m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

Independent Hearing and Assessment Panel Meeting

3 November 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 3 November 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 3 November 2015

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

1.      INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 13 OCTOBER 2015

 

Independent Hearing and Assessment Panel Reports

 

2.      1-5 Little Street, Lane Cove

 

3.      52B Cliff Road, Northwood

 

4.      2 Birriwa Place, Northwood  

 

 

 

 

 


 

Independent Hearing and Assessment Panel Meeting 3 November 2015

1-5 Little Street, Lane Cove

 

 

Subject:          1-5 Little Street, Lane Cove    

Record No:     DA15/144-01 - 64207/15

Division:         Environmental Services Division

Author(s):       May Li 

 

 

 

Property:

1-5 Little Street, Lane Cove

DA No:

DA 144/2015

Date Lodged:

18/9/2015

Cost of Work:

$900,000.00

Owner:

Lane Cove Council

Applicant:       

Lane Cove Council

 

Description of the proposal to appear on determination

Internal fitout for a new community centre on the ground and mezzanine levels of the mixed development comprising community space, commercial premises, 50 dwellings and a public car park.

Zone

B4 – Mixed Use

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 2, 7a and 9b

Stop the Clock used

Yes – 2 days

Notification

The proposal was notified in accordance with Council’s notification policy.

 

SITE

 

Property

Lot No. 1, DP No. 1183301

Area

Site area: 2719m2; GFA of the community space: 1247m2.

Site location

The site is located at the south – eastern corner of Little Street and Little Lane opposite Lane Cove Aquatic Centre. 

Existing improvements

A mixed use development is currently under construction on the site. 

Shape

Irregular and slopes significantly from west to east by a fall of approximately 7m.

Adjoining properties

East: Little Street, then Lane Cove Aquatic Centre in RE 1 – Public Recreation zone. 

West: Little Lane, then business premises located along the southern side of Longueville Road in B2 – Local Centre zone. 

North: Little Lane, then Longueville Hotel in B2 zone.

South: Residential flat buildings along the western side of Little Street in R4 – High Density Residential zone.  

 

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

 

PREVIOUS APPROVALS/HISTORY

 

DA 90/2012

Demolition of a public carpark, construction of a 9-10 storeys mixed use development comprising a public car park, community space, commercial premises and 50 dwellings was granted consent on 21/11/2012.

DA 90/2012A

S96 application for amendments to the design of the basement levels, mezzanine, ground and first levels was granted consent by Council on 24 October 2014

DA90/2012B

S96 application for the amendments to the building design was granted consent on 3/2/2015.

 

Note:

 

·    Conditions of the original consent DA 90/2012 require separate development applications to be lodged with Council seeking approval for the first use of any of the tenancies created within the commercial or community floor space.  All applications shall be accompanied by full details of mechanical plant and equipment associated with each use (condition 7 of DA 90/2012).

 

·    The public car park within the development is comprised of 200 car spaces in the original consent and car spaces have been increased to 207 in the S96 consent DA 90/2012A.

 

PROPOSAL

 

The proposal involves an internal fitout for the use of the community space on the Ground and Mezzanine levels of the mixed use building. 

·          The proposed community centre comprises 2 meeting rooms, and a community room. 

·        Meeting Room 1/Hall – Mezzanine Level – To be used as a flexible space for community purposes as well as for hire for functions.

This space includes a storeroom, adjacent prep kitchen and a secured external terrace area which is shared with adjacent Meeting room 2.  Maximum occupancy to Hall 189 people and is a non-licensed venue.

·        Meeting Room 2 – Mezzanine Level – To be used as a dedicated tenancy for ‘Lane Cove Music and Cultural Centre’ (LCMCC), a not for profit community based music school.  This space includes partitioned tuition rooms, office, storage, kitchenette, general communal area and a secured external terrace area which is shared with adjacent Meeting room 1. Maximum occupancy 38 people and is a  non-licensed venue.

·        Community 1 – Ground Level - To be used as a dedicated tenancy to ‘Lane Cove North Side Community Services’ (LCNSCS). LCNSCS generally provide for aged care services which include the following:

-           Community advisory and disability support

-           In house social activities (such as ‘tea and tunes’, games, crafts and club meetings)

-           A base for staff catering for in-home nursing, podiatry, linen changing, shopping service, home maintenance and volunteer visitation schemes

-           Meals on wheels service (storage of frozen food and only reheating of food for home deliveries). Patrons can also collect food on premises to take home

-           Transport for local group activities

This space includes prep kitchen, community meeting room for small group meetings, boardrooms, staff work area, staff kitchen area. The office area component of the tenancy operates at a maximum of 25 staff with up to 10 volunteers. The maximum occupancy of the community meeting room is 100 people and is available for bookings after hours and weekends and is a non licensed venue.

Both of the above user groups are currently located in premises elsewhere in Lane Cove. This is now an opportunity for them to relocate to a purpose-built facility tailored to their particular servicing needs.

·        The hours of operation of the community centre varies as does the function of the rooms.  Provided below are indicative hours, however such would be formalised in any lease issued by Council.

-           Meeting Room 1/Hall, Mezzanine Level:         Hours of operation will be detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am

-           External Terrace, Mezzanine Level:    Hours of operation will be detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am

-           Meeting Room 2 (LCMCC), Mezzanine Level:            Hours of operation will be detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am

-           LCNSCS, Ground Level:         Hours of operation will be detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am

·        13 car spaces within the public car park with 207 car spaces in the complex are to be allocated to the staff of the community centre.  Visitors of the community centre will share the remaining car spaces in the public car park.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

The proposal involves internal fitout only.  The compliances with the building design provisions of the Lane Cove Local Environmental Plan 2009 (LEP) and Lane Cove Development Control Plan (DCP) would remain unchanged. 

 

REFERRALS

 

Development Engineer

 

No objections subject to recommended draft conditions.

 

Tree Assessment Officer

 

Not required as the proposal would not affect any trees. 

 

Others

 

No objections subject to recommended draft conditions.

 

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

 

The proposal is permissible, complies with the development standards for Floor Space Ratio and height and does not raise any issue in regard to the Lane Cove Local Environmental Plan 2009.

 

Other Planning Instruments

 

SEPP 55 Remediation of Land

 

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

 

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 condition seeking compliance with the Standard.

 

Acoustic Assessment

 

The proposed new community centre would be used for a variety of functions,  including the Lane Cove Music and Cultural Centre (LCMCC).  An acoustic assessment report was submitted with the development application.

 

The acoustic assessment report has identified the noise egress from the community facilities hall/function area, and LCMCC and associated studios to the surrounding residential land uses.

 

The report has 6 recommendations including restriction of the maximum occupancy levels for the outdoor terrace area of the community centre to ensure the amenity of the surrounding residential dwellings is not adversely impacted.

 

The compliance with the recommendations of the acoustic assessment report have been included in the conditions of the draft recommendation (Condition 17 and 18). 

 

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

 

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

 

Not applicable.

 

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

 

The development proposal was notified in accordance with Council’s notification policy between 24 September 2015 and 8 October 2015.  No submissions were received in response to the notification of the development proposal.

 

CONCLUSION

 

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

 

The proposal involves an internal fitout for the use of the commercial space which was approved by the development consent DA 90/2012.  The proposal would provide a range of accessible community facilities to meet the needs of the current and future residents of Lane Cove.  It meets the objectives of Lane Cove Local Environmental Plan 2009

 

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 Independent Hearing and Assessment Panel grants development consent to Development Application internal fitout for the use of the community centre on the Ground and Mezzanine levels of the mixed use building on Lot 1 DP 1183301 and known as 1-5 Little Street, Lane Cove subject to the following conditions:

General Conditions

1.         (20) That the development be strictly in accordance with the following drawings, prepared by Smith & Tzannes except as amended by the following conditions.

