would have a minor impact on the streetscape.

 

2.    Wall Height and Side Setback (11, 22, 26 and 28 Robertson Street)

 

·     Wall height of main bedroom should be setback another 1m to lessen its impact on 22(11).

 

·     Wall height of upper floor should be setback 1.5m from the southern side boundary, or preferably the 1.835m indicated for most of this level (22).

 

·   Wall height of bathroom 4 exceeds 7m on the north façade (26); northern side setback is not acceptable (28).

 

Comments

 

The setback of the main bedroom has been increased and complies.

 

The side setbacks of both bedrooms are reasonable given the site’s angled side boundary to the north, and the numerical departure of 100mm on the south side is minor. Subject to the inclusion of draft conditions 2 and 3 the overall impact of both bedrooms would be reduced to a reasonable level.

 

3.    Solar Access (11 and 22 Robertson Street)

 

·     Height of main bedroom should be lowered to reduce overshadowing of 22 (11). Proposed main bedroom would overshadow the adjoining property at 22 Robertson Street (30).

 

·     Upper floor is too close to the site’s southern side boundary and would adversely affect solar access to (my clients) northern windows (22).

 

Comment

 

Overall solar access is reasonable because it can be supplemented for the front bedroom in the morning, and its 3 main bedroom windows combined receive that required.  

 

4.    Privacy: Visual and Acoustic (22, 26, 28 and 30 Robertson Street)

·     A number of windows require privacy treatment – will mediate with applicants and their representative (22).

·     Due to our site (and 28) being orientated roughly north –south about half of the north façade would overlook our front yard, our front rooms and our front entry; window W19 of bedroom 4 and its adjoining bathroom window (window W20) would affect our general privacy, particularly within our front yard as we (and 28) do not have a rear yard because of the adjoining reserve and could not use our front yard due to a lack of privacy; window W19 has clear glass with an adjustable external louvre /blind and window W20 would also be clear glass ; few trees could grow to screen the outlook from both windows -  are also concerned with proposed windows W5a and W5b as both have clear glass and would affect our acoustic privacy – currently when windows in a similar location are left open sound from within that room is easily heard in our front yard and house and this would increase due to the proposed windows and cathedral ceilings of this large room; request these windows are made opaque and non – opening (26).

·     Affected by noise from the use of the existing swimming pool on our rear balcony - with an extended deck expect noise levels to increase; recommend an acoustic screen on the pool’s northern edge (26).   

·     Privacy within our front yard would be lost because of the proposed height and windows – request any windows looking into our front yard are opaque glass (28).

·     Windows of high usage rooms e.g. the kitchen and living area, should be non - opening and sound proofed; as we hear noise from the use of the swimming pool its concourse extension should have acoustic screening (28).

·     Upper level windows to bedroom 4 (W19) and bathroom 4 (W20) would see into our upper level, whilst the lower level windows W5a and W5b would affect our visual privacy  – suggest all four windows are treated, and windows W5 and W5b made non - opening (30).

·     Windows W5a and W5b would heighten potential noise level as the rooms could be used by a number of people and their noise would carry up to our balcony and living areas; frosting of north elevation windows would be insufficient to address our visual and acoustic concerns (30).

Comments

 

Draft conditions 2 and 3 require the treatment of some side windows, including windows W19 and W5b, so as to reduce potential overlooking of both adjoining properties.

 

As both windows W20 and W5a have a hi-level sill neither would cause overlooking. Window 5b has been revised to have an opaque finish and draft condition 3 requires this finish, and for it to be an awning/hopper - style that would open at the bottom, to be confirmed on Construction Certificate plans.

 

As the proposed extension of the swimming pool concourse by 1m would have a minimum side setback of 6.5m an acoustic screen is not justified. Further, the acoustic treatment of family rooms is also not justified.

 


5.    Loss of outlook/view of Lane Cove River (11 and 30 Robertson Street)

·     East and north-east elevations, and the main rear bedroom, would affect our outlook and that from 22 and 28; height of proposed roofline is unclear - recommend roof height of the main bedroom is lowered and upper level bedrooms setback by relocating or deleting the adjoining bathrooms, or the upper level adopts an attic – style, or loft, addition (11).

·     Northeast corner of upper floor will affect our view of the Lane Cove River (30).

 

Comment

 

The proposed upper floor would have a minor impact on existing water views.

 

6.    Trees (11, 22 and 28 Robertson Street)

·     Should not be allowed to affect street trees and on - site vegetation; compliance should be monitored and any damaged trees/vegetation replaced (11).

·     Trees are required within the site’s northern side setback to lessen the proposal’s impact and address noise issues on us and on 26 and 28, but these should not affect our views, or those from 28 (11). 

·     The existing Melaleuca tree is a large tree and a significant feature that is important for the amenity of and outlook from my client’s property and contributes to the sunlight and outlook of two rooms ; about 23% of its canopy would be removed and this will deface its appearance and well - being; the proposed works would disfigure it , and an external stair, a large privacy screen and a protruding roof form will impact upon it and should not occur ; the amenity, in particular the outlook and sunshine of the main living space and main bedroom, depend on this tree remaining as it is and not extending the rear southwest corner of the subject dwelling house (22).

·     Expect street tree between 22 and the subject site to be protected and preserved (28).

 

Comments

 

Tree screening is not justified based on the general compliance of the proposal’s north façade, its satisfaction with relevant setback objectives and the treatment recommended to a bedroom window under draft condition 3.

 

Council’s Senior Tree Assessment Officer does not object to the proposal’s impact on the Melaleuca tree that is required to be pruned, and has also confirmed that as the street tree is located in front of 22 Robertson Street, and not the subject site, Council cannot impose conditions to protect it.

  

7.    Construction access/congestion (26, 28 and 30 Robertson Street)

·     Access to all three properties is restricted and depends on the road in front being clear of any parked vehicles - conditions required to ensure permanent access (26, 28 and 30); options might be a ‘No Stopping’ sign in addition to the existing ‘No Parking’ sign, and mandating immediate access to the subject site for any building or delivery vehicles (26).

 

Comment

 

Although traffic measures relating to a dwelling house are usually not warranted, given the restricted and limited nature of the street, a Construction Management Plan is required under draft condition 65. Further, draft condition 66 imposes a ‘No Stopping’ sign to be installed at the western end of Robertson Street.

 


8.    Statement of Environmental Effects (26 Robertson Street)

·     Does not address the proposal’s impact on our property, amenity, quality of life and privacy; expect the application to be rejected due to its multiple non - compliances and that any revised application reduces the adverse impact on neighbours.

 

Comment

 

The Statement of Environmental Effects has addressed the potential impact of the proposal on this property, and revised plans have addressed the potential impact of one of the side windows facing this adjoining site.

 

THE PUBLIC INTEREST

 

The proposal complies with the objectives of Council’s controls and overall its height, bulk and FSR, setback and solar impact are reasonable.

 

Further, it would have a minor effect on existing water views, and its impact on existing trees would be limited to required pruning.

 

Subject to draft conditions 2 and 3 that seek to reduce its potential to overlook both adjoining properties, and draft condition 4 that requires the kitchenette proposed within the lower level rumpus room to be deleted, approval of the proposal would not be contrary to the public interest.

 

CONCLUSION

 

The proposal does not raise any major concerns with any environmental planning instrument and generally satisfies the relevant objectives for:-

·     Dwelling houses in the R2 zone under the LEP 2009;

·     The Aims and planning principles and Matters for consideration under the Deemed SEPP SREP 2005, and both landscape and land - based development assessment under its DCP; and

·     Both the foreshore and dwelling house controls under the DCP 2009. 

 

The application satisfies the Floor Space Ratio standard under the Lane Cove Local Environmental Plan 2009, and apart from a small portion of the upper floor proposed above an existing excavated area, would otherwise also satisfy its height standard. In addition it would also satisfy the majority of the relevant numerical provisions under Part C.1 of the Lane Cove Development Control Plan 2009 and/or its relevant residential development objectives.

 

Despite design changes on the south side of the proposed upper floor the adjoining owner of 22 Robertson Street remains concerned by the proposal, particularly in relation to overshadowing. However, overall the proposal’s shadow impact on this adjoining property is reasonable.

 

Where the proposal exceeds the numerical provisions under the DCP in relation to wall height, number of storeys, solar access, side setback, and the depth of an extended rear deck, these departures would not have an adverse impact on adjoining properties, or the streetscape, and are recommended to be supported, whilst draft condition 2 requires the deck to to comply. Overall the proposed dwelling house would be of a reasonable height, bulk and scale, and similar in these respects to other dwelling houses in the area.

 

Whilst five property owners have made submissions the majority of their concerns do not raise issues that would warrant the proposal to be recommended for refusal, or changes to its design. Draft conditions 2 and 3 are included so as to reduce potential overlooking of both adjoining properties, but otherwise the overall impact of the proposal on other properties would be benign.

 

The matters in relation to s.79C of the Environmental Planning and Assessment Act 1979 have been satisfied.

 

Subject to the inclusion of the draft conditions 2 and 3 included under the Recommendation to this report so as to reduce the proposal’s impact on both adjoining properties, the proposed development would be reasonable and therefore is recommended for approval.

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, the Council grants development consent to Development Application 49/15 for alterations and additions to the dwelling house including an upper floor level and attached rear decks, and alterations to the swimming pool concourse and detached garage subject to the following conditions:

 

Plans

 

1.      (20) That the development be strictly in accordance with drawing numbers DA01B, 02B and 05B, dated 19.6.15, by Michael Folk Architects and Interiors Pty Ltd except as amended by the following conditions.  

 

Specific

 

2.      In order to reduce potential overlooking of the neighbouring dwelling house to the south, at 22 Robertson Street, the following windows on the south façade are to be finished in obscure glass up to a height of 1.7m above the FFL of the respective room or, alternatively, the sill height of the window is to be raised to this same level:

·        W15 of Bedroom 3, and W11 of the WIR to the main bedroom. 

 

In addition, and to achieve the same purpose, the following privacy measures are also required:

·        All of the staircase window above its landing on the entry level, is to be opaque glass;

·        A privacy screen with a height of 1.7m above its FFL is to be attached along all of the south side of the rear lower floor level deck; and

·        A privacy screen 1.7m above its FFL is to be attached along the extended portion of the existing footpath along the site’s southern side boundary.

 

         Further, and in order to reduce its entertainment potential and so increase the acoustic privacy to this same property and comply with cl. 1.8.2 c) of the DCP 2009,   the depth of the extended part of the rear entry level deck adjoining the sitting room and in front of the kitchen is to be reduced to 3m.

 

PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

3.      In order to reduce potential overlooking of the dwelling house and front yard of the adjoining property to the north, at 26 Robertson Street, the following privacy measures are required:

 

·        all of the middle window of the entry level study (i.e. window 5b) is to have an opaque finish, and the window is to be an awning/hopper-style that only opens at the bottom; and

·        the angle of the louvre/blind of the north facing window of bedroom 4 (window W19) is to be fixed.

        

         PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE  ISSUE OF A CONSTRUCTION CERTIFICATE.

 

4.      In order to reduce the potential of the rumpus room at the lower floor level being used as a separate dwelling, its kitchenette is to be deleted. This area may be shown as a wet bar.

 

PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.  

 

General                         

 

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

 

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

 

7.      (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.

 

8.      (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 $5,000 OR CONSTRUCTION WORKS LESS THAN $20,000.

 

9.      (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house, garage and swimming pool.

 

10.    (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.

 

            A Notice/Sign showing permitted working hours and types of work permitted during those             hours, including the applicant’s phone number, project manager or site foreman, shall be             displayed at the front of the site.

 

11.    (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.

 

12.    (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.

 

13.    (48) 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.

 

14.    (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.

 

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

 

16.    (52) The swimming pool being surrounded by a permanent child – resistant barrier:-

 

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 – 2012 Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

 

         ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

         The register can be found at www.swimmingpoolregister.nsw.gov.au.

 

17.    (54) 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".

 

18.    (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)      The swimming pool safety fence and the provision of the resuscitation poster prior to the use of the swimming pool.

i)       Stormwater drainage lines prior to backfilling

k)      Completion.

 

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

 

a)      retaining walls;

b)      footings;

c)      reinforced concrete work;

d)      structural steelwork;

e)      upper level floor framing.

 

20.    (58) Structural Engineer's Certificate being submitted certifying that existing dwelling house  is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

21.    (60) 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.    (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

23.    (62) All glazing is to comply with the requirements of AS 1288.

 

24.    (63) All metal deck roofs being of a ribbed metal profile or colorbond corrugated galvanised or zincalume iron, in a mid to dark colour range.

 

25.    (64) A check survey certificate is to be submitted at the completion of:-

 

a)       Dampcourse level;

b)       The establishment of the upper 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.

 

26.    (65) 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.

 

27.    (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.

 

28.    (67) 

 

(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:-

 

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

 

(2)     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.

 

(3)     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.

 

(4)     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.

 

29.    (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

         This requirement is satisfied by:-

(a)       Smoke alarms installed in—

(i)      Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

(ii)     in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b)       Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a Buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

(a)       any storey containing bedrooms—

(i)      between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

(ii)     where bedrooms are served by a hallway, in that hallway; and

(b)     any other storey not containing bedrooms.

 

30.    (70) Protection of the dwelling house against subterranean termites must be carried out in accordance with AS.3660.

 

31.    (72) The demolition works being confined within the boundaries of the site.

 

32.    (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

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

 

 

34.    (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item.

