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Agenda

Lane Cove Local Planning Panel Meeting

3 December 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   on Tuesday 3 December 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.

 

 

 

 

 

 

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.       Section 4.55(1A) - 496-520 Pacific Highway, St Leonards............................ 4

 

2.       594-598 Mowbray Road and 5-7 Mindarie Street, Lane Cove North... 25

 

 

 

 

 

 


 

Lane Cove Local Planning Panel Meeting 3 December 2019

Section 4.55(1A) - 496-520 Pacific Highway, St Leonards

 

 

Subject:          Section 4.55(1A) - 496-520 Pacific Highway, St Leonards    

Record No:    DA15/212-01 - 67189/19

Division:         Environmental Services Division

Author(s):      Henry  Burnett 

 

 

 

Property:

496-520 Pacific Highway, St Leonards

DA No:

DA212/2015

Date Lodged:

10 September 2019

Cost of Work:

No change to original cost of work.

Owner:

New Hope VIMG Pty Ltd

Applicant:                        

New Hope VIMG Pty Ltd

C/O – Urbis Pty Ltd

Proposal

Section 4.55(1A) Modification to a Mixed Use Development

Zone

B4 Mixed Use

Notification

Notification not required under Council notification policy due to minor extent of modifications.

 

REASON FOR REFERRAL

 

The proposal is referred to the Lane Cove Local Planning Panel as the development is subject to a Planning Agreement.

 

EXECUTIVE SUMMARY

 

The proposal seeks to modify an approved multi-storey mixed use development approved by the Sydney North Planning Panel.

 

The proposed modifications can be characterised as design refinements made to improve efficiency of the design and to respond to market demand. The principal modifications are summarised in the following table including the reason and the impact of the modification:

 

Modification

Reason

Impact

Reduction in Units: 429 to 415 and new larger unit types.

Responding to market demand for larger apartments.

 

Larger apartments with no reduction in amenity.

Straightening of internal basement ramp and loading rationalisation.

To improve safety, efficiency of design and maneuvering within basement.

 

Improved basement layout.

Aluminium cladding replaced with fibre cement panels.

 

To remove aluminum cladding from the building.

Improved building safety.

Reduced blank wall to Pacific Highway retail frontage.

To maximise street activation to Pacific Highway.

Improved façade presentation to Pacific Highway.

 

Straightening of external façade (Level 25-26, 28-35).

To provide for more efficient apartment layouts.

Rationalised façade design in keeping with other levels.

 

 

The proposal has been assessed against the relevant provisions of Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 as detailed in the report and is considered satisfactory.

 

But for the Planning Agreement, the proposal would otherwise be able to be determined by Council staff under delegated authority.

 

The Section 4.55 Modification Application is reported to the Lane Cove Local Planning Panel with a recommendation for approval.

 

SITE

 

The site is known as 496-520 Pacific Highway, St Leonards and is an amalgamation of three adjoining allotments legally known as Lot 1 DP 1179636, SP82937 and Lot 1 DP 1203289. The site has a total area of 3,752m2. The site is on the southern side of the Pacific Highway and is bounded within Friedlander Place to the east, Christie Street to the west and Nicholson Street to the south. The site is adjoined by a mixture of high rise commercial and residential development. The existing site structures have been demolished and excavation, piling and shoring construction has commenced. 

 

Figure 1: The Site (Shaded Red)

(Source: Nearmap / Photograph Date: March 2019)

 

PREVIOUS APPROVALS/HISTORY

 

Date

Description

04/01/2018

Deferred Commencement Development Consent granted to DA212/2015 for construction of mixed-use building comprising non-residential podium, 429 apartments and associated car parking and upgrade works to Friedlander Place, by the Sydney North Planning Panel. The deferred commencement matter pertained to the approval of Sydney Trains on a number of construction matters.

 

07/09/2018

The operative consent for DA212/2015 was issued.

 

26/10/2018

Section 4.55 Modification Application to modify the construction hours (condition 17) approved by Council on 26 October 2018.

 

02/04/2019

 

Section 4.55 Modification Application to modify internal design approved, with the exception of the air-conditioning modification which was refused, by the Lane Cove Local Planning Panel.

 

 

PROPOSED MODIFICATION

 

The proposed modification is summarised by the applicant as follows, with detail provided where considered necessary below:

 

·          Changes to parking layouts and storage areas to basement levels;

·          Replacement of curved internal parking ramps with straight parking ramps to basement levels;

·          Reconfiguration of loading dock and waste rooms on basement level 1;

·          Reconfiguration of other building services to basement levels;

·          Changes to internal apartment layouts, mix and commensurate change in car parking numbers;

·          Overall decrease in number of apartments (429 to 415);

·          Minor changes to the adaptable apartment mix (minimum 20% retained);

·          Changes to external façade materiality including replacement of aluminium panels from ground level to level 3 with painted fibre cement;

·          Removal of substation exhaust from Friedlander Place;

·          Inclusion of a yoga studio and workshop to basement level 1;

·          Minor changes to OSD tank location; and

·          Increased retail frontage to Pacific Highway.

 

A comparison between the approved development and the proposed modification is provided in the following table:

 

Component

 

Approved (as modified 2/4/19)

Proposed

Change

Supported

GFA

Res. Amenities: 1,607m2

Residential: 40,024m2

Non-Residential: 6,364m2

 

Total: 47,995m2

 

Res. Amenities: 1,663m2

Residential: 40,451m2

Non-Residential: 6,435m2

 

Total: 48,485m2

Res. Amenities:

+56m2

Residential:

+427m2

Non-Residential:

+71m2

 

Total: +554m2

Yes

FSR

Residential: 11.096:1

Non-Residential: 1.696:1

 

Total: 12.792:1

 

Residential:

11.22:1

Non-Residential: 1.71:1

 

Total: 12.93:1

Residential:

+0.124:1

Non-Residential:

+0.014:1

 

Total: +0.138:1

Yes

Building Height (Max)

RL227.4

RL227.4

No change.

Yes

Apartment Mix

Studio: 44

1 bedroom: 108

2 bedroom: 220

3 bedroom: 54

4 bedroom: 2

5 bedroom: 1

 

Total: 429 apartments

 

Studio: 44

1 bedroom: 95

2 bedroom: 210

3 bedroom: 63

4 bedroom: 2

5 bedroom: 1

 

Total: 415 apartments

 

Studio: No change.

1 bedroom: -13

2 bedroom: -10

3 bedroom: +9

4 bedroom: No change.

5 bedroom: No change.

 

Total: -14 apartments.

 

Yes

Adaptable Apartments

1 bedroom: 20

2 bedroom: 53

3 bedroom: 12

 

Total: 85 apartments (20%)

 

1 bedroom: 20

2 bedroom: 54

3 bedroom: 9

 

Total: 83 apartments (20%)

 

1 bedroom: N/A

2 bedroom: +1

3 bedroom: -3

 

Total: -2 apartments (No change to %) provided).

 

Yes

Parking

Residential Disabled: 86

Residential: 283

Residential Visitor: 39

Res. Visitor Disabled: 4

 

Total Residential: 412

 

Total Non-Residential: 80

 

Total: 492

 

Residential Disabled: 83

Residential: 281

Residential Visitor: 38

Res. Visitor Disabled: 4

 

Total Residential: 406

 

Total Non-Residential: 79

 

Total: 485

Residential Disabled:

-3

Residential: -2

Residential Visitor:

 -1

Res. Visitor Disabled: Nil

 

Total Residential: -6 spaces

 

Total Non-Residential: -1 space

 

Total change: - 7 spaces

 

Yes

 

The presently approved plans and the proposed plans are provided at Attachment 1 and Attachment 2 respectively.

 


 

A detailed description of the proposed modification as detailed by the applicant within the Statement of Environmental Effects is provided in the following table:

 

Level

 

Proposed Modification

Basement Levels (Basement 06 – Basement 01)

Basement 06 – Basement 01

 

·          Replacement of curved with straight car park ramp (Figure 2).

·          Reconfiguration of car parking and storage sapces.

·          Reduction in footprint of airsupply ducts.

·          Removal of bicycle spaces from B06-02 to secure storage area on B01.

·          Rationalisation of structural design and minor change to lifts.

·          Relocation of switch room from B02 to lower ground.

·          Modification to substation on B02 to meet Ausgrid requirements.

 

Basement 01

 

·          Provision of yoga room and workshop room to B01 adjacent to golf room.

·          Reconfiguration of loading bay and relocation of waste room to be adjacent to loading dock. (Figure 2)

·          Reconfiguration of OSD tank, pump room and grease arrestor room.

