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Agenda

Independent Hearing and Assessment Panel Meeting

2 May 2017, 5:00pm

 

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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 Rd, Lane Cove on Tuesday 2 May 2017 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours 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 2 May 2017

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

NOTICE OF WEBCASTING OF MEETING

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

1.      INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 4 APRIL 2017

 

Independent Hearing and Assessment Panel Reports

 

2.       35 Vista Street, Greenwich

 

3.       19 Bay Street, Greenwich  

 

 

 

 

 

 


 

Independent Hearing and Assessment Panel Meeting 2 May 2017

35 Vista Street, Greenwich

 

 

Subject:          35 Vista Street, Greenwich    

Record No:    DA17/31-01 - 20635/17

Division:         Environmental Services Division

Author(s):      May Li 

 

 

 

EXECUTIVE SUMMARY

 

Development application DA 31/2017 was lodged on 30 March 2017 and seeks consent for the demolition of an existing dwelling house, the construction of a three storey dwelling house and an in-ground swimming pool at the front of the property.

 

The proposed dwelling house comprises three levels of habitable area including 7 bedrooms, 8 bathrooms and 3 living areas.  The construction of the change room and recreation room on the basement level would require significant excavation. 

 

The proposal exceeds the floor space ratio (FSR) standard of Lane Cove Local Environmental Plan 2009 (LEP).  The applicant has not addressed the objectives of Clause 4.6 of the LEP which require better planning outcomes to be achieved by supporting the proposed exception to the LEP development standard.

 

The proposed design fails to meet various provisions of Lane Cove Development Control Plan (DCP) including swimming pool location, roof design, and excavation.  The built form of the proposed development is not compatible with the building character of the surrounding dwelling houses. 

 

The proposed dwelling house comprises a roof top plant area above the first floor which would be trafficable.  The roof top terrace would overlook adjoining properties.

 

15 Submissions were received in response to the notification of the development proposal.  Submissions raised concerns relating to amenity impacts to the neighbours, stormwater management, and over development of the site.

 

The proposed development exceeds the maximum permissible FSR for the site and would create a precedent to local developments.  The application is recommended for refusal. 

 

APPLICATION DETIALS

 

Property:

35 Vista Street, Greenwich

DA No:

DA 31/2017

Date Lodged:

30/3/2017

Cost of Work:

$1,200,000.00

Owner:

R F Wang & B Q Zhang

Applicant:        

Tracy Vicent

 

Description of the proposal to appear on determination

Demolition of an existing dwelling house and construction of a three storey dwelling house and a swimming pool at the front of the property

 

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.  However, the site is bushfire prone.

BCA Classification

Class 1a and 10b

Stop the Clock used

Yes – 2 days

Notification

The development proposal was notified in accordance with Council’s Notification Policy.  Refer to the Notification Plan in Attachment 1 (AT1).

 

 

SITE

 

Property

Lot No. 22 DP No. 3907

Area

655.18m2

Site location

The site is located at the western side of Vista Street to the south of Edwin Street in Greenwich.

Existing improvements

An existing single storey dwelling house is located on the site.  Vehicular access is via Vista Lane. 

Shape

The site is irregular in shape with a 14.33m frontage to Vista Street, 13.11m frontage to Vista Lane, 52.89m at the northern boundary and 47.06m at the southern boundary.

 

Dimensions

Width : 14.33m to the front and 13.11m to the rear

Depth: 52.89m to the north and 47.06m to the south.

 

Adjoining properties

East:  Vista Street then Hollway Reserve in E2 Environmental Conservation zone. 

West:  Vista Lane, then dwelling houses along the eastern side of Chisholm Street, Greenwich.

North:  A dwelling houses located on 33 Vista Street, Greenwich

South:  A dwelling house located on 37 Vista Street, Greenwich

 

PREVIOUS APPROVALS/HISTORY

 

There are no previous development applications lodged for the subject site in Council records.

 

The existing dwelling house on the site is not listed as a heritage item.  No objections have been raised to the demolition of the dwelling house.  Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL

 

The proposal involves demolition of the existing dwelling house and the construction of a three storey dwelling house and a swimming pool at the front of the property.  The proposed dwelling house is detailed as the follows:

 

 

Basement Level

 

·          Change room with toilet

·          Recreation room

·          Enclosed private courtyard room

·          Car parking area

·          Water tanks/plant room and

·          In-ground swimming pool at the front of the property.

 

Note: 

 

The GFA of the basement level is 113.85m2 exclusive of 40m2 for car parking requirement in accordance with Lane Cove DCP. 

 

Ground Level

 

·          Entry foyer faces Vista Lane

·          Two dining areas, kitchen, and living

·          Media room

·          Guestroom with ensuite

·          A bathroom

·          Enclosed outdoor patio

·          A deck.

 

The GFA of the ground level is 207.01m2

 

First Floor Level

 

·          5 bedrooms with ensuites.

·          A deck

 

The GFA of the first floor level is 158.12m2.

 

The total GFA of the proposed development is 478.98m2.

 

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 Low Density                                 Site Area:                               655.18m²

 

 

Proposed

Control

Complies

Floor Space Ratio

0.73:1

0.5:1

No

Height of Buildings

9.3 m

9.5m

Yes

 

Lane Cove Development Control Plan (DCP)

 

 

Proposed

Control

Complies

Front setback (min)

11.5m

Consistent with area or 7.5m

Yes

Secondary street setback (corner lots)

N/A

2m

N/A

Side setback (min)

1.5m

1.5m for two storey

Yes

Rear setback (min)

10.45m

<1000m²: 8m or 25%

11.76m required

No

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

8.2m

7.0m

No

Maximum Ridge height

9.3m

9.5m

Yes

Subfloor height (max)

1.1m

1.5m

Yes

Number of Storeys (max)

2 + basement

3

No

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

37%

35%

Yes

Cut and Fill (max)

2.2m cut for the basement

1m

No

Solar Access

More than 3 hours

3 hrs to north-facing windows

Yes

Provide for view sharing

The proposal comprises roof top terrace with pergola.

View share is required in accordance with the Court guidelines. 

No. The proposal would cause unacceptable loss of city view to 28 Chisholm Street, Greenwich. 