 

35.    (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

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

 

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

 

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

 

39.              (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.

 

40.    (141) Long Service Levy Compliance with s.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.

 

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

 

42.    (144) No excavation, other than that indicated in the approved plans, shall be carried out without receiving specific Council approval.

 

Tree Preservation  

 

43.    (300)  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. 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.

 

44.    (302)  The applicant must obtain a Tree Preservation Order Work Authority prior to the pruning or removal of any trees growing on site, located in neighbouring properties or trees located in adjacent reserves that overhang the site, including the cutting of any tree roots greater than 40mm in diameter.

 

45.    (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.

 

46.    (354)  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.

 

Bushland      

 

47.    (306) All materials brought onto the site must be weed free.

 

48.    (307a)  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.

 

49.    (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.

 

50.    (321)  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.

 

51.    (332)  During construction/landscaping the adjoining public bushland area must be kept clean of all building materials and rubbish.  Any rubbish that is blown into these areas must be immediately cleaned up.

 

Engineering   

 

52.    (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.

 

53.    (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.

 

54.    (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.

 

55.    (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.

 

56.    (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.

 

57.    (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.

 

58.    (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

59.    (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.

 

60.    (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

         Engineering Conditions to be Complied with Prior to Construction Certificate

 

61.    (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 AS 3500 and Part O of 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 Part O of 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 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.

 

62.    (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3,000 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.

 

Engineering Condition to be Complied with Prior to Commencement of Construction

 

63.    (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 shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be Complied with Prior to Occupation Certificate

 

64.    (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 approved drawings, the relevant Australian Standards and Part O of Council’s DCP-Stormwater Management.

 

Traffic

 

65.    A Construction Management Plan must be lodged with Council prior to the issue of a Construction Certificate. As per the requirements under Part R of Council’s DCP 2009, this plan is to address (but not necessarily be limited too) issues relating to the movement of construction vehicles to and from the site, safe access of construction vehicles and any conflict with other road users on Robertson Street.

 

66.    In order to ensure unimpeded vehicular access to neighbouring properties, the applicant is to submit a written request to Council’s Traffic Engineer at least six weeks prior to the issue of a Construction Certificate to change the existing ‘No Parking’ sign (opposite the subject site) to a ‘No Stopping’ sign.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plans

2 Pages

 

 

 


ATTACHMENT 1

Site Location Plan

 


ATTACHMENT 2

Neighbour Notification Plans

 



 

Independent Hearing and Assessment Panel Meeting 1 September 2015

S96-51 Northwood Road, Northwood

 

 

Subject:          S96-51 Northwood Road, Northwood    

Record No:     DA13/72-01 - 47892/15

Division:         Environmental Services Division

Author(s):       May Li 

 

 

Property:                       51 Northwood Road, Northwood

 

Section 96 No:              DA 72/2013B

 

Date Lodged:                8 July 2015

 

Cost of Work:                As original approved development ($565,000.00)

 

Owner:                          JMO Australia

 

Applicant:                      Buildworx DPS

c/- SJB Planning

 

                                                                                                                     

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 96 (S96) modifications to development consent DA 13/72 relating to the building design of the 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, 10a & 10b

STOP THE CLOCK USED

Yes – 2 days

NOTIFICATION

The S96 proposal was notified in accordance with Council’s notification policy between 15 July 2015 and 29 July 2015.  Refer to the attachment for the site location (AT1) and notification plans (AT2).

 

 

REASON FOR REFERRAL

 

The S96 application is referred to Lane Cove Independent Hearing and Assessment Panel (IHAP) for determination in view of the concerns raised by the adjoining neighbours.  The major concern is that the construction of the dwelling house is not being carried out in accordance with the original approved plans. 

 

Council commenced legal proceedings against the owner of the premises as a result of deliberate and continued unauthorised building works being carried out on the site.

 

Class 4 proceeding in the Land and Environment Court  commenced on 19 June 2015 and have been adjourned until 25 September 2015 pending the determination of this Section 96 application.

 

EXECUTIVE SUMMARY

 

Development DA 72/2013 for the construction of a 2 storey dwelling house, a carport and a swimming pool was granted conditional consent on 26 November 2013.  Refer to Attachment 3 and 4 for the consent and approved plans (AT-3 and AT-4).

 

This S96 proposal seeks consent to amend the building design of the dwelling house.  Refer to the Attachment 5 for the S96 plans (AT-5).

 

The S96 proposal would alter the height and the footprint of the original approved dwelling house and would result in the development exceeding the building height and FSR standards of Lane Cove Local Environmental Plan 2009 (LEP).  It would also increase the sizes of the rear terraces and planter boxes on the rear terraces over three levels. 

 

The majority of the proposed modifications were carried out prior to the lodgment of the S96 application.  The S96 application seeks consent to accept the building works despite action by Council.

 

12 adjoining and nearby neighbours lodged submissions objecting to the S96 proposal.  The concerns relating numerous and continued complaints by adjoining neighbours to the development are that the development being carried out is inconsistent with development consent.  The additional bulk created by the unauthorized building works has resulted in adverse impacts to the amenity of the adjoining residents. 

 

This S96 proposal would increase the building height and the FSR of the original approved development.  It would also intensify the over shadowing impact on the adjoining properties to the south and would create an adverse impact to the streetscape.

 

The S96 application is recommended for refusal.

 

SITE

 

The subject site is located on the western side of Northwood Road, between Arabella Street to the north and James Street to the south.

 

A dwelling house is currently under construction on the site. 

 

Surrounding developments comprise a combination of single and two storey dwelling houses. 

 

PROPOSAL

 

This S96 Modification application involves amendments to the building design of the dwelling house approved by DA 72/2013.  The proposed amendments are summarized as follows:

 

Lower Ground Level

·        Enlargement of the floor plan and increasing the sizes of the Bathroom, Laundry, Lounge, Bedroom No.2, No.3 and No.4;

·        Creating additional GFA by additional excavation into the undercroft area towards the front boundary;

·        Modification of the shape of the rear deck; and

·        Increase in the width of the outdoor stairs at the rear.

 

Ground Level

·        Increasing the size of the lounge area;

·        Amending the shape of the Study;

·        Modifying the shape of the rear terrace;

·        Extension of the planter box at the rear terrace;

·        Relocation of the kitchen window on the south elevation; and

·        Erection of an open pergola over the terrace to the northern side.

 

First Floor

·        Extension to the internal stair case to the rear by 1m;

·        Extension to the Bedroom 1 to the rear by 1m; and

·        Conversion of the roof over the dining and lounge area on the ground to a terrace at the rear centre by 4.6m x 3m.

 

Refer to the AT-4 for the proposed plans.

 

The comparison of the key elements between the original development consent (DA), the construction (CC) and the Section 96 (S96) is listed in the following table:

 

Provisions

DA

CC

S96

Comment

Building height 9.5m

9.2m with pitched roof

9.7m with a flat roof

10.7m (over the proposed pergola)

 

Does not comply

FSR 0.5:1

0.44:1

0.48:1

0.54:1

Does not comply

The lengths of slabs shown on Section A-A

Lower Ground Level: 13.6m (from Plant room to terrace)

 

 

 

Ground Level: 22.1m

(from the carport to rear terrace planter box)

 

First Floor: 12.9m (from the En-suite to roof of the dining)

16m

 

 

 

 

 

 

22.4m

 

 

 

 

 

 

14.1m

16.7m

 

 

 

 

 

 

24.1m

 

 

 

 

 

 

14.4m

Additional 3.1m to the DA, (2.4m towards to the front and 0.7m towards to the rear boundary)

 

Additional 2m to the rear boundary comparing with DA

 

 

 

 

Additional 1.5m to the rear boundary comparing with DA

The lengths of the slabs shown on Section B-B

Lower Ground Level: 11.6m (from the plant room to the stair wall)

 

Ground Level: 16m (from the study to planter box edge)

 

First Floor: 12.2m (from the WIR to the roof line over the Lounge

12.9m

 

 

 

 

 

16.3m

 

 

 

 

12.7m

16.8m

 

 

 

 

 

19.4m

 

 

 

 

14.2m

Additional 3.9m to the DA (towards to the front boundary)

 

 

 

Additional 3.1m to the rear comparing with DA

 

 

Additional 1.5m to the rear comparing with DA

 

 

It is noted that the Construction Certificate plans issued by the private certifier are considered inconsistent with the approved plans accompanying the development consent.   A formal complaint to the Building Professionals Board has been lodged by Council.

 

The S96 proposal would significantly increase the bulk and scale of the original approved building.

 

PREVIOUS APPROVALS/HISTORY

 

Development consent for the construction of a dwelling house, a carport and a swimming pool on the subject site was granted on 26 November 2013.  12 specific conditions were imposed to the development consent requiring design amendments to ensure the proposed development complied with the building height and FSR standards of the LEP, the provisions of the DCP and reducing the amenity impact to the adjoining properties.  Refer to Attachment 6 for a copy of the assessment report (AT-6).

 

A Construction Certificate was issued by a private certifier on 10 May 2014.  The approved Construction Certificate plans incorporated the amendments required by the conditions of consent.  There were inconsistence between the CC plans and the DA plans.  Refer to Attachment 7 for the CC plans (AT-7).

 

Lane Cove Council issued an Order under Section 121B of Environmental Planning and Assessment Act 1979 to the owner of the property on 17 July 2014 which specified the unauthorised building works being carried out on the site.  Refer to Attachment 8 for the Order (AT -8).

 

A Section 96 Modification application DA 72/2013A was lodged with Council on 5 August 2014.  Lane Cove Independent Hearing and Assessment Panel (IHAP) on 2 December 2014 considered and refused consent to the modification application for the following reasons:

 

1.         The changes are so extensive and numerous that the resulting development is not substantially the same as the original consent.

 

2.         The various changes have resulted in an overall rearward extension of the building of 6.6m on the lower ground level, 3.6m on the ground level and 0.6m on the first level, which in turn results in a significant and unacceptable adverse impact on the amenity of the adjoining properties – namely overshadowing, loss of privacy and loss of significant views.

 

3.         Exceedance of the maximum allowable Floor Space Ratio.

 

Council commenced a Class 4 proceeding in the Land and Environment Court on 19 June 2015.   The proceedings are adjourned until 25 September 2015 pending the determination of the current S96 application.

 


PROPOSAL DATA/POLICY COMPLIANCE

 

Site Area (550m2)

 

Local Environmental Plan 2009

 

Site Area (550m2)

 

Provision

Standard

Approved

S96 proposed

Comments

FSR

0.5:1

0.44:1

0.54:1

The original DA complied with the standard.  The S96 would increase the GFA and would result in the proposed development exceeding the standard.

Height of Building

9.5m

9.5m

10.7m

The S96 would increase the building height of the development and does not meet the LEP standard.

 

Note:

·        The gross floor area (GFA) in this S96 proposal is 294m2 which exceeds the maximum permissible GFA of 275m2 by 19m2.

 

·        The building height at the pergola on the ground floor is 10.7m which exceeds the maximum permissible building height of 1.2m.

 

Lane Cove Local Development Control Plan (DCP)

 

Provisions          

Requirement

Approved DA

S96 proposed

Comment

Front setback (min)

Consistent with area or 7.5m

4.6m

4.5m

Acceptable

Minor amendment  to the front setback of the development.

Secondary street setback (corner lots)

2m

N/A

N/A

N/A

Side setback (min)

1.2m for single storey

1.5m for 2 storey

1.5m for the car port and the house

As approved

Complies

Rear setback (min)

<1000m²: 8m or 25%

>1000m²: 10m or 35%

17.5m

16.8m

Complies

Wall Height (max)

 

 

 

 

 

 

 

 

 

 

 

Maximum parapet height

7.0m

 

 

 

 

 

 

 

 

 

 

 

0.6m

South side: 8.1m

 

 

 

 

 

 

 

 

 

 

 

N/A (Pitched roof proposed)

8.7m

 

 

 

 

 

 

 

 

 

 

 

0.3m

(Shown Section C-C)

The S96 proposal exceeds the wall height requirement.  The building has been extended to the rear and the wall height has been increased due to the falls of the site contour.

 

Complies

 

Maximum Ridge height

9.5m

9.2m

10.7m

(Shown on Section A-A)

The S96 does not meet the ridge height requirement.

 

Subfloor height (max)

1.5m

2.1m

2.8m

Does not comply

Number of Storeys (max)

2

Part 2 storeys + basement plant room

3 storeys

 

No.  The S96 would create a house containing 3 levels of habitable rooms.

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

35%

40%

As approved

Complies

Cut and Fill            (max)

1m

Fill: Nil

Cut: 0.9m

Fill: 1.5m

Cut: 1.5m

Does not comply

Does not comply

The S96 would involve additional excavation for the construction of the basement plant room and the additional GFA on the lower ground level.

Solar Access

3 hrs to north-facing windows between 9am -3pm on 21 June

The shadow of the proposed dwelling house will cast on the dwelling house at 53 Northwood Road from 9.0am to 3.0pm

Additional shadow of the proposed dwelling house  will cast on the rear garden areas of 53 and 55 Northwood Road from 9.0am to 3.0pm

The S96 proposal would further reduce the solar access to the adjoining properties to the south. 

Provide for view sharing

Required

All adjoining properties would have their views to Lane Cove River

All adjoining properties would have their views to Lane Cove River.  However, the privacy screens on the northern edges of terraces would reduce the view to Lane Cove River from 49 Northwood Road, Northwood

The S96 would reduce the view corridor to Lane Cove River from 49 Northwood Road. 

