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Agenda

Lane Cove Local Planning Panel Meeting

5 November 2019, 5:00pm

 

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Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Lane Cove Local Planning Panel Meeting, to be held in the Council Chambers, 48 Longueville Rd, Lane Cove on Tuesday 5 November 2019 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

 

Lane Cove Local Planning Panel Meeting Procedures

 

The Lane Cove Local Planning Panel (LCLPP) 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 Lane Cove Local Planning 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 LCLPP 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 LCLPP, 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.

 

 

 


Lane Cove Local Planning Panel 5 November 2019

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.

 

 

 

 

 

Lane Cove Local Planning Panel Reports

 

1.       22B Haughton Street, Linley Point .................................................................. 4

 

2.       608-616 Mowbray Road and 23 Mindarie Street, Lane Cove North....... 4

 

 

 

 

 

 


 

Lane Cove Local Planning Panel Meeting 5 November 2019

22B Haughton Street, Linley Point

 

 

Subject:          22B Haughton Street, Linley Point     

Record No:    DA19/81-01 - 59894/19

Division:         Environmental Services Division

Author(s):      Greg Samardzic 

 

 

 

Property:

22B Haughton Street, Linley Point

DA No:

DA 81/2019

Date Lodged:

4 July 2019

Cost of Work:

$510,000.00

Owner:

P & A Dehsabzi

Applicant:                        

Pamir Dehsabzi and Anita Dehsabzi

 

Description of the proposal to appear on determination

Alterations and additions to an existing dwelling and new swimming pool

Zone

R2 Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 1a and 10b

Stop the Clock used

No

Notification

Notified in accordance with Council’s policy 

 

REASON FOR REFERRAL

 

The subject Development Application is referred to the Lane Cove Local Planning Panel as the proposed building height exceeds 10% of the applicable maximum 9.5m building height development standard of Lane Cove Local Environment Plan (LEP) 2009.

 

EXECUTIVE SUMMARY

 

The Development Application is for alterations and additions to an existing dwelling and new swimming pool.

 

The proposed design complies with the maximum floor space ratio (FSR) permitted under the Lane Cove Local Environmental Plan (LEP) 2009 however it has a maximum building height of 11.77m where the maximum building height for the site is 9.5m. A variation of 2.27m (24%) is proposed to the maximum building height. The applicant has sought to apply Clause 4.6 – Exceptions to development standards and has submitted a written request to vary the building height development standard.

 

The proposal has been assessed with respect to Clause 4.6 and it is considered that the proposed variation is supported as it is a technical non-compliance due to the existing topography of the land and with the landform being previously adjusted to construct the original dwelling. The proposal would be consistent with other dwellings in the immediate locality where a consistent approach has been undertaken by Council in consideration of the variable heights of other approved dwellings when either viewed from street level or from Lane Cove River within the Linley Point locality.

 

The development proposal was notified in accordance with Council’s notification policy and two submissions have been received in relation to building height and view loss. The subject application has been assessed against the principles of view sharing between residents and it is considered that any view loss would be minimal. The proposed development is recommended for approval subject to draft conditions. 

 

SITE

 

Property

Lot B DP 399481

Area

1302sqm

Site location

On the southwestern side of The Avenue

Existing improvements

Existing part one and part two storey dwelling with a detached garage structure

Shape

Irregular – battle-axe allotment

Adjoining properties

Detached dwellings

 

The site enjoys a frontage to the Lane Cove River and the access handle is located at the intersection of Haughton Street and Linley Place. The access handle is 2.285m wide and has a length of 35.965m – 40.54m which turns 90 degrees for an additional length of 16.305m. The lot has a 14.15m front width (northern boundary), a rear boundary of 28.015m and side boundaries of 50.42m and 48.647m. Dwellings in the immediate locality enjoy water views to the river and some views to the Sydney Central Business District (CBD) and Sydney Harbour Bridge.

 

Neighbour Notification Plan and Site Location Plans are attached (AT-1 and AT-2).

 

PREVIOUS APPROVALS/HISTORY

 

No previous approvals or history are relevant to the subject Development Application.

 

PROPOSAL

 

The Development Application is for alterations and additions to an existing dwelling and new swimming pool. The proposed works would create a 3 storey and a 5-bedroom dwelling. The additions to the dwelling would be made up as follows:

 

Lower Ground Floor (internal alterations and additions to the north)

·    Bathroom, games room, bedroom 1 with WIR, bar, wine room, sauna, lift, staircase and a new 3m x 9.8m deck and 3m x 15m swimming pool.

 

Ground Floor (internal alterations)

·    Bedroom 2 with ensuite and WIR, bedroom 3, bedroom 4 with ensuite and WIR, bathroom, staircases, rumpus room, lift, laundry and additions to balcony.

 

First Floor (new first floor addition)

·    Kitchen with walk in pantry, dining/living, entry and covered elevated walkway, bathroom, staircase and master bedroom with ensuite and WIR.

 

Garage (existing)

·    Minimal increases in widths.

 

SECTION 4.15 ASSESSMENT

 

The following assessment is provided against the relevant provisions of Section 4.15 of the Environmental Planning and Assessment Act, 1979:

 

 

(i)         Any environmental planning instrument:

 

 

State Environmental Planning Policy (SEPP) 55 – Remediation of Land

 

The proposal is considered satisfactory with respect to SEPP 55 – Remediation of Land. The use of the site for residential purposes is unlikely to result in any contamination. The site was inspected as part of the assessment and no likely sources of contamination or hazardous materials were observed.

 

State Regional Environmental Plan (SREP) (Sydney Harbour Catchment) 2005

 

The proposal is considered satisfactory with respect to SREP (Sydney Harbour Catchment) 2005 and the associated Development Control Plan. Notwithstanding, an assessment against the provisions of the SREP are provided as follows:

 

Clause 21 - Biodiversity, ecology and environment protection

 

Comment: The proposal would have a neutral effect on the quality of water entering the waterways, would not result in impact to aquatic vegetation, would not alter foreshore vegetation, and would not alter the existing landscaped area or result in any significant tree removal other than two palm trees. A stormwater plan has been submitted and assessed to be satisfactory subject to draft engineering conditions which provides for a stormwater discharge pit which has a maritime gross pollutant trap to be located on the subject site which would allow stormwater discharge to occur through the retaining wall to the river.

 

Clause 22 – Public Access to, and use of, foreshore and waterways

 

Comment: The development would not impact existing access to the foreshore. Existing stair access points are already provided to the waterway for use.

 

Clause 23 – Maintenance of a working harbour

           

Comment: The development continues the use of the site as a dwelling house and there is not an anticipated future demand that would require the use of the subject site for the purposes of a working harbour.

 

Clause 24 - Interrelationship of waterway and foreshore uses

 

Comment: The proposal maintains the existing interrelationship being wholly behind an existing retaining wall with no change to existing ground levels beneath the wall.

 

 

Clause 25 – Foreshore and waterways scenic quality

 

Comment: The scale, form, design and siting of the works are generally in keeping with the existing dwelling houses in the immediate locality.

 

Clause 26 – Maintenance, protection and enhancement of views

 

Comment: The proposal maintains views of the harbour by providing a lower roof ridge line when compared to surrounding dwellings along that same view corridor.

 

Clause 27 – Boat storage facilities

 

            Comment: N/A

 

Lane Cove Local Environmental Plan (LEP) 2009

 

i.          Permissibility

 

A dwelling house is permissible with consent in the R2 Low Density Residential zone under Lane Cove LEP 2009.

 

ii.         Principal Development Standards

 

 

Proposed

Control

Complies

Floor Space Ratio

0.42:1

0.5:1

Yes

Height of Buildings

11.77m

9.5m

No – 24% variation

 

Clause 4.3 Height of Buildings

 

Building height is defined in the Lane Cove LEP2009 as meaning the vertical distance between ground level (existing) at any point to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like. Clause 4.3(2) of Lane Cove LEP 2009 states that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. In this instance, the Height of Buildings Map identifies a maximum height of 9.5m for any building on the subject site. The maximum height of the development is 11.77m (variation of 24%). Refer to Attachment (AT3) to view the applicant’s written Clause 4.6 justification.

 

The proposal has been assessed with respect to Clause 4.6 as follows:

 

Clause 4.6 – Exceptions to Development Standards

 

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

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

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

 

(1)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

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

 

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

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

 

(3)  Development consent must not be granted for development that contravenes a development standard unless:

 

(a)  the consent authority is satisfied that:

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

 

The applicant had provided the following justification/s:

 

The proposed development provides reasonable solar access to existing buildings and public areas. Privacy would be retained for neighbours with ample setbacks and no direct overlooking into any key living areas. The surrounding dwellings are at varying levels. The proposed pool and balconies are orientated towards Lane Cove River and the water views and would not overlook neighbours. The proposed development is located predominantly within the footprint of the existing dwelling, incorporating an additional floor, thus working with the existing built form. The proposed swimming pool and decking are located on a sloping section of the site, with the majority of construction works located above the existing ground level.

 

There are sufficient grounds to permit the variation of the development standard in particular;

 

·    the site specific features as the site is a battle-axe lot and the sloping topography of the area, create an opportunity to design and construct a compatible dwelling despite the non-compliance.

·    The design retains the footprint of the existing dwelling to avoid impacting upon the surrounding natural environment.

·    The sloping nature of the site and existing cut means the building exceeds the maximum height on the southern and western elevations only. The building remains compliant with the height control on the eastern and northern elevations.

·    These elevations do not present with excessive bulk and the proposed development is of a significantly lesser scale than surrounding properties.

·    The proposed development results in minimal view loss for surrounding properties.

 

The proposed development is to renovate and improve the residential amenity of the existing ageing dwelling. The proposed alterations and additions are in keeping with the bulk and scale of dwellings in the locality. The materials and finishes proposed are in keeping with the natural environment and the proposal does not present as highly visible when viewed from the Lane Cove River. The proposal is of a lesser scale than surrounding developments. There would be only minimal view loss for surrounding properties.

 

The design approach adopted by the applicant and the justification/s provided are supported. The proposed variation is a technical non-compliance due to the existing topography of the land and with the landform being previously adjusted to construct the original dwelling. The proposal would be consistent with other dwellings in the immediate locality where a consistent approach has been undertaken by Council in consideration of the variable heights of other approved dwellings when either viewed from street level or from Lane Cove River within the Linley Point locality.