 

Basement Parking and Retail Levels (Nicholson Street – Lower Ground)

Nicholson Street

·          Minor increase to approved retail space.

·          Removal of hydraulic plant and gas regulator room.

·          MDF (Main Distribution Frame) room relocated within the same level. 

 

Lower Ground

 

·          Switch room relocated from B02 to Lower Ground.

·          Reconfiguration of pool mechanical plant room and fire pump room.

·          Minor changes to approved retail tenancy layout.

·          Removal of retail lobby.

 

Retail and Residential Lobby/Facilities Levels (Ground – Level 01)

Ground Floor

·          Removal of substation exhaust from Friedlander Place and replaced with soft landscaping.

·          Relocation of mail room.

·          Increased retail frontage to Pacific Highway.

·          Minor reconfiguration of retail lobby.

·          Relocation of Fire Control Room (FCR).

 

Level 01

·          Increased retail frontage to Pacific Highway.

·          Minor changes to approved retail tenancy layout.

 

Commercial Levels (Level 02-03)

Level 02-03

 

No significant change proposed.

 

Commercial and Residential Apartment Levels (Level 04-07)

Level 04

·          Adjustment to balcony alignment of Unit 407 and 412.

 

Level 05-07

No significant change proposed.

 

Residential Apartment Levels (Levels 08-41)

Level 08-41

·          New Apartment Types:

-           Type 56: 3 bed single storey – level 22, 24-26, 28, 32-25, 40.

-           Type 57: 2 bed multi storey – levels 24-25, 28-29

-           Type 58: 3 bed multi sotrey – levels 24-25, 28-29 (Fig. 3)

-           Type 59: 2 bed multi storey – levels 40-41

-           Type 60: 2 bed single storey – level 22, 24-26, 28, 32-34

·          Modification to Existing Apartments Levels 22-41

-           Type 17: Level 15 up designated as adaptable

-           Type 8-14: Layout rationalised no longer adaptable

·          Minor layout changes to 1 and 2 bed units to levels 8-21, 23, 27, 29, 30 and 31.

·          Minor layout changes to levels 36 and 38 to match layout of 34.

 

Sky Homes (Level 42-43)

Level 42-43

No significant change proposed.

Roof Level (Roof Level)

Roof Level

No significant change proposed.

 


 

The following Figures provide a comparative view between the approved and proposed plans for some of the key modifications described in the above table. For a complete comparison see Attachment 1 and Attachment 2.

 

 

 


 

It is also noted that the applicant is not seeking to satisfy condition 144 through the proposed modification and that this will be sought separately. Condition 144 states as follows:

 

            At the north-eastern corner, the sharp corner created by the meeting of the northern and eastern façade balconies should be amended so that there is a clear continuation of the curved façade when the project is viewed from the Pacific Highway.

 

PROPOSED MODIFICATIONS TO CONDITIONS

 

The applicant has proposed the following modifications to existing condition of consent if the amendments proposed are supported:

 

Condition

Proposed Modification

Comment

1 – Approved Plans

 

To replace the approved plans with the plans submitted with the subject Section 4.55 Modification Application through modification of condition 1.

No objection.

13 – Section 7.11

 

The Section 7.11 Contribution would be altered as a result of the amended plans and condition 13 would need to be modified as follows:

 

Residential Contributions

Dwelling Type

Total Number of persons per dwelling type

Contribution payable @$10,332/person

2018/2019 fees and charges

44 x Studio

44 x 1.2 = 52.8

$545,529.60

95  x 1 bedroom

108 x 1.2 = 114

$1,177,848.00

210 x 2 bedroom

210 x 1.9 = 399

$4,122,468.00

63 x 3 bedroom

A cap of $20,000 per dwelling has been imposed under the Reforms of Local Development Contribution

$1,260,000

2 x 4 bedroom

A cap of $20,000 per dwelling has been imposed under the Reforms of Local Development Contribution

2 x $20,000 = $40,000.00

$40,000

1 x 5 bedroom

A cap of $20,000 per dwelling has been imposed under the Reforms of Local Development Contribution

1 x $20,000 = $20,000.00

$20,000

Total 415 units

 

$ 7,165,845.60

 

Commercial/retail contributions

 

Proposed Use

Area

Contribution payable @ $130 per m2 2018/2019 fees and charges

Retail/ Commercial

6,435m2

$836,550.00

 

Credit for existing commercial buildings

 

Use

Area

Contribution payable @ $130 per m2 2018/2019 fees and charges

Commercial Buildings

14,129m2

$1,836,770.00

 

Total Section 7.11 Contributions Payable

 

Contribution Type

Amount

2018/2019 fees and charges

Residential:

$7,165,845.60

Commercial/Retail:

$836,550.00

Total

$8,002,395.60

Credit for existing commercial buildings:

 

$836,550.00 (minus)

Total Contribution:

$7,165,845.60

 

The total Section 7.11 contribution for the proposal is $7,165,845.60

 

Note 1: The applicant sought to offset the residential contributions with the remaining commercial credit however this is not allowed for under the Plan (as was detailed in the original consent, and confirmed in the payment of the Section 7.11 Contribution of $7,342,963.60 by the applicant under the existing condition (indexed at 2018/2019 rates).

 

Note 2: The condition is modified to be at the 2018/2019 rates because the Section 7.11 Contribution based on the approved scheme for 429 units was paid at 2018/2019 rates (payment made in August 2018) and accordingly the same rate should be applied in the case of a reduced apartment yield as indicated above.

 

The new balance and condition would result in a refund to the amount of $177,118.00 for the 2018/2019 year

 

No objection subject to the commercial credit only being applied against commercial component as per original consent.

24 – Fibrecrete Swimming Pool

 

The applicant has sought the deletion of condition 24 relating to construction of the swimming pool. The condition unnecessarily specifies the swimming pool materiality as ‘fibrecrete’ which is not the proposed materiality of the proposed pool. 

No objection.

139 – Erosion and Sediment Control

 

The applicant has sought to modify condition no. 139 relating to erosion and sediment control as it erroneously refers to condition 150 instead of condition 138.

No objection.

 

SECTION 4.55(1A) ASSESSMENT

 

1.         Compliance with Section 4.55(1A) of the EP&A Act, 1979

 

In accordance with Section 4.55(1A) Modifications involving minimal environmental impact, the consent authority may consider a modification of development consent provided:

 

(a)        the proposed modification is of minor environmental impact;

 

The proposed modification is of no greater environmental impact. The design maintains the approved building envelope, with the exception of minor rationalisation of the external façade for a proportion of the storeys and does not reduce the extent of landscaping.

 

(b)       the proposal is substantially the same development;

 

The proposal is substantially the same development being primarily the result of design refinement with only a minor increase in GFA in the context of the overall development, no alteration to the maximum building height, no change to the approved uses, no change to the outer façade design, a reduction in the number of apartments, and associated changes to the apartment mix.

 

(c)        has been notified in accordance with the regulations and a development control plan;

 

The proposed modification was not notified in accordance with Council’s notification policy.

 

(d)       Council has considered any submissions regarding the proposed modification;

 

Not applicable.

 

2.         Compliance with Section 4.55(3) of the EP&A Act, 1979

 

Section 4.55(3) requires Council to consider relevant matters referred to in Section 4.15(1) and any reasons given by the consent authority for the granting of the original consent.

 

Section 4.15(1) Matters for Consideration

 

(a)        The provisions of

 

(i)         Any environmental planning instrument

 

 SEPP 65

 

            Solar Access

 

            The apartments proposed to be modification have been assessed with respect to SEPP 65 and the Apartment Design Guide and is satisfactory the following is noted as a comparison between the approved (as modified) and proposed scheme:

 

ADG Requirement

Approved (as modified)

Proposed

Comment

Min. 70% of units to achieve greater than 2 hours solar access at mid-winter.

 

64.3%

65.54%

No, however improved compliance. 

Max. 15% to receive no solar access across 9:00am to 3:00pm mid-winter.

 

27%

20.96%

No, however improved compliance.

 

The proposal in reducing the number of units overall and by rationalizing unit layouts has provided for a better overall solar access outcome. This has been supported by a solar access analysis submitted with the Section 4.55 Modification Application prepared by SLR dated August 2019.