Deck/Balcony depth (max)

3m

3m

4.2m rear terrace on the Ground Level

The S96 does not comply with the provision by extending the rear terrace.

Private open space

24 m² (min)

4m minimum depth

Exceeds 24m2 with a width that  exceeds 4m

Rear garden area of 220m2 including swimming pool and decks

Complies

Basix

Required

Provided

As approved

Complies

 

Fences

 

Provisions

Requirement

Approved

S96 proposed

Complies

Front and side return fence (solid and open design) height (max)

Solid: 900mm

 

Lightweight: 1.2m

0.9m high fence with 300mm high base and 600mm high infill panel

Brick based with metal infill panel to a height of 1.2m

Yes

Piers width (max)

350mm

470mm

N/A

N/A

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

Entire fence- 1.0m setback from front boundary

N/A

N/A

N/A

Side and rear fences

1.8m

North:0.9m-1.8m

 

 

South: 0.9m

North: Not specified

 

South: 900mm solid fence to the southern boundary

No

 

 

Yes

 

Car Parking

 

Provision

Requirement

S96 proposed

Approved

Comment

Off-street spaces (min)

2

2

2

Yes

Driveway width

3m at the lot boundary

5.5m

5.3m

No

Acceptable for the access to the double carport located at the front of the property.

Driveway width (battle-axe lots) (min)

3m

N/A

N/A

N/A

 

 

Carports within the Front Setback & Garages Facing the Street

 

Provision

Requirement

Approved

S96 proposed

Comment

Setback of Carport Posts (min)

1m from street boundary

1m

As approved

Yes

% of Allotment Width (garages & carports)

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

6m

6m

Yes

 

Private Swimming Pools

 

The S96 proposal does not seek any amendments to the swimming pool as approved in the original consent. 

 

REFERRALS

 

Manager Urban Design and Assets

 

Council development engineer has reviewed the S96 proposal and raised no objections relating to the stormwater management of to the proposed amendments on the site and advised that the conditions in the original development remain unchanged. 

 

Building Surveyor

 

Council Senior Building Surveyor has reviewed that S96 amended plans and advised that the retaining wall built to the south eastern side of the site encroaches by 90mm into 53 Northwood Road, Northwood.

 

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

 

The subject site is located within R2 – Low Density Residential zone.  Dwelling houses are permissible within the zone.  The original development consent was granted for the construction of a two storey dwelling house with a plant room below and complied with the building height and FSR standards of the LEP.  The proposed amended building would be within the three storey portion and would exceed the building height and FSR standards of the LEP.

 

On the lower ground level, the original approved plant room was in a moderate size (23m2) for an air conditioner compressor, a pool pump motor and a 5000 L water tank.  The S96 proposes significant excavation to increase of the floor plan on the lower ground level.  The area of the lounge, bathroom, laundry and Bedroom 2, 3 and 4 has been increased.  The size of the plant room would also be increased to from 23m2 to 42m2.

 

On the ground floor, the length of the slab is extended to the rear boundary.  The width of the rear terrace would exceed the maximum 3m width requirement of the DCP.  The proposed pergola would also exceed the building height requirement of the LEP.

 

On the first floor an additional terrace is proposed towards the centre of the building.

 

In comparison to the original development consent, the S96 proposal would significantly increase the bulk and scale of the original approved building and would result in overshadowing to neighbours, unacceptable additions, bulk and scale, unwarranted fill and an over development of the site. 

 

The S96 amended proposal is considered not substantially the same development as that originally approved development and would no longer meet the zoning objectives of the LEP.

 

The S96 proposal does not meet the building height and FSR standards of the LEP or the merit objectives of the DCP.

 

Building Height

 

The maximum permissible building height for the site is 9.5m in accordance with Clause 4.3 of the LEP.

 

The proposed pergola on the rear ground floor terrace has a height of 10.7m and exceeds the building height standard by 1.2m.

 

FSR

 

The maximum permissible FSR for the site is 0.5:1 in accordance with Clause 4.4 of the LEP.

 

The S96 proposed development with a GFA of 294m2 would result in an FSR of 0.54:1.  The S96 proposal would exceed the FSR standard of the LEP.

 

The application seeks to justify the contravention of the maximum permitted FSR for the site for the following reasons:

 

·        Most of the additional GFA is located on the lower ground level in the subterranean areas.

 

·        The approved development overshadowed all northerly facing windows on the adjoining property south of the site, despite the proposal complying with all minimum setback requirements.

 

·        The additional overshadowing at 12 noon is to the steeply sloping landscaped area in the western corner of 53 Northwood Road rather than an area of principal private recreation space; and

 

·        Overshadowing of the landscaped area between the dwelling and pool of 53 Northwood Road would be reduced at 3pm.

 

Comment

 

The objective of the FSR control in the LEP is to ensure that the bulk and scale of the development is compatible with the character of the locality.  In the building design process, less GFA can be proposed on the upper level if more GFA is proposed on the lower level of the dwelling house.  The S96 modification would increase the GFA of the dwelling house over three levels by 19m2.  The design process seeks to undermine the LEP objective.  The bulk and scale of the development should be reduced to meet the LEP standard. 

 

The additional planter boxes and the amendments to the shape of the rear terraces would increase the length of the building.  The additional length to the rear terraces and the planter boxes may not increase the FSR of the development.  However, they would increase the bulk and scale of the building and create additional unacceptable overshadowing to adjoining dwelling house at 53 Northwood Road, Northwood.

 

The shadowing diagrams submitted with the S96 application indicate that the north facing windows of 53 Northwood Road would not receive any sun light between 9am and 3pm in mid winter.  The additional shadow due to the S96 amendments would further reduce the solar access to the rear garden of 53 and 55 Northwood Road and to the front garden area of 2 Holden Street, Northwood.

 

The justification for the exception to the FSR standard fails to consider resultant adverse impacts and the proposed exception to the development standard would, in these circumstances, create increased bulk and reduce existing amenity to adjoining properties.  The exception to the FSR standard of the LEP is not supported. 

 

Other Planning Instruments

 

N/A

 

APPLICABLE REGULATIONS

 

N/A

 

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

 

The compliance tables in the previous section of the report identify the non-compliances with the provisions of the LEP and the DCP.

 

The exceptions to the building height and FSR standards of the LEP have been discussed in the previous section of the report. 

 

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

 

The S96 proposal was notified in accordance with Council development notification policy between 15 July 2015 and 29 July 2015.  12 submissions were received in response to the notification of the development application.  The issues raised in the submission can be summarised as follows.

 

·          FSR exceeds the allowable 0.5:1

 

Comment

 

It is agreed that the FSR of the S96 proposal fails to meet the development standard of the LEP.  The variation to the LEP standard is not well found and not supported.

 

·          The proposed dwelling house exceeds 2 storeys.

 

Comment

 

Clause 1.7.1 of the DCP states a maximum of 2 storeys plus basement is permissible at any point above ground level.  The extension of the Bedroom 1 to the rear on the first floor level and the extension of Bedroom 4 on the lower floor level to the under croft plant room area would result in this section of the building being 3 storeys.

 

·          The bulk, height and scale are excessive

 

Comment

 

The S96 proposal would increase the bulk to the top level as the height and scale of the original approved development is being exceeded.  The additional length and building height would create additional shadowing and visual impacts to the neighbours to the south of the site.  It would also reduce the view corridors to Lane Cove River from 49 Northwood Road, Northwood. 

 

·          Shadowing

 

Comment

 

Clause 1.8.1 of Part C1 of the DCP states where adjacent dwellings and their open space already receive less than 2 hours of sun then new development should seek to maintain this solar access where practicable.  The original approved development results in all north facing windows of 53 Northwood Road not receiving any sun between 9am to 3pm.  The additional building length proposed by the S96 amendments would create additional shadow to the rear gardens of the 53 and 55 Northwood Road, Northwood.  It would further compromise the neighbour’s amenity and is not  supported. 

 

·          The S96 proposal would create additional over looking impact to the adjoining properties.

 

Comment

 

Privacy screens are proposed to the edges of the terraces on the north and south elevations to minimize over looking impacts to the adjoining properties.  However, the proposed privacy screens on the south elevation would create additional shadow on 53 and 55 Northwood Road, Northwood.  The proposal seeks to not only extend the building but also exacerbate overshadowing by providing screens to resolve the newly created privacy concerns.

 

·          The Section 96 application seeks consent for retrospective building works on the site.

 

Comment

 

Council is able to grant consent to S96 applications which involve retrospective building works if the proposed amendments comply with DCP standards and objectives.  The S96 proposal does not meet the aims of the LEP or the objectives of the DCP. 

·          The installation of the solar panels creates visual impact on streetscape

 

Comment

 

The installation of the solar panels on the roof of the dwelling house was neither included in the original consent nor the S96 proposal.  The solar system is visible from Northwood Road.  The installation of the solar panels does not meet the exempt development criteria which require the solar system to be integrated into the building or be flush or parallel with the surface of its roof (State Environmental Planning Policy (Infrastructures) 2007).  It increases the height of the approved building. 

 

All submissions were taken into consideration during the assessment process and the objections relating to the amenity impacts to the adjoining properties and the streetscape are supported. 

 


CONCLUSION

 

The matters in relation to Section 79C and Section 96 considerations of the Environmental Planning and Assessment Act 1979 have been satisfied. 

 

The S96 application seeks consent to modify the design of an approved dwelling house on the subject site.  The amended development would alter the nature of the original development as a two storey dwelling house with plant room below to a three storey dwelling house.  The additional plant boxes and the terraces would unacceptably increase the bulk and scale of the development.  The S96 proposal does not comply with the building height and FSR standards of the LEP and results in additional overshadowing and visual impacts to the surrounding dwelling houses. 

The written request for an exception to the FSR standard of the LEP fails to demonstrate that the proposal would achieve a better planning outcome.  Therefore, neither variation to the LEP controls is supported.

 

The amended design is not compatible with the existing building character of the area.  The S96 application is not supported and is recommended for refusal. 

 

RECOMMENDATION

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council refuses consent to the amendment to the development consent DA072/2013 granted on 26 November 2013 for the construction of a dwelling house, a carport and a swimming pool on Lot 12, DP 734705 and known as 51 Northwood Road, Northwood with the following reasons:-

1.           The changes would result in the development not being substantially the same as the original consent;

2.           The various changes would result in an unacceptable adverse impact on the amenity of the adjoining properties with regards to overshadowing, loss of privacy and loss views; and

3.           The various changes would result in the development exceeding the maximum permitted building height and floor space ratio for the site.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

AT‑2 View

Neighbour Notification Plans

3 Pages

AT‑3 View

Original Development Consent Dated 26 November 2013

13 Pages

AT‑4 View

Original Development Application Plans

18 Pages

AT‑5 View

Section 96 Plans

15 Pages

AT‑6 View

Copy of Report - Dated 2 December 2013

34 Pages

AT‑7 View

Construction Certificate plans

13 Pages

AT‑8 View

Stop Work Order Dated 17 July 2014

2 Pages

 

 


ATTACHMENT 1

Site Location Plan

 



ATTACHMENT 2

Neighbour Notification Plans

 




ATTACHMENT 3

Original Development Consent Dated 26 November 2013

 

 

 

26 November 2013

                                                                                       Our Ref:  AT:nb DA72/13

 


 

 

 

 

 

Dear Sir,

 

Notice of Determination of Development Application issued under the Environmental Planning and Assessment Act 1979, Section 81(1)(a)

 

Development Application No.  DA72/13

Address:  51 Northwood Road, Northwood

Proposed Development:  Construction of a dwelling house on four levels, a swimming pool and a front fence.

 

You are advised that the abovementioned development application has been approved by Council subject to the following conditions:

 

Plans 

 

1.       (20) That the development be strictly in accordance with drawing numbers:

 

·    12-597/1, 3, 5 - 8 and 13 - 20, dated February 2013, by Peter John O’Brien and Associates, and,

·    001948TM Issue A, dated 21.03.13, by Urban Landscape Planners Pty Ltd except as amended by the following conditions.

 

Specific

 

2.       In order to reduce its visual impact, the pitched roof of the dwelling house is to be replaced with a flat roof.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

3.       In order to reduce the potential to overlook the adjoining properties at 49 and 53 Northwood Road, the following privacy measures are to be implemented:

 

·    a privacy screen 1.7m high above the FFL is to be attached along the south side of the rear deck and both rear terraces; 

·    both kitchen windows and the dining room window on the south elevation, and the lounge window on the north elevation, are to have either attached vertical louvers angled towards Woodford Bay, or obscure glass up to 1.7m above the FFL of these rooms, or a high-level sill to this same height; and,

·    native screen planting with a height when planted equivalent to 1.7m above the FFL of bedroom 4 on the south elevation is to be provided in front of this window.

         

          PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

4.       In order to ensure that the side setback of the dwelling house complies with cl. 1.3.2 a) II of the DCP 2009, the privacy screen to the ground floor planter is to be setback 1.5m from the site’s north side boundary.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

5.       In order to reduce its visual impact on the adjoining neighbour, and to ensure compliance with cl. 1.3.2a) I of the DCP 2009, the carport slab is to be:

 

·    lowered by at least 250mm i.e. to an RL of not more than 49.93; 

·    setback a minimum of 1.2m from the site’s south side boundary, and the setback area landscaped with native species at a height when planted not less than the height of its reduced level; and,

·    the carport is to remain open in design with only a minimum height and clear-style safety balustrade permissible along its south side.