-           Site Plan, 13_070 DA-A-010, Rev A, dated 06-Sep-15;

-           Level Mezzanine, 13_070 DA-A-100, Rev B, dated 06-Sep-15;

-           Level 0 (Ground), 13_070 DA-A-101, Rev B, dated 06-Sep-15;

-           Elevations, 13_070 DA-A-200, Rev A, dated 06-Sep-15.

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

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

4.         (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.

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

 

6.         (35) Hours of building works

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.

7.         (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.

8.         (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.

9.         (38) All advertising signs/structures being the subject of a separate development application.

10.       (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.

11.       (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.

12.       (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 7.0 metres from the specified item.

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

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

15.       (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.

16.       (134)    All loading and unloading being carried out from the loading docks within the premises, and no loading or unloading of goods, materials, equipment or the like associated with the development to take place on Council’s road or footpaths without the prior approval of Council.

17.       (136) The hours of operation being restricted to between the hours of

-    Meeting Room 1/Hall, Mezzanine Level:                Hours of operation will be detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am

-    External Terrace, Mezzanine Level:                       Hours of operation will be detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am

-    Meeting Room 2 (LCMCC), Mezzanine Level:       Hours of operation will be detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am

 

-    LCNSCS, Ground Level:                                        Hours of operation will be detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am

18.       The use of the community centre must comply with the recommendation of the Acoustic Report prepared for the proposed development by Koikas Acoustics Pty Ltd, dated 14 October 2015.

19.       (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.

20.       (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 installments, the first installment 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.

General Engineering Conditions

21.       (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. 

22.       (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.

23.       (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.

24.       (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.

25.       (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.

26.       (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’.

Engineering Condition to be Complied with Prior to Commencement of Construction

27.       (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.

Construction Traffic Management

28.       The traffic Construction Management Plan shall be submitted to Lane Cove Council for approval prior to the commencing any building works that require the movement of construction vehicles and machinery to and from the site.

29.       All construction deliveries of building materials to and from the site to be restricted to the following off peak hours:-

  Monday to Friday (inclusive) 9.30am to 3.30pm

  Saturday                                           7.00am to 4.00pm.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

2 Pages

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

 


 

Independent Hearing and Assessment Panel Meeting 3 November 2015

52B Cliff Road, Northwood

 

 

Subject:          52B Cliff Road, Northwood     

Record No:     DA15/102-01 - 61577/15

Division:         Environmental Services Division

Author(s):       Rebecka Groth 

 

 

 

Property:

52B Cliff Road, Northwood

DA No:

DA102 /2015

Date Lodged:

07/07/2015

Cost of Work:

$70,00

Owner:

Inga Rozenauers

Applicant:       

Inga Rozenauers

 

Description of the proposal to appear on determination

Construction of swimming pool and sauna

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

10a and 10b

Stop the Clock used

Yes

Notification

Notification was undertaken in accordance with Council’s notification policy.

 

REASON FOR REFERRAL

 

The application is referred to Council’s Independent Hearing and Assessment Panel given the history of the site which has been the subject of recent relevant appeals to the Land and Environment Court.

 

SITE

 

The subject site is a battleaxe block located at the south-eastern side of Cliff Road, Northwood.  The site slopes steeply away from Cliff Road and incorporates two cliff faces to the western and eastern ends of the site.  The site comprises a dwelling house and landscaping.  The subject site is adjoined by Gore Creek Reserve to the south east, one and two storey dwelling houses to the north, a new two storey dwelling house to the west and vacant lot to the south.

 

The topography of the site is steep with the proposed swimming pool located on a sandstone shelf. The shelf is adjacent to a cliff edge which drops away to the reserve below and to the east.  Site Plans and Notification Plan attached (AT-1 and AT-2).

 


PREVIOUS APPROVALS/HISTORY

 

10 November 1998

 

Development Application No. 287/1998 for the construction of a two storey dwelling house with basement car park, storage area and an above swimming pool was lodged with Council.

2 February 2000

 

The development application was refused under delegated authority for the following reasons:-

1.  The proposal contravenes the objectives of the Lane Cove Local Environmental Plan 1987;

2.  The proposal contravenes Council’s Building Policy Code;

3.  The proposal is an overdevelopment of the site;

4.  The proposal will have a detrimental effect on the amenity of the neighbourhood;

5.  The proposal contravenes State Environmental Policy No. 56; and

6.  The public interest.

2 March 2000

A Section 82A Review application was lodged with Council.

24 October 2000

The development application was conditionally approved by Council

22 March 2002

 

The applicant lodged an appeal in the Land and Environment Court to delete conditions 3(a) and 3(c) of the development consent relating to the requirements for dilapidation reports and the indemnity insurance requirements for the proposed works.

The Court issued an order to delete the conditions and replace with new conditions.

18 February 2008

 

A Section 96 application was conditionally approved by Council. The application sought amendments to the design of the house and the location of the pool.

28 April 2008

 

The applicant lodged an appeal in the Land and Environment Court against Council’s conditions of consent. The Court upheld the appeal and imposed conditions specific to the proposed pool of the development consent DA 98/287.

15 July 2013

 

A Section 96 application was lodged with Council in July 2013 which sought the following modifications:-

1.  The pool be reduced in size from the approved 6.0m x 4.2m (stamped DA drawing No. 1116-A1.1) to 5.5m x 4m;

2.  Rotate the orientation of the pool 90 degrees from an east west orientation to a north south orientation, and relocate the pool an additional 2.53m to the east, closer to the cliff edge; and

3.  Enlarge the area of the rear terrace by approximately 19(4.2m x 4.5m).  

The matter was referred to IHAP who resolved to refuse the S96 application on the 4 February 2015 for the following reasons:

1.    The proposal does not comply with the requirements for swimming pools in the Lane Cove Development Control Plan 2009

2.    The unacceptable impact to views of No 50A Cliff Road, Northwood; and

3.    The proposal fails to adequately consider the findings of the Land and Environment Court case Fegan v Lane Cove Council (2008) NSWLEC 1171.

 

PROPOSAL

 

 

The applicant advises the proposed development comprise the following:

 

·        ‘A swimming pool, 5.340 metres x 3.500 metres, located on the eastern side of the existing paved terrace in the north eastern portion of the site. The pool will have 400mm wide copings on the southern side, northern side and western side, where it is not adjacent to the existing terrace. The coping on the eastern side would be 500mm wide. The coping widths are consistent with a condition imposed in the Court’s approval of the previous application.

·        The edge of the northern coping set 1000mm from the’ northern boundary.

·        ‘The eastern coping will be at least 13.80 metres from the eastern boundary.

·        Due to the lower level of the ground no excavation will be required to construct the pool.

·        Toughened glass code compliant pool fencing.

·        Coping at RL 24.765 corresponding to the RL of the existing terrace.

·        A sauna 2.700 metres x 1.615 metres at a floor level corresponding to the garage level. RL 22.250 with a non-accessible paved roof at RL 24.765.

·        Retention of the existing cheese tree adjacent to the north boundary and trees and shrubs along the northern and eastern boundaries.

·        Two 2000 litre rainwater storage tanks under the northern part of the existing terrace’.

No tree removal is proposed.