Deck/Balcony depth (max)

Roof top plant area proposed

3m

No

Private open space

67m2 at rear

24 m² (min)

4m minimum depth

Yes

Basix

Submitted with application

Required

Yes

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

The proposed garage could park 4 cars + 2 car spaces on the driveway

2

Yes, but excessive

Driveway width

4.3m

3m at the lot boundary

No.  However, it is considered acceptable as the driveway accesses laneway.

 

Garages Facing the Street

 

 

Proposed

Control

Complies

Setback of Carport Posts (min)

N/A

1m from street boundary

N/A

% of Allotment Width (garages)

4.3m

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

Yes

 

 

 

 

Private Swimming Pools

 

 

Proposed

Control

Complies

Setback to Neighbour’s House (min)

3m

3m to waterline

Yes

Setback to boundary (min)

1.5m

1m to waterline

Yes

Height (max)

(steeply sloping sites)

In-ground pool

1.0m

1.8m   

Yes

Pool location

At the front setback area

No pool is permitted within the front setback area

No

 

Fences

 

 

Proposed

Control

Complies

Front fence height (max)

No front fence proposed

Solid:   900mm

Lightweight:     1.2m

N/A

Side and rear fences

1.8m

1.8m

Yes

 

 

REFERRALS

 

Development Engineer

 

No objections subject to recommended draft conditions.

 

Tree Assessment Officer

 

No objections subject to recommended draft conditions.

 

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

 

Zone R2 Low Density Residential

 

Dwelling houses are permissible within R2 – Low Density Zone.  The application seeks consent for the demolition of an existing dwelling house and the construction of a new dwelling house with a swimming pool would not change the existing land use of the site.  The proposal is permissible within the zone. 

 

Clause 4.3 Height of buildings

 

The maximum height of a building on the land is 9.5m in accordance with the Height of Building Maps of the LEP.

 

The maximum proposed building height is 9.3m and the proposal meets the development standard.

 

Clause 4.4 Floor space ratio

 

(1)        The objectives of this clause are as follows:-

 

(a)        To ensure that the bulk and scale of development is compatible with the character of the locality.

 

(2)        The maximum floor space ratio for a building on the land is not to exceed the floor space ratio of 0.5:1 shown for the land on the Floor Space Ratio Map.

 

The definition of gross floor space (FSR) in the dictionary of the LEP is as follows:

 

Gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:

(a)        the area of a mezzanine, and

(b)        habitable rooms in a basement or an attic, and

(c)        any shop, auditorium, cinema, and the like, in a basement or attic,

 

but excludes:

(d)        any area for common vertical circulation, such as lifts and stairs, and

(e)        any basement:

(i)         storage, and

(ii)        vehicular access, loading areas, garbage and services, and

(f)         plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and

(g)        car parking to meet any requirements of the consent authority (including access to that car parking), and

(h)        any space used for the loading or unloading of goods (including access to it), and

(i)         terraces and balconies with outer walls less than 1.4 metres high, and

(j)         voids above a floor at the level of a storey or storey above.

 

Note: For the purpose of floor exemption from FSR calculation, a double garage is a maximum of 40m2. (Clause 1.9 of Part C1 of Lane Cove DCP)

 

The proposed dwelling house would have three levels.  The basement would comprise a change room, recreation room and an enclosed courtyard room and garage.  Part of the floor area of the basement is included in the GFA calculation in accordance with the LEP definition.  The maximum permitted GFA for the site is 327.59m2.  The proposed GFA is approximately 479m2 which would be 151m2 over the maximum permitted GFA for the site.  The proposal significantly exceeds the FSR standard of the LEP which would result in a development with an excessive basement being out of the character to the locality.  The building character of the surrounding development is a combination of single and two storey dwelling houses.

 

4.6       Exceptions to development standards

 

The objectives of this clause are as follows:

 

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

 

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

 

The Statement of Environmental Effects submitted with the development application states the following reasons for the exception to the FSR standard of the LEP:

 

·          The floor space within the basement level has been included in the FSR calculations.

 

·          The basement level includes a parking garage, mechanical space and a recreation/storage room.  The recreation/store room in the basement will be used for the purposes that generally are kept in the garage area of a house i,e. storage and gym equipment.  The area is not planned to be a living space as it is below grade with a minimum of natural light.

 

·         It is suggested that the basement area is mainly a storage area which is excluded from the floor space calculation. 

 

·         It is unnecessary for this regulation to be applied to this development on this site as this building area does not add extra bulk to the building form and wholly meets the objectives of the LEP.

 

Officer’s comment:

 

The proposed dwelling house comprising 7 bedrooms, 8 bathrooms and 3 living areas on the land with an area of 655.18m2.  The proposed FSR is 0.73:1 which is 46% in excess of the maximum permitted FSR for the site.  The proposal would require significant excavation for the construction of the basement and would significantly change the land form of the site.  The proposed dwelling house would be viewed as a four storey building from Vista Street.  The proposed built form would be incompatible with the building character of surrounding development within a low density residential area. 

 

The applicant has not demonstrated any environmental planning grounds to justify contravening the development standard and has not demonstrated any better outcomes to be achieved for allowing the development to exceed the FSR standard. 

 

The proposed development would not be in the public interest as it would be inconsistent with the objectives of the FSR standard and the zoning objectives. 

 

The exception to the FSR standard in these circumstances is not supported. 

 

Other Planning Instruments

 

SEPP 55 Remediation of Land

 

The subject site and adjoining sites are zoned for residential purposes. Given the type of use 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 those DCP controls that the proposal does not comply with.  Each departure is discussed below.

 

 

Proposed

Control

Comment

Council support

The main entry of the dwelling faces to Vista Lane which is different to adjoining dwelling houses with entries facing Vista Street.

Achieve development of a scale and appearance with is in keeping with the predominant traditional or emerging street and neighbourhood character. 

The proposed dwelling would not be in keeping with the streetscape.

 

 

No

Addition to the plant room in the basement, there is a plant area proposed on the roof.

 

To provide reasonable acoustic and visual privacy for neighbouring properties

The roof top plant area would have acoustic and over looking impacts to adjoining dwellings and their private open spaces.  It should be moved to the basement area to minimise impacts to adjoining properties. 