 

          PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

6.       In order to reduce its overall impact on both of the adjoining properties at 49 and 53 Northwood Road, and to ensure compliance with cl. 1.10.1g) of the DCP 2009, the swimming pool concourse:

 

·    is to be setback a minimum of 3.7m at its southwest corner and 2m at its northwest corner, and the remainder of the concourse is to link up to these respective corners or, alternatively, the swimming pool concourse is to be setback at a ratio of 1:1; and,

·    a privacy screen 1.7m high above the concourse level is to be attached along both ends.  

 

          PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

7.       In order to restrict  its entertainment potential and the potential adverse acoustic impact on adjoining properties, and thereby also ensure compliance with cl. 1.8.2c) of the DCP 2009, the useable depth of the rear ground floor level terrace is not to exceed 3m at any point.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

8.       In order to reduce its potential adverse impact on the adjoining neighbour at 53 Northwood Road, the return of the front boundary fence along the site’s south side boundary is not to exceed a height of 900mm above existing ground level at any point. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

9.       In order to reduce its overall impact on the adjoining neighbour at 53 Northwood Road, the  dwelling house undercroft is to be fully enclosed on its south side with brick, or masonry, and its external finish is to match that of the south elevation, and the side setback area landscaped to screen the width of this undercroft up to the level of the ground floor at the time of planting.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

10.     In order to reduce the overall impact on the adjoining neighbour at 53 Northwood Road, the rear lower ground floor level deck and ground floor level terrace are to be squared - off.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

11.     The use of the building, and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units), shall not give rise to an 'intrusive or offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the use of the building, and its plant and equipment, shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 minute noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

 

12.     In order to reduce its visual impact on all adjoining neighbours, all exposed sides of the swimming pool are to be fully enclosed with a concrete finish, and fully screened with new plantings. These requirements are to be shown on relevant plans submitted with a Construction Certificate.

 

General

 

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

 

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

 

15.     (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.

 

16.     (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 $5,000 OR CONSTRUCTION WORKS LESS THAN $20,000.

 

17.     (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house, swimming pool and front fence.

 

18.     (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.

         

19.     (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.

 

20.     (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.

 

21.     (48) 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.

 

22.     (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.

 

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

 

24.     (52) 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 Pools Act, 1992, and the Australian Standard AS1926.1 – 2007 Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

 

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

 

          ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

         

          The register can be found at www.swimmingpoolregister.nsw.gov.au.

 

25.     (53) The filter and pump 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.

 

26.     (54) 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".

 

27.     (60) 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.

 

28.     (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

29.     (62) All glazing is to comply with the requirements of AS 1288.

 

30.     (63) All metal deck roofs being of a ribbed metal profile or colorbond corrugated galvanised or zincalume iron, in a mid to dark colour range.

 

31.     (64) A check survey certificate is to be submitted at the completion of:

 

* each residential level;

* the roof framing; and

* 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.

 

32.     (65) 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.

 

33.     (67) 

 

(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:-

 

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

 

(2)      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.

 

(3)      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.

 

(4)      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.

 

34.     (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

          This requirement is satisfied by:-

 

(a)      Smoke alarms installed in—

          (i)       Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

          (ii)      in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b)      Smoke alarms complying with AS 3786.

(c)      Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)      any storey containing bedrooms—

          (i)       between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

          (ii)      where bedrooms are served by a hallway, in that hallway; and

(b)      any other storey not containing bedrooms.

 

35.     (70) Protection of the dwelling house against subterranean termites must be carried out in accordance with AS.3660.

 

36.     (72) The demolition works being confined within the boundaries of the site.

 

37.     (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

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

 

39.     (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item.

 

40.     (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

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

 

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

 

43.     (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

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

 

45.     (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.

 

46.     (137)  Lane Cove Council charges a fee for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

 

47.     (138) 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.

 

48.     (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.

 

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

 

50.     (143) Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services.

 

51.     (144) No excavation, other than that indicated in the approved plans, shall be carried out without receiving specific Council approval.

 

Landscaping

 

52.     (300)  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 for an individual and $3,000 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.

 

53.     (302)  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.

 

54.     (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.

 

Engineering

 

55.     (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.

 

56.     (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.

 

57.     (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.

 

58.     (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.

 

59.     (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.

 

 

60.     (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.

 

61.     (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’.

 

62.     (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.

 

63.     (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

64.     (W2) 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 Part O of Lane Cove Council’s DCP - Stormwater Management.

 

65.     (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

 

66.     (D1) Drainage Plans New: A stormwater drainage plan prepared and certified by a suitably qualified engineer is to be 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.

 

67.     (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties, including all Council infrastructures, located within 5m 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 Principal 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.

 

68.     (W1) 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.

 

69.     (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed carport shall be determined by Council.

 

70.     (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

 

71.     (T1) 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.

 

72.     (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $2,000 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.

 

73.     (C1) Erosion and Sediment Control Plan: 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 “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

 

74.     (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

 

75.     (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. 

 

The reason for Council’s consent being subject to the aforementioned conditions is to ensure that the proposal complies with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations thereunder and the Building Code of Australia and does not adversely affect the amenity of the area and/or the character of the neighbourhood.

 

This consent is to operate from 26 November 2013.

 

This consent is to lapse unless activated prior to 26 November 2018.

 

If you are dissatisfied with this determination you may:

 

(a)      apply to Council to review its decision under Section 82A of the Environmental Planning and Assessment Act 1979.  Such application must be made within six (6) months after the date on which you received this notice provided that an appeal under Section 97 of the Environmental Planning and Assessment Act, 1979 has not been made against this determination.

 

(b)      appeal to the Land and Environment Court against the determination under Section 97 of the Environmental Planning and Assessment Act 1979, such appeal must be lodged within six (6) months after this notice.

 

Council recommends that you discuss these options with the relevant Council officer before acting.

 

Section 97 of the Environmental Planning and Assessment Act 1979 does not apply in the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

 

Should you require any further information or assistance please do not hesitate to contact Council’s Town Planner, Andrew Thomas, by telephoning 9911 3649.

 

Yours faithfully,

 

 

 

 

May Li

ACTING MANAGER, DEVELOPMENT ASSESSMENT


ATTACHMENT 4

Original Development Application Plans

 



















ATTACHMENT 5

Section 96 Plans

 
















ATTACHMENT 6

Copy of Report - Dated 2 December 2013

 

Subject:          51 Northwood Road, Northwood    

Record No:     DA13/72-01 - 47324/13

Division:         Environmental Services Division

Author(s):       Andrew Thomas 

 

 


Property:                     51 Northwood Road, Northwood

 

DA No:                        72/13

 

Date Lodged:              10.5.13

 

Cost of Work:              $565,000

 

Owner: Jon Ormaechea at time of lodgement, and subsequently JMO (Australia) Pty Ltd 

 

Applicant:                    Jon Ormaechea

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of a dwelling house on 4 levels, a swimming pool and a front fence.

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 and 10b

STOP THE CLOCK USED

Yes: 3.6.13 – 7.6.13

NOTIFICATION

Neighbours                              45 - 55 and 62 - 68 Northwood Road; 1 and 2 Wyndara Place; 1, 2 and 2A Holden Street; and 6 and 8 Bayview Street.

Ward Councillors                     East

Progress Association              Northwood Action Group

Other Interest Groups             N/a

 

EXECUTIVE SUMMARY

 

·          The subject site is a vacant lot with an area of 550m2 and a fall of 13m.

·          Development on the site is constrained by a rock face 3.5m high that divides the site into two distinct sections. The dwelling house and an attached carport are proposed on the upper section close to the street, and a swimming pool is proposed on the lower section at the rear of the dwelling house.

·          Although the proposed dwelling house complies with the development standards for both height and FSR under the LEP 2009, the proposal overall has a number of non-compliances with the DCP 2009 e.g. in relation to wall and undercroft height, number of storeys, solar access and some side setbacks.

·          Some non-compliances can be addressed by draft conditions, and others reduced.

·          Three submissions have been received from neighbours, two of which are from adjoining neighbours. The proposal would have most impact on the adjoining property to the south of the site, at 53 Northwood Road (No.53). The owners of this property have made a number of submissions stating their concerns, and have engaged an architect who is critical of the applicant’s shadow plans and height interpretation.         

·          The applicant and the owners of No.53 have reviewed the latter’s concerns, and the applicant has agreed to address most of those of an incidental nature. These incidental concerns can be addressed by draft conditions without the need for revised plans. However concerns relating to non-compliances with wall height and solar access remain. 

·          The concerns of the other two neighbours can, in part, also be addressed by draft conditions. 

·          Despite the proposal’s non-compliances with the DCP, and notwithstanding the concerns of the owners’ of No.53, the proposal is recommended for approval as it is a reasonable development on a difficult site, and is similar to some neighbouring dwelling houses.     

 

SITE

 

The site is an irregular rectangle with a frontage of 15.7m to Northwood Road, side boundaries of 33.6m and 40.3m, an area of 550m2 and is vacant.

 

The site has a fall of 13m from its front to its rear boundary and is divided into two sections by a rock face 3.5m high. The upper section has a gradual fall of 3m over a distance of 19m to the top of the rock ledge; it has no trees and would appear to be mostly rock. The lower section is below the rock face and it has a fall of 6m over a distance of 17m to the site’s rear boundary; it includes a number of rock outcrops, and close to the rear boundary are some small-medium sized trees, bushes and ferns. Parallel too, and abutting the site’s rear boundary, is a drainage easement 1.5m wide.

 

The site is located on the west side of Northwood Road, opposite this street’s intersection with Upper Cliff Road. There is a dwelling house on each side of the site, and another along its rear boundary. Generally neighbouring dwelling houses are located close to the street frontage, and some have rear decks supported by steel frames that create high undercrofts. These decks provide a level passive area on sites that are steeply sloping, and views of Woodford Bay, the Lane Cove River and the CBD

 

The locality is residential with an eclectic mix of dwelling houses that vary in age, design, materials, height, bulk and scale that range from single to 3 storeys.  

 

PROPOSAL

 

The proposal seeks development consent for a dwelling house, an attached carport, a swimming pool and a front fence.  Details of the proposal follow.

 

Dwelling house

 

This would have 4 levels as follows:

 

·          a lower/pool deck level with a swimming pool at the rear, and a plant room within an undercroft located under the front half of the dwelling house for air conditioning and pool equipment and also a water tank

·          a lower ground floor level that would include 3 bedrooms, a lounge with an adjoining rear deck and exterior stairs to the pool below, and a bathroom and laundry

·          a ground floor level that would include an open plan kitchen, dining and lounge area, a separate study, a powder room, a rear terrace with a useable depth of between 3m and 3.9m, and an elevated recessed planter courtyard on the north side that would include an attached privacy screen 1.8m high setback 1m from this side boundary; this level would provide the main entry to the dwelling house and access to the proposed carport

·          an upper/first floor level  that would include a main bedroom with an ensuite and WIR, a living room, and a rear terrace that would be partly covered by a pergola.       

 

The dwelling house would be of full brick and brick veneer construction, and would include lightweight cladding and a slate tiled pitched roof. The front section of the upper level, and the front entry, would both have a flat metal roof. The entry roof would extend to within about 1m of the front boundary.

 

Carport

 

The proposed double carport would have a flat metal roof. It would be attached to the front of the dwelling house, and accessed by a replacement crossing from Northwood Road. Its slab level would be consistent with the level of the existing crossing, and would extend to the site’s south side boundary, and its rear corner would accommodate garbage and recycling bins.  

 

Swimming pool

 

The proposed concrete swimming pool would be located at the rear of the proposed dwelling house at the foot of the rock face on the lowest/pool deck level. Although most of the pool would cover a rock shelf, part of it would extend over the steeply sloping ground beyond. It would be accessed by a proposed set of exterior stairs that would link it to the lower ground floor level above. The pool would:

 

·          be 9m long

·          be between 2.1m and 3.6m wide

·          have a depth of 1.8m

·          have a capacity of just under 40,000 litres

 

Most of the pool coping would be close to the level of the existing rock shelf. By contrast, its timber concourse would have a variable height of between about 2m and 3.7m at its rear corners. Although the concourse would be setback 1.5m from the site’s southern side boundary, it would abut its  northern boundary.   

 

The rock face would be retained as a backdrop to the proposed pool.

 

Front fence

 

A fence is proposed along the front boundary that would:

 

·          be 900mm high

·          have a 300mm high brick base and a 600mm high powder-coated infill panel

·          have 900mm high brick piers 

   

The front fence would return along both sides of the front yard. By contrast both side returns are proposed in brick, and as each side would address the fall of the site, the return would have a height up to 1.8m along the north side and 2.7m along the south side.

  

PREVIOUS APPROVALS/HISTORY

 

The site is vacant and has no development history relevant to the proposal.

 

However by way of background to the current site circumstances, an elevated single storey dwelling house previously existed on the site. Part of this building was destroyed by fire in the last few years, and the remainder has been demolished.

 

A version of the proposal was the subject of a Pre – DA earlier in the year, and further comments (concerns) were provided to an initial revised design. Although a further revision was expected, the owner/applicant submitted this proposal.

 

PROPOSAL DATA/COMPLIANCE: LEP 2009 and DCP 2009

 

Site area: 550m²

 

Dwelling house

 

 

Proposed

LEP Standard*/ DCP provision

Complies

FSR* (max)

0.442:1

0.5:1

Yes

Overall height* (max)

9.473m

9.5m

Yes: and subject to draft condition 2 requiring a flat roof, overall height would be reduced.