 

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 - (Low Density Residential)

 

Site Area:       1,017.9m²

 

 

Proposed

Control

Complies

Floor Space Ratio

No change

0.5:1

NA

Height of Buildings

No change to dwelling house

 

9.5m

NA

 


Comprehensive DCP

 

Part B.4 View Sharing

 

The subject site and the adjoining properties enjoy water views of Gore Creek. The water view enjoyed from the primary living area of 50A Cliff Road is obtained via the side boundary of the subject site. This view corridor is located where the proposed swimming pool and sauna are positioned. This view corridor is the only water view available to 50A Cliff Road and it is considered likely the current proposal will impact upon this view. As such the principles of view sharing are an important aspect of this assessment. The following assessment is provided in response to Part B.4 View Sharing

 

1)         Provide for View Sharing

 

Requirement  - Planning principles of Land & Environment Court (LEC).   

 

Proposed  -  Extension into view corridor.

 

Comment

 

The extension of the pool would extend into the water views of the owners of 50A Cliff Road. The Land & Environment Court has recognised a view exists from the lounge room.

 

Using the principles set out by the LEC (Tenacity Consulting v Waringah [2004] NSWLEC 140) and paraphrased:-

 

Step 1 - Assessment of views to be affected. The court has stated water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

Comment

 

 From the lounge room window of 50A Cliff Road a water view was noted on the site inspection, although the land-water interface was not clearly defined. This is a result of the existing surrounding vegetation.

 

Step 2Consideration of what part of the property the views are obtained. (Views across side boundaries are more difficult to protect that of views from front and rear boundaries). If the view is enjoyed from a standing or sitting position is relevant. (Sitting views are more difficult to protect than standing views). The expectation to retain side views and sitting views is often unrealistic.

Comment

 

The view in question is across a side boundary, which would lessen the importance of the view loss according to the above guidelines   

 

Step 3 - Assessment of the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. It is more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 


Comment

 

The view in question is from a living room and is the only water view the owners of 50A Cliff Road have. It can be seen standing and sitting in certain positions. The view is filtered as a result of the surrounding vegetation. Although subjective, the impact of the current design would be severe.    

 

Step 4Assessment of the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable.

 

Comment

The amended proposal breaches several DCP requirements therefore the impact could be considered as unreasonable under this guideline.

 

Summary

 

Despite the view being across a side boundary, on balance, the view impact is considered unreasonable.  

 

The Land and Environment Court recognised a view of the water exists from the lounge room of 50A Cliff Road in appeal No.10841 of 2001. The height of the current proposed pool and sauna would adversely impact water views of the owners of 50A Cliff Road. It is noted that the vegetation surrounding the pool results in a filtered view of the water when viewed from 50A Cliff Road.

 

The height of the pool above ground level would need to be lowered to facilitate view sharing and be consistent with Part C Clause 1.10.1 – Private Swimming Pools of the DCP.

 

Part C – Clause 1.10.1 - Private Swimming Pools

 

Control

Proposed/Comment

a)    Swimming pools and spas are to be located behind the front building line and not on elevated decks.

Pool located in the rear of the site. Pool is elevated to the level of the existing terrace.

b)    Applications for swimming pools and spas will be considered by Council on the basis of the provisions of The Swimming Pools Act, 1992, latest amendment, the Building Code of Australia, the relevant Australian Standards and the provisions of this Code.

Noted

c)    Pools and spas should not adversely affect the amenity and outlook of the neighbourhood particularly when viewed from waterways and foreshore areas.

 

As the pool is elevated it would be visible from the adjoining dwelling, 50A Cliff Road. Views of the waterway are obtained by 50A Cliff Road over the subject site where the pool is proposed. It is noted that this view is filtered due to the existing vegetation.

d)    The waterline of the pool should be no closer than 3m to any dwelling and no closer than 1m from a side or rear boundary.

 

The applicant demonstrates on plan the pool is 12.6m to the adjoining dwelling, 50A Cliff Road.

Pool is to be setback 1m from northern boundary

e)    Other than on steeply sloping sites, the coping of the pool should relate to ground level (existing) adjacent to the dwelling and not exceed 1.0m as the land falls away from the pool.

Site is regarded as steep and the pool coping proposed at a width of 1m.

f)     On steeply sloping sites, the coping of the pool is not to be more than 1.8m above the ground level (existing).

Pool height is approximately a maximum of 2.80m above existing ground level.

It is recommended that the pool and coping be a maximum of 1.8m above the ground level (existing). The pool would be required to be lowered by 1.20m to be at a maximum RL of 23.65 and forms a condition of consent (refer draft Condition 2).

It is noted this required amendment may result in the proposed sauna not be viable.

 

g)    Where the coping of the pool is above ground level (existing) then the setback from the lot boundary is to be at a ratio of 1:1 to ensure the raised area of the pool does not impact on the amenity of adjoining neighbours.

DCP requires setback of a minimum of 2.80m. The proposed setback is 1m.

It is recommended that the coping of the pool be setback from the northern lot boundary at a ratio of 1:1, being a setback of 1.8m and forms a condition of consent (refer draft Condition 3).

h)    Pool height of greater than the ground level of adjoining dwellings may be permitted subject to privacy impact assessment on adjoining dwellings.

Coping adjacent to northern boundary unlikely to be used for standing or sitting as it is approximately 0.3m wide.

i)     Lighting if installed, to be arranged in such a manner as not to interfere with the amenity of the neighbourhood.

Noted

j)     The pool is to be kerbed and/or drained to prevent surface water gaining access to the pool or to the adjoining properties. Swimming pools must not adversely affect the existing stormwater management system.

Noted

k)    Pools are to be located at least 3 m from the trunk of a tree over 5 m in height, which is required to be retained on the site or is located on a neighbouring property.

Within 3m of tree. 

l)     The pool pump/filter is to be located as far away as practicable from neighbouring dwellings and is to be enclosed in an acoustic enclosure that limits noise generated by the pump to not greater than 5dB(A) above the background noise level, measured at the boundary.

Noted

 


REFERRALS

 

Development Engineer

 

No objections subject to recommended draft conditions.

 

Tree Assessment Officer

 

No objections subject to recommended draft conditions.

 

Senior Building Surveyor

 

Council’s Senior Building Surveyor assessed the application against the deemed to satisfy provisions of the Building Code of Australia and the Swimming Pool Act – 1992 and advised of a number of inconsistencies with the Swimming Pool Act 1992:

1.    The drawing 1507.3.1 indicates the pool barrier height at 1100mm. The minimum requirement for a pool barrier is 1200mm. Please have the applicant amend the plans to indicate the required minimum height.

2.    The drawing 1507.2.1 indicates a gate that opens inward toward to the pool in contravention of the Swimming Pools Act 1992. Please have the applicant amend the plans to indicate a pool gate that opens away from the pool.

3.    The proposed pool fencing adjacent to the existing BBQ area will create a non compliance with the barrier unless the barrier is installed at least 900mm higher than the BBQ. A similar non compliance will be created where he proposed pool fence abuts the existing terrace privacy screen. Please have the applicant amend the plans or indicate how compliance with The Swimming Pool Act and AS1928.1-2012 will be achieved.

4.    A notation on the plans should be included in the proposal stating compliance with the Swimming Pool Act 1992 and AS1928.1-2012 for the pool barrier.

5.    The internal floor to ceiling height is unclear. Please have the applicant provide a cross section of the sauna indicating a minimum floor to ceiling height of 2100mm.

 

The applicant requested copies of Council’s internal referrals and in response to the above comments, submitted amended plans which were received on the 21 August 2015. Council’s Senior Building Surveyor reviewed the amended plans and advised Point 5 above had not been addressed. Given amendments to the height of the pool are proposed, it is likely that the minimum floor to ceiling height of the sauna would not achieve 2100mm.