 

No

A maximum cut of 2.2m for the construction of the basement with GFA of 114m2 exclusive of water tank/plant room and 40m2 of the garage

Development is limited to a maximum depth of excavation of 1m at any point on the site

The proposed excavation for the construction of the basement is excessive.  The proposed excavation would create adverse impact on the stability of adjoining properties. 

No

The proposed building with roof structure has an appearance of 4 storeys and the wall height is 8.6m. 

The maximum wall height to the underside of eaves for any floor above ground level is 7.0m to minumise the bulk and massing.

 

No building will be permitted to have an appearance (in elevation) exceeding 3 storeys in height

The proposed building would be 4 storeys in height from Vista Street.  The bulk of the proposed building is considered excessive. 

No

The proposed swimming pool is located at the front setback area behind a high wall viewed from Vista Street.

 

The front setback is to be free of structures such as swimming pools (Clause 1.3.1(c) of Part C1).

 

Swimming pools and spas are to be located behind the front building line (Clause 1.10.1 of part C1).

The proposed swimming pool is located in close proximity to the adjoining dwelling house at 37 Vista Street.  The pool should be located at the rear of the property away from the adjoining dwelling house. 

No

 

The proposed dwelling house and the swimming pool are not in keeping with the development patterns of the surrounding dwelling houses.

 

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

 

The development proposal was notified in accordance with Council’s notification policy between 22 March 2017 and 5 April 2017.  15 Submissions were received in response to the notification of the development proposal.  The concerns raised by the submissions are discussed below:

 

·         The proposed house exceeds the maximum permissible FSR by a considerable amount.

 

Officer’s comment:

 

The proposed FSR significantly exceeds the maximum permitted FSR for the site.  The proposed built form would be incompatible to the building character of the dwelling houses within a low density residential area.

 

·         The roof terrace would create over looking impacts to the adjoining properties.

 

Officer’s comment:

 

The proposed dwelling house comprises a roof plant area shown on the elevations.  However, the details of the roof plant area including the location, the size, and the access are not shown on the floor plans.  The applicant has not provided adequate information relating to the proposed roof terrace.  The roof terrace should be deleted and the plant area should be moved to the basement area.

 

·         The proposed built form is excessive.

 

Officer’s comment:

 

The proposed dwelling house is 4 storeys in elevations and fails to meet the building height provisions of the DCP.  This objection is supported. 

 

·         The proposed swimming pool should be located at the rear of the property.

 

Officer’s comment:

 

It is agreed that swimming pools should be located at the rear of the property to minimise amenity impacts to the adjoining properties and the visual impact to public domain.  This comment is supported.

 

·         The proposed construction would cause traffic congestion to the local residents.  There is a need to enforce on-site parking for construction vehicles during the entire construction period.

 

Officer’s comment:

 

All vehicles should comply with the traffic regulations.  If development consent is granted, the traffic congestion caused by the construction vehicles would be short term.  This concern would not be a valid reason for the refusal the development application. 

 

·         This is an over development of the location.

 

Officer’s comment

 

The objection is supported because the proposed FSR is excess and the built form is out of character within a low density residential area.

 

·         Excessive construction noise

 

 

 

 

Officer’s comment:

 

The proposal involves a significant excavation for the construction of the basement and swimming pool which would change the land form.  The size of the basement does not meet the provisions of the Lane Cove DCP and is considered excessive. 

 

·         The proposed building would create adverse visual impact to the public domain.

 

Officer’s comment:

 

The proposed dwelling house would be 4 storeys viewed from the public reserve opposite the site.  The bulk, scale and the presentation to the street and the lane is considered excessive.

 

·         It is inappropriate to plant an Angophora costata tree at the front of the property.

 

Officer’s comment:

 

The proposed landscape plan shows one Angophora costata (Sydney red gum) in the front yard of the property.  Council’s tree assessment officer supports the planting of locally native trees which enhance the overall streetscape and advised Council has no control over what trees are planted on private property. 

 

All submissions have been taken into consideration during the assessment process.  The valid objections raised by the submission are supported.  Supporting the proposal would not be in public interest. 

 

CONCLUSION

 

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

 

The proposed design does not meet with the Floor Space Ratio of the Lane Cove LEP.  The built form is not considered compatible with the building character within low density residential zone.

 

The written request to the exception of the FSR standard has not demonstrated that the proposed design would achieve any better outcomes by the variation. 

 

The proposal would not meet various building controls of Part C Residential Development objectives in the Lane Cove Development Control Plan.

Nearby residents raised valid objections to the proposed development.

 

On balance the proposed development is considered excessive in bulk, scale and built form and is unreasonable and therefore recommended for refusal.

 

The applicant has been encouraged to reconsider their proposal and submit a complying application. 

 

 

 

 

 

 

 

 

 

RECOMMENDATION

 

That pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application DA 31/2017 for the demolition of the existing dwelling house and the construction of a three storey dwelling house and a swimming pool at the front of the property on Lot 22, DP 3907 and known as 35 Vista Street, Greenwich for the following reasons:

 

1.         The proposed development does not comply with the floor space ratio (FSR) for the site in accordance with Clause 4.4 of the Lane Cove Local Environmental Plan 2009.

 

Particulars

 

(a)        The maximum permitted FSR for buildings on the proposed lot is 0.5:1 in accordance with the Floor Space Ratio (FSR) Map of Lane Cove Local Environmental Plan 2009.

 

(b)        The FSR of the proposed building on the site is 0.73:1 which exceeds the LEP standard. 

 

2.         The applicant has not adequately addressed the provisions of Clause 4.6 - exceptions to development standards of the Lane Cove Local Environmental Plan 2009.

 

Particulars

 

(a)        Clause 4.6(3) of Lane Cove Local Environmental Plan 2009 states development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

 

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

 

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

 

(b)        Clause 4.6(4) of the Lane Cove LEP 2009 states development consent must not be granted for development that contravenes a development standard unless Council is satisfied that:

 

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

 

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

 

(c)        Council has considered that the proposed development would not be in the public interest because it is inconsistent with the objectives of Clause 4.9 of the Lane Cove LEP.