Wall height (max)

North side: 7.6m

 

 

South side: 8.4m - 9.1m

7m

No, in part: however, whilst both side facades have sections above 7m, each section is minor.

Front setback (min)

Dwelling house: 4.592m

Covered entry: 1m 

Consistent with area or 7.5m

 

Yes: because the proposed dwelling house is behind the previous building line of 3.3m, and its proposed covered entry is an incidental item of no streetscape significance.

Side setback (min)

North: 1.5m, except for a cantilevered privacy screen that is setback 1m.

South: 1.5m, except for the carport slab that would have a nil setback.

 

 

 

 

Single storey: 1.2m

 

Two storeys: 1.5m

Yes subject to draft conditions 4 and 5 to ensure that the privacy screen and car -port slab are setback 1.5m and 1.2m respectively to ensure compliance.

Rear setback (min):

 

Average depth is 37m, and therefore 25% of this is 9.25m

 

 

 

Varies between 8.405m and 10.065m

 

 

<1000m²: 8m or 25%, whichever is the greater – the latter is the greater at 9.25m

 

 

Yes: although <1m2 of the swimming pool concourse is within the rear  setback line, draft condition 6 would ensure compliance.

Subfloor height (max)

2.6m

1m

No, in part, but reasonable

Number of storeys (max)

Part  2 and 3

2

No, in part, but reasonable

Landscaped area (min)

40%

35%

Yes

Cut and fill (max)

Dwelling house:

 

* cut  = 900mm

* fill = about 1.4m

 

 

1m

 

 

 

 

Yes

No, but reasonable subject to draft condition 5 that would lower the carport slab, and therefore fill, by 250mm

Solar access (min)

 

Less than 3 hrs to the only remaining north - facing (habitable) window, and a reasonable proportion of the recreational areas of the adjoining premises.

 

3 hrs to north - facing (habitable) windows, and a reasonable proportion of the recreational areas of adjoining premises between 9am and 3pm on June 21.

 

A reduction may be accepted for adjacent development if the topography and lot orientation is such that the 3 hour standard is unachievable.

 

No, but reasonable given the overall height, bulk and scale of the proposal; the significant fall and orientation of both the subject site and the adjoining site that would be affected by shadow; and, the shadow cast by the previous dwelling house on the subject site.

Deck/balcony depth (max)

Generally 3m except for the northern end of the rear ground floor level  terrace that has a depth of between 3.75m and 3.9m

3m

Yes, subject to draft condition 7 that would reduce the useable depth of the northern section of this terrace to 3m

Private open space (min)

Exceeded

 

Minimum depth = 3m

24m²

 

4m depth

Yes

 

No, but reasonable due to overall area

BASIX Certificate

Supplied

Required

Yes

 

Front fence

 

 

Proposed

DCP provision

Complies

Front and side return fence (max height)

Front boundary: 900mm, with a 300mm high base and a 600mm high infill panel.

 

Side returns:

 

North: 900mm – 1.8m

 

 

 

 

 

 

 

 

South: 900mm – 2.7m

900mm if solid, and 1.2m if part solid and predominantly see-through

 

 

 

Yes

 

 

 

 

 

 

 

No, but reasonable due to the fall of the front yard, and because it would face a detached garage on the adjoining site.

 

Yes, subject to draft condition 8  that would reduce overall height to 900mm to ensure compliance

 

Car parking and carport within the front setback

 

 

Proposed

DCP provision

Complies

Off-street spaces (min)

2

Yes

Driveway width

5.3m

3m at the kerb

No, but similar to existing (about 5.1m), and is reasonable to access the double carport.

Setback of posts (min)

1.05m – 3.56m

1m from street boundary

Yes

% of allotment width (15.675m)

  6m

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

Yes

Design criteria

All 4 design requirements satisfied

4 design criteria relating to:

* open design

* a non-trafficable roof

* open security gates

*setback of posts

Yes

 

 

 

 

Swimming pool

 

 

Proposed

DCP provision

Complies

Location

Behind the building line and generally on a rock ledge

Behind the front building line and not on elevated decks

Although its location complies, and part of its concourse would be elevated, draft condition 6 would increase part of both side setbacks to ensure compliance.

Setback to neighbour’s house (min)

>9m

3m to waterline

Yes

Setback to boundary (min)

North: 2.362m – 1.818m

South: 3.373m – 4.7m

1m to waterline

Yes

Height (max), and on steeply sloping sites (max)

 

 

 

North side: 2m (rear corner)

South side: 3.7m (rear corner)

1m

1.8m   

No, in part, although

draft condition 6 would  increase part of both side setbacks to ensure compliance.

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

North:  Nil

 

South: 1.5m

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

No, in part, although draft condition 6 would ensure compliance.

Setback from trees >5m in height (min)

Not an issue

3m

 -

Location of pool pump/ filter

Within an undercroft in the front half of the dwelling house.

As far as practical from neighbouring properties.

Yes, but also subject to draft condition 9 to ensure undercroft is enclosed on south facade.

 

REFERRALS

 

Development Engineer

 

Has confirmed that no OSD system is required as the site is within Council’s exclusion zone.

 

Recommends conditions that address stormwater, changes to the existing driveway and excavation, amongst others of a more general nature.

 

Senior Tree Assessment Officer

 

Has no objections to the proposal, and confirms that neither the site, nor neighbouring properties, contain trees that would be affected by the proposed works.

 

Recommends conditions that require the Landscape Plan submitted with the proposal to be included in the list of plans if the application is approved, amongst others of a more general nature. 

 

Lane Cove LOCAL Environmental Plan 2009 (the lep)

 

In relation to the LEP the proposal:

 

·          is permissible in the R2 zone with consent;

·          generally satisfies the relevant objectives of the R2 zone;

·          complies with its standards for height and FSR; and,

·          does not raise any issues in relation to the LEP itself.

 

The proposed development satisfies the relevant objectives for the R2 zone because:

 

·          it would maintain housing within the community;

·          it would partly retain existing residential amenity by reducing overlooking of the properties on either side of the site with the use of privacy screens and hi-level windows; and neighbour’s amenity can be further increased by draft conditions that would require further privacy screens and the treatment of some additional side windows; and other draft conditions that would reduce the visual impact of an elevated carport and overlooking from a partly elevated swimming pool;

·          the dwelling house would not be highly visible viewed from the Lane Cove River (Woodford Bay); and, 

·          it would enhance, as well as increase, landscaping on the site, including in the front yard where currently there is none.   

 

Environmental Planning and Assessment Regulation 2000 (the Regs)

 

The proposal involves the removal of concrete steps adjacent to the rock face that provide access between the site’s two sections. The Regs prescribe safety standards for demolition and compliance with AS 2601 – 2001. Draft condition 42 (79) is included to address this requirement.

 

SEPP 55: Remediation of Land

 

The subject site and adjoining sites are zoned residential. Given the types of use permissible within residential zones, it is unlikely that the subject site would be contaminated.

 

Deemed State Environmental Planning Policy Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (the SREP 2005)

 

(i) Aims and planning principles

 

The proposal would:

 

·          satisfy a relevant aim because it would not result in any adverse natural impacts; and,

·          satisfy a relevant planning principle because a 5,000 litre rainwater tank would reduce the quantity and frequency of stormwater run-off from the site whilst also conserving water.

 

 

 

(ii)  Matters for consideration

 

The proposal would satisfy the following relevant clauses.

 

(a) Clause 20 - General

 

The application has addressed the relevant matters.

 

(b)  Clause 21- Biodiversity, ecology and environment protection

 

The proposed dwelling house would have a similar visual impact viewed from the Lane Cove River (Woodford Bay) as a number of neighbouring dwelling houses.

 

A proposed 5,000 litre rainwater tank would reduce stormwater leaving the site from entering the Lane Cove River. Council’s Development Engineer has recommended draft conditions to address stormwater disposal that are included in the Recommendation to this report.

 

The submitted landscape plan proposes additional landscaping on the site whilst retaining most of the existing trees, bushes and shrubs in the rear yard, and this plan is recommended for approval.  

 

(c) Clause 25 - Foreshore and waterways scenic quality

 

The scale, form, design and siting of the proposal are reasonable having regard to:

 

·          the topography of the site with its two distinct sections; 

·          some neighbouring dwelling houses;

·          the locality which contains dwelling houses  with 2 and 3 storeys or levels; and,

·          the eclectic mix of dwelling houses in the area.

 

(d)  Clause 26 - Maintenance, protection and enhancement of views.

 

The proposal would have a negligible impact on the existing water views from the adjoining dwelling house on the north side of the site at 49 Northwood Road, and it would not affect the existing water views of any other neighbouring property on either side of Northwood Road, or in Wyndarra Place. Further, as the site does not allow for any head-on views of the Lane Cove River (Woodford Bay), the proposed dwelling house would not interfere with a public vista.  

 

DEVELOPMENT CONTROL PLANS

 

1.   The Foreshores and Waterways Area Development Control Plan 2005 (the DCP 2005)

 

Part 3 of the DCP 2005 addresses Landscape Assessment. The site is within an area of Sydney Harbour defined as Landscape Character Type 9 that are areas with natural foreshores interspersed with more developed areas. Development within this area should retain its natural features, and only development consistent with the scale, design and siting of that which exists is to be encouraged.

 

As the subject site is set back about 150m from the foreshore of Woodford Bay, and as the site has no significant trees, the proposal would not raise any issues in relation to the area’s landscape character type. The proposed dwelling house would occupy a similar footprint as the dwelling house that previously existed on the site; it would also be of a similar height, bulk and scale as some neighbouring dwelling houses; and, it would not result in any adverse cumulative impacts.

 

Part 5 of this DCP addresses Design Guidelines for Land – Based Developments. A review of the proposal in relation to the relevant clauses follows.

 

(i)   Clause 5.3: Siting Of Buildings And Structures

 

The proposal would satisfy the relevant criteria because the site does not provide a public vista, and the proposed dwelling house would not obstruct public views. 

 

(ii)  Clause 5.4: Built Form

 

The proposed dwelling house would generally be sympathetic to its surroundings, and its height, bulk and scale would be similar to the scale of some neighbouring dwelling houses.

 

Although under this Policy a flat roof is not usually preferred and a pitched roof is proposed, draft condition 2 requires the proposed dwelling house to have a flat roof so as to reduce its overall visual impact viewed from the street. Further, draft condition 30(63) is included to prevent roof glare.

 

The setback of the site from Woodford Bay, and the height, bulk and scale of the proposed dwelling house, would ensure that the proposed development would not have an adverse impact viewed from its foreshore. Its construction materials are consistent with some dwelling houses in the area, and it would not break the ridge line along this part of Northwood Road that is dominated by mature trees viewed from Woodford Bay.   

 

(iii) Clause 5.6: Planting

 

The submitted landscape plan confirms that the proposed landscaped area would exceed that required under the DCP 2009. Further, the landscape plan proposes trees in both the front and rear yards, and this plan is recommended for approval.

 

2.  The Lane Cove Development Control Plan 2009 (the DCP)

 

Part C.1 Objectives for dwelling houses

 

The proposal satisfies the objectives for dwelling houses under the DCP because:

 

·          it increases landscaping;

·          it addresses the site’s topography by locating most of the dwelling house on its front section and a swimming pool below a rock face, and it is compatible with some dwelling houses in the area; and,

·          its design achieves a reasonable level of amenity for its occupants and for all 3 adjoining neighbours because private open space areas are combined with the retention of existing screen planting that would be supplemented by planting along the site’s rear boundary, and privacy screens and window treatments would be supplemented by draft conditions that would further increase the privacy of both adjoining neighbours.

 

Non - compliances 

 

The preceding policy assessment tables identify those provisions that the proposal does not comply with. Each departure is discussed below.

 

1.         Dwelling house

 

(i)         Wall height

 

Although part of both side facades of the proposed dwelling house would exceed a height of 7m, this non-compliance is supported for the following reasons:

 

·          in relation to the relevant Building design objectives:

 

- it would be similar to the height, bulk and scale of some dwelling houses on the same side of Northwood Road and elsewhere in the area, and both its height and FSR comply with these  LEP standards; 

- although its front elevation is articulated and reasonably proportioned, draft condition 2 would require its pitched roof to be replaced by a flat roof so as to reduce its visual impact to the street; and,

-  in addition to measures included in its design that would reduce potential overlooking of the adjoining property on each side of the site, draft condition 3 would also require additional privacy screens and other windows to be treated to further reduce potential overlooking of both adjoining properties; in addition, light spillage should not be a significant issue, and loss of views is not an issue; and, overshadowing of the adjoining property at 53 Northwood Road is reasonable (see later comments under the sub-heading (v) Solar access); and also because,

·          the extent of the numerical departures are sections 3.5m wide and another 4.5m wide on its  south facade that have a wall height of 7m - 9.1m and 7m - 8.4m respectively, and a section 4m wide on its north facade that has a wall height of 7m -7.6m; as these sections affect a total area of about 7m2 on the former and about 1m2 on the latter, they are relatively minor in comparison to the overall extent of each facade;

·          its overall/ridge height complies with the height standard under the LEP (and would be reduced by draft condition 2); and,

·          in appearance, no part of either side elevation would exceed 3 storeys. 

 

(ii)   Storeys and sub - floor height

 

The proposal would exceed 2 storeys along part of both side elevations because of a sub  - floor level.