 

Clause 4.6(3)(a) Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

 

The applicant relies in part upon building heights approved at the adjoining and surrounding properties along the river or the street. The applicant also relies on the topographical characteristics of the site and that the proposal would not be readily discernible in the context of existing developments in the locality. These references are of sound justification as it has been a consistent approach undertaken in the assessment of other Development Applications within Linley Point along the river foreshore and the variation is supported in this instance for reason already stated above.

 

 Objectives of the particular standard

 

The objectives of Clause 4.3 Height of Building are as follows:

 

(a)  to ensure development allows for reasonable solar access to existing buildings and public areas.

 

The proposal has no adverse impacts on surrounding residential dwellings and to the public areas.

 

(b)  to ensure that privacy and visual impacts of development on neighbouring properties, particularly where zones meet, are reasonable.

 

The proposed upper level would not contain privacy impacts onto the adjoining developments and the visual impact of the proposed development would be satisfactory.

 

(c)  to seek alternative design solutions in order to maximise the potential sunlight for the public domain.  

 

The proposed design does appear to be the best possible outcome achieved.

 

      (d)  to relate development to topography.

 

The site has a considerable slope toward Lane Cove River. The proposed works address existing natural ground levels also being a landform that had been adjusted previously to construct the original dwelling house. The proposal adequately relates to the existing topography of the site and meets this objective of the height standard.

 

Clause 4.6(3)(b) Are there sufficient environmental planning grounds to justify contravening the development standard?

 

The proposed variation is supported as the submitted Clause 4.6 written justification provides evidence to demonstrate that there are no significant adverse impacts involved and that any view loss onto surrounding properties would be minimal.

 

 

 

 

Is compliance with the development standard consistent with the objectives of the development standard and the relevant objectives of the land zone?

 

The proposal is consistent with the objectives of Clause 4.3 Height of Building and zone objectives.

 

Is the exception well founded?

 

It is considered that the request for exception is well founded and is supported.

 

 

(ii)        Any proposed instrument (Draft LEP, Planning Proposal)

 

 

The Draft Remediation of Land SEPP was subject to public exhibition between 31 January and 13 April 2018. The Draft SEPP maintains the overarching objectives being to promote the remediation of land to reduce the risk of potential harm to human health or the environment. The new draft measures primarily relate to scenarios where more complex remediation/ongoing management is required, and the certification of remediation works undertaken as development not requiring consent.

 

While the Draft does consider introducing planning guidelines for the assessment/preparation of preliminary site investigations, the subject site has been used for residential purposes for a, number of years and would be adequate in this instance to address the requirements of the draft SEPP. The proposal is consistent with the Draft Remediation of Land SEPP.

 

 

(iii)       Any development control plan

 

 

Lane Cove Development Control Plan (DCP) 2010

 

i.          Part B4 – View Sharing

 

The objectives of Part B4 – View Sharing are as follows:

 

a)  To ensure the public view corridors between buildings or along streets are retained and enhanced from streets or public spaces.

b)  To minimise the impact of new development on existing public and private views and vistas.

c)  To preserve or fairly share water views for foreshore residents. 

Public Views

Existing views from the public domain are to be maintained.

 

Private Views

 

The proposal was notified in accordance with Council policy and 2 submissions were received specifically raising concern with the proposed building height and view sharing from Nos. 24/24A and 26 The Avenue.

 

No. 24/24A is a strata dual occupancy development.

 

The resident at No. 28 The Avenue raised a verbal concern with view loss when a site inspection at the objector’s premises was being conducted however did not make a submission.

 

The applicant in response to the submissions advised that any view loss would be negligible.

 

The proposed private view sharing has been assessed having regard to the objectives and prescriptive measures contained within Part B4 of Lane Cove DCP 2010 as well as the planning principles established in Tenacity Consulting v Warringah Council [2004] NSW LEC 140 and is considered satisfactory.

 

The maximum RL of the proposed works are lower than the maximum RL levels of 3 surrounding buildings heading east which has views to the Sydney Central Business District (CBD) and the Sydney Harbour Bridge.

 

As a result, the proposal has been designed in a manner that there would be no view loss either of the CBD area or the bridge.

 

Figure 1: View from the Upper Level Floor of 26 The Avenue Balcony (which contains a Living Room and Kitchen)

Figure 2: View from the Middle Level Floor of 26 The Avenue Balcony (which contains mainly Bedrooms)

 

Figure 3: View from the Lowest Level Floor of 26 The Avenue Balcony (which contains mainly Bedrooms)

Figure 4: View from 24 The Avenue

 

The impact on the view from 24 and 26 The Avenue is negligible. It is anticipated that may be some view loss of some parts of the river/land interface resulting from the works however there is existing vegetation (i.e. a large pine tree) which would obstruct this clear view anyway from the lower levels of 26. The lower levels of 26 The Avenue, which contains a balcony (off predominantly bedrooms) and from 24 The Avenue, which contains a deck off the main living room.

 

Based on the principles of Tenancity, any view loss resulting from a breach in height would be deemed to be generally unacceptable. This approach is deemed to be appropriate in this instance as a skillion roofed design has been adopted by the applicant rather than undertaking a pitched roof form. It is considered that the principles of view sharing have been achieved. 

 

ii.         Part B5 – Development in Foreshore Areas

 

The proposal does not increase the existing foreshore building facade setback line however the proposed deck and swimming pool area would be forward of the existing building foreshore line. The proposal is in keeping with the architectural style of the existing dwelling house and would be consistent with adjoining/surrounding developments along the foreshore area. The proposal is considered satisfactory with respect to Part B5 of Lane Cove DCP 2010.

 

iii.        Part C1 – Dwelling Houses and Dual Occupancies

 

The following table provides a summary of compliance against the provisions of Part C1:

 

Comprehensive DCP

 

 

Control

Proposed

Complies

Front setback (min)

Consistent with area or 7.5m

900mm

 

No, however proposal is on a battle-axe lot

Side setback (min)

1200mm single storey

1500mm two storey

Min. 920mm

 

No, however no significant adverse privacy impacts.

Rear setback (min)

>1000m²: 10m or 35%

 

Min. 17.3m

Min. 12.165m

No, however no change to existing building façade and is generally consistent with existing setbacks within the locality.

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

 

7.0m

11.235m

No, however the variation is due to the slope of the land.

Number of Storeys (max)

2

Part 3 storeys

No, however the proposed dwelling would not be inconsistent with other dwellings within the locality.

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

35%

40.43%

Yes

Cut and Fill (max)

1m

Minimal earthworks

Yes

Solar Access

3 hrs to a portion of north-facing windows and recreation area.

Achieved

 

Yes

Deck/Balcony depth (max)

3m

6.3m

 

No, however the new decking would not contain significant adverse privacy impacts onto adjoining properties.

Private open space

24 m² (min)

4m minimum depth

Provided

Yes

BASIX

Provided

Required

Yes

 

Car Parking

 

 

Control

Proposed

Complies

Off-street spaces (min)

2

3

Yes

Driveway width (battle-axe lots) (min)

3m

 

Achieved – existing driveway arrangement.

 

Yes

 

 

 

 

 

Garages Facing the Street

 

 

Control

Proposed

Complies

% of Allotment Width (garages)

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

9.5m along the length of the battle-axe allotment rather than its width and would not be visible from the street.

Yes

 

 

Private Swimming Pools

 

 

Control

Proposed

Complies

Setback to Neighbour’s House (min)

3m to waterline

 

 

Min. 4.2m to side boundary

 

Yes

 

Setback to boundary (min)

1m to waterline

Achieved

Yes

Height (max)

(steeply sloping sites)

1.0m

1.8m   

Max. 2.81m

No, however consistent with other pools in the locality.

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

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

Achieved

Yes

 

The following table addresses each of the departures to Part C1:

 

Variation Proposed

Comment

Minimum 900mm front setback

The DCP requires that front setbacks are consistent with the area or a minimum 7.5m front setback be achieved.

 

The relevant DCP objectives are:

 

·    Maintain the predominant street setback.

·    To enhance and maintain vegetation corridors through landscaping within front and rear gardens and side boundaries.

 

The applicant has stated that existing garage structure already sits in front of the existing dwelling and that there is no change proposed to the setback of the dwelling. The alterations to the garage propose a setback of 900mm to the northern boundary of the subject battle-axe lot.

 

The variation is due to the battle-axe and irregular lot configuration of the subject site. The variation forms along to the minor extension of the existing garage structure to the northern boundary. The proposed setback is satisfactory in this instance as it would not have a significant adverse impact on surrounding properties and there is an appropriate landscaped front yard provided on the subject site. The proposal is not inconsistent with existing setbacks and is satisfactory based on a merit assessment.

Min. 920mm side setback

The DCP requires a minimum 1500mm side setback to upper floor levels above the ground level of a dwelling.

 

The relevant DCP objectives are:

 

·    To enhance and maintain vegetation corridors through landscaping within front and rear gardens and side boundaries.

·    Side and rear setbacks are to provide building separation, sunlight, landscaping, ventilation, public views (if appropriate) for the dwelling and its neighbours.

 

The applicant has stated that the proposed variation is appropriate as the built form is consistent with the existing building line setbacks on the site and remains compliant with the Building Code of Australia (BCA).

 

The variation forms only to a minor section of the upper level dwelling on the western boundary to be in line with the existing lower level setbacks. The variation is satisfactory as there are no significant adverse privacy impacts and there is no immediate dwelling adjacent to the proposed works achieving satisfactory building separation.

Minimum 12.165m rear setback

The DCP requires that for allotments greater than 1000sqm, the rear setback be 10m or 35% of the length of the allotment (whichever is the greater). Due to the length of the allotment, the minimum required rear setback is 17.3m.

 

The relevant DCP objectives are the same objectives listed for side setbacks.

 

The applicant has stated that swimming pools and decks are permitted in the rear setback area. It was advised that the proposal is also consistent with Council’s foreshore building setback line requirements in that the setbacks are consistent with the setback of the adjoining dwelling.