 

3.         The proposed development would reduce the amenity of the adjoining neighbouring properties. 

 

Particulars

 

(a)        The proposed building design would be inconsistent with the development patterns of the adjoining dwelling houses by locating the main entrance to Vista Lane. 

 

(b)        The proposed swimming pool located at the front setback area would create acoustic and amenity impacts to the adjoining house to the south and the street generally and possibly the foreshore.

 

(c)        The proposed roof terrace would overlook to the adjoining properties.

 

4.         The proposal does not meet the building design provisions in Part C.1 of Lane Cove Development Control Plan.

 

Particulars

 

(a)        The proposal does not meet the objectives of Clause 1.7 Building Design of Part C.1 of the DCP which requires to minimise impact in terms of overshadowing, loss of privacy, light spillage to adjoining properties, loss of views and amenity.

 

(a)        The proposed development would not retain the natural ground levels of the site and its existing landforms particularly in relation to the street or adjacent private open space of the adjoining properties.

 

(b)        The proposed excavation is excessive. 

 

(c)        The proposed building is incompatible with the building character of the surrounding developments in a low density residential area.

 

(d)        The existing streetscape and adjoining bushland and foreshore would be adversely affected by the presence of a swimming pool in this position.  

 

5.         The design of the proposed swimming pool does not meet the objectives of Clause 1.10 for ancillary developments of Lane Cove Development Control Plan. 

 

Particulars

 

(a)        The proposed swimming pool is too close to the adjoining dwelling house at 37 Vista Street.  The proposed swimming pool would compromise the amenity of adjoining dwelling.

 

(b)        It would not achieve to minimise acoustic impacts.

 

 

(c)        The proposed swimming pool is approximately 2.5m to the adjoining dwelling house at 37 Vista Street. 

 

(d)        The location of the pool pump/filter is not shown on the proposed plans.  The applicant has not provided detailed information to demonstrate the proposed development complying with the DCP provisions.

 

6.         The proposal is not in the public interest.

 

Particulars

 

(a)        The proposed development is an over development to the site.

(b)        Valid objections were raised by adjoining and nearby neighbours.

(c)        The proposed development would set unacceptable precedents.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Site Location Plans

2 Pages

 

AT‑2View

Neighbour Notification Plan

2 Pages

 

 

 


 

Independent Hearing and Assessment Panel   2 May 2017

19 Bay Street, Greenwich

 

 

Subject:          19 Bay Street, Greenwich     

Record No:    DA17/9-01 - 9777/17

Division:         Environmental Services Division

Author(s):      Michael Stephens 

 

 

Property:

19 Bay Street, Greenwich

DA No:

DA9/2017

Date Lodged:

30 January 2016

Cost of Work:

$800,000

Owner:

J G & J L Robinson

Applicant:        

John and Jean Robinson c/ Malcolm McDivitt Architects.

 

Description of the proposal to appear on determination

Alterations and additions to an existing dwelling house

Zone

R2 Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No - Adjacent to Schedule 5 Heritage Item 65, listed as streetscape elements.

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 1a and 10a

Stop the Clock used

Yes

Notification

Neighbours

17 Bay Street and 6, 8, 10, 12, 14, 16, 18 Robertson Street.

Ward Councillors

East Ward

Progress Association

Greenwich Community Association.

Other Interest Groups

 

2nd Notification (Extended Area) Re: Loss of Public Parking Spaces along Bay Street

Neighbours

2, 4, 6, 8, 10, 11, 13, 17 Bay Street, 6, 8, 10, 12, 14, 16, 18 Robertson Street and 81, 79, 77, 75, 73, Carlotta Street

Ward Councillors

East Ward

Progress Association

Greenwich Community Association.

Other Interest Groups

Greenwich Flying Squadron Yacht Club

 

SITE

Property

Lot 7 DP 666601

Area

940m2

Site location

Northern (high) side of Bay Street approaching the end of the Street.

Existing improvements

Single Storey Dwelling House

Shape

Irregular

Dimensions

Width - Average Approximately 45m.

Depth - Average Approximately 20m                          

Adjoining properties

East - Dwelling House                                                     

West - Ferry Wharf

North - Dwelling House                                                     

South - Bay Street then Lane Cove River.

SITE DISCRIPTION

 

The site is located on the lower portion of the slope from Robertson Street down to Lane Cove River.  The site is generally flat due to previous excavation towards the north of the site and fill on the southern side. There is a 4.5m sandstone retaining wall across the width of the site abutting the southern boundary to Bay Street. Site access is gained  via a public through access stairs that run along the eastern side of the property from Bay Street up to Robertson Street. 

 

There is an existing single storey dwelling located centrally on the site with areas of lawn and gardens surrounding with a number of mature trees throughout the site. There is no onsite parking or vehicular access.

 

Bay Street, particularly at this end, is very narrow. There are three public parking spaces located opposite the site.  Site Location Plan (AT1), Neighbour Notification Plan (AT2), Supplementary Notification Plan (AT3) attached.

 

PREVIOUS APPROVALS/HISTORY

CDC09/2004

Alterations and Additions to a dwelling house

DA257/1997

Alterations and Additions

 

PROPOSAL

 

Alteration and Addition to a single storey dwelling house, including:

 

Ground Floor

·          Additions on the eastern side to include a bedroom, living area, ensuite, half bathroom and extended deck.

·          Internal alterations to relocate the laundry and to include a lift and stairs. 

 

First Floor

·          Two Bedrooms, ensuite and a sitting room.

·          Large wrap around balcony.

·          Lift and stairs

 

Basement

·          Parking for four vehicles including maneuvering space.

·          Access corridor and small foyer to lift and stairs.