 

The 3rd storey created by the sub - floor on the north facade would have a maximum height of 1.7m and a width of 4.5m or about 30% of the facade, whilst on the south facade it would have a maximum height of 3.5m and a combined width of 8.5m or about 60% of the facade. However these inter-related non - compliances are supported for the following reasons:

 

·          for those same reasons stated under (i) Wall height above; and because,

·          the 3rd storey is due to the sub-floor level and no part of the dwelling house would have more than 2 residential storeys;

·          because of the fall of the site; and,

·          some neighbouring dwelling houses that address the fall of the site on this side of the street result in a similar sub - floor level.

 

(iii)   Side setback

 

Whilst the side setback to the exterior wall of the proposed dwelling house complies, the cantilevered privacy screen for an indented elevated ground floor level courtyard would only be setback 1m from the site’s north side boundary. In addition, the carport slab is proposed with a nil setback from the opposite side boundary.

 

Draft conditions 4 and 5 are included so that the setback of this screen and the carport slab are increased to 1.5m and to 1.2m respectively to ensure compliance. 

 

 

 

 

 

(iv)       Rear setback

 

The length of the site’s side boundaries differ and 25% of their average length would give a rear setback line of 9.25m. By contrast, 25% of each side boundary would give an angled rear setback line of 8.4m on the north side and 10m on the south side.

 

About 1m2 of the proposed timber swimming pool concourse would be within the rear setback line under the first approach, but would fully comply under the second.

 

Irrespective of the approach taken to calculate the rear setback line, as draft condition 6 would require the rear corner of the swimming pool concourse to be setback 2m from the north side boundary and 3.7m from the south side boundary or, alternatively, the concourse to be setback at a ratio of 1:1, the proposal would comply with either approach. 

     

(v)          Solar access

 

Although the only remaining habitable/bedroom window (the other window is a WIR) of the adjoining dwelling house at 53 Northwood Road  (No. 53) , and its recreational areas,  would not receive the minimum required solar access of 3 hours between 9am and 3pm on June 21, the non-compliance is supported because:

 

·          in relation to Amenity objectives, the solar access provided to this neighbouring dwelling house and to its recreational areas - including its attached rear balcony (that is under construction) and backyard swimming pool - would be reasonable based on the overall height, bulk and scale of the proposed dwelling house, and the constraints due to the subject site’s topography and the consequent additional shadow that this would cause; and because,

·          the topography and lot orientation of both the subject site and the adjoining site are such that to achieve the 3 hour solar access provision would result in a dwelling house lower in height and possibly smaller in both bulk and scale than the proposed dwelling house even though the proposal complies with both the height and FSR standards under the LEP;      

·          to reduce the overall height of the proposed dwelling house would require excavation that might destabilise the site’s main rock outcrop;

·          the bedroom window of No. 53 would receive slightly more sun than received because of the shadow cast by the previous dwelling house, and this bedroom has a front window that would provide morning sun; and,

·          it would be expected that the existing swimming pool in the rear yard of No. 53 would be overshadowed due to the additional fall in level between it and the dwelling house on the subject site: however, although the proposal would cast shadow over most of this pool for most of the day on June 21, it would be in almost full sun from about 1.30pm until 3pm; under the circumstances, this amount of solar access is reasonable; and, 

·          part of the existing deck was in shadow from the previous dwelling house all day on June 21, particularly up until lunchtime, whilst the approved elevated balcony that is under construction on the level above would be in full sun at 9am on this day, but in shadow for a substantial part of the remainder of this day.          

 

(vi)  Depth of deck

 

Although the proposed dwelling house includes an elevated rear deck or terrace on all 3 residential levels, only the depth of the northern section of the rear ground floor level terrace exceeds the maximum depth of 3m.

 

However draft condition 7 is included to ensure that its proposed useable depth is reduced to 3m.

 

 

 

(vii)  Private open space (POS)

 

Although the proposed dwelling house has a rear terrace off a major living area on two levels with an area of about or exceeding 24m2 , both terraces have a useable depth of less than 4m. Despite the non-compliance with the depth provision, both areas of POS are supported because:

 

·          in relation to Amenity objectives, both terraces would receive reasonable solar access; and, subject to draft conditions 3 and 7, would provide both reasonable visual and acoustic privacy to adjoining neighbours by minimising the overlooking under the former, and reducing the entertainment potential under the latter; and because,

·          as both terraces are elevated more than 1m above ground level, cl. 1.8.2c) of the DCP restricts the depth of each elevated terrace to 3m.

 

(viii)     Fill

 

About 45m3 of site material (mainly rock) is proposed to be excavated and relocated under the carport slab, resulting in fill with a maximum depth of about 1.4m. However, no objection is raised to this non-compliance because in relation to the objectives for fill:

 

·          no landscaping would be affected;

·          as a consequence of draft condition 5 that would require the carport slab to be lowered by 250mm, the depth of fill would be reduced to about 1.15m, or only marginally more than the maximum, and this fill would taper off to ground level towards the front of the carport slab;

·          it would allow the carport slab to be consistent with the level of the street which is an issue with only a short driveway length available to access the carport;

·          the potential impact on the amenity of the adjoining neighbour at 53 Northwood Road can be reduced by screen planting required under this same draft condition; and,

·          due to the extent of rock within the site, it would have minimal  impact on existing water run – off patterns.    

 

2.         Swimming pool

 

All of the proposed swimming pool concourse would abut the site’s north side boundary, and its rear southwest corner would not be setback as required from the site’s south side boundary. However, draft condition 6 is included to ensure that the concourse is setback from both side boundaries in accordance with the DCP 

 

3.         Car parking

 

No objection is raised to the non-compliance with the width of the proposed driveway because:

 

·          in relation to car parking objectives:

-           the proposal provides the required on-site parking for 2 cars;

-           the proposed attached double carport would be consistent with the proposed dwelling house and it would have a reasonable impact on the streetscape, and its front setback is consistent with the front setback of the garage of the previous dwelling house; and, because,

·          it would be similar to the width and position of the existing driveway crossing; and,

·          it is supported by Council’s Development Engineer.  

 

4.         Front  fence

 

The fence along the front boundary complies because its height does not exceed 900mm. By contrast, both of its side returns exceed the maximum 900mm height provision for a solid front fence.

 

In relation to the relevant objectives for fences, no objection is raised to the height of the return along the site’s north side boundary since this part of the fence would not have an adverse visual impact on the streetscape because:

 

·          the site falls away from the front boundary; and,

·          public views are not an issue; and because,

·          it would face the detached garage on the adjoining site at 49 Northwood Road.

 

By contrast, the owner of the adjoining property at 53 Northwood Road is concerned by the visual impact and height of the proposed return fence along the site’s southern side boundary. In response, the applicant has agreed to lower the height of this fence. Draft condition 8 requires this section of fence to be no higher than 900mm to ensure compliance, and to reduce its impact on this adjoining neighbour. 

 

 IMPACTS

 

The overall impact of the proposed development would be reasonable subject to draft conditions that would:

 

·          reduce the overall height of the proposed dwelling house (draft condition 2);

·          increase the side setback of a cantilevered privacy screen on the north side of the dwelling house, the carport slab on the opposite side, and part of both side setbacks of the swimming pool concourse (draft conditions 4, 5 and 6 respectively);

·          reduce overlooking from its rear deck and terraces, swimming pool concourse and some side windows (draft conditions 3, 6 and 10 respectively), and the entertainment potential of a rear terrace (draft condition 7); and,

·          reduce the visual impact of both the return of the front fence along the site’s south side boundary, and the undercroft to the proposed carport on this same side (draft conditions 8 and 9 respectively).

 

The proposal would not affect any trees on any neighbouring property. Most of the trees, shrubs and bushes in the rear yard are to be retained. In addition, the planting of additional trees is proposed in the rear yard.

 

With the finish and screening to the swimming pool required under draft condition 12, both its visual impact, and the overlooking potential from its concourse, viewed from the 2 storey dwelling house on the adjoining lot at the rear of the site at 2A Holden Street, would be reduced to reasonable levels.  

 

RESPONSE TO NOTIFICATION     

 

Three submissions were received in response to the notification of the development application from:  

 

·          the owners of the adjoining property on the site’s south side, at 53 Northwood Road (No. 53), and also from their architect;

·          the owners of the property at the rear of the site at 2A Holden Street (No. 2A); and,

·          the owners of 47 Northwood Road (No. 47), to the north of the site.

 

The owners of No. 53 have raised most of the concerns.

Concerns from No.47 include loss of view and the proposal’s effect on No. 53.

Concerns from No. 2A relate to matters that are addressed by draft conditions.

 

A summary and discussion of these concerns follows.

 

 

 

1.         Plans

 

Question the accuracy of:

 

·          the plans in relation to height and shadow, and

·          using photos (from Google) to estimate ridge heights, roof pitch and setbacks.

 

Comment

 

The applicant has submitted height measurements that are based on detailed contours of the site.

 

Earlier height and shadow assessments of the previous dwelling house using Google have been updated with details of its levels from a survey and this information was made available to this neighbour.

 

The photos from Google were included to illustrate the position and scale of both the previous dwelling house and its attached garage on the site relative to the adjoining dwelling house at No. 53 and Northwood Road itself.

 

The applicant’s Architect has confirmed that although the shadow plans are about 20 out, the length of shadow shown at all 3 times (9am, 12 noon and 3pm) is accurate. This error would have a marginal effect on the accuracy of the submitted shadow plans, and would not alter the significant shadow impact caused by the proposal on the adjoining property at No. 53.

 

Overall, the applicant’s submission is reasonable.    

 

2.         DCP

 

No. 53 will be affected by non-compliances with the DCP in relation to wall height and undercroft height and excessive fill, which in turn create excessive building bulk.

 

Comment

 

Whilst the overall impact of its wall height is reasonable because it affects a small area of each facade, and its FSR complies, the following draft conditions are included that would reduce the impact of some of the proposal:

 

·          the potential noise impact from the pool and air conditioning equipment located within the dwelling house undercroft (draft condition 9);

·          the adverse visual effect of the carport by lowering its slab level and consequently the amount of fill underneath it, increasing its side setback, and requiring landscaping along the site’s south side boundary to screen its undercroft (draft condition 5); and,

·          lowering the height of the return of the front fence along the site’s south side boundary (draft condition 8).

 

3.         Design

 

·          some aspects are contrary to the spirit of Council’s development guidelines

·          is unreasonable and inappropriate

·          is devoid of articulation on south elevation: the monolithic facade is more akin to a commercial or medium - density precinct

·          does not mitigate or lessen impact on neighbouring properties

·          would have a serious impact on the property and amenity of No. 53

·          would gravely impede, if not completely eliminate, visual and acoustic privacy, solar access and access to natural light to No. 53

·          as it does not address topography, bulk and height are not minimised; bulk is increased because floor levels are elevated; is excessively elevated; exceeds the prescribed maximum height of 1m for undercroft areas

·          dominates neighbouring buildings.

 

Comment

 

It is acknowleged that the proposal would affect the amenity of the adjoining property at 53 Northwood Road. Although the design includes window treatments and privacy screens that would reduce overlooking of this neighbour, draft conditions are also recommended that would supplement these measures so as to further reduce potential overlooking of this adjoining property and the entertainment potential of an elevated rear terrace.

 

The amenity of this same neighbour would also be affected because:

 

·          not only would the proposed carport slab extend to the site’s south boundary, but it would also be at about the same level as the sill height of its one remaining bedroom window facing the subject site; and,

·          the return of the front fence along this same boundary would create a wall about 2.7m high.

 

To reduce the visual impact of both of these structures, draft conditions are included requiring:

 

·          the carport slab to be lowered by 250mm, and setback a minimum of 1.2m from the side boundary, and the setback area landscaped so as to screen its undercroft (draft condition 5); and,

·          the return of the front fence on this side to be lowered to 900mm (draft condition 8). 

 

Draft conditions 5, 8, 9 and 11 are included that seek to reduce the overall impacts of the undercroft of the dwelling house and/or the carport on this adjoining neighbour.

 

Although the extent of overshadowing does not comply with the minimum DCP provision, the level is reasonable because:

 

·          of the significant fall of both the subject site and this adjoining site, and their east-west orientation;

·          of the constraint to development on the subject site due to the significant change in level between its front and rear sections caused by a 3.5m high rock face; and,

·          the proposed dwelling house complies with the development standards for height and FSR under the LEP, and it would also be consistent with the height, bulk and scale of some neighbouring dwelling houses.

 

Although the proposed dwelling house is elevated, this is in response to advice provided to the applicant about the potential instability of the site’s rock outcrop. Notwithstanding this, both the height and FSR of the proposed dwelling house comply with the respective LEP standards, and its height, bulk and scale are similar to some neighbouring dwelling houses. 

 

4.         Height

 

·          question height to street

·          partly 3 storeys

·          viewed from rear and south side would appear as 4 storeys.

 

 

 

 

Comment

 

Compared to each adjoining dwelling house on either side of the site, the ridge height of the proposed dwelling house would be about 2.8m above that of 53 Northwood Road, and about 2m above that of 49 Northwood Road. By contrast with the proposal, both of these adjoining dwelling houses are single storey to the street.

 

Although its overall height is not unreasonable compared to both adjoining dwelling houses and some neighbouring dwelling houses, and although it complies with the development standard under the LEP, draft condition 2 requires its pitched roof to be altered to a flat roof so as to reduce its visual impact viewed from the street. This draft condition would result in its ridge level being between about 500mm and 1.3m above the ridge height of these two adjoining dwelling houses. 