 

Bushfire

 

The site is situated within a bushfire prone area. A bushfire report prepared by a suitably qualified person was not submitted with the application. This information was requested of the applicant and at the time of writing the report was not received. Previous applications for the subject site have received approval from the NSW Rural Fire Service and as such a deferred commencement condition is recommended in this regard.

 

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

 

The proposal is permissible, complies with the development standards for Floor Space Ratio and height and does not raise any issues in regard to the Lane Cove Local Environmental Plan 2009.

 


Other Planning Instruments

 

SEPP 55 Remediation of Land

 

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

 

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 would require the application of a relevant condition seeking compliance with the Standard.

 

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

 

The preceding policy assessment table identifies the clauses within Clause 1.10.1 Private Swimming Pools of Part C Development Control Plan – Residential Development that the proposal does not comply with. 

 

Proposed

Control

Comment

Council support

Pool height approximately maximum 2.8m above existing ground level

(f)    On steeply sloping sites, the coping of the pool is not to be more than 1.8m above the ground level (existing).

 

The current design is not supported.

 

A draft condition to reduce the height of the pool to comply with Clause 1.10.1(f) of Part C of the DCP is recommended.

Yes subject to amended plans

Coping is setback 1m from the northern boundary

(g)   Where the coping of the pool is above ground level (existing) then the setback from the lot boundary is to be at a ratio of 1:1 to ensure the raised area of the pool does not impact on the amenity of adjoining neighbours.

The current design is not supported.

 

A draft condition to increase the coping of the pool to be setback from the northern lot boundary at a ratio of 1:1 to comply with Clause 1.10.1(g) of Part C of the DCP is recommended

Yes subject to amended plans

 

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

 

Five (5) submissions were received in response to the notification of the development application. The concerns raised in the submissions are summarised below.

 

·        The primary living room enjoys water views to the Lane Cove River, through existing trees located in the rear yard of 52B Cliff Road. This water view includes a land/water interface and is significant as the main amenity feature of the residence

 

Comment

 

It is acknowledged that a water view is enjoyed from the living room of 50A Cliff Road, Northwood. This view is the only water view enjoyed from the primary living area of the residence. 

 

·        The proponent seeks approval to construct a swimming pool, which at coping level, is elevated between 2.6m and 3.2m above existing ground level. The DCP specifies a maximum height above ground level of 1800mm on sloping sites.

 

Comment

 

It is acknowledged that the proposed height of the coping of the swimming pool does not comply with the DCP.

 

·        Our assessment and that of the Land and Environment Court (Proceedings 10841 of 2001) indicates that the proposed swimming pool, at the height and location proposed, will unreasonably impact upon the amenity of the residents of 50A Cliff Road as a result of substantial loss of existing Gore Creek and Lane Cove River views available from the living room of 50A Cliff Road.

 

Comment

 

The above assessment recommends that the height of the swimming pool be reduced and the setback to the shared northern boundary be increased to comply with the maximum height to the coping permitted within the DCP.

 

·        The proposal fails to achieve reasonable view sharing as envisaged in Section B.4 of Council’s DCP. The affected view is the only view available to 50A Cliff Road. 

 

Comment

 

The assessment of the application in regards to Part B View Sharing was found to unreasonably impact upon the current view. The recommended amendments to the application would improve the ability for view sharing.

 

·        Lowering the height of the of the proposed swimming pool by 1200mm would preserve the resident’s of 50A Cliff Road’s view. While this would result in a portion of the pool still extending up to 400mm above the maximum height permitted, such a height exceedance would not have a material impact on views and would be a more modest and reasonable variation

 

Comment

 

The recommendation includes a reduction of the maximum height of the coping of the swimming pool to be consistent with the DCP.

 

·        The convenience of having the pool at the same level as the adjoining terrace is not of sufficient weight, in circumstances where there is a significant height exceedance and resulting adverse view impact. It is not unreasonable to request that steps be provided from the terrace down to the pool. If this is unacceptable to the proponent then the option is available to re-orientate the pool in an east-west direction and locate the pool further to the west, as originally approved by Council. This option would also maintain the view of 50A Cliff Road as the pool would be clear of the water view corridor.

 


Comment

 

The recommendation includes conditions to reduce the height of the swimming pool coping and to increase the setback of the pool from the northern boundary. It is considered that these amendments would conserve the water view corridor enjoyed by 50A Cliff Road.

 

·        The proposed swimming pool and sauna at 52B Cliff Road Northwood impacts water views from the main living area of our home. Views are enjoyed south from the living room down to the Lane Cove River and bay below across 52B Cliff Road. The water views from the living room are important to the enjoyment of this area of the property

 

Comment

 

It is acknowledged that a water view is enjoyed from the living room of 50A Cliff Road, Northwood.

 

·        The selection of glass pool fencing may also cause reflections, further limiting views where the fence faces north

 

Comment

 

Glass fencing is a common material used in private swimming pools.

 

·        The view of the water from 50A Cliff Road is limited due to vegetation growth since the adjoining development at 50B Cliff Road

 

Comment

 

From the photographs on Council’s files it appears that the surrounding vegetation has grown and subsequently impacted upon the view corridor from 50A Cliff Road.

 

·        A Land and Environment Court decision in April 2008 recognised the severe impact of the 2007 pool design on water views from our home. Through conditions on the consent, the LEC provided a solution for sharing of views between the two properties that we were satisfied with and which remain our preference. An Independent Hearing and Assessment panel decision on the 2013 pool design reaffirmed the LEC decision.

 

Key LEC consent conditions that we would ask be up−held include:

 

•        A limit on the easterly extent of the pool to no further than previously approved

•        Pool fencing of a see−through design, other than glass panels

•        Landscaping to be maintained at a level no higher than the pool deck in our view corridor across the pool

 

Comment

 

The assessment has had regard to the previous applications and decisions. However this application has been considered on its merits. The proposal is likely to impact upon the view corridor enjoyed by 50A Cliff Road. As such the proposal is supported subject to an amended design which complies with the coping height and setback requirements of the DCP.

 

How can the boundary be down at the Reserve grass/plants level, some 10 metres below?

 

Comment

 

According to the Deposited Plan, a portion of the subject site comprises 53.3m2 of overhang. The boundary of the site is shown on the Deposited Plan as being the mean high water mark adjacent to the Gore Creek Reserve.

 

It would appear that the proposed swimming pool is very close to the edge of the rock shelf. The rock cuts backwards under the shelf, and it seems the pool may be sitting on top of that shelf

 

Comment

 

Survey check requested as a draft Condition of Consent (refer to draft Condition 8).

 

There is also no information from a structural engineer on the structure of the pool.

It seems it will be necessary very high concrete or steel pylons going downwards to support the pool weight. Given how the rock shelf curves back underneath, it seems there may be a heavy load which could become dangerous from below in the reserve.

 

Comment

 

Draft Condition 7 requires that a Structural Engineer's details be submitted to the Private Certifying Authority prior to issue of construction certificate for the proposed swimming pool and sauna.

 

·        Problems with this proposal:

o   adverse impacts of the proposed pool/sauna on and from the Public Realm,

o   the safety of the public,

o   the structural stability of the sandstone cliff and Northern Suburbs Ocean Outfall System (NSOOS),

o   degradation of indigenous vegetation below/around the pool and top of cliff,

o   it will increase the weed-encouraging environment created below the top of cliff,

o   further add to 200mm+ diameter stormwater discharge at a point outlet behind the big sea rocks, into the mangrove mudflats (altering natural ecosystem),

o   will result in continuing landfill and disposal of vegetation debris below cliff adjacent to the Reserve

o   the unsightly drainage pipes on the steep escarpment will increase in number.