 

Apartment Layout

 

The proposal introduces five new apartment types which are reviewed with respect to the Apartment Design Guide (ADG) and all are consistent with approved kitchen/room depths from the original consent, the minimum ADG bedroom dimensions, minimum ADG apartment sizes, minimum ADG balcony size and depths. In summary, they provide for a commensurate level of amenity when compared to the approved design. The Apartment types are detailed in Figures 4-8 below:

 

Apartment Type 56

 

Figure 4: Apartment 56 Type

 


 

Apartment Type 57

 

     

Entry Level                                         Upper Level

Figure 5: Apartment Type 57

 

Apartment Type 58

 

    

Entry Level                                         Upper Level

Figure 6: Apartment Type 58

 


 

Apartment Type 59

 

    

Entry Level                             Upper Level

Figure 7: Apartment Type 59

 

Apartment Type 60

 

Figure 8: Apartment Type 60


 

 

 

            LCLEP 2009

 

The proposed modification has been assessed against the relevant provisions of LCLEP 2009:

 

Consideration

 

Control

Proposal

Compliance

Clause 4.4 – Floor Space Ratio (max.)

17:1 and 12:1

Total

15.03:1

Increase from 12.792:1 to 12.93:1

 

Yes

Clause 6.6(4) – Non-residential Floor Space Ratio (min.)

 

Minimum 1.5:1

Increase from 1.696:1 to 1.71:1

Yes

 

 (ii)        Any proposed instrument

 

N/A

 

(iii)       Any development control plan

 

The proposal retains compliance with LCDCP 2010.

 

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

 

The likely impact of the development is unchanged.

 

(c)        The suitability of the site for the development

 

The proposed modification is considered minor and does not alter the suitably of the site for the development as previously assessed.

 

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

 

Not applicable.

 

(e)        The public interest

 

The proposed modification raises no public interest issues and provides reasonable design refinement with no adverse impacts.

 

REFERRALS

 

Traffic and Transport

 

Traffic and transport have reviewed the revised basement level and are of the view that the revised basement design including straightened internal basement ramp on Levels Basement 6 – Basement 1 does improve the efficiency of the basement layout and improves safety with particular regard to the separation of the loading dock from the residential vehicle movements.

 

Environmental Health/Waste

 

Environmental Health/Waste have reviewed the proposal and are of the view that the proposal provides for a more efficient waste room layout and accordingly raises no objection to the modification.

 

Tree Preservation

 

No objections or further conditions required.

 

CONCLUSION

 

The matters in relation to Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 have been considered.

 

The proposed modifications have been assessed against the relevant environmental planning instruments and development control plans and are considered satisfactory.

 

The proposed modifications principally relate to design refinement including improving the efficiency of the layout and responding to market demand in the provision of larger apartment sizes. The proposed modifications do not reduce the visual quality of the development as approved and maintain the amenity provided to future occupants.

 

The Section 4.55(1A) Modification Application is therefore considered satisfactory.

 

 

RECOMMENDATION

 

That pursuant to section 4.55(1A) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at its meeting of 10 December 2019 exercising the functions of the Council as the consent authority grant consent to the Section 4.55 Modification Application to Development Application No. 212/2015 on land known as 496-520 Pacific Highway, subject to the following:

 

i.          The replacement of condition 1 as follows:

 

            1.         The development be strictly in accordance with the following drawings:

 

Drawing Number

Title

Date and Revision

Prepared By

A.DA001

External View

28.08.2019 Rev C

Warren & Mahoney

A.DA004

Development Summary

28.08.2019 Rev C

Warren & Mahoney

A.DA012

Basement 6

28.08.2019 Rev C

Warren & Mahoney

A.DA013

Basement 5

28.08.2019 Rev C

Warren & Mahoney

A.DA014

Basement 4

28.08.2019 Rev C

Warren & Mahoney

A.DA015

Basement 3

28.08.2019 Rev C

Warren & Mahoney

A.DA016

Basement 2

28.08.2019 Rev C

Warren & Mahoney

A.DA017

Basement 1

28.08.2019 Rev C

Warren & Mahoney

A.DA018

Nicholson Street

28.08.2019 Rev C

Warren & Mahoney

A.DA019

Lower Ground

28.08.2019 Rev C

Warren & Mahoney

A.DA020

Ground Level

28.08.2019 Rev C

Warren & Mahoney

A.DA022

Basement 6

28.08.2019 Rev C

Warren & Mahoney

A.DA023

Basement 5

28.08.2019 Rev C

Warren & Mahoney

A.DA024

Basement 4

28.08.2019 Rev C

Warren & Mahoney

A.DA025

Basement 3

28.08.2019 Rev C

Warren & Mahoney

A.DA026

Basement 2

28.08.2019 Rev C

Warren & Mahoney

A.DA027

Basement 1

28.08.2019 Rev C

Warren & Mahoney

A.DA028

Nicholson Street

28.08.2019 Rev C

Warren & Mahoney

A.DA029

Lower Ground

28.08.2019 Rev C

Warren & Mahoney

A.DA030

Ground Level

28.08.2019 Rev C

Warren & Mahoney

A.DA101

Level 1

28.08.2019 Rev C

Warren & Mahoney

A.DA102

Level 2

28.08.2019 Rev C

Warren & Mahoney

A.DA103

Level 3

28.08.2019 Rev C

Warren & Mahoney

A.DA104

Level 4

28.08.2019 Rev C

Warren & Mahoney

A.DA105

Level 5

28.08.2019 Rev C

Warren & Mahoney

A.DA106

Level 6

28.08.2019 Rev C

Warren & Mahoney

A.DA107

Level 7

28.08.2019 Rev C

Warren & Mahoney

A.DA108

Level 8

28.08.2019 Rev C

Warren & Mahoney

A.DA109

Level 9

28.08.2019 Rev C

Warren & Mahoney

A.DA110

Level 10

28.08.2019 Rev C

Warren & Mahoney

A.DA111

Level 11

28.08.2019 Rev C

Warren & Mahoney

A.DA112

Level 12

28.08.2019 Rev C

Warren & Mahoney

A.DA113

Level 13

28.08.2019 Rev C

Warren & Mahoney

A.DA114

Level 14

28.08.2019 Rev C

Warren & Mahoney

A.DA115

Level 15

28.08.2019 Rev C

Warren & Mahoney

A.DA116

Level 16

28.08.2019 Rev C

Warren & Mahoney

A.DA117

Level 17

28.08.2019 Rev C

Warren & Mahoney

A.DA118

Level 18

28.08.2019 Rev C

Warren & Mahoney

A.DA119

Level 19

28.08.2019 Rev C

Warren & Mahoney

A.DA120

Level 20

28.08.2019 Rev C

Warren & Mahoney

A.DA121

Level 21

28.08.2019 Rev C

Warren & Mahoney

A.DA122

Level 22

28.08.2019 Rev C

Warren & Mahoney

A.DA123

Level 23

28.08.2019 Rev C

Warren & Mahoney

A.DA124

Level 24

28.08.2019 Rev C

Warren & Mahoney

A.DA125

Level 25

28.08.2019 Rev C

Warren & Mahoney

A.DA126

Level 26

28.08.2019 Rev C

Warren & Mahoney

A.DA127

Level 27

28.08.2019 Rev C

Warren & Mahoney

A.DA128

Level 28

28.08.2019 Rev C

Warren & Mahoney

A.DA129

Level 29

28.08.2019 Rev C

Warren & Mahoney

A.DA130

Level 30

28.08.2019 Rev C

Warren & Mahoney

A.DA131

Level 31

28.08.2019 Rev C

Warren & Mahoney

A.DA132

Level 32

28.08.2019 Rev C

Warren & Mahoney

A.DA133

Level 33

28.08.2019 Rev C

Warren & Mahoney

A.DA134

Level 34

28.08.2019 Rev C

Warren & Mahoney

A.DA135

Level 35

28.08.2019 Rev C

Warren & Mahoney

A.DA136

Level 36

28.08.2019 Rev C

Warren & Mahoney

A.DA137

Level 37

28.08.2019 Rev C

Warren & Mahoney

A.DA138

Level 38

28.08.2019 Rev C

Warren & Mahoney

A.DA139

Level 39

28.08.2019 Rev C

Warren & Mahoney

A.DA140

Level 40

28.08.2019 Rev C

Warren & Mahoney

A.DA141

Level 41

28.08.2019 Rev C

Warren & Mahoney

A.DA142

Level 42

28.08.2019 Rev C

Warren & Mahoney

A.DA143

Level 43

28.08.2019 Rev C

Warren & Mahoney

A.DA144

Roof plan

28.08.2019 Rev C

Warren & Mahoney

A.DA202

Pre & post Adaptable Layout

18.10.2017 Rev A

Warren & Mahoney

A.DA203

Pre & post Adaptable Layout

18.10.2017 Rev A

Warren & Mahoney

A.DA204

Pre & post Adaptable Layout

18.10.2017 Rev A

Warren & Mahoney

A.DA205

Pre & post Adaptable Layout

18.10.2017 Rev A

Warren & Mahoney

A.DA206

Pre & post Adaptable Layout

18.10.2017 Rev A

Warren & Mahoney

A.DA207

Pre & post Adaptable Layout

14.06.2018 Rev B

Warren & Mahoney

A.DA208

Pre & post Adaptable Layout

28.08.2019 Rev B

Warren & Mahoney

A.DA301

North & East Elevation

28.08.2019 Rev C

Warren & Mahoney

A.DA302

South & West Elevation

28.08.2019 Rev C

Warren & Mahoney

A.DA303

North Roof & Podium Elevation

28.08.2019 Rev B

Warren & Mahoney

A.DA304

South Roof & Podium Elevation

28.08.2019 Rev B

Warren & Mahoney

A.DA305

East Roof & Podium Elevation

28.08.2019 Rev C

Warren & Mahoney

A.DA306

West Roof & Podium Elevation

28.08.2019 Rev C

Warren & Mahoney

A.DA401

External Finishes

28.08.2019 Rev B

 