 

The subject site is an irregular shaped battle-axe allotment and is generally consistent with existing setbacks within the locality. There is no change to the existing rear building façade setback and an appropriate landscaped outcome has been achieved. There are decks and a swimming pool structure which encroaches into the rear setback area and the DCP permits such encroachments subject to no significant adverse impacts. The proposal has been designed to protect views across the subject site to Sydney Harbour area.

Maximum 11.235m wall height

The DCP requires a maximum wall height of 7m.

 

The relevant DCP objectives are:

 

·    Ensure new dwellings and alterations and additions to existing dwellings reinforce the typical bulk and scale of existing dwellings within the street of the area.

·    Ensure that alterations and additions to existing dwellings maintain the integrity of the design and style of the existing building.

·    Ensure elevations to the street and public domain are well proportioned and designed.

·    Minimise impact in terms of overshadowing, loss of privacy, light spillage to adjoining properties, loss of views and amenity.

 

The applicant has stated that the proposed variation is appropriate which is due to the sloping nature of the site and the existing cut. It was advised that the dwelling would present with significantly less bulk than surrounding properties.

 

As discussed previously in this report, the proposed height of the proposal which contains an angled flat roof design is satisfactory due to the topography of the site and that the proposal maintains existing view sight lines to the iconic views of the Sydney Harbour area for surrounding residents. The proposed alterations and additions would result in a dwelling that would be consistent with the design and bulk and scale of surrounding dwellings when viewed from the public domain. The proposed works would not contain significant adverse impacts in terms of overshadowing, privacy and amenity onto adjoining properties.

Part 3 storeys proposed

The DCP permits a maximum of 2 storeys.

 

The relevant DCP objectives are the same objectives listed for wall heights.

 

The applicant has relied upon the same justification to the proposed wall height variation.

 

The proposal is sensitive to the existing topography of the subject site which includes an adjusted landform to accommodate the construction of the original dwelling. The proposed dwelling would not be inconsistent with the design and the number of storeys present of other dwellings within the locality when viewed from the street or from the foreshore or waterway areas.

Maximum 6.3m deck

The DCP permits a maximum width of a deck or balcony to 3m.

 

The relevant DCP objectives are:

 

·    To provide reasonable acoustic and visual privacy for neighbouring properties.

·    Minimise overlooking between adjoining dwellings and their private open spaces.

 

The applicant has stated that privacy would be retained for neighbours where the surrounding dwellings are at varying levels. The applicant has stated that that the proposed deck is orientated towards the Lane Cove River and the water views and would not overlook neighbours.

 

The variation is only on the ground/floor level (where it is noted that the upper level balcony complies with this control) and due to its proposed location, it would minimise any adverse privacy impacts that would occur onto any adjoining property.

Maximum 2.81m pool structure height

The DCP restricts the height of a swimming pool structure on a steep allotment to a maximum of 1.8m above natural ground level.

 

The relevant DCP objectives are:

 

·    Provide for ancillary development that enhances the amenity of residents without compromising the amenity of adjoining dwellings or the area.

·    Minimise visibility from public spaces.

·    Minimise acoustic impacts.

·    Ancillary development is to respond to site constraints i.e. topography, mature vegetation.

 

The applicant has stated that the swimming pool complies with relevant setback

requirements and is also orientated to the river.

 

The variation would be similar to other pools structures within the locality. The new swimming pool is to be located off the new deck area and are to be contained on one single level area to make it easier for accessibility purposes. It is considered that there are other similar type swimming pool structures in the area. The pool would not adversely affect the outlook of the locality when viewed from waterways and foreshore areas. The exposed area of the swimming pool structure would be treated with a mixture of materials such as stone cladding.

 

To assist in appropriately screening the elevated pool structure from the river and the adjoining property to the west, it is recommended that a draft condition be imposed to require plantings of Red Robin’s (Photinia) to a maximum height of 2.2m high around the perimeter of the swimming pool.

 

 

(b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

 

All relevant issues regarding built impacts of the development are discussed elsewhere in this report and it is considered that the proposal would contain minimal view loss resulting from the proposed breach in height. The proposed development would not dominate surrounding developments and the privacy of surrounding developments would not be compromised. The development would be satisfactory in terms of environmental, built, social and economic impacts.

 

 

(c)  The suitability of the site for the development

 

 

The site is suitable for the proposed development.

 

 

(d) Any submissions made in accordance with this Act or the regulations

 

 

The proposal was notified in accordance with Council policy and 2 submissions were received specifically raising concern with the proposed building height and view sharing from Nos. 24/24A and 26 The Avenue. The resident at No. 28 The Avenue raised a verbal concern with view loss when a site inspection at the objector’s premises was being conducted however did not make a submission. The submissions are summarised and addressed within the following table:

 

Concern

Comment

The affected residents live two and three houses away to the west. Based on the plans, the building seems to be above the maximum elevation on the western elevation. If the building is above the permitted building height envelop, what can be done to make this compliant.

Majority of the proposal complies with the maximum 9.5m LEP building height standard with the exception along the western and southwestern portions of the upper level works. It is considered unreasonable in this instance to delete the upper level to ensure full compliance as there is no alternatives available to redesign the upper level to fully comply.

As the proposal exceeds the height restrictions applicable, this sets a dangerous precedent and would allow other homes in the area to be similarly exceed the height restrictions.

It is not considered that approval of the subject application would create a dangerous precedent. Council has undertaken a consistent approach to ensure that dwellings are comparable in heights along street level and when viewed from the foreshore.

The affected residents enjoy extensive views of the harbour, the CBD and other Sydney icons including the Sydney Harbour Bridge. The proposed development would impede these views. The proposed development is in line with and directly in between the two units at 24/24A The Avenue. The size of the development is too large and would be overpowering for both properties.

The proposed development would not cause any loss to these iconic views. The proposed bulk and scale of the proposal would not be incompatible with any surrounding developments in the area. The development would

 

 

(e) Public Interest

 

 

Having regard to the assessment and recommendations contained in this report, it is considered that approval of the development would be in the public interest.

 

REFERRALS

 

Tree Assessment Officer

 

No objections subject to recommended draft conditions.

 

Development Engineer

 

No objections subject to recommended draft conditions.

 

CONCLUSION

 

The site displays unique topography and access and view characteristics which pose challenges and opportunities for the siting of a dwelling. The proposal seeks to modify the existing structure and largely retain the existing building envelope. The matters in relation to Section 4.15 of the Environmental Planning and Assessment Act 1979 have been satisfied. The proposed contravention of the building height development standard was accompanied by a written request which satisfy the matters under Clause 4.6 of Lane Cove LEP 2009. The breach to height is reasonable in this context and would not adversely impact on adjoining/surrounding properties in relation to view loss.

 

The application meets with the FSR controls as required in the Lane Cove LEP 2009. The proposal generally meets with the Part C Residential objectives in the Lane Cove DCP. On balance the proposed development would be reasonable and recommended for approval subject to conditions.

 

 


 

 

RECOMMENDATION

 

That the Lane Cove Local Planning Panel at its meeting of 5 November 2019, exercising the functions of the Council as Consent Authority pursuant to Clause 4.16 of the Environmental Planning and Assessment Act 1979 approve a variation to the height prescribed by Clause 4.3 of the Lane Cove Local Environmental Plan 2009. The applicant’s request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, the proposed development would be in the public interest and would be consistent with the objectives of that particular standard and the objectives for development within the zone.

 

That pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 5 November 2019, exercising the functions of Council as the consent authority, grant development consent to Development Application DA81/2019 for alterations and additions to an existing dwelling and swimming pool on 22B Haughton Street, Linley Point, subject to the following:

 

General Conditions

 

1.         That the development be strictly in accordance with:

·    Drawing number/s: DA101, DA201-202, DA301-303, DA401, DA501-505 and DA801 Issue A dated 27/06/2019 prepared by Studio Parisi Architects

 

except as amended by the following conditions.

 

Reason: To ensure the development is in accordance with the determination.

 

1A.       The plans be amended as follows:

 

-     That planting of a Red Robin’s (Photonia) screen occurs along the perimeter of the swimming pool to achieve a maximum height of 2.2m.

 

            Reason: To ensure privacy is protected from adjoining properties and Lane Cove River.

 

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

 

            Reason:  Ensures the detailed construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.

 

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

 

            Reason: Statutory requirement.

 

4.         The 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.

 

            Reason: Statutory requirement.

 

5.         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 Principal Certifier (PC) that they have complied with the applicable requirements of Part 6.  Council as the PC 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.

 

            Reason: Statutory requirement.

 

6.         An Occupation Certificate being obtained from the Principal Certifier before the occupation of the building.

 

            Reason: To ensure all works have been completed in accordance with the development consent conditions, approved plans and the Building Code of Australia.

 

7.         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.

 

Reason: To ensure reasonable amenity is maintained to the neighbouring properties.

 

8.         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.

 

            Reason: To protect the environment and public amenity.

 

9.         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.

 

            Reason: To protect the environment and public amenity.

 

10.       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.

 

Reason: To protect the environment and public amenity.

 

11.       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 Certifier;

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.

 

Reason: To ensure public safety and public information.

 

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

 

            Reason: To protect the environment.

 

13.       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 or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

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

 

            Reason: Statutory requirement.

 

14.       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.

 

            Reason: Statutory requirement.

 

15.       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".

 

Reason: Statutory requirement.

 

16.       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".

 

            Reason: To ensure compliance with the Australian Standards.

 

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

 

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

b)      All reinforcement prior to filling with concrete.

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

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

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

f)       Waterproofing of wet areas.

g)      Pool reinforcement prior to placement of concrete.

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

i)        Stormwater drainage lines prior to backfilling.

j)        Completion.

 

            Reason: Statutory requirement.

 

18.       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.

 

            Reason: Statutory requirement.

 

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

 

            Reason: To ensure structural adequacy.

 

20.       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 residents.

 

            Reason: To protect residential amenity.

 

21.       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.

 

Reason: To ensure the development is in accordance with the determination.

 

22.       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.

 

            Reason: To ensure public safety.

 

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

 

            Reason: To ensure compliance with the determination and public safety.

 

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

 

            Reason: To ensure public safety.