 

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 Low Density                                 Site Area:  940.78m²

 

 

Proposed

Control

Complies

Floor Space Ratio

0.46:1

0.5:1

Yes

Height of Buildings

8.2m

9.5m

Yes

 

FSR Calculation:

                Ground Floor = 213.14m2

            Lower Ground Floor = 171.63m2

                                Including Garage (40m2 exempt from FSR)

First Floor =88.53m2

FSR = (Total Floorspace 433.3m2 / Site area 940.78m2) :1

FSR= 0.46:1

 

Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

3.3m

Consistent with area or 7.5m

No

Side setback (min)

East - 7.6m

West - unchanged

1200mm single storey

1500mm two storey

Yes

Unchanged

Rear setback (min)

Unchanged

<1000m²: 8m or 25%

>1000m²: 10m or 35%

Unchanged

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

5.8m

7.0m

Yes

Maximum Ridge height

8.3m

9.5m

Yes

Subfloor height (max)

300mm

1.0m

Yes

Number of Storeys (max)

2 - plus basement

2

Yes

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

57% (536m2)

35%

Yes

Foreshore Building Line (min)

Test 2 - The proposed dwelling is setback 3.3m from the man made escarpment.

Test 2 - 2m from escarpment

Yes

Cut and Fill (max) for Basement Parking

4.8m of Excavation across a 200m2 area. 

1m

No, considered excessive

Cut and Fill (max) to site the dwelling

3m at north eastern corner

1m

No, although supported

Solar Access

All shadows are contained within the site boundaries or across the roadway.

3 hrs to a portion of windows of habitable rooms and reasonable access to recreation areas between 9am and 3pm on 21st June for the subject site and neighbouring dwellings

Yes

Provide for view sharing

The adjoining property above would not have its views impacted as it is located at a sufficiently high enough RL in comparison to the subject sites proposed ridge line. 

Tenacity Principal

Yes

Deck/Balcony depth (max)

2.5m - First Floor

3m if elevated >1m

Yes

Private open space

Unchanged

24 m² (min)

4m minimum depth

Unchanged

Basix

Cert No: A270509

Required

Yes

 

 

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

4

2

No - in excess

Driveway width

4.0m

3m at the lot boundary

No

 

Carports within the Front Setback & Garages Facing the Street

 

 

Proposed

Control

Complies

Setback of Carport Posts (min)

Nil

1m from street boundary

No

% of Allotment Width (garages & carports)

4m

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

Yes

 

REFERRALS

 

Development Engineer

 

The proposal was referred to Council’s Development Engineer who reported on 14 February 2017 that further information was required in order to assess the validity of the functioning of the proposed basement parking. The following information was requested in a letter to the applicant dated 21 February 2017.

 

·         A long section is required for the proposed driveway to demonstrate access is achievable in accordance with AS2890.1

·         Turning templates are required to demonstrate maneuverability in out of the proposed garage is achievable without conflicting with the existing parking bays along Bay Street, and in accordance with AS2890.1.

·         Details of proposed retaining structures on Council land are required either side of the proposed driveway

 

The applicant provided an addition basement plan and long section of the proposed driveway on 1 March 2017. The additional plans were referred back to the Development Engineer who reported on 4 March 2017 that:

 

·         OSD is not required as the site is within Councils OSD exclusion zone. The proposed driveway on Council Property proposes a battered sandstone retaining wall.

·         A positive covenant in favour of Council has been conditioned for the removal of structures for clarity regarding the property owner’s future responsibilities.

·         The proposed garage parking maneuverability conflicts with the adjacent public car spaces in Bay Street. This matter needs to be resolved and supported by Council’s traffic manager prior to approving this application.

·         The excavation has been conditioned.

 

An additional referral was requested from the Manger of Traffic and Transport (See Below) given the conflict with the parking spaces.

As a result of their assessment 17 Draft Conditions were recommended. For a number of reasons the excavation for the basement garage is not supported and therefore Draft conditions in regards to excavation, parking and the driveway may not be required.  

 

 

 

 

 

Manger Traffic and Transport

 

The proposal was referred to Council’s Manager of Traffic and Transport given the potential loss of public parking spaces along Bay Street. The application was referred by the Manger of Traffic and Transport to the March Traffic Committee Meeting.

 

Traffic Committee Meeting - March

 

The Traffic Committee Meeting occurred 28 March 2017. Minutes from the Meeting stated:-

 

·         There is a lack of parking for the Greenwich Flying Squadron, which is just down the road of the on-street parking spaces at risk;

·         The RMS representative did not object to the proposed development of the private basement carpark; and

·         RMS representative advised that the Council nevertheless notify the local residents before considering the approval of this DA.

 

In response to the RMS advice additional notification was undertaken re-notifying residents and extending the notification to residents along the length of Bay Street and the Greenwich Flying Squadron Yacht Club outlining that the proposed development may result in the loss of public street parking along Bay Street. A number of submissions were received and the Manger of Traffic and Transport informed.

 

The Manager of Traffic and Transport reported on 19 April 2017 that the swept path diagrams show that entry and egress to the basement parking would require removal of two on-street public car parking spaces and was not supported for the following reasons.

 

·         The location of the site is in close proximity to Greenwich ferry terminal. As such, there is high demand for parking in the area;

·         The matter was considered at the March 2017 Local Traffic Committee where the Committee suggested for the community notification. During the community notification process, Council has received a number of objections on the loss of on-street parking to accommodate off-street parking facility to the subject development; and

·         It is considered that the proposed loss of two on-street parking would adversely affect the local residents and visitors in the area.

 

The proposed location of the vehicular access is at the bend which would compromise sightlines to oncoming traffic and would create a traffic safety issue.

 

As a result of their assessment no Draft Conditions were recommended.

 

Tree Assessment Officer

 

The proposal was referred to Council’s Senior Tree Assessment Officer who reported on 24 February 2017 that the application could not be supported in its current form due to the excavation proposed that would result in the loss of the mature Argyle apple (a Eucalyptus Tree). No objection was raised to the loss of the tree smaller trees (one small Lemon scented myrtle tree and one small Pittosporum tree and one small street tree). It would be required that excavation be avoided within 4m distance of the Argyle apple to ensure its ongoing good health and not affect its anchorage.  

 

Town Planner’s Comment: For a number of reasons the excavation for the basement garage is not supported, therefore the mature Argyle apple would be retained.

 

As a result of this assessment and further review 7 Draft Conditions have been included in the recommendation of this report.

 

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 permissability issues in regard to the Lane Cove Local Environmental Plan 2009.

 

Heritage - Clause 5.10

 

As the subject site is within the vicinity of a heritage item under subclause 4 of clause 5.10 an assessment is required to be made of the effect the proposal may have on the heritage significance of the heritage item.