Warren & Mahoney

A.DA402

Roof Feature

18.10.2017 Rev A

 

Warren & Mahoney

A.DA403

Roof Feature

18.10.2017 Rev A

 

Warren & Mahoney

A.DA404

Balustrade Design

01.11.2018 Rev B

Warren & Mahoney

A.DA405

Signage Zones

18.10.2017 Rev A

 

Warren & Mahoney

A.DA406

Signage Zones

18.10.2017 Rev A

 

Warren & Mahoney

A.DA407

Feature Stair

18.10.2017 Rev A

 

Warren & Mahoney

A.DA408

Sky Garden

01.11.2018 Rev B

Warren & Mahoney

A.DA501

Building Sections

28.08.2019 Rev B

 

Warren & Mahoney

A.DA502

Ramp Section

28.08.2019 Rev C

Warren & Mahoney

A.DA503

Podium Retail Sections

18.10.2017 Rev A

 

Warren & Mahoney

A.DA504

Commercial Level Section

18.10.2017 Rev A

 

Warren & Mahoney

105

Landscape Masterplan (as modified)

October 2017, Issue O

Arcadia Landscape Architecture

106

Detail Plan – plaza

October 2017, Issue O

Arcadia Landscape Architecture

107

Detail Plan – terrace

October 2017, Issue O

Arcadia Landscape Architecture

108

Landscape Sections – Sections A & B

October 2017, Issue O

Arcadia Landscape Architecture

109

Landscape Sections – Sections C & D

October 2017, Issue O

Arcadia Landscape Architecture

110

Landscape Sections – Sections E & F

October 2017, Issue O

Arcadia Landscape Architecture

111

Public Domain Furniture

October 2017, Issue O

Arcadia Landscape Architecture

112

Planting Palette

October 2017, Issue O

Arcadia Landscape Architecture

113

Materials Palette & Schedule

October 2017, Issue O

Arcadia Landscape Architecture

201

Landscape Masterplan – Ground

October 2017, Issue O

Arcadia Landscape Architecture

202

Landscape Plan – Nicholson Lane

October 2017, Issue O

Arcadia Landscape Architecture

203

Landscape Plan – Ground

October 2017, Issue O

Arcadia Landscape Architecture

204

Landscape Plan – Ground

October 2017, Issue O

Arcadia Landscape Architecture

205

Landscape Plan – Ground

October 2017, Issue O

Arcadia Landscape Architecture

206

Landscape Plan – Level 2

October 2017, Issue O

Arcadia Landscape Architecture

207

Landscape Plan – Level 3

October 2017, Issue O

Arcadia Landscape Architecture

208

Landscape Plan – Level 4

October 2017, Issue O

Arcadia Landscape Architecture

210

Landscape Details – Paving

October 2017, Issue O

Arcadia Landscape Architecture

211

Landscape Details – Walls & Steps

October 2017, Issue O

Arcadia Landscape Architecture

212

Landscape Details –Planting

October 2017, Issue O

Arcadia Landscape Architecture

213

Landscape Specification

October 2017, Issue O

Arcadia Landscape Architecture

 

ii.          The replacement of condition 13 as follows:

 

13.       THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $7,165,845.60 AT THE CURRENT RATE OF $10,332 PER PERSON and $130 PER SQUARE METER FOR RETAIL/COMMERCIAL BASED ON THE 2018/2019 FEES AND CHARGES.   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

Residential Contributions

Dwelling Type

Total Number of persons per dwelling type

Contribution payable @$10,332/person

2018/2019 fees and charges

44 x Studio

44 x 1.2 = 52.8

$545,529.60

95  x 1 bedroom

108 x 1.2 = 114

$1,177,848.00

210 x 2 bedroom

210 x 1.9 = 399

$4,122,468.00

63 x 3 bedroom

A cap of $20,000 per dwelling has been imposed under the Reforms of Local Development Contribution

$1,260,000

2 x 4 bedroom

A cap of $20,000 per dwelling has been imposed under the Reforms of Local Development Contribution

2 x $20,000 = $40,000.00

$40,000

1 x 5 bedroom

A cap of $20,000 per dwelling has been imposed under the Reforms of Local Development Contribution

1 x $20,000 = $20,000.00

$20,000

Total 415 units

 

$7,165,845.60

 

Commercial/retail contributions

 

Proposed Use

Area

Contribution payable @ $130 per m2 2018/2019 fees and charges

Retail/ Commercial

6,435m2

$836,550.00

 

Credit for existing commercial buildings

 

Use

Area

Contribution payable @ $130 per m2 2018/2019 fees and charges

Commercial Buildings

14,129m2

$1,836,770.00

 

Total Section 94 Contributions Payable

 

Contribution Type

Amount

2018/2019 fees and charges

Residential:

$7,165,845.60

Commercial/Retail:

$836,550.00

Total

$8,002,395.60

Credit for existing commercial buildings:

 

$836,550.00 (minus)

Total Contribution:

$7,165,845.60

 

The total Section 94 contribution for the proposal is $7,165,845.60

 

iii.         The deletion of condition 24.

 

iv.        The replacement of condition 139 as follows:

 

139.     Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying Condition 138 ‘(C1) Erosion and sediment control‘. The devices shall be maintained during the construction period and replaced when necessary.

 

 

 

 

 

ATTACHMENTS:

AT‑1View

Approved Architectural Plans

150 Pages

Available Electronically

AT‑2View

Proposed Architectural Plans

150 Pages

Available Electronically

 

 


 

Lane Cove Local Planning Panel Meeting 3 December 2019

594-598 Mowbray Road and 5-7 Mindarie Street, Lane Cove North

 

 

Subject:          594-598 Mowbray Road and 5-7 Mindarie Street, Lane Cove North    

Record No:    DA16/216-01 - 62386/19

Division:         Environmental Services Division

Author(s):      Greg Samardzic 

 

 

 

Property:

594-598 Mowbray Road and 5-7 Mindarie Street, Lane Cove North

DA No:

DA 216/2016

Date Lodged:

30 August 2019

Owner:

Staldone Corporation

Applicant:                        

Hyecorp Property Group

 

Description of the proposal to appear on determination

Section 4.55 modification to an approved residential flat building development

Zone

R4 High 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 2 and 7a

Notification

Notified in accordance with Council’s policy 

 

REASON FOR REFERRAL

 

The subject Section 4.55 Modification Application is referred to the Lane Cove Local Planning Panel as the proposed development is subject to State Environmental Planning Policy (SEPP 65) – Design Quality of Residential Flat Development and the proposed building height exceeds 10% of the applicable maximum 14.5m building height development standard of Lane Cove Local Environment Plan (LEP) 2009.

 

EXECUTIVE SUMMARY

 

The subject Section 4.55 Modification Application includes design amendments but not limited to:

 

·          Increase the number of units from 64 to 65.

·          Restrict car parking to two levels and remove tandem storage areas.

·          Removal of one floor level and introduced equitable flat floor plates for the development.

·          Increase the size of the communal open space area.

 

The above amendments have resulted in breaches to the Lane Cove LEP 2009 maximum 14.5m building height development standard by a maximum of 4.2m, a 29% variation and the maximum of 1.6:1 floor space ratio development standard by 0.08:1, a variation by 5%. Whilst a formal application of Clause 4.6 – Exceptions to development standards is not required under a Section 4.55 Modification Application, the applicant has provided detailed Clause 4.6 written justifications to provide evidence how the beaches achieve a better planning outcome.