 

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

 

            Reason: To comply with Work Health and Safety Regulations and ensure public safety.

 

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

 

            Reason: To ensure compliance with the Australian Standards.

 

27.       Compliance with the Waste Management Plan submitted along with the application.

 

            Reason: To protect the surrounding environment.

 

28.       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.

 

            Reason: To ensure all works are carried out lawfully.

 

29.       Long Service Levy  Compliance with Section 6.8 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.

 

Reason: To ensure the levy is paid.

 

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

 

            Reason: Statutory requirement.

 

Tree Preservation Conditions

 

31.       Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove             local government area in accordance with State Environmental Planning Policy (Vegetation             in non-rural areas) 2017. Part 2 Section 7(1) of the SEPP states “A person must not clear             vegetation in any non-rural area of the State to which Part 3 applies without the authority             conferred by a permit granted by the council under that Part.” Clearing of vegetation             includes “a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the             vegetation, or b) lop or otherwise remove a substantial part of the vegetation.” Removal of             trees or vegetation protected by the regulation is an offence against the Environmental             Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in             respect to any such offence is $1,100,000.

 

The reason is to maintain and protect the natural environment in Lane Cove.

 

32.       This consent gives approval for the removal of One Cocos Palm and one Alexandrea Palm             to the west of the proposed pool and rear of the existing dwelling. Trees may be removed             upon issue of the Construction Certificate only.

 

The reason is to allow the installation of the swimming pool.

 

33.       Trees removed as part of the DA process must be replaced at a ratio of no 1:1 and all             plantings/landscaping must comply with part J Landscaping of the Lane Cove Development             Control Plan 2010.

 

The reason is to ensure trees are replaced in accordance with Council policy and are installed correctly to be retained in the long term.

 

34.       Replacement trees are to consist of two Angophoras costatas; one located to the south of             the existing garage as proposed in the Landscape Plan. A second Angophora costata is to             be installed to the south of the site on the waterfront side of the property. All trees are to be             installed prior to the issue of the Occupation Certificate.

 

The reason is to offset the removal of two Palm trees, both located directly on the Foreshore area.

35.       Replacement trees are to be installed by a qualified Horticulturalist; the tree(s) are to be             provided with support stakes, mulch and initial watering. All costs remain the applicant’s             responsibility and the replacement tree be installed prior to the issue of the Occupation             Certificate.

The reason is to ensure replacement trees will be retained in the long term.

36.       A Project Arborist of minimal AQF Level 5 qualification is to be appointed prior to the issue             of the Construction Certificate to oversee/monitor trees condition during construction and             sign off on tree protection measures. Trees are to be monitored throughout construction and             a certificate produced upon completion demonstrating the trees have been maintained in             good condition. All certificates are to be available to the Principal Certifier within five days of             site attendance and must be available to council immediately upon request; failure to             produce the latest certificate will be considered a breach of conditions. Final certification is             to be submitted to the Principal Certifier prior to the issue of Occupation Certificate.

The reason is to provide an independent professional to monitor and manage retained trees located on and odd the site in accordance with conditions.

 

37.       No stockpiling of materials below ground stormwater pipes or pits are to be installed within 7             metres of the adjoining Cedar tree at the front of neighbouring site 22A Haughton Street.             The Project Arborist must approve in writing the Cedar tree has been retained in a viable             condition upon completion of the development. The statement is to be submitted and             approved by the Principal Certifier Prior to the issue of the Occupation Certificate.

 

The reason is to minimise the risk of disturbance to the neighbouring tree.

 

38.       The Cedar tree located on the neighbouring property of 22A Haughton Street is to be             protected by 1.8 metre site fencing installed along the eastern boundary of the site.

 

The reason is to protect the neighbours’ tree without impeding on adjoining land.

 

39.       This condition provides consent for the minor pruning of the Cedar tree located on             neighbouring property 22A Haughton Street. Pruning is to be consist of tip pruning branches             that extend onto the proposed walkway and roof of the proposed addition. No branches are             to be removed completely, all pruning is to comply with Australian Standard 4373 Pruning of             Amenity Trees (2007) and be supervised by the Project Arborist. Pruning works are to be             carried out by a minimum AQF Level 3 Arborist from ground level within the boundary of             22B Haughton Street only, this consent does not grant access to the neighbouring site.

 

The reason is to prune only what is require for the installation of the walkway by professionals without trespassing.

 

General Engineering Conditions

 

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

 

   Reason: To ensure all works are in accordance with Council’s requirements.

 

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

 

  Reason: To ensure public safety and amenity.

 

42.       Works on Council Property: Separate application shall be made to Council's Urban             Services Division for approval to complete, any associated works on Council property.  This             shall include 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.

 

            Reason: To ensure public works are carried out in accordance with Council’s requirements.

 

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

 

  Reason: To ensure public safety.

 

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

 

  Reason: To maintain Council infrastructure.

 

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

 

  Reason: To protect, maintain and provide utility services.

 

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

 

   Reason: To ensure pedestrian access is maintained.

 

47.       Council Drainage Infrastructure: The proposed construction shall not encroach onto any             existing Council stormwater line or drainage easement unless approved by Council. 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. Developer has to lodge Stormwater Inspection Application form to Council. All             costs associated with the relocation of the stormwater line are to be borne by the applicant

 

   Reason: To protect public infrastructure.

 

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

  Reason: To protect and maintain infrastructure assets.

 

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

 

Reason:    To ensure all proposed parking arrangements are designed meet the relevant Australian Standard.

 

50.   Rainwater Reuse Tanks: The proposed rainwater tank is required as per BASIX certificate

        and to be installed in accordance with Council’s rainwater tank policy and relevant Australian

        standards.

Note:

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

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

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

·        Hydraulic calculation prepared by qualified engineer for charged pipe system draining to rainwater tank and submitted to Council

 

Reason:    To comply with Basix/Council’s requirements and satisfy hydraulically.

 

51.    Heavy Vehicle Duty Employee and Truck Cleanliness: The applicant shall

·   Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site.

·   Keep a register of all contactors that have been notified, the register is to be signed by each contractor. The register must be available for access by Council officers at all times.

·   Place an employee within proximity of the site exit during site operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee shall liaise with heavy vehicle drivers and provide regular written updates to drivers on the conditions of entry to the subject site.

Those drivers who have been determined to continually not comply with Council’s requirements, either by the developer or authorised Council officers, shall not be permitted re-entry into the site for the duration of the project.

 

Reason: To protect the environment.

 

52.       Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the             subject site shall ensure that the entire load is covered by means of a tarpaulin or similar             material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are             not deposited onto the roadway during transit. It is a requirement under the Protection of the             Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately             covered, and this shall be strictly enforced by Council’s ordinance inspectors. Any breach of             this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of             those vehicles not in compliance with the regulations.

 

            Reason: To ensure worksite pollutions are controlled accordingly to protect the environment.

 

Engineering conditions to be complied with prior to Construction Certificate

 

53.       Council Infrastructure Damage Bond: The applicant shall lodge with Council a $3000.00             cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads,             footpaths, kerb and gutter, drainage or other assets as a result of the development. The             bond will be released upon issuing of the Occupation Certificate. If Council determines that             damage has occurred as a result of the development, the applicant will be required to repair             the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to            be carried in accordance with Council’s requirements. The full bond will be retained if             Council’s requirements are not satisfied. Lodgement of this bond is required prior to the             issue of the Construction Certificate.

 

  Reason: To protect and maintain public infrastructure.

 

54.       Excavation Greater Than 1m depth: 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.

 

  Reason:          To protect surrounding properties and identify vulnerable structures.

 

55.       Drainage Plans Amendments: The stormwater drainage plan No: HDA01 – HDA04 Rev             P3 prepared by INLINE dated on 16/05/19 is to be amended to reflect the following             conditions. This plan should show full details of new pipe network includes following;

1.       Proposed pipe system should show pipe sizes and invert levels confirming pipe system satisfies Council DCP

2.       Rainwater tank shall be installed as per BASIX certificate

 

   The amened design is to be certified that it fully complies with, AS-3500 and Part O,    Council's DCP-Stormwater management; certification is to be by a suitably qualified    engineer. The amended plan and certification shall be submitted to the Principal Certifying    Authority prior to the issue of the Construction Certificate.

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

 

            Reason: To ensure the proposed stormwater designs meet and satisfy Part O, Council DCP.

 

56.       Geotechnical Report: A geotechnical report is to be completed for the excavation             proposed for the development. The Geotechnical Report and supporting information are to             be prepared by a suitably qualified geotechnical engineer and be submitted to Principle             Certifying Authority prior to issue of a Construction Certificate.

 

  Reason:   To protect the environment and required for any excavation greater than 2m.

 

57.       Geotechnical Monitoring Program: Excavation works associated with the proposed    development must be overseen and monitored by a suitably qualified engineer. A    Geotechnical Monitoring Program shall be submitted to the principle certifying authority    prior to issue of a Construction Certificate. The Geotechnical Monitoring Program must    be produced by suitably qualified engineer ensuring that all geotechnical matters are    regularly assessed during construction.

   The Geotechnical Monitoring Program for the construction works must be in accordance    with the recommendations of the Geotechnical Report and is to include

·        Recommended hold points to allow for inspection by a suitably qualified engineer during the following construction procedures;

§  Excavation of the site (face of excavation, base, etc)

§  Installation and construction of temporary and permanent shoring/ retaining walls.

§  Foundation bearing conditions and footing construction.

§  Installation of sub-soil drainage.

·        Location, type and regularity of further geotechnical investigations and testing.

   Excavation and construction works must be undertaken in accordance with the    Geotechnical and Monitoring Program.

 

   Reason:  To ensure adequate monitoring of excavation works.

 

58.       Construction Methodology Report: There are structures on neighbouring properties that    are deemed to be in the zone of influence of the proposed excavations. A suitably qualified    engineer must prepare a Construction Methodology report demonstrating that the proposed    excavation will have no adverse impact on any surrounding property and infrastructure. The    report must be submitted to Principal Certifying Authority prior to issue of a Construction    Certificate. The details must include a geotechnical report to determine the design    parameters appropriate to the specific development and site.

   The Report must include recommendations on appropriate construction techniques to    ameliorate any potential adverse impacts.