 

Comment

 

The pool is recommended to be reduced in height and a structural engineer would confirm the structural stability of the site and proposed pool. Any further drainage requirements would be in line with the recommendations of Council’s Development Engineer.

 

·        The plans submitted by the applicant are incorrect. The top of the cliff line is further east on the plan than it is and the extent of the Gore Creek Sewage Aqueduct is shown as shorter than it is and further away from the pool than it is. The correct positions are evident on the survey by CMS Surveyors P/L, Survey Instruction 8656B, issue date 11/1/2013 for the lot then known as 74 DP 1157677.

 

·        The above survey indicates the levels used to calculate the height of the pool and the like are incorrect. The pool would be highly visible from Lane Cove River and beyond

 

Comment

 

The survey plan referred to has been cited. A check survey certificate is

required to be submitted to the Private Certifying Authority as per draft Condition 8.

 

·        No detail of structure, geotechnical assessment or engineering advice has been submitted

 

Comment

 

Draft Condition 7 requires that a Structural Engineer's details be submitted to the Private Certifying Authority prior to issue of construction certificate for the proposed swimming pool and sauna.

 

·        Piers needed to support the pool would extend below the level of coping and would be visible

 

Comment

 

Draft Condition 7 requires that a Structural Engineer's details be submitted to the Private Certifying Authority prior to issue of construction certificate for the proposed swimming pool and sauna.

 

·        The construction of the pool would result in the removal of vegetation

 

Comment

 

The development application does not include removal of vegetation.

 

·        The pool would be constructed within the foreshore building line

 

Comment

 

The majority of the subject site is identified as being within the foreshore building line.

 

·        The Heritage Significance of the Gore Creek Sewage Aqueduct needs to be addressed as the report concludes the pool would not be visible.

 

Comment

 

The Gore Creek Sewage Aqueduct is not a heritage item nor is it within a conservation area.

 

It is further noted that the applicant’s consultant provided a response (AT3).  The response disagrees with the matters raised in the submission.

 

·        Objection to the application on the following grounds: 

 

o    There is no screening shown to the pool soffit and the walls to the East elevations of the proposal and the materials/finishes are not provided. These areas will be visible from No 54 Cliff Road, from the Gore Creek Reserve, from the bushwalk along the East of Gore Creek Bay and from Gore Creek Bay on the water.

The applicant’s environmental statement should address the problems of visual impact and aesthetic effect and the drawings should show adequate and aesthetic screening of the voids below the pool surround. 

 

Comment

 

The recommendations within this report include the reduction of the height of the swimming pool. It is acknowledged that the existing dwelling on the subject site is visible from Gore Creek Reserve however the swimming pool would be situated at a lower level and would be partially screened by the existing vegetation.

 

o   The extension of the Eastern edge of the pool will potentially damage the cliff facing Gore Creek Reserve. The cliff is somewhat undercut below the pool location and adverse jointing in the rock may result in dangerous slip potential. The pool is directly above the Sydney main sewer aqueduct and any work or addition of the weight of the pool may seriously affect this public infrastructure both long term and during construction.

 

Comment

 

A Geotechnical report is required to be submitted and the plans if approved, would be required to be endorsed by Sydney Water.

 

o   There is even further loss of tree and shrub cover to the cliff edge than that resulting from previous construction on 52B and 52C Cliff Road that will expose the proposed house and pool to greater view from Greenwich, Gore Creek Reserve and the harbour waters in Gore Creek Bay. These further losses of tree and shrub cover to lots that are now almost devoid of trees and shrubs will reduce the general amenity of the immediate and wider area.

 

Comment

 

Vegetation removal is not proposed in conjunction with this application.

 

Conclusion

 

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

 

The application meets with the Floor Space Ratio and Height controls as required in the Lane Cove Local Environmental Plan 2009. The proposed swimming pool does not comply with all controls relating to height and setbacks. These variations are deemed to be unreasonable and if amended, as per the recommendations would result in acceptable view sharing with the neighbouring property.

 

Subject to amended plans to reduce the height of the swimming pool and increase the setback of the swimming pool the proposed development is recommended for approval subject to draft conditions including a deferred commencement condition requiring a bushfire report to be prepared by a suitably qualified person for Council’s consideration.

 

 

RECOMMENDATION

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, as amended, the Council grant a deferred development consent to DA2015/102 for the construction of a swimming pool and sauna on Lot 2, DP 11877430 and known as 52B Cliff Road, Northwood, subject to the following:-

 

PART A –  DEFERRED COMMENCEMENT CONSENT:

The consent will not operate and it may not be acted upon until the Council or its delegate is satisfied as to the following matters:

1.      A bushfire report prepared by a suitably qualified person shall be prepared, submitted and it’s recommendations adopted by Council.

2.      Amended plans shall be submitted to Council detailing the pool and coping not being more than 1.8m above the ground level (existing) as per Clause 1.10.1(f) Private Swimming Pools of Part C Development Control Plan – Residential Development. The coping and pool shall be lowered by 1.2m to be at a maximum RL of 23.65.

3.      Amended plans shall be submitted to Council detailing the setback of the pool and coping from the northern boundary being setback at a ratio of 1:1 to comply with Clause 1.10.1(g) Private Swimming Pools of Part C Development Control Plan – Residential Development. The pool and coping shall be setback a minimum of 1.8m from the northern boundary.

4.      Should the plans detailing the amended swimming pool height as per Condition 2 result in a floor to ceiling height of the sauna being less than 2100mm, the sauna shall be deleted from the plans and consent.

         Documentary evidence as requested or the above information must be submitted to Council within 12 months of the granting of this deferred commencement consent.  Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

         Pursuant to Clause 95(5) of the Regulations under the Act, Council will notify you in writing if Part A of this consent has been satisfied and the date from which this consent operates.

PART B –  CONDITIONS OF CONSENT:

Upon Council giving written notification to the Applicant that the deferred commencement conditions have been satisfied, the consent will become operative from the date of that written notification, subject to the following draft conditions of consent:

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.      Structural Engineer's details being submitted to the Private Certifying Authority PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the proposed swimming pool and sauna.

8.      A check survey certificate shall be submitted at the completion of works to the Private Certifying Authority.

         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.

9.      Prior to the issue of the Construction Certificate the Private Certifying Authority shall cross-reference all levels on the approved architectural plans with the subject site.

10.    (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.

11.    (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted.

         THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $20,000.

12.    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.

13.    (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.

14.    (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.

15.    (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.

16.    (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 Pool Act, 1992, and the Australian Standard AS1926 – 2012, “Swimming Pool Safety”.

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

18.    (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".

19.    (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

20.    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)       Pool reinforcement prior to placement of concrete.

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

         c)       Completion.

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

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

23.    (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.

General Engineering Conditions

24.    (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.

25.    (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. 

26.    (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.

27.    (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.

28.    (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.

29.    (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.

30.    (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’.

31.    (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the receiving drainage system in accordance with AS-3500 and Part O of Council's DCP - Stormwater Management.

Engineering Conditions to be Complied with Prior to Construction Certificate

32.    (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.

33.    (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3000 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

34.    (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

35.    (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority PRIOR TO ISSUE OF ANY OCCUPATION CERTIFICATE.

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

Tree Conditions

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

37.    The applicant must obtain a Tree Preservation Order Work Authority prior to the pruning or removal of any trees growing on the 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.

38.    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.

39.    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 tree roots greatern than 40mm diameter to be severed or damaged.   