 

The ridge height of the previous dwelling house would have been about 3m below the proposed ridge height, although this height difference would be reduced by about half under draft condition 2.

 

The rear elevation includes 3 main residential levels and a swimming pool on the lowest/fourth level. However, the retention of the rock face behind the swimming pool creates a natural back drop to this lowest level. Viewed from both the south side and the rear the proposal would not exceed 3 residential levels and would generally appear to be 2-3 storeys and 3 storeys respectively.

 

5.         Overshadowing

 

·          overshadowing will have an enormous impact on the amenity of No. 53 Northwood Road (No.53)

·          shadow plans are erroneous in geometry and length of shadow; overshadowing of the dwelling house and private yard of No.53 is excessive as both would be in shadow all day; shadow plans do not correctly locate its existing private open space  – private open space associated with a living room is an existing timber deck and an adjoining paved area; shadow plans only address our existing dwelling house, and not the changes under a recent s.96 approval

·          shadow cast by previous dwelling house is irrelevant

·          applicant’s discussion focuses on shadow, but there are other important issues that need to be answered

·          seems onus is on us to substantiate developer’s non-compliances, or those we have raised; seems to place an unfair burden on us; no shadow calculations, only details of shadow projections provided; assume Council will be able to validate shadow issues.

 

Comment

 

The applicant’s architect has acknowleged an error in the shadow angle, although the 20 error relative to True North does not alter the overall shadow impact on this adjoining property.

 

Although the applicant’s Architect confirms that the length of shadow is correct, if the shadow length were increased this might extend shadow cast by the proposed dwelling house over other neighbouring sites and into Holden Street , but not significantly over more of the objector’s property at No.53.

 

Since the development application was submitted the applicant has submitted details of the levels and footprint of both the previous dwelling house and the proposed dwelling house and the shadow angles from both of these structures, and this information has been made available to this neighbour.

 

As the subject site has only recently become vacant, it is reasonable to assess the shadow cast by the previous dwelling house because this shows where solar access to the dwelling house at No.53, and its rear yard, might have changed.

 

The development application was submitted prior to works commencing under alterations and additions to No.53 that were approved in 2008 under D285/08, and under an amendment approved in March of this year. An assessment of the shadow that would be cast by the proposed dwelling house over these approved works which have now commenced indicates that:

 

·          about half of its rear yard would be in sun after 12 noon on June 21- previously this rear yard was only partly affected by shadow at 9am on June 21;

·          an elevated attached rear balcony that is under construction at its southern end would only be in sun at 9am on June 21, and in shadow for most of the rest of this day -  until recently this dwelling house had an attached deck at the level below and at its opposite northern end that was only partly in shadow during the morning on June 21; and,

·          although its only remaining north facing habitable/bedroom window would be overshadowed before 12 noon onwards on June 21, this would be less than the shadow cast by the previous dwelling house over this window, and this room also has an east facing window as an additional light source in the morning.

 

The objector, and the objector’s Architect, have criticised the applicant’s shadow plans but have not submitted detailed shadow plans that could be assessed by the applicant. In addition, the applicant has stated that his Architect is unwilling to discuss his shadow plans with the objector.

 

Overall, the extent of overshadowing over No.53 as a result of the proposed dwelling house is acceptable.

 

6.         Plant room area 

 

·          sections do not provide an accurate impression of the undercroft from the south side

·          location of, and noise from, a/c unit and pool pump/filter (within the undercroft) that would be within 2.1m of an existing bedroom of No.53 will present an unbearable acoustic problem at night and will require large ventilation openings, but the acoustic insulation of these is nearly impossible without installing commercial - type acoustic baffles which normally are not provided in domestic situations.

 

Comment

 

The applicant has provided two long sections, and a short section, through the proposed dwelling house. These sections are reasonable. In addition the submitted plans include a south elevation showing the facade of the dwelling house viewed from this objector’s property.

 

Draft condition 9 is included to ensure that the undercroft on the south side is enclosed so as to minimise noise from the pool and a/c equipment. In addition draft conditions 11, 25(53) and 32(65) are included to reduce noise impacts on neighbours and, if necessary, to allow for appropriate noise testing to be undertaken and for noise reduction measures to be implemented.

 

7.         Carport

 

·          impact of retaining wall 3m high associated with carport along south side boundary; No.53 is only setback 969mm from common boundary: will grossly impede natural light and ventilation to the bedrooms of No.53 and would eliminate any winter sun; disregards our amenity

·          exposed section of carport undercroft.

 

Comment

 

The only remaining bedroom window of No. 53 would receive more sun on June 21 compared to the shadow cast over this same window by the previous dwelling house.

 

The following draft conditions are included to address the concerns regarding the proposed carport:

 

·          draft condition 5 requires the carport slab to be lowered by 250mm, and to be setback a minimum of 1.2m from this side boundary, and for this setback area to include screen planting; and

·          draft condition 8 requires the height of the proposed return of the front fence along the site’s south side boundary to be lowered to 900mm.

 

Subject to these draft conditions, the proposed carport should not have the adverse impact suggested by the neighbour.

 

8.         Privacy: overlooking and noise

 

·          most windows on south elevation belong to rooms occupied for extended periods: dining/ living/kitchen windows would cause a total loss of visual privacy to 53 Northwood Road (No.53) including the dwelling house, its private open space and swimming pool; even the dining room proposes a large bay window with a seat enabling complete surveillance of No. 53

·          all 4 levels would have large open decks and terraces; the ground floor terrace would be within 1.9m of the south side boundary; large terraces would be able to accommodate a number of people who could overlook No.53 and who could be expected to generate serious acoustic problems; ground and first floor terraces exceed heights, and half of the ground floor terrace that serves a lounge exceeds a depth of 3m because it is designed as a roof over the level below.

 

Comment

 

The setback of the proposed dwelling house - including its dining room window - from the common boundary with No.53 complies with the DCP

 

Draft condition 3 is included to reduce potential overlooking of this same adjoining property from some side windows - including the dining room window - and the attached rear deck and terraces.

 

Viewed from both sides the height of the attached rear deck, and both attached rear terraces viewed from the north side, are below the maximum wall height of 7m under the DCP. Viewed from the south side both attached rear terraces have a height of about 8m, which although marginally exceeding the DCP wall height, is well within the LEP height standard.

 

Draft condition 7 requires the useable depth of the north section of the rear ground floor level terrace to be reduced from between 3.75m and 3.9m to 3m so as to comply with the DCP and so reduce its entertainment potential.   

 

Draft condition 10 requires the rear deck and both terraces to be squared - off so as to reduce their overall impact on No.53.

 

9.         General   

 

·          setback of pool from south side boundary 

·          view loss

·          retain ferns and mature plants along rear boundary, and ensure there is appropriate screening and landscaping viewed from the rear 

·          driveway may impinge on existing bus stop; if this needs to be relocated, it would have an enormous environmental impact on other houses in the street

·          avoid further severe overflow that has occurred from the vacant site

·          appropriate sediment control measures required, and maintained, throughout the construction period

·          ensure exposed side of the swimming pool has an appropriate external finish

·          ensue pool filter is not located near the rear boundary

·          ensure air conditioning equipment does not cause noise or visual issues.

 

Comments

 

Due to the sudden fall of the site a relatively small portion of the both rear corners of the swimming pool concourse would not be setback as required. Draft condition 6 is included to address this non - compliance and the nil setback of the pool concourse from the site’s north side boundary. 

 

The potential impact on view loss has been assessed from properties on both sides of Northwood Road and in Wyndarra Place. Although there would be a minor reduction of the existing water view from a side window in the adjoining dwelling house at 49 Northwood Road to the north of the site, view loss is not an issue in relation to this proposal.

 

The majority of the screen plants close to and along the rear boundary, including some ferns, are shown to be retained and would be supplemented with ferns and trees shown on the landscape plan. Council’s Senior Tree Assessment Officer does not have concerns with the proposal, and has recommended that the landscape plan is approved and this is addressed under draft condition 1.

 

Council’s Manager Traffic and Transport confirms that the State Transit Authority has advised that the proposed driveway would have little impact on the bus stop located in front of the north east corner of the site due to the infrequency of the bus service.

 

Council’s Development Engineer has recommended draft conditions to address stormwater disposal from the developed site, and sediment and erosion control measures, to ensure that there should be no adverse effect on any adjoining property.

 

Draft condition 12 is included to ensure that the exposed sides of the swimming pool are enclosed and screened. 

 

Both the swimming pool filter and air conditioning equipment are proposed within an undercroft under the centre of the dwelling house. Draft condition 9 requires the undercroft to be fully enclosed on its south side, and draft condition 11 would address any adverse noise issues associated with this, or any other equipment.

 

A number of draft conditions would address some of these general concerns, whilst other general concerns should not give rise to significant adverse effects.  

 

Objector’s requests

 

The owners of 53 Northwood Road:

 

·          have stated that “Council could be seen to be aguing the developer’s case without substantiating the issues”; and,

·          are concerned that Council are “…looking at solutions that work around the non - compliant issues…..rather than making changes to the design to overcome any current shortcomingse.g. instead of requesting if the proposed carport could be lowered, the applicant should be told to reduce its slab level.

 

If the proposal is not redesigned to address their fundamental concerns regarding non- compliances with the DCP that would require wall and undercroft heights, bulk, overlooking and overshadowing all to be reduced, these owners require certain changes. In summary their concerns, and minimum acceptable alternatives, are set out below:

 

(i)  Design

 

·          should take better advantage of topography by adopting a cascade design that minimises fill and wall heights, increases the setback of side walls and reduces building height and bulk;  

·          should lower the rear section so this complies with undercroft and wall heights;

·          should lower roof levels.

 

Comment

 

The proposed design is reasonable due to the constraints imposed on new development by the site’s two distinct sections caused by a 3.5m high rock face. The setback of the external walls of the dwelling house comply with the DCP, and its overall height and scale comply with the respective LEP standards for height and FSR. Although some sections along both side facades exceed the allowable wall height under the DCP, these non-compliances are reasonable as the area affected on each facade is relatively minor.

 

Although it would have a ridge height of 7.2m above footpath level and below the LEP standard, the applicant has agreed to a condition requiring a flat roof (draft condition 2). This would reduce its overall height by up to 1.5m and its visual impact to the street, and marginally reduce overshadowing of No. 53.

 

(ii)  Overshadowing

 

·          applicant should submit accurate and comprehensive shadow diagrams;

·          should provide reasonable solar access;

·          trees planted at the front of the site should allow light and sun. 

 

Comment

 

Notwithstanding that the applicant’s architect has confirmed the slight error in the shadow angle, the information used by the applicant to produce the shadow plans is comprehensive and detailed and this has been made available to this neighbour.

 

Based on the overall height, bulk and scale of the proposed dwelling house, coupled with the site’s constraints and the fall and orientation of both the subject site and the adjoining site at 53 Northwood Road, the solar access that would be available to this adjoining neighbour is reasonable.

 

The 2 trees shown on the landscape plan that are proposed in each of the front corners of the site, are native species consistent with the DCP, and this plan is recommended for approval. 

 

(iii)   Privacy

 

·          either all windows that interface with No.53 should be deleted, or converted to highlight windows with a sill height of 1.7m; or, vertical privacy louvres installed that are angled towards the Bay (i.e. Woodford Bay) over the dining/living/kitchen windows, and the window of bedroom 4 screened with soft planting; 

·          all balconies/terraces should be set further back from the southern boundary and include full height solid privacy screens;

·          as a roof terrace is not permitted under the DCP, its depth should be restricted to the maximum of 3m.

 

Comment

 

Although the side setback of the attached rear deck and attached rear terraces comply, draft conditions 3 and 7 are included so as to reduce potential overlooking from these areas and some side windows and provide some screen planting, and to reduce the depth of the rear ground floor level terrace so as to restrict its entertainment potential, respectively.

 

 (iv)  Plant room area

 

·          to ensure that it would have no impact on residences, either relocate the proposed plant room under the centre of the swimming pool deck; or, brick up the opening on the south facade, and relocate plant room under the dwelling house toward its northern side and ventilate from that side.

 

Comment

 

Draft condition 9 requires the undercroft on the south side of the proposed dwelling house to be bricked in to address this concern, but it does not require this equipment to be relocated to the opposite side of the undercroft as this request has not been notified to, and because it might have an adverse effect on, the adjoining owner (and tenant) of 49 Northwood Road.

 

(v)   South boundary

 

·          no brick wall along southern boundary; if a fence is required it should be no higher than 900mm and stepped to address natural ground level to enable natural light and ventilation to our existing bedrooms and to allow winter sun;

·          no 1.8m high paling boundary fence behind the building line with 53 Northwood Road (No. 53).

 

Comment

 

Draft condition 8 imposes a height restriction of 900mm on the return of the front fence along the site’s south side boundary. By contrast, the applicant is entitled to erect a lightweight fence behind the building line up to 1.8m high without approval.

 

Due to the construction of the alterations and additions that were approved under D285/08, and the subsequent approval of an amendment to this consent, there is now only one habitable/bedroom window remaining on the north side of the dwelling house at No. 53.

 

Applicant’s concerns

 

The two main concerns of the applicant are:

 

·          based on geotechnical advise, if the outcrop is excavated/broken where the dwelling house is proposed, this would cause vibration and movement which would destabilise the rock overhang/outcrop and create a dangerous situation for both the proposed dwelling house and the adjoining dwelling house at 2A Holden Street at the rear of the site; and,

·          if the proposed carport slab is lowered more than 250mm, it would exceed the maximum driveway gradient of 1:4.  