   The development works are to be undertaken in accordance with the recommendations of    the Construction Methodology report.

 

  Reason:  To protect neighbouring properties.

 

59.       Dilapidation Report The applicant is to provide a dilapidation report of all adjoining             properties and any of Councils infrastructure located within the zone of influence of the             proposed excavation.

   Dilapidation report must be conducted by a suitably qualified engineer prior to the    commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works,     including dewatering and/or construction induced vibration. The Initial dilapidation report        must be submitted to Principal Certifying Authority prior to issue of a Construction    Certificate.

   A second dilapidation report, recording structural conditions of all structures originally    assessed prior to the commencement of works, must be carried out at the completion of the    works and be submitted to Principle Certifying Authority prior to issue of an Occupation    Certificate.

 

  Reason: To provide a record of Council’s infrastructure.

 

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

 

   Reason: To ensure the safety and viability of the retaining structures onsite.

 

61.       Design of Pool Structure: The proposed concrete pool is to be designed and certified for             construction by a suitably qualified engineer. The structural design is to comply with, all             relevant design codes and Australian Standards. The design and certification shall be             submitted to the Principal Certifying Authority prior to the issue of the Construction             Certificate

 

  Reason:  To ensure the proposed design is in accordance and comply with Australian Standard.

 

62.       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.

 

  Reason: To ensure Council accepted water management around pool.

 

Engineering condition to be complied with prior to commencement of construction

 

63.       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.

 

            Reason: To ensure worksite pollutions are controlled accordingly to protect the environment.

 

64.       Safety fence along the boundary of the property: Before commencement of any works,             barrier or temporary fencing is to be provided along the full frontage of the property. This             fence is for the safety of pedestrians on the public footpath.

 

  Reason: To ensure safety of road and footpath users.

 

Engineering condition to be complied with prior to Occupation Certificate

 

65.       Certification of Retaining Structures and Excavations: A suitably qualified engineer             shall provide certification to the principal certifying authority that all retaining structures and             excavations have been carried out in accordance with the relevant Australian Standards             and Codes of Practice.

   The certification and a complete record of inspections, testing and monitoring (with    certifications) must be submitted to the principal certifying authority prior to the issue of    the Occupation Certificate.

 

   Reason: To ensure retaining walls are constructed according to approved plan.

 

66.       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. 

 

   Reason: To ensure stormwater infrastructure is in accordance with Australian Standards and Council’s requirements.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services

 

 

ATTACHMENTS:

AT‑1View

Neighbour Notification Plan

2 Pages

 

AT‑2View

Notification Plan

3 Pages

 

AT‑3View

Clause 4.6 Request

14 Pages

 

 

 


ATTACHMENT 1

Neighbour Notification Plan

 

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ATTACHMENT 2

Notification Plan

 

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ATTACHMENT 3

Clause 4.6 Request

 

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Lane Cove Local Planning Panel Meeting 5 November 2019

608-616 Mowbray Road and 23 Mindarie Street, Lane Cove North

 

 

Subject:          608-616 Mowbray Road and 23 Mindarie Street, Lane Cove North    

Record No:    DA19/48-01 - 42160/19

Division:         Environmental Services Division

Author(s):      Henry  Burnett 

 

 

 

Property:

608-616 Mowbray Road and 23 Mindarie Street, Lane Cove North

DA No:

DA48/2019

Date Lodged:

18 April 2019

Cost of Work:

$21,200,000.00

Owner:

Mowbray 4 Unit Trust

Mowbray 5 Unit Trust

Applicant:                        

Landmark Group Australia Pty Ltd

 

Description of the proposal to appear on determination

Demolition of Existing Structures and Construction of a Residential Flat Building

Zone

R4 High Density Residential

Is the proposal permissible within the zone

Yes

BCA Classification

Class 2 and 7a

Stop the Clock used

No

Notification

Notified in accordance with Council policy and 5 submissions received by way of objection.

 

REASON FOR REFERRAL

 

The Development Application is referred to the Lane Cove Local Panel as the proposed development is subject to SEPP 65 – Design Quality of Residential Flat Development.

 

EXECUTIVE SUMMARY

 

The Development Application is for the demolition of existing structures, construction of a part 4/5 storey residential flat building development for 77 units (26 x 1 bedroom, 43 x 2 bedroom and 8 x 3 bedroom), two levels of basement parking for a total of 127 vehicles, and stratum subdivision.

 

The subject site has approval for two residential flat buildings resulting from proceedings in the NSW Land and Environment Court. The Development Application proposed is a single residential flat building with significant improvements in efficiency and amenity of the apartment layouts, removing vehicle access from Mowbray Road, rationalisation of the basement design allowing for reduced excavation and tree retention to Mindarie Street, and a higher quality building façade and streetscape outcome.

 

The proposal has been assessed with respect to SEPP 65 – Design Quality of Residential Apartment Development. The proposed residential flat building meets with the design quality principles of SEPP 65 and the design criteria of the Apartment Design Guide.

 

The proposal has been assessed against LCLEP 2009. The proposed development and subdivision are permitted with consent. The proposed Floor Space Ratio meets the maximum permitted (1.6:1). The proposal does not meet the building height standard. The maximum building height under LCLEP 2009 is 14.5m. A maximum building height of 16.2m (11.7%) is proposed to the lift overrun being a variation of 4.3m (29.6%). The applicant has submitted a Clause 4.6 written request which is considered in this report. The request is considered to demonstrate the necessary environmental planning grounds for departure and the standard is unreasonable or unnecessary in the particular circumstances of this proposal. The proposed building massing would result in a better planning outcome for the adjoining properties to the south, responds to the topography of the site, and provides for a high level of internal amenity for future occupants. It is recommended that the Lane Cove Local Planning Panel approve the request to vary the development standard.

 

The proposal has been assessed against the provisions of Lane Cove Development Control Plan 2010 with specific reference to the site-specific controls of the Mowbray Road Locality. The proposal complies with Lane Cove Development Control Plan 2010 with the exception of a part encroachment into the front setback by the basement level, number of storeys and not applying the Precinct specific deep soil zone. The departures are addressed in the report and are considered acceptable on merit.

 

The proposal is integrated development as subdivision is proposed of the residential flat building which is situated on bushfire prone land. New South Wales Rural Fire Service were advised of the proposal and provided concurrence subject to conditions of a Bushfire Safety Authority.

 

The proposal was notified in accordance with Council policy and 5 submissions were received. The concerns raised relate to height, overshadowing, overlooking, and traffic. The submissions are addressed in the report. The amendments made by the applicant to reduce the bulk of the building and to improve building separation adequately address the concerns raised. 

 

It is recommended the Lane Cove Local Planning Panel approve the Clause 4.6 written request to vary building height and the proposed residential flat building subject to draft conditions of consent.

 

THE SITE

 

The site of the proposed development comprises six (6) allotments legally known as Lots 12-16 in DP 35865 and Lot 97 in DP 36362 with a street address of 608-616 Mowbray Road and 23 Mindarie Street, Lane Cove North as shown in Figure 1 below. The site has an area of 3,639m2 with a moderate cross-fall from east (No. 608 Mowbray Road) to west (No. 618 Mowbray Road) and more significant cross fall from north (No. 614-616 Mowbray Road) to south (No. 23 Mindarie Street).

 

Figure 1: Subject Site

 

The existing improvements relate to the present use of each site as a dwelling house. Site inspection photographs in Figure 2 and Figure 3 detail the existing dwelling houses (No. 610-616 Mowbrary Road) when viewed from the northern side of Mowbray Road. Figure 4 provides a site photograph of No. 23 Mindarie Street when viewed from the western side of Kullah Parade (also known as Hatfield Street). Figure 5 provides a site photograph of the existing dwelling house at No. 608 Mowbray Road.

Figure 2: No. 610- 612 Mowbray Road viewed from Mowbray Road

 

Figure 3: No. 614-616 Mowbray Road viewed from Mowbray Road

 

Figure 4: No. 23 Mindarie Street viewed from Kullah Parade

 

Directly adjoining the site to the east and south-east, bounded by Mowbray Road, Kullah Parade (also known as Hatfield Street) and Mindarie Street, are existing residential flat building developments. The east of the site adjoins a part 4/5 storey residential flat building at No. 600 Mowbray Road (Figure 5). To the south/south-east the site adjoins a part 4/5 storey residential flat building at No. 15-21 Mindarie Street (Figure 6).

 

Adjacent the site to the south across Mindarie Street is located single detached dwellings. To the south-west across Mindarie Street is Mindarie Park (Figure 7). The park is currently under staged construction and will be the principal park serving the local area. On the western side of Kullah Parade are existing single detached dwellings on land zoned R4 High Density Residential yet to be redeveloped with existing residential flat buildings further west (Figure 8). To the north-west across Mowbray Road is located Mowbray Public School (Figure 9). To the north across Mowbray Road is located single detached dwelling houses (Figure 10).

Figure 5: Residential Flat Building at No. 600 Mowbray Road

 

Figure 6: Residential Flat Building at No. 15-21 Mindarie Street

 

Figure 7: Mindarie Park Looking South-West from Subject SIte

 

Figure 8: Undeveloped Western Side of Kullah Parade (Right of Image)

 

Figure 9: Mowbray Public School looking North-West from Subject Site

 

Figure 10: Existing Dwelling Houses to Northern Side of Mowbray Road

PREVIOUS APPROVALS

 

The subject site currently has consent for two residential flat buildings both resulting from NSW Land and Environmental Court proceedings with the outcome summarised in the following table and the location of each shown in Figure 11:

 

Date

Description

29/06/2018

Orders of the Court to uphold appeal against refusal of DA18/2017 for the demolition of existing structures and construction of a part 4/5 storey residential flat building comprising 37 units (18 x 1 bedroom, 16 x 2 bedroom and 3 x 3 bedroom) at 608-612 Mowbray Road, Lane Cove North.

 

26/07/2018

 

Section 34 Agreement filed with the Court for DA50/2017 for the demolition of existing structures and construction of a part4/5 residential flat building comprising 42 units (11 x 1 bedroom, 28 x 2 bedroom and 3 x 3 bedroom) at 614-616 Mowbray Road and 23 Mindarie Street, Lane Cove North.