Bushfire Conditions

Bushfire conditions to be added once the consent is operative.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

4 Pages

 

AT‑2 View

Neighbour Notification Plans

2 Pages

 

AT‑3 View

Letter from Brian McDonald dated 9 September 2015

4 Pages

 

 

 


 

Independent Hearing and Assessment Panel Meeting 3 November 2015

2 Birriwa Place, Northwood

 

 

Subject:          2 Birriwa Place, Northwood     

Record No:     DA14/153-01 - 61801/15

Division:         Environmental Services Division

Author(s):       Rebecka Groth 

 

 

Property:

2 Birriwa Place, Northwood

DA No:

Section 96(2) modification to DA2014/153                     

Date Lodged:

2015

Cost of Work:

N/A

Owner:

DL & LH Cahill

Applicant:       

DL & LH Cahill

 

Description of the proposal to appear on determination

Section 96(2) modification to DA 153/2014 to amend condition 1 and delete conditions 2 to 5 inclusive from the consent. 

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

Notification

 

 

 

 

Neighbours: 1-5 Birriwa Place, 86, 87, 88 & 97 Northwood Road,

Northwood. 

Ward Councillors

Progress Association: Lane Cove Bushland & Conservation

Society                                  

 

EXECUTIVE SUMMARY

 

The original development proposal involving the construction of a two storey dwelling house, a swimming pool and landscaping works was refused by Lane Cove Independent Hearing and Assessment Panel (IHAP) on 3 February 2015. 

 

The original application was refused on the following grounds:-

·    Loss of solar access to the dwelling house at 3 Birriwa Place, Northwood; and

·    Loss of water views to the living area on the ground level of 5 Birriwa Place, Northwood.

 

On the 8 April 2015 a Section 82A application was lodged with Council seeking a review of the determination in accordance with Section 82A (1) of the EP&A Act 1979. The applicant sought to address the reasons of refusal by the following:-

·    Amendments to the footprint including reducing the size of the garage from a triple garage to a double garage, and siting the garage toward the front boundary of the site on the Ground level.

·    Reduced internal height of the garage by 300mm.

·    Reduced building envelope to create a view corridor from the living room on the ground level of 5 Birriwa Place.

·    Modification to the extent of the footprint of the building on the Lower Ground level.

 

In comparison to the original plans, the amended plans were found by Council to improve the extent of view loss experienced by 5 Birriwa Place. 

 

With regard to the solar access to 3 Birriwa Place, Council officers were of the view that the amended proposal would meet the solar access provisions of Lane Cove Development Control Plan (DCP). 

 

The matter was referred to IHAP for determination with a Council recommendation of approval.

 

On 2 June 2015 the IHAP resolved that:-

 

            ….. the application be refused for the reason that the loss of significant water views, including a land water interface from the living room at No.5 Birriwa Place, Northwood is excessive and therefore unacceptable.

 

A further Section 82(a) Review of Determination Application was lodged with Council on the 12 June 2015. The proposal involved design amendments to address the IHAP recommendation. The amendments included a reduction in the ground floor area, a view corridor of 50% over the subject site, minor amendment to the internal floor plan on the lower LG2 level and the relocation of a bedroom from GF level to LG1 level. At its meeting on the 29 July 2015 the IHAP resolved to approve the application subject to the following conditions:

 

1.    Deletion of south-western section of the deck as marked on the plans on the top floor (ground plan).  The deck shall be marked on the plans as non-trafficable.

 

2.    Setback of bedroom 1 and stairwell by approximately 1 metre as marked on the plan to align with the southern wall of the double garage.

 

3.    An external privacy screen is to be installed on the stairwell window on the top floor (ground plan) level on the southern elevation to mitigate privacy impacts.

 

4.    The planter box shown on the top floor (ground plan) terrace is to be deleted as shown in red on the plans.

 

5.    Landscape screening is to be provided along the southern boundary adjacent to the dwelling which shall be detailed on the plans.

 

The current Section 96(2) application seeks to amend Condition 1 and to delete Conditions 2 to 5 inclusive. The applicant states that the amendments required by IHAP to the plans (Conditions 1-5) are largely unnecessary. Minor modifications are proposed to the Ground Level and include reconfiguration of the ensuite, reduction in the area of the roof deck, deletion of planter boxes, and the inclusion of the required privacy screen on the stairwell window on the southern facade.

 

Two submissions have been received in response to the notification of the modification. The submissions request that the IHAP’s determination on the 29 July 2015 be upheld.

 

The following assessment reveals the proposed modification is consistent with amenity and sunlight considerations within the Lane Cove Development Control Plan (DCP). It is considered that the amended proposal would not impact upon the privacy of the adjoining property towards the south of the site due to the implementation of privacy screening and the reduced ground floor roof deck. The proposed dwelling house would allow for three hours of solar access to the property to towards the south which meets the solar access requirements of the DCP.

 

It is recommended that the IHAP consider and make a determination on the amended proposal.   

 

Site

 

Birriwa Place is a cul-de-sac situated on the western side of Northwood Road and provides access to 8 allotments. Surrounding developments comprise two storey dwelling houses with significant water and river views.  The subject site is located at the western end of the cul-de-sac and adjoins Woodford Bay to its rear.  The site is vacant. 

 

Site Plan and Notification Plan attached (AT-1 and AT-2).

 

Previous Approvals / History

 

DA2014/82

Demolition of a house and garage. Approved 30 September 2014.

DA2014/153

The initial Development Application was lodged on 23 September 2014.

This application sought approval for the construction of a new two storey dwelling house over three levels, swimming pool, associated landscaping works and minor boundary adjustment.

The proposal is described as:

Level 1:

Retreat, lobby, bedroom 3 and 4, bathroom and internal and external stairs

Three (3) car space garage, workshop, garbage storage area and associated turning bay

Habitable rooms: FFL 27.10

Garage: FFL 26.85

Ground floor:

Study, rumpus room, laundry, cellar, foyer, meals room, lounge, kitchen, deck on the western elevation and internal and external stairs.

Habitable rooms: FFL 23.48

Subfloor:

Lobby, bedroom 1 and 2, two ensuites, study and internal and external stairs.

Habitable rooms: FFL 20.34

The proposal was compliant with the Lane Cove Local Environmental Plan 2009 (LEP 2009), being below the maximum Floor Space Ratio (FSR) and building height permitted for the site. The proposal comprised an FSR of 0.28:1 and a building height of 9m.

Submissions on behalf of three (3) neighbours were received in response to the notification of the proposal. The primary concerns raised in the submissions were view loss and reduced amenity as a result of overshadowing.

Views of Woodford Bay and the Lane Cove River are enjoyed by surrounding properties.

The assessment of the initial DA found the proposal would result in loss of views enjoyed by surrounding properties, namely from 5 Birriwa Place. The assessment had regard to the Planning Principle: View sharing [Tenacity Consulting v Waringah [2004] NSWLEC 140]. Views of Woodford Bay were found to be enjoyed from the living area of 5 Birriwa Place, over the side setback of the subject site. Notwithstanding the severity of impact on the views currently enjoyed by 5 Birriwa Place as a result of the proposal, the proposal was considered to be acceptable. Given the compliance of the proposal with the key planning controls applicable to the site and the reliance of access to the views over the side property boundary, the proposal was considered reasonable.