 

Comment

 

Although the applicant has not submitted geotechnical advice, it is likely that interference with the rock face could affect its stability and that this might affect adjoining owners.

 

Applicant’s agreement

 

The applicant has agreed to the following draft conditions so as to reduce the proposal’s impact on 53 Northwood Road:

 

·          brick in the undercroft, and relocate the air conditioning and swimming pool plant/equipment to the opposite (north) side: draft condition 9 only requires the former to occur;

·          stagger the fence along the site’s south side boundary: draft condition 8 restricts its height to 900mm;

·          lower the carport slab by 250mm : see draft condition 5 - this also requires its side setback to be increased, and its undercroft to be screened;

·          a condition that would treat windows and the deck and terraces on the south side : see draft condition 3;

·          comply with the additional side setbacks of the swimming pool concourse : see draft condition 6; and,

·          square-off the attached rear deck and a terrace so these are not angled to face the living and private open space areas of No.53: see draft condition 10 - but has not agreed to increase their side setback from the southern boundary. In relation to this last request no draft condition is included to increase the side setback because these comply.

 

Comment

 

Despite the applicant’s agreement to address these issues, in some instances the agreed measure is supplemented e.g. as in draft condition 5 that also requires the side setback of the carport slab to be increased and its undercroft to be screened.  

 

By contrast the neighbour’s request, and applicant’s agreement, to enclose the undercroft in the centre of the dwelling house on its south side is subject to draft condition 9. Although this draft condition does not require the equipment to be relocated to the opposite/north side of the undercroft, draft conditions 11, 25(53) and 32(65) are included to address potential adverse noise impacts on any property owner from this equipment.  

 

Other draft conditions are included to address other concerns e.g. the useable depth of an elevated rear terrace (draft condition 7).       

 

CONCLUSION

 

The proposal does not raise any major concerns with any environmental planning instrument and generally satisfies the relevant objectives for:

 

·          dwelling houses in the R2 zone under the LEP 2009;and,

·          the Aims and planning principles and Matters for consideration under the SREP 2005;

·          land - based development under the DCP 2005 that accompanies this Deemed SEPP; and,

·          dwelling houses under the DCP 2009.  

 

Of the three submissions received to the proposal the concerns of:

 

·          the owner of the adjoining property at the rear of the site can be addressed by draft condition 12 and some of the draft conditions recommended by Council’s Development Engineer, and approval of the applicant’s landscape plan recommended by Council’s Senior Tree Assessment Officer;

·          a neighbour that focus upon the proposal’s impact on an adjoining neighbour, can similarly be addressed by draft conditions that are included under the sub - heading Specific in the Recommendation to this report; and,

·          the owner of the adjoining property on the south side of the site at 53 Northwood Road can, in some instances, also be reduced by draft conditions under this same sub - heading.

 

The current proposal is reasonable because:

 

·          the area suitable for a dwelling house and swimming pool has largely been determined by the site’s topography with its two distinct sections;

·          some weight has been given to the impacts of the previous dwelling house on the adjoining property at 53 Northwood Road;

·          draft conditions would reduce overlooking of, and the visual impact from, the adjoining property at 53 Northwood Road ; and,

·          viewed from the rear, it would have a similar appearance as some neighbouring dwelling houses.

 

Matters in relation to s.79C considerations have been satisfied.

 

Overall the proposal is a reasonable development on a site where its topography adds to its potential adverse impact on the adjoining property at 53 Northwood Road. However, draft conditions are included under the sub-heading Specific in the Recommendation to this report that would reduce this impact to a reasonable level. Subject to the inclusion of these draft conditions, the development application is recommended for approval.

 

 


 

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 72/13 for the construction of a dwelling house on 4 levels, a swimming pool and a front fence on Lot 12 DP 734705 and known as 51 Northwood Road, Northwood subject to the following conditions:

 

Plans 

 

1.         (20) That the development be strictly in accordance with drawing numbers:

 

·    12-597/1, 3, 5 - 8 and 13 - 20, dated February 2013, by Peter John O’Brien and Associates, and,

·    001948TM Issue A, dated 21.03.13, by Urban Landscape Planners Pty Ltd except as amended by the following conditions.

 

Specific

 

2.      In order to reduce its visual impact, the pitched roof of the dwelling house is to be replaced with a flat roof. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

3.      In order to reduce the potential to overlook the adjoining properties at 49 and 53 Northwood Road, the following privacy measures are to be implemented:

 

·    a privacy screen 1.7m high above the FFL is to be attached along the south side of the rear deck and both rear terraces; 

·    both kitchen windows and the dining room window on the south elevation, and the lounge window on the north elevation, are to have either attached vertical louvers angled towards Woodford Bay, or obscure glass up to 1.7m above the FFL of these rooms, or a high-level sill to this same height; and,

·    native screen planting with a height when planted equivalent to 1.7m above the FFL of bedroom 4 on the south elevation is to be provided in front of this window.

           

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

4.      In order to ensure that the side setback of the dwelling house complies with cl. 1.3.2 a) II of the DCP 2009, the privacy screen to the ground floor planter is to be setback 1.5m from the site’s north side boundary. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

5.      In order to reduce its visual impact on the adjoining neighbour, and to ensure compliance with cl. 1.3.2a) I of the DCP 2009, the carport slab is to be:

 

·    lowered by at least 250mm i.e. to an RL of not more than 49.93; 

·    setback a minimum of 1.2m from the site’s south side boundary, and the setback area landscaped with native species at a height when planted not less than the height of its reduced level; and,

·    the carport is to remain open in design with only a minimum height and clear-style safety balustrade permissible along its south side.

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

6.      In order to reduce its overall impact on both of the adjoining properties at 49 and 53 Northwood Road, and to ensure compliance with cl. 1.10.1g) of the DCP 2009, the swimming pool concourse:

 

·    is to be setback a minimum of 3.7m at its southwest corner and 2m at its northwest corner, and the remainder of the concourse is to link up to these respective corners or, alternatively, the swimming pool concourse is to be setback at a ratio of 1:1; and,

·    a privacy screen 1.7m high above the concourse level is to be attached along both ends.  

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

7.      In order to restrict  its entertainment potential and the potential adverse acoustic impact on adjoining properties, and thereby also ensure compliance with cl. 1.8.2c) of the DCP 2009, the useable depth of the rear ground floor level terrace is not to exceed 3m at any point. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

8.      In order to reduce its potential adverse impact on the adjoining neighbour at 53 Northwood Road, the return of the front boundary fence along the site’s south side boundary is not to exceed a height of 900mm above existing ground level at any point. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

9.      In order to reduce its overall impact on the adjoining neighbour at 53 Northwood Road, the  dwelling house undercroft is to be fully enclosed on its south side with brick, or masonry, and its external finish is to match that of the south elevation, and the side setback area landscaped to screen the width of this undercroft up to the level of the ground floor at the time of planting. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

10.    In order to reduce the overall impact on the adjoining neighbour at 53 Northwood Road, the rear lower ground floor level deck and ground floor level terrace are to be squared - off. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

11.    The use of the building, and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units), shall not give rise to an 'intrusive or offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the use of the building, and its plant and equipment, shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 minute noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

 

12.    In order to reduce its visual impact on all adjoining neighbours, all exposed sides of the swimming pool are to be fully enclosed with a concrete finish, and fully screened with new plantings. These requirements are to be shown on relevant plans submitted with a Construction Certificate.        

 

General

 

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

 

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

 

15.       (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.

 

16.       (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 $5,000 OR CONSTRUCTION WORKS LESS THAN $20,000.

 

17.       (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house, swimming pool and front fence.

 

18.       (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.

           

19.       (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.

 

20.       (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.

 

21.       (48) 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.

 

22.       (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.

 

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

 

24.       (52) 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 Pools Act, 1992, and the Australian Standard AS1926.1 – 2007 Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

 

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

 

            ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

           

            The register can be found at www.swimmingpoolregister.nsw.gov.au.

 

25.       (53) The filter and pump 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.

 

26.       (54) 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".

 

27.       (60) 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.

 

28.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

29.       (62) All glazing is to comply with the requirements of AS 1288.

 

30.       (63) All metal deck roofs being of a ribbed metal profile or colorbond corrugated      galvanised or zincalume iron, in a mid to dark colour range.

 

31.       (64) A check survey certificate is to be submitted at the completion of:

 

* each residential level;

* the roof framing; and

* 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.

 

32.       (65) 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.

 

 

 

33.       (67) 

 

(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:-

 

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

 

(2)        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.

 

(3)        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.

 

(4)        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.

 

34.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

            (ii)        in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

 

35.       (70) Protection of the dwelling house against subterranean termites must be carried out in accordance with AS.3660.

 

36.       (72) The demolition works being confined within the boundaries of the site.

 

37.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

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

 

39.       (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item.

 

40.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

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

 

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

 

43.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

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

 

45.       (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.

 

46.       (137)  Lane Cove Council charges a fee for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

 

47.       (138) 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.

 

48.       (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.

 

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

 

50.       (143) Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services.

 

51.       (144) No excavation, other than that indicated in the approved plans, shall be carried out without receiving specific Council approval.

 

Landscaping

 

52.    (300)  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 for an individual and $3,000 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.

 

53.    (302)  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.

 

54.    (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.

 

Engineering

55.    (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.

 

56.    (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.

 

57.    (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.

 

58.    (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.

 

59.    (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.

 

 

60.    (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.

 

61.    (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’.

 

62.    (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.

 

63.    (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

64.    (W2) 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 Part O of Lane Cove Council’s DCP - Stormwater Management.

 

65.    (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

 

66.    (D1) Drainage Plans New: A stormwater drainage plan prepared and certified by a suitably qualified engineer is to be 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.

 

67.    (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties, including all Council infrastructures, located within 5m 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 Principal 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.

68.       (W1) 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.

 

69.    (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed carport shall be determined by Council.

 

70.    (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

 

71.    (T1) 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.

 

72.    (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $2,000 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.

 

73.    (C1) Erosion and Sediment Control Plan: 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 “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

 

74.    (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

 

75.    (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. 

 

 


 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 


 

ATTACHMENTS:

There are no supporting documents for this report.


ATTACHMENT 7

Construction Certificate plans

 














ATTACHMENT 8

Stop Work Order Dated 17 July 2014

 

ANNEXURE

 

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

 

SECTION 121B

 

ORDER

TO:   JMO (Australia) Pty Ltd

          20 Comerty Place

          GLENHAVEN NSW 2156

 

PREMISES/LAND:  Lot 12 ,  DP 734705, No. 51 Northwood Road Northwood

 

DATE: 17 July 2014

 

TAKE NOTICE that LANE COVE COUNCIL (“Council”) gives to you an Order in terms of order No.19 in the Table to section 121B of the Environmental Planning and Assessment Act 1979 in the terms set out below on the GROUNDS that building work is being carried out in contravention of the Environmental Planning and Assessment Act 1979.

 

SCHEDULE OF WORKS (WORKS REQUIRED TO BE CARRIED OUT)

 

1.  Stop all building work on the site immediately.

 

TIME PERIOD FOR COMPLIANCE WITH ORDER

 

You are directed to carry out the schedule of works set out above within a period of Two (2) days  from the date of this Order.

 

REASONS FOR ORDER

 

1.  Building work is being carried out on site contrary to development consent

     DA72/2013. The unauthorised building work is but not limited to the

     following:

 

·    extension of bedroom 4 into the plantroom.

·    changes to various windows configurations including the addition of 

     windows.

·    extensions of rear balconies.

·    extension of bath and laundry to the east of the property.

·    increase in width of rear stairs.

·    increase in floor area of various rooms.

·    changes to internal configurations.

·    inconsistencies between development consent and construction

     certificate approved plans.

·    height of front fence

·    height of front fence return on southern side.

    

 

2.  The building work being carried out on site has not been assessed under

     the Environmental Planning and Assessment Act 1979.

3.  The above situation is not in the public interest.

 

OFFENCE

 

It is an offence against the Environmental Planning and Assessment Act 1979 not to comply with this order: see section 125 of the Environmental Planning and Assessment Act 1979.

 

PENALTY

 

The maximum penalty for non-compliance with this order is $1,100,000.00 with a further daily penalty not exceeding $110,000.00: see section 126 of the Environmental Planning and Assessment Act 1979.

 

EXECUTION OF ORDER BY COUNCIL

 

If you fail to comply with the terms of this order Council may do all such things as are necessary or convenient to give effect to the terms of this order, including the carrying out of any work required by the order, and may, among other things, recover from you the costs incurred by Council in so doing: see section 121ZJ of the Environmental Planning and Assessment Act 1979.

 

RIGHT OF APPEAL AGAINST ORDER

 

If you wish to appeal against this order you must appeal to the Land and Environment Court, Level 4, 225 Macquarie Street, Sydney NSW 2000, within 28 days after the service of this order on you: see section 121ZK of the Environmental Planning and Assessment Act 1979.

 

ORDERS THAT MAKE OR ARE LIKELY TO MAKE RESIDENTS HOMELESS

If this order will or is likely to have the effect of making a resident homeless you must advise Council whether you are able to arrange satisfactory alternative accommodation or whether you wish to seek Council’s advice in arranging alternative accommodation in the locality: see section 121G of the Environmental Planning and Assessment Act 1979.

 

Should you require any further information in relation to this matter please contact Matthew Woodgate telephoning (02) 9911 3609.

 

 

 

 

Michael Mason

EXECUTIVE MANAGER, ENVIRONMENTAL SERVICES