 

 

Figure 11: Existing Consents

 

A total of 79 apartments were approved in total across DA18/2017 and DA50/2017 comprising 29 x 1 bedroom, 44 x 2 bedroom and 6 x 3 bedroom units.

PROPOSAL

 

The Development Application is for the demolition of existing structures, construction of a part 4/5 storey residential flat building development for 77 units (26 x 1 bedroom, 43 x 2 bedroom and 8 x 3 bedroom), two levels of basement parking for a total of 127 vehicles, and stratum subdivision. The proposed Site Plan is shown in Figure 12 below.

 

Figure 12: Proposed Site Plan

 

The proposed external finishes of the residential flat building are characterised by white render for the principal structure, face brick to the ground floor level and the vehicle/pedestrian entranceways, and charcoal render or black-powder coat finish for the upper storey and recessed articulation elements. The front fence is a masonry base with fixed black powder coated fencing.

 

Vehicular access to the basement parking level is proposed from Kullah Parade with no access proposed from Mowbray Road. The basement parking level provides parking for 127 vehicles comprising 107 resident spaces (inclusive of 16 accessible spaces), 20 visitor spaces (inclusive of 2 car wash bays and 1 accessible space). The proposal also provides 9 motorbike spaces and 21 bicycle spaces.

 

Waste management proposed within the development comprises the provision of individual unit waste storage, chute delivery of general waste, per storey collection of recyclables, a common waste storage area within the basement and capability for on-site waste collection through the provision of suitable vertical clearance within the basement and maneuvering. The existing Court approved consents provide for on-site waste collection but do not provide for a general waste chute waste delivery system in non-compliance with the Lane Cove Development Control Plan.

 

Common open space is provided through a number of ground-level and on-structure common open space areas. Three embellished common open space areas are provided on-roof, servicing each of the three lift cores with BBQ, accessible toilet, shade structures and outdoor furniture.

 

Twenty-seven (27) trees are proposed to be removed. Thirteen (13) existing trees are to be retained. The submitted landscaping plan indicates a total of forty (40) replacement trees. The existing Court approved consents provided for retention of three (3) trees compared to thirteen (13) in the proposed scheme.

 

Subdivision is proposed in the form of a stratum subdivision of the existing 6 torrens title allotment into 2 stratum allotments.

 

ASSESSMENT HISTORY

 

The following table provides an overview of the applications assessment history including key amendments made by the applicant:

 

Date

Description

18/04/2019

Subject Development Application lodged.

19/07/2019

Request for further information provided to the applicant outlining matters including floor space ratio, further information to support the building height variation request, and front setback landscape quality.

 

23/08/2019

Further information submitted by the applicant including the following key design changes:

·    Compliant ADG building separation provided to the common boundary with 15-21 Mindarie Street and extent of blank wall encroachments minimised;

·    Deletion of one bedroom unit at Level 2 to provide 4 storey street wall to Mindarie Street (reducing total units from 79 to 78);

·    Reduced size of eastern three bedroom units at Level 4 to improve solar access to 15-21 Mindarie Stree and the provisions of revised solar access modelling; and

·    Increased deep soil zones in the north-eastern corner of the site to Mowbray Road frontage and increased landscaping.

 

16/10/2019

Meeting held with the applicant regarding the number of storeys, floor space ratio and quality of front setback landscaping.

 

21/10/2019

Further information submitted by the applicant including the following key design changes:

·    Deletion of the 6th storey component;

·    Deletion a 3 bedroom unit at Level 2 and conversion to common open space to reduce GFA (reducing total units from 78 to 77);

·    Embellishment of common open space areas to provide additional BBQ and common open space facilities; and

·    Further deep soil zone to Mowbray Road frontage.

 

 

SECTION 4.14 ASSESSMENT

 

The proposal is subject to the provisions of Section 4.14 of the Environmental Planning and Assessment Act, 1979, as the site is mapped as bush fire prone land. The proposal was referred to NSW Rural Fire Service who provided concurrence in the form of General Terms of Approval under Division 4.8 of the Environmental Planning and Assessment Act 1979 and a Bushfire Safety Authority under Section 100B of the Rural Fires Act 1997 attached (AT1). The proposal is considered satisfactory with respect to Section 4.14 of the Act.

 

SECTION 4.15 ASSESSMENT

 

The following assessment is provided against the relevant provisions of Section 4.15 of the Environmental Planning and Assessment Act, 1979:

 

Section 4.15 Matters for Consideration

 

(a)  The provisions of:-

 

 

(i)         Any environmental planning instrument:

 

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

The proposal was accompanied by a Preliminary Site Investigation Report by Alliance Geotechnical. The sites have been used for residential purposes since the 1950s. The report concludes that the environmental concerns are limited to materiality used on the dwellings given their age including asbestos and metals. The report authors are of the view that the site can be suitably remediated through appropriately managed demolition and removal of existing structures and can be made suitable for the proposed residential development. Council’s Environmental Health Section have reviewed the report and raise no objections subject to draft conditions including implementation of the recommendations of the Alliance Geotechnical report. The proposal is considered satisfactory with respect to SEPP No. 55 – Remediation of Land subject to draft conditions of consent (Refer condition 41).

 

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

 

A BASIX certificate has been submitted which demonstrates compliance with the provisions of the SEPP and is consistent with the commitments identified in the application documentation.  A standard condition has been included as a draft condition of consent requiring compliance with this BASIX certificate. The proposal is considered satisfactory with respect to SEPP (BASIX) 2004.

 

SEPP 65 – Design Quality of Residential Apartment Development

 

This Policy aims to improve the design quality of residential flat development. This proposal has been assessed against the following matters relevant to SEPP 65 for consideration:

 

·    The 9 SEPP 65 Design Quality Principles; and

·    The NSW Apartment Design Guide (ADG) guidelines.

 

The proposal meets with all objectives of the design quality principles and the Apartment Design Guide. An excerpt of the applicant’s design verification statement is attached (AT2). A copy of the SEPP 65 assessment against the design quality principles and a compliance table against the design criteria of the Apartment Design Guide is also attached (AT3). The following departures have been identified within the table and addressed as follows:

 

·    Building Depth – The ADG specifies a maximum building depth of 18 metres (glass-line to glass-line). The subject proposal provides a building depth of between 12-25 metres being a variation of up to 7m. The aims of the ADG in setting a building depth relate to controlling bulk and supporting good amenity outcomes within apartments. The proposed residential flat building while at points exceeds the maximum 18m has provided a layout which would provide high levels of amenity to future residents, exceeding the minimum solar access and natural ventilation requirements. Further, the building is not consistently in excess of the 18 metre depth control, with cross-through apartments not exceeding 15m in depth. The majority of other units, by way of the building articulation (stepping-in/out) have multiple aspects where they are situated in a part of the building exceeding 18m depth. The building depth is comparable to the adjoining building to the south and is largely observant of building separation controls and is considered satisfactory against the Apartment Design Guide in this instance.

 

·    Building Separation – The proposed building separation to the 5th storey balcony is less than 9 metres. However, the proposed balcony has incorporated suitable planter boxes to reduce overlooking, is uncovered to reduce overshadowing, and the building line itself is set back in excess of 9 metres (9.57 metres) being a specific amendment made by the applicant during the assessment of the proposal. It is noted that the amended proposal has at the upper levels deleted units, converting them to private open space, which has further reduced the bulk and scale of the proposal at the upper levels. A variation to building separation is considered satisfactory against the Apartment Design Guide in this instance.

 

Lane Cove Local Environmental Plan 2009

 

Permissibility

 

The subject site is zoned R4 High Density Residential under LCLEP 2009. A residential flat building is permitted with consent in the zone:

 

residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.

 

The proposal meets with the definition and is considered satisfactory with respect to permissibility under LCLEP 2009.

 

Subdivision

 

The proposal seeks to consolidate the existing six allotments and stratum subdivide the resulting lot into two (2) stratum allotments. LCLEP 2009 does not prohibit stratum subdivision of the residential flat building. The consolidation of the lot and stratum subdivision to split building management in to two stratum lots is permissible under LCLEP 2009 and is satisfactory in Council’s view.

 


 

Development Standards

 

The proposal has been assessed against the applicable development standards within LCLEP 2009 as detailed in the following table of compliance:

 

Lane Cove LEP 2009

Proposal

Compliance

4.3 Height

14.5m

Roof: maximum 16.2m, 1.7m or 11.7% departure.

Lift overrun: maximum 18.8m, 4.3m or 29.6% departure.

No, up to 29.6% departure, merits addressed below.

4.4 FSR

1.60:1 (5,822.4m2)

1.60:1 (5,822m2)

Yes

 

> Clause 4.3 - Height of Buildings

 

A maximum building height of 14.5m applies to the site under LCLEP 2009. The proposed building has a maximum building height of 16.2m (1.7m or 11.7% variation) to the roof and a maximum building height of 18.8m (4.3m or 29.6% variation) to a lift overrun. It is noted that the extent of the variation from the originally submitted application has been reduced. The height plane diagrams shown in Figure 13 and Figure 14 viewed from the west (Kullah Parade) and detail the originally submitted height variation (Figure 13) and the height variation resulting from amendments to the plans made by the applicant during the course of the assessment of the application (Figure 14). The reductions have occurred principally to the Kullah Parade frontage of the building. 

 

Figure 13: Original 3D Building Height Plane

 

Figure 14: Amended Building Height Plane

 

 

Clause 4.6 Exceptions to development standards

 

Clause 4.6 of LCLEP 2009 allows exceptions to development standards.  Consent must not be granted for development that contravenes a development standard unless the consent authority has considered and agrees with the written request from the applicant that seeks to justify the contravention of the development standard. This written request must demonstrate compliance with the relevant provisions of Clause 4.6 of LCLEP 2009.  These matters are discussed below:

 

Written request provided by the applicant

 

The applicant provided a written request seeking a variation to the development standard with the lodged application.  A copy is provided to the Panel (AT4). Under Clause 4.6(3) the applicant is required to demonstrate:

 

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

 

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

 

1.       Whether compliance with the development standard would be unreasonable or unnecessary in the circumstances of the case.