 

The heritage item in question is listed under the LCLEP 2009 Schedule 5 as Item 65 and is described as streetscape elements. These include the sandstone steps that adjoin the eastern boundary of the site, which are visually integrated with the sandstone wall along  the front of the property.

 

Demolishing the 4.0m high sandstone wall and replacing it after the construction of the basement parking would disrupt the heritage fabric especially given the heritage item is described as being significant as “Surviving examples of early suburban street planning incorporating the natural land form and materials”. The proposed alterations to the sandstone retaining wall at the front of the property are not supported based on the potential impact to adjoining the Heritage Item.

 

Other Planning Instruments

 

Deemed SEPP - Sydney Regional Planning Policy (Sydney Harbour Catchment) 2005

 

The site is located on the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Map entitled “Foreshores and Waterways Area Map” “Boundary” and therefore the provisions of the SREP are applicable to development on the site.

 

An established planning principle states that “Development that is visible from the waterways or foreshores is to maintain, protect and enhance the unique visual qualities of Sydney Harbour.” The Sydney Harbour Foreshore Area Development Control Plan outlines the visual character statements for the varying areas around the Harbour and establishes performance criteria in which the development is to satisfy.

 

The site is identified as Type 9 applying to the Greenwich Point area. The intent is to retain the natural features and only encourage development that is consistent with the scale, design and sitting of that which exists.

 

The proposed alterations and additions to the dwelling house would not have a negative impact on the landscape character of the site and surrounding area. The dwelling is in scale with the development of the locality and the overall height of the building does not breach the ridgeline above. 

Whilst the stone retaining wall that surrounds the southern side of the property is manmade, the use of a natural material feature does align with the criteria to maintain and not obscure natural features, rock outcrops and cliff lines. The proposed excavation would require a section of the wall approximately 14m wide to be removed and reinstated. An opening for the garage door 4.0m wide and an opening 1.2m wide for the entryway would be required. The proposed openings and pathway on Council land would also require the removal of vegetation from the verge that acts to screen and soften the large expanse of the wall.

 

The loss of vegetation and the inclusion of contrasting built elements, to what is currently a sympathetic element of the property to the natural surrounds, would have an overall negative visual impact.

 

Furthermore as stated by Council’s Senior Tree Assessment Officer the excavation for the basement parking would require the removal of a mature Argyle apple (a Eucalyptus Tree) which would have a negative visual impact on the landscape as seen from the waterways. This issue is ameliorated as the proposed basement parking is not supported.

 

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 those controls that the proposal does not comply with.  Each of the departures is discussed below.

 

Control

Proposed

Comment

Council support

DCP Pt C 1.3.1 Front Setback

3.3m

See Discussion Below

Yes

DCP Pt C 1.6 d) Cut and Fill – 1m

Basement

4.0-4.5m of Excavation across a 200m2 area. 

No

DCP Pt C 1.6 d) Cut and Fill – 1m

Dwelling Additions

Up to 3m for an area 2.8m by 6m

Yes

DCP Pt R - Number of Parking Spaces per dwelling = 1

4 Spaces

No - in excess

 

DCP Pt C - 1.9.1 Driveway Width - 3.0m

4.0m

No objection is raised to the slight increase in driveway width that would be required to facilitate entry and egress to the site.

The basement parking is not supported and therefore the driveway is not required.

 

Front Setback

 

The site orientation results in an allotment that is significantly wider than it is deep. The existing dwelling is located with respect to this and has a minimum front setback of 4.5m. The additions to the east would result in a front setback of 3.3m as the site tapers back following Bay Street. There is no prevailing setback within the street in which the proposed dwelling should align to. Being located on the podium level and having an increased setback of 5.3m to the first floor minimises the visual impact of the dwelling on the streetscape.

 

The wide side setback (east) and resulting building separation to the adjoining dwelling ensures that their amenity is not compromised by the proposed dwelling reduced front setback. There are significant areas of landscaping throughout the site. The proposed increase in the building footprint and in turn reduced setback would not contradict the relevant objective.

 

Cut and Fill for Basement

 

The proposed excavation required in order to construct the basement garage and internal access is considered excessive. An area of approximately 200m2 is required to be excavated by between 4-4.5m in depth. As a result approximately 800m3 of material would be required to be excavated and removed from the site. 

 

The following objective relating to Cut and Fill under Part C1.6 of the DCP is not meet.

 

3) To minimise the extent of cut and fill and its impact alongside boundaries.

 

Comment: The objective is not meet as the excavation proposed is excessive.

 

The following provisions relating to Cut and Fill under Part C1.6 of the DCP are not meet.

 

b) The area of the site contained within the building footprint can be excavated or filled only where it is necessary to reasonably construct a dwelling on steeply sloping sites.

 

Comment: The excavation is not required in order to site the dwelling or the proposed additions. The excavation is proposed in order to facilitate ancillary development on the site.

 

d) Development is limited to a maximum depth of excavation or fill of 1m at any point on the site unless it is demonstrated that the site’s slope is too steep to reasonably construct a 2 storey dwelling with this extent of excavation.

 

Comment: In order to construct the basement parking excavation is required up to a depth of 4.5m.

 

f) Excavation or fill is not to result in the loss of any significant mature trees within the side, front or rear boundary setbacks.

 

Comment: Excavation would result in the loss of one mature Argyle apple (a Eucalypts species)

 

As the proposed excavation would be contrary to the objective and provisions for cut and fill as specified in the Lane Cove DCP the variation to the control is not supported.

 

Cut and Fill to site the Additions to the Dwelling

 

The topography of the site in the north eastern corner would require excavation in order to site the footprint of the proposed additions in a steeply sloping area of the site. The excavation is for a small area only and would not impact upon adjoining boundaries as it is sufficiently setback. There would be a loss of some vegetation although the mature trees are to be maintained. The variation to the control is supported for these reasons.

 

Number of Car Parking Spaces

 

The proposed basement parking provides spaces for 4 vehicles. Given the excessive nature of excavation required the number of spaces is considered excessive in its own right and is not supported.