The assessment of the proposal had regard to the planning principle set down by the Land and Environment Court in relation to Access to sunlight being based on Planning Principle: SUNLIGHT [The Benevolent Society v Waverley Council [2010] NSWLEC 1082 at 133-144]. The assessment found that due to the low level of the land in relation to 2 Birriwa Place and the orientation of the site, 3 Birriwa Place could be categorised as being highly vulnerable to overshadowing as described in the planning principle. Protection of sunlight to 3 Birriwa Place was found to not be readily achievable by a more sensitive design due to the potential interaction with the established tree on the site (Magenta Lilly Pilly) which is listed as a threatened species. The design was found to largely comply with the relevant planning controls and any modification to the wall height would not materially effect the solar access available to 3 Birriwa Place.

Given the contentious and complex nature of the proposal, the matter was referred to the IHAP for determination with a Council officer recommendation of approval. 

On 3 February 2015 the IHAP resolved to refused the Development Application for the following reasons:

1.         The unacceptable and severe impact on the amenity of No.5 Birriwa Place by way of loss of significant water views from that property.

2.         The unacceptable and severe impact on the amenity of No.3 Birriwa Place by way of loss of solar access to that property.

3.         A more skilled design could provide the applicant with a similar development potential and amenity and reduce the adverse impact on surrounding properties.

4.         Such a skilful design might include the relocation of the garage structure towards the street frontage and a reduction in size to accommodate 2 cars, with consequent amendments to the principal design.

DA2014/153 Section 82(A) Review of Determination

 

A Section 82(A) Review of Determination against the refusal of DA2014/153 was lodged with Council on 8 April 2015. The proposal sought to address the reasons for refusal in the notice of determination.

The proposal is described as:

Ground Level (previously referred to as Level 1):

Lobby, bedroom 3 and 4, bathroom and internal and external stairs

Double garage

Habitable rooms: FFL 26.840 (reduced level)

Garage: FFL 26.755 (reduced level)

LG 2 (previously referred to as Ground floor):

Study, rumpus room, laundry, cellar, foyer, meals room, lounge, kitchen, deck on the western elevation and internal and external stairs.

Habitable rooms: FFL 23.480 (no change to level )

LG 1 (previously referred to as Subfloor level):

Bedroom 1 and 2, two ensuites, study and internal and external stairs.

Swimming pool (volume 42m3)

Habitable rooms: FFL 20.34 (no change to level)

The proposal was found to be compliant with the LEP 2009, being below the maximum FSR and building height permitted for the site. The proposal comprised an FSR of 0.29:1 and a building height of 6.5m.

Submissions on behalf of two neighbours being 3 Birriwa Place and 5 Birriwa Place, were received in response to the notification period. The primary concerns raised being view loss and reduced amenity as a result of overshadowing.

The revised proposal was found to improve solar access to 3 Birriwa Place and met the minimum solar access provisions of the DCP.

The amended proposal was considered by Lane Cove Council to improve the extent of view loss from 5 Birriwa Place. Given water views from the lower level of 5 Birriwa Place would be obtained across the side boundary of the subject site, the views enjoyed from the upper level of 5 Birriwa Place are retained, and the proposed building meet the building height and FSR of the LEP, the proposed design in the Section 82(a) proposal was considered to be an improvement on the original proposal by Lane Cove Council. 

The matter was referred for determination to the IHAP with a recommendation for approval by Council.

On 2 June 2015 the IHAP resolved that:

            ……the application be refused for the reason that the loss of significant water views, including a land water interface from the living room at No.5 Birriwa Place, Northwood is excessive and therefore unacceptable.

DA2014/153 Section 82(A) Review of Determination

 

A Section 82(A) Review of Determination against the refusal of DA2014/153 was lodged with Council on 12 June 2015. The proposal sought to address the reasons for refusal in the notice of determination.

The proposal can be described as:

Ground Level:

Bedroom 1, walk in wardrobe, ensuite and internal and external stairs

Double garage

Habitable rooms: FFL 26.840 (no change)

Garage: FFL 26.755 (no change)

LG 2:

Study, rumpus room, laundry, cellar, foyer, meals room, lounge, kitchen, deck on the western elevation and internal and external stairs.

Habitable rooms: FFL 23.480 (no change to level)

LG 1:

Bedrooms 2, 3 and 4, bathroom and ensuite, study and internal and external stairs.

Swimming pool (volume 42m3)

Habitable rooms: FFL 20.34 (no change to level)

The proposal comprises an FSR of 0.29:1 and a building height of 6.5m.

View Loss

The revised proposal demonstrates an increased view corridor over the site’s north-western side setback area towards Woodford Bay. Council’s assessment report for the Section 82(A) review is attached (AT 3).

At its meeting on the 29 July 2015 the IHAP resolved to approve the application

subject to the following conditions:

1.      Deletion of south-western section of the deck as marked on the plans on the top floor (ground plan).  The deck shall be marked on the plans as non-trafficable.

2.      Setback of bedroom 1 and stairwell by approximately 1 metre as marked on the plan to align with the southern wall of the double garage.

3.      An external privacy screen is to be installed on the stairwell window on the top floor (ground plan) level on the southern elevation to mitigate privacy impacts.

4.      The planter box shown on the top floor (ground plan) terrace is to be deleted as shown in red on the plans.

5.      Landscape screening is to be provided along the southern boundary adjacent to the dwelling which shall be detailed on the plans.

 

Proposal

 

On the 29 September 2015 the applicant submitted a Section 96(2) modification to DA14/153 seeking the following:

 

Condition 1 amended:

 

Provision of a 1.2m high balustrade as detailed on the plan and the remainder of the area being non-trafficable roof area.

 

Condition 2:

 

To de deleted.

 

Condition 3:

 

Condition to be deleted. Plans show timber louvered privacy screens to master bedroom and stairwell.

 

Condition 4:

 

To be deleted, planter box removed.

 

Condition 5:

 

To be deleted.

 

The applicant states:

 

‘There is no reason cited that identifies the purpose of the conditions. It is assessed that the conditions are imposed to ensure appropriate levels of privacy between the subject premises and No 3 Birriwa Place and to introduce elements to soften the appearance of the dwelling when viewed from No 3 Birriwa Place.

 

Amended plans dated 21 September 2015 are submitted which modify the consent generally in accordance with the assessed objectives of the conditions’.

 

Further justification is also provided by the applicant:

 

1.   ‘We have provided a non-trafficable roof on the western side of bedroom 1. Would it be possible to extend the balustrade further to the west than indicated on your plan to allow room on the terrace for furniture? We have positioned the balustrade so that there are no privacy issues with respect to 3 Birriwa Place. We have included a section on drawing D03 to show there is no visual connection between 2 and 3 Birriwa Place.

2.   We have had great difficulty with redesigning the main bedroom, walk-in-robe, rumpus room, cellar, powder room and hallway, in order to comply with Condition 2.

We have calculated that moving the wall and staircase will not improve solar access to 3 Birriwa Place at 12 o’clock in mid-winter. By moving the southern wall of bedroom 1 and the staircase by 1m you will seriously compromise the amenity of the top floor.

The other reasons for this are as follows:

i.    The main bedroom would not be as big as those in houses of comparable standard if the wall was moved as requested.

ii.   We have observed that the staircase is opposite the garage of 3 Birriwa Place and can’t be seen from their dining room and therefore moving the staircase would be of no benefit to them.

iii.   The southern wall is not a solid wall and the use of different colours and depths and a variety of materials, (timber, painted rendered and glass), ensure that it will not appear bulky when viewed from 3 Birriwa Place.

3.   We have provided an external privacy screen to the staircase window as requested.

4.   The planter boxes to the top floor terrace have been removed as requested.

5.   Because we have not moved the southern wall of main bedroom there is no space to provide a planter box as requested’.