 

The Clause 4.6 variation has argued that it is unreasonable or unnecessary to require strict compliance with the development standard for the following reasons:-

 

·    The objectives of the standard are achieved notwithstanding the non-compliance with the numerical standard (First Method established in Wehbe v Pittwater Council [2007] NSW LEC 287).

 

The proposal provides for a better solar access outcome to the southern adjoining property when compared with a compliant building envelope.

 

The privacy and visual impacts have been addressed through a combination of apartment orientation, locating balconies to screen other balconies, privacy screens and blade walls.

 

The proposal does not result in any meaningful impact to solar access to the public domain.

 

The proposal steps with the topography of the site and the height breaches are generally point encroachments at the point of the step.

 

The point encroachments are balanced by other parts of the development which are below the height control, particularly at the north-eastern corner, north-western corner and along the western elevation.

 

Compliance with the development standard is considered to be unreasonable and unnecessary in the circumstance of the subject proposal. The written request clearly demonstrates that the breaches to height are the result of massing decisions that do not result in any additional impact compared to a compliant scheme. Clause 4.6(3)(a) is considered to be satisfied.

 

2.       Environmental planning grounds to justifying contravening the development standard.

 

The decision in Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 demonstrates that the requirement in Clause 4.6(3)(b) of the LEP to justify there are sufficient environmental planning grounds for the variation, requires identification of grounds particular to the circumstances of the proposed development, and not simply grounds that apply to any similar development on the site or in the vicinity.

 

The applicant has argued that:

 

·    “The proposed distribution of built form and massing of the building across the site is the result of a considered analysis of the site and surrounding context and the desire to deliver a positive urban design outcome with a high level of architectural merit and residential amenity.

 

·    The proposal has been designed to respond to significant fall across the site with competing needs of providing a high level of amenity for lower levels of the development as well as achieving architectural expression in storeys which is compatible with the emerging scale of development. The balancing of these needs has contributed to a highly modulated built form which steps with the fall of the land and serves to generate a particularly high level of visual interest and architectural merit whilst delivering an excellent level of residential amenity. The stepping of the development is such that there are some areas which are below the height control and other areas which exceed the height control.

·    The proposed development has been specifically designed as a robust architectural solution for the site which will result in a high quality development that will sit comfortably within the streetscapes of Mowbray Road, Hatfield Street and Mindarie Street.

 

·    The scale of the proposed development does not result in any unreasonable impacts on the surrounding properties in terms of loss of solar access, loss of privacy or visual impact. The greatest extent of the breach occurs for the lift core at the north western corner of the development and is located back from the edge of the building, such that this component will not be readily visible from the public domain. The architectural package includes a solar access analysis which demonstrates that the proposed scale of the development will not unreasonably overshadow development on surrounding properties nor the public domain. In particular, the proposal actually achieves an improved outcome in relation to shadow cast to the southern adjacent building when compared to the shadow cast by a compliant envelope on the site, notwithstanding the height variation. This is the result of a highly considered design solution for the site.

 

Comment:

 

The building massing does provide for a better outcome for the properties to the south particularly in relation to solar access. The solar access diagrams submitted with reiteration two of the scheme detailed greater solar access was provided than a compliant scheme. The final (and third) reiteration of the proposed scheme has deleted two rooftop units from the western part of the building which has further improved solar access to the western edge of No. 15-21 Mindarie Street. The environmental planning grounds provided are considered satisfactory and supported. Clause 4.6(3)(b) is considered to be satisfied.

 

3.    Consistent with the zone objectives and objectives of the development standard.

 

Development consent cannot be granted to vary a development standard unless a consent authority is satisfied that the proposed development would 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. An assessment against the objectives of building height and the R4 High Density Residential zone contained within LCLEP 2009 are provided as follows:

 

Height of Building Objectives

 

Clause 4.3 (1) provides the following objectives:-

 

(a)  to ensure development allows for reasonable solar access to existing buildings and public areas;

 

Comment: The applicant has provided shadow diagrams from 9.00am through to 3.00pm in midwinter. The diagrams demonstrate the level of overshadowing the proposed development would have on the existing surrounding residential properties. The proposal does not result in any additional overshadowing when compared with a compliant building envelope. In particular, the north-eastern edge building, at the height variation, does not encroach beyond the edge of the 4th storey roof and accordingly, has no additional shadow when compared to that portion of the roof if deleted. This was achieved by providing a 9.57m setback where the ADG only requires 9m. Further, the amendments to the design deleting rooftop apartments to Kullah Parade has resulted in no overshadowing of Mindarie Park from the proposed development between 9am and 3pm mid-winter.

 

Figure 15: Alignment of Roof Edge and Balcony Edge in Parallel (2pm Mid-Winter)

 

 

(b)  to ensure that privacy and visual impacts of development on neighbouring properties, particularly where zones meet, are reasonable;

 

Comment: The variation to the lift overrun and uppermost residential level do not result in any privacy and visual impacts to surrounding developments with privacy suitably addressed through planter boxes and balustrade setbacks.

 

(c)  to seek alternative design solutions in order to maximise the potential sunlight for the public domain; and

 

Comment:  The proposed development provides a high level of solar access to the public domain.

 

(d)  to relate development to topography

 

Comment:  The proposed development has been amended to be more responsive to the topography of the site including the removal of two units to the roof top along the western part of the building fronting Kullah Parade. The proposal appropriately steps with the topography of the site and in section only sits a single storey higher than No. 15-21 Mindarie Street, despite the significant difference in topography (see Figure 16 below).

 

Figure 16: Additional Storey (Green) Relating to Topography of Site

 

In accordance with the above, the development complies with the LCLEP 2009 objectives for the height control and is supported.

 

R4 High Density Residential Zone Objectives

 

The R4 High Density Residential Zone objectives are as follows:

 

·   To provide for the housing needs of the community within a high density residential environment

 

Comment: The proposal provides 77 apartments to meet the housing needs of the community in accordance with the established strategic planning for the locality. The improved apartment layout and provision of utilities (in particular three high quality roof top communal open space areas) compared with previously approved schemes for the site provide for a higher amenity for future occupants.

 

·   To provide a variety of housing types within a high density residential environment.

 

Comment: The proposal provides for a variety of unit types within a high density residential environment (26 x 1 bedroom, 43 x 2 bedroom and 8 x 3 bedroom).

 

·   To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

Comment: Not applicable.

 

·   To provide for a high concentration of housing with good access to transport, services and facilities.

 

Comment: The proposal has good access to Epping Road and Mowbray Road public transportation services.

 

·   To ensure that the existing amenity of residences in the neighbourhood is respected.

 

Comment: The proposed building design has regard to the existing amenity of residences in the neighbourhood in accordance with the Apartment Design Guide for apartment development.

 

·   To avoid the isolation of sites resulting from site amalgamation.

 

Comment: The proposal does not result in isolation of any site.

 

·   To ensure that landscaping is maintained and enhanced as a major element in the residential environment.

 

Comment: The proposal provides for landscaped areas well in excess of Apartment Design Guide requirements (17% where ADG requires 15%) including appropriate streetscape and boundary plantings. The resulting landscape scheme would contribute to local amenity and the broader landscaped character of the residential environment by increasing the overall quantum and quality of landscaping for residential apartment development.    

 

In accordance with the above, the development complies with the LEP 2009 objectives for the R4 High Density Residential zone.

 

4.       Concurrence of the Director General.

 

The Local Planning Panel can assume concurrence for exceptions to development standards where the variation to the development standard is greater than 10%.  As the proposal is referred to the Local Planning Panel for determination; concurrence is taken to be assumed.

 

5.         Conclusion

 

The objectives of Clause 4.6 are to provide an appropriate degree of flexibility in applying certain development standards and to achieve better outcomes for and from development by allowing flexibility in particular circumstances. The variations to the height standard of LCLEP 2009 are considered justified and supported in the circumstances of this case.  The development would satisfy the objectives of the control despite the non-compliance with the height control. The development satisfies the objectives and the criteria outlined in clause 4.6. As such, the variation is considered well founded, results in a better planning outcome and is in the public interest.

 

 

 

(ii)        Any proposed instrument (Draft LEP, Planning Proposal)

 

 

Draft Remediation of Land SEPP

 

The Draft Remediation of Land SEPP was subject to public exhibition between 31 January and 13 April 2018. The Draft SEPP maintains the overarching objectives being to promote the remediation of land to reduce the risk of potential harm to human health or the environment. The new draft measures primarily relate to scenarios where more complex remediation/ongoing management is required, and where the certification of remediation works is undertaken as development not requiring consent. While the Draft does consider introducing planning guidelines for the assessment/preparation of preliminary site investigations, such as the one lodged with the subject Development Application, the report has been reviewed in detail and is sufficient for its purpose. The proposal is not inconsistent with the Draft Remediation of Land SEPP.

 

 

 

(iii)       Any development control plan

 

 

Lane Cove Development Control Plan 2010

 

The proposal has been assessed against Part C – Residential of Lane Cove Development Control Plan 2010 as outlined in the attached tables of compliance (AT5). The following variations to Lane Cove Development Control Plan 2010 are proposed and addressed as follows:

 

·     Basement Setback – The DCP allows for a 2m encroachment of the basement in to the street setback zone. The proposal provides a compliant basement setback to Kullah Parade. However, a part of the basement to Mowbray Road does not comply with the 5.5m setback requirement. The extent of the variation is depicted in Figure 17 below. The shaded red area depicts where the top of the basement slab is the ground level above. The shaded orange area includes a 3m deep soil area above. The shaded green area is deep soil zone provided. The proposal provides a consolidated basement design, when compared to the previous approved schemes, which removes driveway entrances from Mowbray Road and allows for the retention of a significant pocket of trees on the Mindarie Street frontage. The encroachment is considered satisfactory in this instance as the extent of encroachment has been minimised, and the benefits of a consolidated scheme in the overall landscaped streetscape are considered to outweigh the lack of deep soil zone. In any event, the applicant has proposed tree planting within planter boxes through this zone, and has provided significantly larger tree plantings in the shaded green and orange zones where greater soil depths are required. It is further noted that a draft condition of consent recommends installation of a minimum 4m high trees as part of the landscaping works, which would result in a higher quality landscaping outcome being achieved at commencement of the development. A variation is considered satisfactory in this instance.