 

The maximum height breach relates to a lift overrun structure which provides access to the communal open space area and other breaches are due to the roof over the stair and toilet to the communal open space. The residential levels of the amended proposal are predominantly within the 14.5m height control. The proposed minor breach to floor space would be contained with the existing built envelope of the approved building.

 

The Section 4.55 Modification Application has been assessed in accordance with Sections of 4.55 and 4.15 of the Environmental Planning and Assessment Act 1979. It is considered that the proposed modification as submitted is ‘substantially the same development’ and would improve the overall functionality or internal amenity of the development while maintaining amenity objectives to surrounding developments.

 

The subject application was notified in accordance with Council’s notification policy and no submission was received. The proposed development is recommended for approval subject to amending relevant original conditions to reflect the updated redesign of the development. 

 

SITE AND SURROUNDS

 

Property

Lots 5, 6 & 7 in DP35865 and Lots 105 & 106 in DP36362

 

The subject development site is zoned R4 High Density Residential

 

Area

2,957m2

 

Site location

The subject site has 3 street frontages being Mindarie Street (eastern and southern street frontage) and Mowbray Road (northern street frontage). The site has a steep fall from north to south. The property is located within the Mowbray Precinct which is a residential area that is currently undergoing change with residential flat buildings in the immediate locality.

 

Existing improvements

The subject site comprises 5 lots, containing 5 detached dwelling houses with ancillary buildings.

 

Shape

Irregular shaped allotment with 3 street frontages.

 

Dimensions

46m northern frontage to Mowbray Road

79.6m eastern frontage to Mindarie Street

36.57m southern frontage to Mindarie Street

 

Adjoining properties

Directly adjoining the site to the west are residential flat buildings – Nos. 9-13 Mindarie Street and Nos. 600 Mowbray Road. The eastern and southern side of Mindarie Street includes construction of a residential flat building at Nos. 586-592 Mowbray Road and a completed residential flat building at Nos. 2-6 Mindarie Street. The properties located on the northern side of Mowbray Road, opposite the subject site fall within the Willoughby Local Government Area. These relevant properties and Willoughby Council was notified.

 

 

The Subject Development Site

 

Zoning Map

 

PREVIOUS APPROVALS/HISTORY

 

On 1 December 2014, DA14/202 was lodged which sought development consent for demolition and construction of a residential flat building comprising 52 units and parking for 85 cars over part of the subject site being – Nos. 594-596 Mowbray Road and 5-7 Mindarie Street. During the assessment process of the application, a number of matters of contention were raised by Council officers, with the most critical matter to be addressed relating to the potential isolation of No. 598 Mowbray Road.

 

On 13 January 2015, Council received notice of a Class 1 Appeal against Council’s deemed refusal of the Development Application (DA14/202). During the appeal process, the applicant provided amended plans and further information including confidential correspondence between the applicant and owner of No. 598 Mowbray Road, which demonstrated that the applicant had made fair and reasonable attempts over an extended period of time to purchase No. 598 Mowbray Road. In addition, concept schemes indicating how No. 598 Mowbray Road could be redeveloped in accordance with the LEP and DCP were presented.

 

Following on from the without prejudice discussions, the applicant provided plans to Council for determination. On 28 May 2015, DA14/202 for the construction of the residential flat building at Nos. 594-596 Mowbray Road and 5-7 Mindarie Street was approved following the submission of amended plans and further information which resolved Council’s contentions. On 1 June 2015, a Notice of Discontinuance was signed on behalf of both parties and was filed with the Court.

 

On 7 September 2015, Section 96(2) was lodged to modify DA14/202. The S96(2) sought minor amendments to internal floor plans including the reconfiguration of several units as a result of the removal of the garbage chute system and garbage rooms. Modifications sought also included amendments to a number of conditions regarding the calculations of Section 94 contributions, replacement of infrastructure, stormwater and drainage details, and the deletion of conditions relating to the construction noise management plan and the requirement to reconfigure a nominated unit.

 

On 19 October 2015, the applicant lodged an appeal against the deemed refusal of the modification application. On 1 December 2015, Section 96(2) Modification Application of DA14/202 was refused under delegated authority. The appeal was upheld. The Section 96(2) Modification Application was approved by the Land and Environment Court with no garbage chutes or compactor rooms, with a number of contentions agreed to or modified as a result of evidence provided during the proceedings. The Court endorsed Council’s method of Section 94 Contribution calculation.

Subsequent to the abovementioned development consents, the adjoining property to the west, No. 598 Mowbray Road, has become available. The applicant had been successful in purchasing No. 598 Mowbray Road, and as such, the property formed part of the overall development site for Development Application (DA16/216). On 4 May 2017, DA216/16 was granted consent by Lane Cove Council for demolition of 5 dwellings and construction of a part 4 and part 5 storey residential flat building over basement parking. The approval consisted of 64 dwellings being 20 x 1 bedroom, 37 x 2 bedroom and 7 x 3 bedroom units.

 

Based on the detail history of the subject development site including negotiations and outcomes of the Court proceedings, the approved development had involved a number of variations to Council’s DCP in relation to setbacks, building widths/depths and landscaping requirements.

 

PROPOSAL

 

The subject Section 4.55 Modification Application specifically seeks to amend the original approval by:

 

·          Carpark to be simplified to 2 levels with improved entry/exit egress.

·          To improve accessibility, basements are now level and slightly fall to suit drainage.

·          Tandem parking spaces removed.

·          Random and unconventional storage areas removed and relocated into a dedicated storage room.

·          Garbage chute rooms have been added to accommodate the 3 cores.

·          General changes to all residential levels to include internal redesigns to units to optimize design efficiency and accessibility; removed step in structure of building to establish uniform slab levels and garbage chutes have been added to all 3 cores.

·          Level removed.

·          Layout amended to connect 3 cores via common corridor for improved function to allow internal access to rooftop and other common areas without having to exit the building which was required under the original consent.

·          Redesigned unit G.10 to address bedroom privacy concerns and to remove adverse impact of the ramp overhead from under the unit causing headroom issues.

·          Original design had a portion of the carpark on a 3rd level which has been reassigned as a dedicated storage area.

·          Relocated southern common open space area (49sqm) to the northern area of the roof level and increased size of common open space to 300sqm for better amenity for future residents. The rooftop terrace contains a disabled toilet, BBQ area, wet area, lockable storage, power and low type bollard lighting.

·          New common open space added with full lift access and WC with perimeter landscaping (300sqm) to provide for improved solar access.

 

The original design contained 64 units with the following unit mix as follows:

 

·          20 x 1 bedroom units.

·          37 x 2 bedroom units.

·          7 x 3 bedroom units.

 

The proposed modified design contains 65 units with the following unit mix as follows:

 

·          19 x 1 bedroom units.

·          33 x 2 bedroom units.

·          13 x 3 bedroom units.

 

The original design contained a total of 106 car parking spaces and the amended design contains 111 spaces.

 

SECTION 4.55 ASSESSMENT

 

1.         Compliance with Section 4.55(2) of the EP&A Act, 1979

 

Under the provisions of Section 4.55(2) of the Environmental Planning and Assessment Act, 1979, Council may, in response to an application, modify a consent granted if the development, as modified, is substantially the same development as originally approved. It is considered that the proposed modification as submitted is ‘substantially the same development’ and would improve the overall functionality or internal amenity of the development while maintaining the objectives to complying amenity, privacy and overshadowing levels to surrounding developments. It is noted that the subject application has been notified and no submissions have been received.

 

 

2.         Compliance with Section 4.56(1A) of the EP&A Act, 1979

 

Section 4.56(3) requires Council to consider relevant matters referred to in Section 4.15(1) and any reasons given by the consent authority for the granting of the original consent.

 

Section 4.15(1) Matters for Consideration

 

(a)        The provisions of

 

(i)         Any environmental planning instrument

 

State Environmental Planning Policy (SEPP) No. 55 (Remediation of Land)

 

Clause 7(1) of the SEPP requires to Council to consider whether the land is contaminated. The long-term residential uses of the development site make contamination unlikely.

 

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

 

An amended BASIX assessment has been undertaken for the modified development and a certificate issued with an average star rating of 5.6 compared to the approved star rating of 5.4.

 

State Environmental Planning Policy (SEPP) No. 65 Design Quality of Residential Flat Development

 

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

 

·          The 9 SEPP 65 Design Quality Principles (attached (AT4); and

·          The NSW Apartment Design Guide (ADG) guidelines (attached (AT5).