 

SUITABILITY OF THE SITE FOR DEVELOPMENT (Section 79c (1)(c) EPA&A ACT 1979

 

The site is not suitable for the proposed development as detailed. In order to provide vehicular access to the site for the purpose of on-site parking significant excavation would be required that far exceeds a level that would be acceptable for a dwelling house, especially given the R2 Low Density Zoning.

 

The location of the site would result in significant impacts to the surrounding neighbours during the excavation and construction phase of the development. Site access is limited to Bay Street which is characterised as a narrow, steep and quiet cul-du-sac. The volume of trips required by heavy vehicles would be excessive given the nature of the locality and the narrow road infrastructure.  Construction noise would be unreasonable on neighbours given the significant amount of infill and sandstone that is to be excavated and removed from the site. 

 

Whilst is it appreciated that the driveway is located in the most ideal position to minimise the depth of excavation, as the south eastern corner of the site has the least change in its relative level to the roadway below, its location still raises a number of issues. Significant works would be required on Council Land to construct the driveway including retaining walls. In order to facilitate entry and egress from the site two public parking spaces would be required to be removed. Vehicle sightlines along Bay Street would also be compromised due to the close proximity to the bend in the road and the remaining vegetation on the verge either side of the vehicle crossing.

 

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

 

The application was notified in accordance with Council’s Notification Policy on 3 February 2017 for 14 days. No responses were received.

 

The application was notified for a second time on 7 March 2017 based on the advice received by the RMS representative of the Lane Cove Traffic Committee. The notification letter outlines the potential loss of public parking spaces along Bay Street. The notification area was increased to include all properties along Bay Street and the Greenwich Flying Squadron Yacht Club who are located at the bottom of the Street.

 

As a result of the 2nd notification 5 submissions were received. The submissions have been generally summarised and comments made by Council’s Assessment Town Planner.

 

·         Concern the proposed development would result in the loss of two public parking spaces. (5 Submissions - 4 From Residents and 1 from the Greenwich Flying Squadron Yacht Club)

 

Town Planners Comment:  Council’s Manger of Traffic and Transport is in agreement that the loss of on street parking in Bay Street would have a negative impact on the surrounding residents and visitors to the area. This concern forms one of the reasons that the proposed basement is not supported. 

 

·         Concern the safety of pedestrians traveling from the Ferry to the stairs abutting the property would be affected. (1 Submission)

 

Town Planners Comment:  Whilst this concern is ameliorated as the proposed basement parking is not supported the issue was still considered. There would be some interference with the sightlines to pedestrians although the proposed driveway is of sufficient distance from the pedestrian stairs to achieve a sight triangle. An appropriate condition may be required for the maintenance of vegetation adjoining the verge were an approval to be given.

 

IMPACTS OF THE DEVELOPMENT (Section 79C (1)(b) EPA&A ACT 1979)

 

The proposed alteration and additions to the dwelling provide for the needs of the residents without having an undue impact on the natural environment or adjoining neighbours. Given the difficult access to the site the proposed internal pedestrian access from street level is reasonable in this context.  The proposed dwelling is in keeping with the scale of development within the locality. Despite the noncompliant front setback the overall streetscape is maintained. The bulk of the dwelling house cannot be viewed from street level. The existing sandstone retaining wall along the front of the property accounts for the majority of the visual interest in regards to the streetscape.

 

The bulk and scale of the proposed dwelling house is acceptable and due to the overall lot size and orientation is located such that the amenity of the adjoining neighbours is maintained. Any additional overshadowing occurs only across the subject site or Bay Street below.

 

The majority of windows are orientated to the south and therefore do not result in overlooking to adjoining properties. Despite the proposed first floor balcony and widows on the eastern elevation the adjoining neighbours dwelling to the east is setback so as not to create an opportunity for overlooking to its windows or private open space. There is also significant screening vegetation along this boundary. 

 

The proposed basement parking cannot be accommodated without having significant and unacceptable impacts to the natural and built environment. The scale of excavation and the loss of public parking spaces adjacent to the property would adversely impact both the wider community and the immediate neighbours, and is therefore recommended that such not be included where an approval is to be considered. 

 

THE PUBLIC INTEREST (Section 79C (1)(e) EPA&A ACT 1979)

 

The loss of two public parking spaces in order to facilitate private development would not be in the public interest.

 

The extensive excavation works would result in unnecessary excavation and the loss of amenity to the surrounding neighbours and would not be in the public interest.

 

Removing existing vegetation, trees and disturbing the existing sandstone wall would have a negative impact on how the property when viewed from the street and the Harbour, and therefore would not be in the public interest.

CONCLUSION

 

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

 

In regards to the proposed alteration and additions to the dwelling house, the application is reasonable in this context and 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. The internal pedestrian access from street level is supported given the constraints of the site.

 

The proposed basement parking however is not supported as it does not satisfy the matters in relation to Section 79C of the Environmental Planning and Assessment Act 1979. The site is not suitable for the scale of development, the development would have negative impacts to the environment and surrounding neighbours and is not deemed to be within the public interest. All aspects of the basement parkingare recommended to be excluded were an approval of the application is considered. 

 

 

RECOMMENDATION

 

Part A

 

That pursuant to section 80(1)(b) and 80(4)(b) of the Environmental Planning and Assessment Act 1979, the Council refuses development consent to Development Application DA9/2017 for the proposed basement parking on Lot 7 DP 666601 known as 19 Bay Street, Greenwich for the following reasons.

 

1.         That the proposed excavation is excessive and would have negative impacts on the environment and nearby residents.

 

Particulars

 

a)         Clause 1.6(b) and (d) in Part C.1 of LCDCP 2009 provide as follows:

            b)         The area of the site contained within the building footprint can be excavated or filled                         only where it is necessary to reasonably construct a dwelling on steeply sloping sites.

 

            d)         Development is limited to a maximum depth of excavation or fill of 1m at any point                         on the site unless it is demonstrated that the site’s slope is too steep to reasonably                         construct a 2 storey dwelling with this extent of excavation.

b)         The development exceeds the control for maximum cut and fill of 1.0m as in order to construct the basement excavation of between 4-4.5m is required across an area approximately 200m2.

 

c)         The excavation is proposed in order to facilitate ancillary development on the site and is not required in order to site the dwelling house or the proposed additions.