 

Figure 17: Front Setback Basement Encroachment

 

·     Number of Storeys – The proposal exceeds the maximum number of storeys. A maximum of 4 storeys is permitted where a maximum of 5 storeys is proposed. The 5th storey is primarily a result of stepping with the topography of the site. The proposal was amended by the applicant to ensure that the proposal was no greater than 4 storeys at the three principal corners of the building. Namely, to Mindarie Street, the corner of Mowbray Road and Kullah Parade and to the eastern corner to Mowbray Road, as shown in Figure 18 below. Additionally the 5th storey element has been appropriately articulated through additional setbacks and change in materiality to minimise its prominence within the streetscape. A single storey variation to deal with changes in topography has been applied on a number of other developments in this locality. The impact is considered to be minimised and satisfactory in this instance with the variation centrally located within each elevation and the amenity impacts on adjoining properties have been demonstrated to be reasonable (See discussion of building height within LCLEP 2009). A variation to the DCP for number of storeys is considered satisfactory in this instance.

 

Figure 18: 4 Storey Elements Shaded Green (Mowbray Top, Kullah Parade Bottom)

 

·     Deep Soil Zones -  The Mowbray Precinct DCP calls for 40% deep soil however the ADG minimum (7-15%) and general Part C controls (25% soft landscaping and 15% on structure) have been applied consistently to development in the locality. The proposal exceeds both these minimums and a variation is considered satisfactory in this instance.

 

Other sections of Lane Cove Development Control Plan 2010 have been addressed through referrals as outlined in the following table:

 

Referral

DCP

Comment

Accessibility

 

Part F – Access and Mobility

No objection subject to draft conditions to achieve compliance.

 

Landscaping

 

Part J – Landscaping

Front setback landscaping resolved through amended plans and draft conditions.

 

Tree Preservation

 

Part J – Landscaping

No objection subject to draft conditions.

Engineering

 

Part O – Stormwater Management

No objection subject to draft conditions.

 

Waste Management

 

Part Q – Waste Management and Minimisation

No objection subject to draft conditions.

Traffic, Transport and Parking

 

Part R – Traffic, Transport and Parking

No objection subject to draft conditions.

Building Surveyor

 

N/A

No objection subject to draft conditions.

Environmental Health

 

Part B – General Controls (Part B6/B7)

No objection subject to draft conditions.

 

 

(b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

 

The impacts of the development have been considered and demonstrated to not adversely impact either the natural and built environments, social and economic or amenity of the locality.

 

 

(c)  The suitability of the site for the development

 

 

The site suitability has been established as the site constraints have been addressed as outlined within this report.

 

 

(d) Any submissions made in accordance with this Act or the regulations

 

 

The proposal was notified in accordance with Council policy and 5 submissions were received. The submissions are summarised and addressed within the following table:

 

Concern

Comment

The height breach is excessive.

 

The breach in height is addressed in the report and the impacts have been addressed and are now considered reasonable in this instance.

 

The number of storeys is primarily 5 and 6 storeys not 4 storeys as allowed for by the DCP.

 

The proposal was amended to remove the 6 storey component and increase the 4 storey parts of the building. The proposal as amended is considered satisfactory as outlined in the report.

 

The building width is excessive and deep soil zones are extremely limited to street frontages.

 

The variation to building width has been addressed in the report with suitable articulation of building massing provided. The deep soil zones have been improved through amended plans and the proposal provides for retention of deep soil zones on Mindarie Street (removed under a previous scheme). The landscaping to Mowbray Road is proposed to be further embellished through draft conditions of consent to ensure appropriate utilization of deep soil zones is achieved. The outcome is considered reasonable and supported in this instance.

 

The building depth exceeds the 18m limitation set by the ADG.

 

The non-compliance with ADG depth is addressed in the report and the design of the building is considered to provide a high level of amenity to apartments.

 

Unsatisfactory reduction in natural light to the north-facing units of No. 15-21 Mindarie Street, Lane Cove North, including less than 70% of units receiving ADG compliant solar access.

 

The amended proposal provides for complaint building separation, and further separation at the upper storey to improve solar access. The site topography and orientation make maintaining the existing solar access for the southern adjoining property unreasonable. The proposal has sought to maximise solar access when compared to a compliant building envelope and the height breach, overall does not result in a worse outcome for the southern adjoining property. The solar access outcome is considered reasonable in this instance.

 

The traffic impacts of an additional 130+ vehicles in an increasingly congested Kullah Parade and Mindarie Street precinct.

 

The proposal is within the planned density for the site and is a permissible use. The proposed car parking has been provided in accordance with Council controls and a traffic and parking assessment submitted with the proposal has determined the road network can accommodate the development of the site for a residential flat building.

 

The placement of the car park entrance on Kullah Parade in an area of no parking results in a higher speed area which is not safe.

 

The proposed location on Kullah Parade has been reviewed by Council’s Traffic and Transport Section and adequate sightlines are available to allow the safe use of the driveway in accordance with Australian Standards. The further benefits of using Kullah Parade is the retention of a pocket of mature trees on Mindarie Street, and an improved façade to Mowbray Road with improved landscaping opportunities to this street.

 

The privacy impacts in particular to the western apartments of No. 15-21 Mindarie Street from the proposed setback to the shared boundary (9m total separation) is unsatisfactory and makes private balconies unusable.

 

The proposal has been amended to ensure blank walls or privacy measures are provided within the 6m building separation zone to the western boundary of No. 15-21 Mindarie Street. The outcome is considered to provide for reasonable privacy and would allow continued use of private balconies in line with Apartment Design Guide provisions.

 

The construction hours specific to the Mowbray Precinct should be enforced for this application.

 

The Mowbray construction hours are reflected in the draft conditions of consent.

 

 

(e) Public Interest

 

 

The proposal is in the public interest as it provides for planned residential accommodation with an adequate balance between the amenity of future occupants and that of adjoining properties.

 

SECTION 7.11 ASSESSMENT

 

The proposal is subject to the provisions of the Lane Cove Section 94 Contributions Plan which levies new developments to assist in catering for the demand placed on existing Council community facilities and/or infrastructure. The Section 7.11 contribution payable is calculated in accordance with the Plan being the average number of persons per dwelling size as detailed in the following table:

 

No. bedrooms

Average occupancy

Amount of contribution per dwelling

No. of Dwellings

Total contribution

1 Bedrooms 

1.2 persons

$10,642.00 x 1.2 =

$12,770.40.00 per dwelling

26 x $12,770.40

$332,030.40

2 Bedrooms

1.9 persons

$10,642.00 x 1.9 =

$20,219.80 per dwelling

Capped Rate $20,000.00 per dwelling

43 x $20,000.00

$860,000.00

3 Bedrooms

2.4 persons

10,642.00 x 2.4 = $25,540.80

Capped Rate $20,000.00 per dwelling

8 x $20,000.00

$160,000.00

 

 

 

TOTAL

$1,352,030.40

 

The Section 7.11 contribution payable is reduced through any existing credit applied to the existing entitlements as detailed in the following table:

 

No. bedrooms

Average occupancy

Amount of contribution per dwelling

No. of Dwellings

Total contribution

2+ Bedrooms

N/A

Capped Rate $20,000.00 per dwelling

6 x $20,000.00

$120,000.00

 

 

 

TOTAL

$120,000.00

 

The Section 7.11 contribution payable is $1,352,030.40 - $120,000.00 = $1,232,030.40

 

CONCLUSION

 

The matters in relation to Section 4.15 of the Environmental Planning and Assessment Act 1979 have been satisfied.

 

The proposed variation to the building height standard under Lane Cove Local Environmental Plan 2009 is considered justified and is supported. The written request adequately addresses the matters in Clause 4.6(3) and the proposal meets with both the zone and standard objectives despite the non-compliance with the prescriptive measure of building height contained within Lane Cove Local Environmental Plan 2009.

 

The application complies with SEPP 65 – Design Quality of Residential Apartment Development, the Floor Space Ratio under Lane Cove Local Environmental Plan 2009 and complies with Lane Cove Development Control Plan 2010 either by way of compliance with the prescriptive measures or the objectives.

 

This Development Application for a single residential flat building provides significant improvements when compared with the existing residential flat buildings approved by the Court on the site and the submissions have been addressed by suitable amendments to the design.

 

The proposed development would be reasonable and therefore is recommended for approval subject to draft conditions.

 

 

 

RECOMMENDATION

 

That the Lane Cove Local Planning Panel at its meeting of 4 November 2019, exercising the functions of the Council as Consent Authority pursuant to Clause 4.16 of the Environmental Planning & Assessment Act 1979 approve a variation to the height prescribed by Clause 4.3 of the Lane Cove Local Environmental Plan 2009, as it is satisfied that the applicant’s request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, and the proposed development would be in the public interest as it is consistent with the objectives of that particular standard and the objectives for development within the zone.

 

That pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 4 November 2019, exercising the functions of Council as the consent authority, grant consent to Development Application DA48/19 for the demolition of existing structures and construction of a residential flat building on Lots 12-16 in DP 35865 and Lot 97 in DP 36362, known as 608-616 Mowbray Road and 23 Mindarie Street, Lane Cove North, subject to draft conditions in Attachment 6.

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services

 

 

ATTACHMENTS:

AT‑1View

Bushfire Safety Authority

2 Pages

 

AT‑2View

SEPP 65 Design Vertification Statement Excerpt

1 Page

 

AT‑3View

SEPP 65 Assessment Table

17 Pages

 

AT‑4View

Clause 4.6 Written Request - DA48/2019

13 Pages

 

AT‑5View

DCP Assessment Table

6 Pages

 

AT‑6View

Draft Conditions of Consent

20 Pages

 

 

 


ATTACHMENT 1

Bushfire Safety Authority

 

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ATTACHMENT 2

SEPP 65 Design Vertification Statement Excerpt

 


ATTACHMENT 3

SEPP 65 Assessment Table

 

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ATTACHMENT 4

Clause 4.6 Written Request - DA48/2019

 

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ATTACHMENT 5

DCP Assessment Table

 

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ATTACHMENT 6

Draft Conditions of Consent

 

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