 

The proposed development as amended is considered to adequately address the provisions of SEPP 65 and satisfy the requirements of the ADG. The proposed development as amended improves on the original approved scheme in an overall sense where it provides for improved internal amenity such as improved accessibility within the site and provision of a much larger rooftop common open space to ensure there is a useable recreational space for future residents.

 

Lane Cove Local Environmental Plan (LEP) 2009

 

Development Standards

 

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

 

Lane Cove LEP 2009

Proposal

Compliance

4.3 Height

14.5m

18.7m

No, see discussion below

4.4 FSR

1.6:1

1.68:1 (237m2)

No, see discussion below

 

 

 

Other Provisions

 

LEP

Proposed

5.6 Architectural Roof Features

The application does not propose or include any architectural roof features that exceed the maximum building height.

5.10 Heritage Conservation

The application is not within a heritage conservation area or within the vicinity of a heritage item identified under Schedule 5 of Lane Cove LEP 2009.

 

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 14.5m for any building on the subject site.

 

The maximum height of the development is 18.7m (variation of 29%). Whilst a formal application of Clause 4.6 – Exceptions to development standards is not required under a Section 4.55 Modification Application, the applicant has provided detailed Clause 4.6 written justification to provide evidence how the breach achieves a better planning outcome. 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:

 

(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 amended proposal has taken advantage of flatter parts of the land to locate the part of the massing which fronts Mowbray Road and Mindarie Street so that both of these frontages comply with the control and the ground floor units are located at natural ground level to maximise solar access and amenity. Where the breach occurs to the residential levels and access to communal open space it is setback from the street elevation of the building on each of these frontages. The first breach to where Unit 401 is located up to a maximum height of 15.8m is a result of the cross fall in land and is well setback from the street.

 

 

There is also a breach to the upper level (maximum height of 15.8m), communal stair (maximum height of 16.9m) and communal lift overrun (maximum height of 18.7m). The amended proposal also responds to the topography of the site by locating the communal open space in the north-eastern corner of the rooftop to reduce the building bulk and where solar access, views and amenity are significantly improved and where it is set back in excess of 30m and to 40m away from all adjoining buildings so as to not to give rise to any significant adverse amenity impacts. The amendment has removed one floor level and introduced flat plates for ease of equitable access for all of the development.

 

The amended proposal is considered to be provide a better planning outcome in terms of amenity and equitable access. A compliant building would result in an inferior and poor planning outcome in relation to internal movement and amenity.

 

The maximum height breach relates to a lift overrun structure which provides access to the communal open space area and the minor breaches are due to the roof over the stair and toilet to the expanded communal open space. The residential levels of the amended proposal are predominantly within the 14.5m height control. The proposed development as amended would improve the overall functionality or internal amenity of the development without significant adverse impacts such as minor additional overshadowing which is reasonable in this context onto surrounding developments. All surrounding developments would continue to receive complying levels of solar access under the proposed development as amended. There are no additional privacy impacts arsing from the amended proposal. 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.

 

 

The proposed amendments provide for a better planning outcome by providing for improved functionality, communal open space areas (from 852m2 to 1,055m2) and units without adversely affecting surrounding properties. The proposal as amended would be consistent with other residential flat building developments in the immediate 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 improving the whole design of the approved development. The applicant also better considers the topographical characteristics of the site and that the proposal would not be readily discernible in the context of existing developments within the locality. These references are of sound justification and would be consistent or reasonable approach undertaken in the assessment of other Development Applications which contain rooftop open space structures which beach the height standard. The variation is supported in this instance for reasons already stated above.

 

Objectives of the particular standard

 

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

 

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

 

The proposal as amended has only minor shadow impacts on surrounding residential dwellings and to the public areas where they would continue to receive satisfactory exposure to sunlight. The proposal as amended maximises solar access where the beach to the height control is located centrally to the proposed building on the northern end of the site and the shadows are demonstrated as being within the shadows of the compliant portions of the proposed building.

 

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

 

The proposal as amended would not contain additional privacy impacts onto the adjoining developments and the visual impact of the proposed development would be satisfactory. The impact would be from Unit 401 however the unit is well set back from the level below and from the adjoining boundary which would assist in reducing direct overlooking with adjoining residents.

 

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

 

The proposed design as amended is the best possible outcome achieved as the revised

improved floor plates have improved the functionality of the whole development without

compromising the requirement to ensure the maximum amount of sunlight is provided to the

public domain.

 

      (d)  to relate development to topography.

 

The site has a slope towards the south and the proposed works address existing natural ground levels. The proposal as amended adequately relates to the existing topography of the site and meets the 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 (whilst not technically required for a Section 4.55 Modification Application) provides evidence to demonstrate that there are only minor and reasonable impacts and that a better planning outcome would be achieved.

 

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 buildings and the relevant zone objectives which are:

 

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

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

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

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

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

 

Is the exception well founded?

 

It is considered that the request for exception is well founded and is supported given that the development as amended would deliver a superior built form outcome in consideration of the site’s characteristics and its location amongst the surrounding buildings.

 

Clause 4.3 Floor Space Ratio

 

Floor space ratio is defined in the Lane Cove LEP2009 as meaning the floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area. Clause 4.4(2) of Lane Cove LEP 2009 states that the maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. In this instance, the Floor Space Ratio Map identifies an FSR of 1.6:1 for any building on the subject development site.

 

The maximum floor space ratio (FSR) of the development as amended is 1.68:1 (variation of 5%). Again, whilst a formal application of Clause 4.6 – Exceptions to development standards is not required under a Section 4.55 Modification Application, the applicant has provided detailed Clause 4.6 written justification to provide evidence how the beach achieves a better planning outcome. Refer to Attachment (AT3) to view the applicant’s written Clause 4.6 justification.

 

The applicant had provided the following justification/s:

 

The result of lowering the building by a level in the amended proposal is significantly improved amenity for all of units on the ground plane and a more responsive stepping of the habitable spaces across the site to the advantage of the amenity of the dwellings. However, in reconfiguring the units and reallocating the above ground space previously occupied by the approved car parking, the proposed amendment results in a variation to the FSR standard by 5%. The breach is predominantly within the approved building envelope and results from providing car parking wholly below ground level and introducing flat plates for equitable access within all of the development.

 

A compliant building would result in an inferior poor planning outcome in terms of failing to provide disabled access throughout the building and direct equitable access to the upper level communal open space which is located to maximise solar access, amenity and use of the open space. The proposal provides for a better planning outcome in removing a floor from the majority of the building and providing the affected residential floor space on the upper levels of the building which benefit from the high amenity additional communal open space (203m2) and high levels of solar access and outlook.

 

The proposal is demonstrated not to give rise to any significant amenity impacts in terms of solar access, privacy, views or bulk and scale with regards to the breach. 

 

 

The proposed development as amended would improve the overall functionality and internal amenity of the development while maintaining amenity objectives to surrounding developments. The design approach adopted by the applicant and the justification/s provided are supported. The proposed breach to floor space by only 0.08:1 (237m2) would be contained with the existing built envelope of the approved building. The proposed variation is a technical minor non-compliance which does not significantly add to development yield.

 

 

The proposed amendments provide for a better planning outcome by providing for improved internal amenity of units and future residents while maintaining amenity objectives to surrounding properties. The proposal as amended would be consistent with other residential flat building developments in the immediate 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 improving the whole design of the approved development. The applicant also relies that the proposal as amended would not be readily discernible in the context of existing developments within the locality. These references are of sound justification and would be a consistent or reasonable approach undertaken in the assessment of other Development Applications. The variation which is minor is supported in this instance for reasons already stated above.

 

Objectives of the particular standard

 

The objective of Clause 4.4 Floor space ratio is as follows:

 

to ensure that the bulk and scale of development is compatible with the character of the locality.

 

The proposal as amended is to be contained within the approved building envelope of the original design which would not be inconsistent with other recently approved residential flat building developments within the existing locality and does meet this objective. There is other part 5 storey residential flat building developments recently constructed along Mowbray Road (see below) and the proposal as amended would not be inconsistent with the emerging streetscape of Mowbray Road. Currently, there is a part 5 storey residential flat building proposed under DA94/2019 at 640-646 Mowbray Road.

 

 

 

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 (whilst not technically required for a Section 4.55 Modification Application) provides evidence to demonstrate that the proposal as amended would maintain amenity objectives to surrounding developments and that a better planning outcome would be achieved.

 

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 4.4 Floor space ratio and the relevant zone objective which is:

 

to ensure that the bulk and scale of development is compatible with the character of the locality.