 

Environmental Planning and Assessment Act 1979

 

(2) Other Modifications

 

A consent authority may, on application being made by the applicant or any other person entitled to

act on a consent granted by the consent authority and subject to and in accordance with the

regulations, modify the consent if:

 

(a) It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

 

Comment: The proposal would result in development which is substantially the same as that previously approved by Council in that the proposal is for minor changes to the building form.

 

(b) It has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

 

Comment: Not applicable.

 


(c) It has notified the application in accordance with:

(i)    The regulations, if the regulations so require, or

(ii)   A development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

 

(d) It has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

 

      Comment: The modification was notified in accordance with Council’s notification policy for a period of 14 days commencing on the 23 September 2015. Two submissions have been received and the matters raised in the submissions are summarised below.

 

·    We have no cause to object to the proposal as it appears to impact our dwelling no worse than the approved development. We are disappointed the IHAP conditionally approved the DA, we accept the decision

 

Comment: It is considered that the proposed modification would not impact upon 1A Birriwa Place, Northwood.

 

·    IHAP must ensure that the five conditions required by IHAP are adhered to, to protect the integrity of IHAP and our confidence in the process

 

Comment: The IHAP would make a decision on the application after undertaking a technical assessment of the proposal.

 

·    The determination and imposition of conditions 1 to 5 (inclusive), were imposed to mitigate the adverse impacts of the proposed dwelling on the privacy of 3 Birriwa Place. These impacts were clearly acknowledged as resulting from the direct line from the dwelling as originally proposed into 3 Birriwa Place. The modification seeks to undermine elements of the application which resulted in the ultimate approval of the application. Any determination of the modification be made by the IHAP for consistency and to maintain the integrity of the determinations made to date.

 

Comment: The applicant seeks to delete Conditions 3 and 4 as these items are demonstrated or removed from the plans as per the IHAP’s decision.

 

·    These amendments were imposed to mitigate the impacts of the approval on the amenity of 3 Birriwa Place particularly in relation to privacy and solar access. Of great concern is the request to modify Condition 1 to provide a balustrade to allow the non-trafficable roof to become trafficable and to accommodate furniture.

 

Comment: The proposed roof deck on the ground floor is setback 2.23m from the shared southern boundary. It is noted the driveway of 3 Birriwa Place runs parallel to this boundary.

 

·    This application to overturn the long and detailed consideration of the IHAP has no justification and the conditions in question have not been demonstrated by the applicant to be unnecessary or unreasonable.

 

Comment: The applicant has made amendments to the plans as per the IHAP determination, resulting in these conditions being redundant. Privacy screening is implemented on the staircase window as per Condition 3, planter boxes are no longer evident on the plans as per Condition 4. The applicant has also provided justification for the deletion of Conditions 1, 2 and 5.

 

·    We urge that Council:

(1) Refer any determination of the application to the IHAP for determination on the basis that all of the conditions that are sought to be amended or deleted were explicitly imposed by the IHAP

(2) That prior to any determination by the IHAP or staff, that height poles again be erected to inform the assessment and determination process

(3) That no amendment to conditions 1,2, 4 or 5 be agreed to due to the significant and unacceptable adverse amenity impacts that will result to the pool, deck and living areas of 3 Birriwa Place

(4) The amendment to condition 3 could be acceptable subject to the setback of the stairwell in accordance with condition 2 as currently in force, however as a matter of administrative ease the application as a whole should be rejected as the alternate design of the privacy screen is a matter readily resolved through the Construction Certificate process

(5) By rejecting the modification application the intent and integrity of the determination of the IHAP would not be undermined

 

Comment: The application has been referred to the IHAP for determination. The requests above are noted.

 

 (3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application.

 

Comment: The matters referred to in Section 79C(1) are considered below.

 

Proposal Data / Policy Compliance

 

Local Environmental Plan 2009

 

Zoning: R2 Low Density                               Site Area: 1282.65m²

 

 

Approved Section 82(A) proposal

Proposed Section 96(2)

LEP Control

Complies

Floor Space Ratio

 

0.28:1

 

No change to Gross Floor Area

 

0.28:1

 

0.5:1

Yes

Height of Buildings

6.5m

No change to height

6.5m

 

9.5m

Yes

 


Comprehensive DCP

 

The current modification does not result in a significant change to the building footprint. The setback of the proposed roof terrace on the ground floor has not been amended as per the IHAP’s resolution (Condition 1) the setback from the southern boundary is 2.23m.

 

No changes are proposed to the remaining levels of the dwelling house or swimming pool.

 

The proposal would not adversely impact upon the privacy of the adjoining property towards the south of the site due to the implementation of privacy screening and the reduced ground floor roof deck.

 

It is noted that the proposed dwelling house would allow for three hours of solar access to the property to towards the south which meets the solar access requirements of the DCP.

 

Car Parking

 

No change to approved car parking arrangement.

 

REFERRALS

 

No referrals were considered in the review of this application.

 

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

 

The proposal is permissible, complies with the development standards for Floor Space Ratio and height and does not raise any issues in regard to the Lane Cove Local Environmental Plan 2009.

 

Other Planning Instruments

 

State Environmental Planning Policy No 55 – Remediation of Land

 

The site was previously used for dwelling house.  There is no evidence that the site was contaminated by a previous development and the suitability of the land for dwelling house has been taken into consideration during the development assessment process. 

 

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

 

The commitments of building sustainability would be required to be updated as a condition of consent if the application is approved. 

 

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

 

Council has considered the provisions of the Sydney Regional Environmental Plan and the development control plan.  The proposal raises no issues regarding the provisions of the policy and the DCP.

 

APPLICABLE REGULATIONS

 

Not applicable.

 

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

 

Not applicable, there are no variations proposed in the modification.

 

CONCLUSION

 

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

 

The application meets with the Floor Space Ratio and Height controls as required in the Lane Cove Local Environmental Plan 2009 and generally meets with the Part C Residential Development Objectives in the Lane Cove Development Control Plan. Consideration of the proposal’s solar access and level of privacy for the property towards the south of the site has been given.  The proposed modification is regarded as being consistent with the DCP in this regard and would not adversely impact upon the privacy of the adjoining property towards the south (3 Birriwa Place) due to the implementation of privacy screening, the reduced ground floor roof deck and the orientation of the proposal.

 

Notwithstanding the apparent compliance with Council’s DCP the IHAP of the 12 June 2015 were concerned as to the adverse impacts to 3 Birriwa Place and imposed setback conditions to limit such. Given such concerns the IHAP is requested to consider this proposal and determine the application.

 

 

RECOMMENDATION

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grant development consent to modify Development Application DA 153/2014 for the construction of a two storey dwelling house, a swimming pool and landscaping works on Lot 101, DP 702734 and known as 2 Birriwa Place, Northwood subject to the following conditions:

Delete Conditions 1, 2, 3, 4 and 5.

Amend Condition 6:

That the development be strictly in accordance with the following drawings with Job No. 14-5231

and prepared by Felton Constructions except as amended by the following conditions.

·      Site Plan, D01, Issue J, dated 21.09.15;

·      Ground, LG1, LG2, D02, Issue N, dated 21.09.2015

·      Roof Plan, Sec X, D03, Issue E, dated 11.6.2015

·      Elev A, B, C and D, Sec Y and Z, D04, Issue K, dated 21.09.2015;

·      Landscape Concept with Drawing Number 2014.0902DA1-1, Issue B, dated 17 September2014, prepared by TGS Landscape Architects;

·      Landscape Concept with Drawing Number 2014.0902DA1-2, Issue B, dated 17 September2014, prepared by TGS Landscape Architects.

All other conditions are to remain.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

AT‑3 View

Report for the Section 82(A) dated 29 July 2015

19 Pages