 

2.         That the proposed vehicular crossing would require the removal of on-street public parking spaces.

 

 

 

Particulars

 

a)         The swept path diagrams show that entry and egress to the basement parking would require the removal of two on-street public car parking spaces

 

b)         There is high demand for parking within the area due to limited on-street parking available and the various amenities within the vicinity.

 

c)         The removal of public parking spaces would not be within the public interest.

 

3.         That the proposed excavation would require the removal of a mature Argyle apple tree.

 

Particulars

 

a)         Council’s Senior Tree Assessment Officer has stated that the tree is to be retained and protected.

 

4.         That the proposed development would have an adverse impact on the Sydney Harbour Catchment and its foreshores.

 

Particulars

 

a)         The site is located on the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Map entitled “Foreshores and Waterways Area Map” “Boundary”.

 

b)         The removal of the Argyle apple tree would have adverse visual impact as to how the development is viewed from the Harbour and would be contrary to the performance criteria outlined within the Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 for the Landscape Character or the Area which is identified as type 9.

 

c)         Creating large openings for the garage in the stone wall along the southern boundary of the property would be contrary to the performance criteria outlined within the Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 for the Landscape Character or the Area which is identified as type 9.

 

5.         That the proposed vehicular crossing would create a traffic safety issue.

 

Particulars

 

a)         The proposed vehicular crossing is located on a bend in the road.

 

b)         Appropriate sightlines are not provided for vehicles to egress the site without creating potential conflict with other road users.

 

6.         That this aspect of the development is not within the public interest.

 

Particulars

 

a)         The loss of public parking spaces would not be within the public interest.

 

b)         A number of submissions were received outlining the impact the development would have on the community.

 

c)         The scale of the development would create adverse impacts on the neighbouring residents during the course of construction that would be unacceptable given the quiet nature of the locality and that the site is zoned R2 Low Density Residential.

 

Deferred Commencement

 

Part B

 

That pursuant to section 80(3) and 80(4)(b) of the Environmental Planning and Assessment Act 1979, the Council grants deferred development consent to Development Application DA 9/2017 for alterations and additions to a dwelling house subject to the following conditions.

 

The consent will not operate until Council is satisfied the following matters have been addressed.

 

·         Plans are to be amended and provided to Council indicting that all aspects of the development refused under Part A of the determination have been deleted.

 

The above requirement(s) must be satisfied within 12 months of this determination.

 

Pursuant to Clause 95(5) of the Regulations under the Act, Council will notify the applicant in writing as to if Part B of this consent has been satisfied and the date from which the consent shall operate.  

 

Part C

 

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

 

Details of the amended plans are to be inserted by Council once Part B of this consent is satisfied.

 

except as amended by the following conditions.

 

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

 

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

 

4.         (11)  Council approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is 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. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.

 

5.         (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.

 

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

 

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

 

Monday to Friday (inclusive)              7.00am to 5.30pm

Saturday                                                         7.00am to 4.00pm

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

 

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

 

8.         (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.

 

9.         (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.

 

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

 

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

 

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

b)                  All reinforcement prior to filling with concrete.

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

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

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

f)                   Waterproofing of wet areas.

i)                   Stormwater drainage lines prior to backfilling.

k)                  Completion.

 

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

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

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

 

16.       (63) All metal deck roofs being of a ribbed metal profile, in a mid to dark colour range with an anti glare finish. The intent of the condition is to reduce sun reflection and glare to protect the amenity of the surrounding resident.

 

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

a          Dampcourse level;

b          The establishment of the first floor level;

c          The roof framing; and

d          The completion of works.

 

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

 

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

 

 

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

 

20.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work.

 

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.       (130)  Compliance with the Waste Management Plan submitted along with the application.

 

24.       (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.

 

25.       (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.

 

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

 

Tree Preservation Conditions

 

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

 

28.       (302)  The applicant must obtain a Tree Preservation Order Work Authority prior to removal of any trees. A permit must also be obtained prior to pruning of any tree including the cutting of tree roots greater than 40mm in diameter. Trees approved for removal on the stamped plans are exempt from this condition of consent.

 

29.       (354)  Bulk excavation or excavation for strip footings, service lines including storm water lines or sewer lines is NOT PERMITTED within 4 metres of any tree greater than 4m in height; including neighbouring trees. If approved excavation work is required within 3m of the trunk of trees, this work must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged.

 

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

 

31.       (317) The Argyle apple tree standing in the northeast corner of the allotment must be retained and protected. A 1.8m high chain mesh fence shall be erected a radial distance not less than 4 metres measured from the trunk. The tree protection zone shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection zone shall remain undisturbed.

 

32.       A waterproof sign must be placed on the tree protection zone stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

33.       (new) All tree protection measures and signage must be erected PRIOR TO COMMENCEMENT OF WORK. This includes demolition or site preparation work and, tree protection measures must remain in place for the duration of the development including construction of the driveway crossing.

 

General Engineering Conditions

 

34.       (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.

 

35.       (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. 

 

36.       (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.

 

37.       (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.

 

38.       (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.

 

39.       (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.

 

40.       (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’.

 

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

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

 

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

 

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

 

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

 

43.       (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

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

 

45.       (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.

 

46.       (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

(a)        seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

(b)        detail what measures are to be taken to protect those properties from undermining  during construction

(c)        provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties

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

 

(d)        Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

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

All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

Engineering condition to be complied with prior to commencement of construction

 

47.       (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

 

48.       (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. 

 

 

 

49.       (E8) Positive Covenant - Removal of Structures:  Documents giving effect to the creation of a Positive Covenant for the removal of all structures located on Council land in favour of the new pedestrian access shall be registered on the title of the property. The creation of a Positive Covenant under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to remove all structures should Council or any authority need to gain access to the land. The wording of the terms of the Positive Covenant shall be in accordance with those issued by Council. The documents prepared shall be submitted to Council prior to registration with the Land and Property Information and prior to the issue of the Occupation Certificate.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Site Location Plan

1 Page

 

AT‑2View

Neighbour Notification Plan

2 Pages

 

AT‑3View

Supplementary Neighbour Notification Plan

1 Page