 

Is the exception well founded?

 

It is considered that the request for exception is well founded and is supported given the development as amended would provide for improved amenity for future occupants and maintaining amenity objectives to the surrounding locality.

 

 

 

 

 

 

(i)               Any proposed instrument (Draft SEPP, LEP, Planning Proposal)

 

Draft State Environmental Planning Policy (SEPP) (Remediation of Land)

 

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.

 

(ii)              Any development control plan

 

Lane Cove DCP 2010

 

A full assessment of the proposal under DCP 2010 is illustrated in the following compliance table as follows:

 

PART B – GENERAL

 

PART B – GENERAL

DCP Control

Proposed

Complies

B3 Site Amalgamation & Isolated site

Development for the purpose of residential flat buildings and high density housing should not result in the isolation of sites such that they cannot be developed in compliance with the relevant planning controls, including Lane Cove LEP 2009 and this DCP.

Existing approved development site

 

N/A

B.6 Environmental Management

6.3 Energy and Water Efficiency for Buildings

Incorporate passive solar design techniques to optimise heat storage within the building in winter and heat transfer in summer.

An amended BASIX Certificate has been provided with the subject application demonstrating water and energy efficiency and which has achieved a higher rating than the original BASIX certificate (from a rating of 5.4 to 5.6).

Yes

B.7 Developments near Busy Roads and Rail Corridors

Acoustic assessments for noise sensitive developments as defined in clauses 87 and 102 of the Infrastructure SEPP may be required if located in the vicinity of a rail corridor or busy roads.

The proposal is located within a noise sensitive area, being in close proximity to Mowbray Road.

 

Yes – subject to original imposed conditions

For residential and the residential part of any mixed use development, appropriate measures must be taken to ensure that the following LAeq levels are not exceeded:

I.   in any bedroom in the building: 35dB(A) at any time 10pm–7am

II.  anywhere else in the building (other than a garage, kitchen, bathroom or hallway): 40dB(A) at any time.

Satisfactory.

Yes

B.8 Safety and Security

Ensure that the building design allows for casual surveillance of access ways, entries and driveways.

Casual surveillance has been provided from the ground floor apartments. 

Yes – subject to conditions

8.1 Activation

8.1.1 General

Development is to be well connected to the street and contribute to the accessibility of the public domain,

Adequate street access has been provided.

Yes

All development is to face the street and/or public open spaces and provide uses at ground level that provide activity.

 

The development is orientated towards both Mowbray Road and Mindarie Street and provides for uses at the ground floor that promote activity and ground floor apartments.

Yes

8.1.2 Residential development

All ground floor apartments, villas, townhouses and attached or detached dwellings that have a street frontage other than battle axe blocks are to have direct access or entries from the street and at least one habitable room with windows facing the street.

The proposed development has direct access from the street to the lift lobbies with habitable room windows facing both Mowbray Road and Mindarie Street.

Yes

8.2 Passive Surveillance

All development at ground level is to offer passive surveillance for safety and security of residents and visitors.

The ground floor provides passive surveillance in the form of POS and balconies facing the street.

Yes

 

PART C – RESIDENTIAL DEVELOPMENT

 

PART C RESIDENTIAL DEVELOPMENT

DCP Control

Proposed

Complies

C.3 Residential Flat Buildings

3.2 Density

The minimum site area for residential flat developments is 1,500m².

The subject site has an area of 2,957m².

Yes

3.3 Building Depth

The maximum residential flat building depth is to be 18m.

The building depth ranges from 14m to 29m and the variation was approved under the original application.

No, however the unit or building redesigns are comparable to the approved design of the units or building.

This depth is exclusive of balconies

Depth is exclusive of balconies.

Yes

3.4 Building Width

The maximum overall width of the building fronting the street shall be 40m.

 

Greater widths may be permissible if the proposed building articulation is satisfactory in the streetscape.

Mindarie St south: 29m

Mindarie St east: 60m

Mowbray Rd: 36m

 

The above variation was approved under the original application.

No, however the approved building width have remained unchanged

 

3.5 Setbacks

3.5.1 Front/Street

The front setback of the building shall be consistent with the prevailing setback along the street (refer Diagram No.1) or where there is no prevailing setback, 7.5m.

 

For corner allotments, the secondary setback requirement is the same as the side setback requirement (6m for up to 4 storeys, 9m for 5-8 storeys)

Mindarie St (south)

7.5m with encroachments by 500mm of courtyards, balconies, bedrooms and living areas.

 

Mowbray Rd

7.5m with encroachments by 500mm of courtyards, balconies, bedrooms and living areas.

 

Mindarie St (east)

This frontage the secondary street frontage, with the primary street frontages being Mindarie St (south) and Mowbray Rd. A 6m setback is provided with encroachments by 500mm of courtyards (with screen planting in front), balconies, bedrooms and living areas.

 

The above variations were approved under the original application.

No, however the approved front setbacks have remained unchanged

The front setback area shall comprise terraces and gardens to the ground floor dwellings, deep soil zones, driveways and pathways.

Provided on the submitted landscape plan. 

Yes

3.5.2 Side and Rear

To the boundary within the R4 zone, the minimum side and rear setback shall be:

 

6m up to 4 storeys

9m for 5-8 storeys

Adjacent common boundary with 9-13 Mindarie St

Ground to Level 3:

Portions of balconies, bedrooms and living areas encroach within the 6m side setback requirement.

 

5th storey:

Portions of the kitchen, secondary balcony and bedrooms are located within the required 9m side setback. 

 

Adjacent common boundary with 600-606 Mowbray Rd

Ground to Level 3:

Portions of balconies, bedrooms and living areas encroach within the 6m side setback requirement.

 

5th storey:

Unit 410 is located within the required 9m side setback area along the western boundary.

 

Adjacent common boundary with 9-13 Mindarie St

Upper Ground to Level 3:

Minor portions of living areas (0.5m) encroach within the 6m rear setback requirement.

 

5th storey:

Balconies are located within the 9m rear setback requirement.

 

The above variations were already approved under the original application although there are some design unit and balcony redesigns along the common boundaries at the north western corner of the site and level adjustments adjacent to 9-13 Mindarie Street.

No, however the changes in design and levels along the common boundaries are satisfactory and while maintaining amenity objectives to adjoining properties

To the boundary shared with R2 and R3 zones the minimum set back will be 9m if habitable rooms/balconies orient this side.

Not applicable.

N/A

3.5.3 General

In general, no part of a building or above ground structure may encroach into a setback zone. Exceptions are:

I.          Encroachments into the setback zone of up to 2m may be permitted for underground parking structures no more than 1.2m above ground level (existing), where there is no unreasonable effect on the streetscape. Refer to Diagram 10.

 

 

 

 

II. Awnings, balconies, blade walls, bay windows and other articulation elements up to a maximum of 500mm.

 

 

 

III. Setback variation may be required or permitted on merit to preserve existing trees.

 

 

 

The basement redesign further encroaches into the permitted 2m control. There is a reduced setback provided along the boundary with 9-13 Mindarie Street under the subject application from 4m to 1m for a length of approximately 20m. The outline of the amended basement is ‘substantially the same’ as the approved basement.

 

 

 

 

 

 

Encroachments consistently applied and facades/balconies more than 500mm in accordance with the original approval. This is considered to still be reasonable as privacy has still been highlighted and addressed.

 

 

N/A

 

 

 

No, however the further protrusions and encroachments result in an improvement to the overall basement design while maintaining amenity objectives to the adjoining development

 

No, however the encroachments are consistent with the approved encroachments

 

 

N/A

 

 

3.6 Building Separation (within developments)

Unless indicated elsewhere through block controls within the DCP, separation distances within a development are the same as provided under the ADG.

Refer to Part 3F of ADG Compliance table.

No - SEPP 65 applies and overrides DCP provisions however there is adequate building separation involved as privacy has still been highlighted and addressed.

3.8 Excavation

Excavation for major development is to be contained as close as practicable to the footprint of the development.

Excavation for basement parking is generally within the footprint of the proposed building, the encroachments are permitted and consistent with approved basement setbacks.

Yes

Uses at ground level are to respond to the slope of the street by stepping frontages and entries to follow the slope.

Topography has been considered and improved within the design.

Yes

The extent of excavation proposed for underground uses should not compromise the provision of deep soil areas or landscaped areas for residential flat buildings.

Approved deep soil provisions have largely been retained.

Yes

3.9 Design of Roof Top Areas

The design of exterior private open space such as roof top gardens is to address visual and acoustic privacy, safety, security, and wind effects.

Roof top design has addressed relevant matters through the provision of improved amenity levels of the common open space area which is now much large in area and contains appropriate utilities.

Yes

3.10 Size and mix of dwellings

 In residential flat buildings and the residential component of mixed-use buildings, studio dwellings are to have a minimum size of 40m². This dwelling size is a net area and is to be exclusive of balconies, common corridors and lobbies, car spaces, storage areas outside the dwelling, private and communal open spaces and lift and other services shafts.

Refer to Part 4D of the ADG Compliance Table.  Clause 6A of SEPP 65 – DCP provisions are of no effect

N/A

In residential flat buildings and the residential component of mixed-use buildings, development should include a mix of 1, 2 and 3 bedroom units. At least 10% of each unit type should be provided.

·          19 x 1 bedroom (29%)

·          33 x 2 bedroom (51%)

·          13 x 3 bedroom (20%)

 

Apartment mix is acceptable and similar to approved mix. The proposal as amended provide for much improved amenity levels as better unit layout have been designed for.

Yes

3.11 Private Open Space (balconies and terraces)

Refer to Part 4E of the ADG Compliance Table.  Clause 6A of SEPP 65 – DCP provisions are of no effect

3.13 Storage

Refer to Part 4G of the ADG Compliance Table.  Clause 6A of SEPP 65 – DCP provisions are of no effect

3.15 Natural Ventilation

Refer to Part 4B of the ADG Compliance Table.  Clause 6A of SEPP 65 – DCP provisions are of no effect

3.16 Visual privacy

Refer to Part 3F of the ADG Compliance Table.  Clause 6A of SEPP 65 – DCP provisions are of no effect

3.17 Communal Open Space

A minimum of 25% of the site area is to be provided as communal open space.

35.67% where previously it was at 29%.

Yes

3.18 Landscaped Area

A minimum of 40% of the site area is to be planted, comprising 25% landscaped area and a further minimum of 15% planting on structures or landscaped area.

37.5% landscaped area provided which has included landscaped rooftop areas as landscaped areas with 31.8% deep soil planting.

No, however the variation is very minor and an appropriate landscaped outcome has still been achieved when compared to the original approval

3.19 Planting on structures

Council’s Landscape Officer to assess landscape plan subject to amending or additional conditions of consent to ensure that the landscaped outcome is improved when compared to the original approval.

 

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

 

Variation Proposed

Comment

Building Depth

Part C – Residential Development C.3 Residential Flat Buildings Part 3.3 requires that maximum residential flat building depth is to be 18m.

 

The relevant objectives are:

 

1.         To ensure that the bulk of the development is in scale with the existing or desired future context.

2.         To provide adequate amenity for building occupants in terms of sun access, daylight and natural ventilation.

3.         To provide for dual aspects dwellings.

 

The building depth ranges from 14m to 29m with the variation already approved under the original application. The proposed unit or building redesigns are comparable to the approved design of the units or building. There are numerous dwellings that have dual aspect frontages which achieves high levels of amenity and there are inset balconies to the north which reduce depth.

Building Width

Part C – Residential Development C.3 Residential Flat Buildings Part 3.4 requires that the maximum overall width of the building fronting the street shall be 40m. Greater widths may be permissible if the proposed building articulation is satisfactory in the streetscape.

 

The relevant objectives are:

 

1.         To avoid large continuous building bulk and massing.

2.         To ensure that residential flat building responds to the character of the area.

 

The eastern Mindarie Street elevation has a building width of 60m and was approved as a variation under the original consent. The approved building widths have remained largely unchanged and the proposal as amended is articulated.

Setbacks

 

 

 

Part C – Residential Development C.3 Residential Flat Buildings Part 3.5.1, 2 & 3 Setbacks requires a minimum front/street 7.5m setback and a minimum 6m secondary street, side or rear setback. The DCP does allow for encroachments with awnings, balconies, blade walls, bay windows and other articulation elements up to a maximum of 500mm.

 

Further, the DCP requires that encroachments into the setback zone of up to 2m may be permitted for underground parking structures no more than 1.2m above ground level (existing), where there is no unreasonable effect on the streetscape and that awnings, balconies, blade walls, bay windows and other articulation elements up to a maximum of 500mm.

 

The relevant objectives are:

 

1.         To establish the desired spatial proportions of the street and define the street edge and provide a transition between the public and private space.

2.         To assist in achieving visual privacy to dwellings from the street.

3.         To allow for street landscape character.

 

The minimums are achieved for the front/secondary street frontages including the permitted 0.5m encroachments however the encroachments are extensively applied which is a variation. Adjacent to common boundary with 9-13 Mindarie Street there are portions of balconies, bedrooms and living areas encroach within the 6m side setback requirement however the encroachments are consistently applied. On the 5th storey, portions of the kitchen, secondary balcony and bedrooms are located within the required 9m side setback.

 

The basement redesign further encroaches into the permitted 2m control. There is a reduced setback provided along the boundary with 9-13 Mindarie Street under the subject application from 4m to 1m for a length of approximately 20m.

 

Adjacent common boundary with 600-606 Mowbray Road, portions of balconies, bedrooms and living areas encroach within the 6m side setback requirement by 500mm. The majority of Unit 410 is located within the required 9m side setback area on the 5th storey. Adjacent common boundary with 9-13 Mindarie Street, minor portions of living areas (0.5m) encroach within the 6m rear setback requirement. Balconies are located within the 9m rear setback requirement on the 5th storey.

 

The setbacks have largely remained unchanged when compared to the original consent however there are some unit and balcony redesigns along the common boundaries at the north western corner of the site and level adjustments adjacent to 9-13 Mindarie Street. The changes in design and levels along the common boundaries are satisfactory and considered reasonable in this context. There are already approved privacy measures to be implemented which have been indicated on the amended plans. The additional floor space obtained under the subject application has not been obtained from units around the perimeter of the development adjacent to boundaries rather it has been obtained more centrally within the development site.  The outline of the 5th storey is ‘substantially the same’ as the approved development.

 

These encroachments in the basement level result in an improvement to the overall basement design without adversely affecting the adjoining property despite the loss of some deep soil areas where appropriate landscaping would still be provided at this section of the subject development site. The outline of the amended basement is ‘substantially the same’ as the approved basement.

Landscaped Area

Part C – Residential Development C.3 Residential Flat Buildings Part 3.18 requires that a minimum of 40% of the site area is to be planted, comprising 25% landscaped area and a further minimum of 15% planting on structures or landscaped area.

 

The relevant objectives are:

 

1.         To provide privacy and amenity.

2.         To retain and provide for significant vegetation, particularly large and medium sized trees and to provide continuous vegetation corridors.

3.         To conserve significant natural features of the site.

4.         To assist with management of the water quality and water table.

5.         To conserve and create buildings in a landscaped setting.

 

A total of 37.5% of landscaped area which includes landscaping on the roof top terrace level is provided with 31.8% deep soil planting.

 

The minor variation is supported, and when combined with the landscaped rooftop terraces provides an appropriate landscaped outcome has been achieved when compared to the original approval

 

PART C – RESIDENTIAL LOCALITIES 

 

PART C RESIDENTIAL LOCALITIES

DCP Control

Proposed

Complies

Locality 6

A 14.5m height limit is to correspond with a maximum height of 4 storeys. 

The proposal has a maximum of part 4 storeys and part 5 storeys.

 

The above variation was approved under the original application.

No, however the redesign has considered the unique site features and is consistent with surrounding developments

Any 5th storey is to have a maximum of 50% floor area of the storey below, and be set back 3m from that lower storey’s building façade line.

Not achieved by a maximum of 3m for Unit 401 where a minimum western side setback of 6m has been achieved.

 

The above variation was approved under the original application and has not been further reduced under the amended plans.

No, however the development as amended is still appropriately recessed where the 5th storey component is proposed 

A minimum deep soil area of 40% of the site is to be provided for residential flat buildings.

 

The proposal provides for deep soil zones (31.48%) which is less than the original by 0.52% however the trade-off has been an improved design of the whole development provided for improved amenity including a better designed basement whilst ensuring that there would be an appropriate landscaped outcome on the development site.

No, however it is still generally consistent with the approved areas under the original application

Tree retention, and the planting of new trees, is to be encouraged. Driveway design should avoid tree loss on Council land.

The proposal as amended retains trees and plants new trees. No street trees are impacted to facilitate the proposed driveway.

Yes

Development applications at the interface between the high and low density residential zones are to demonstrate that the amenity of adjacent houses has been a design consideration by stepping the building in at least 3m after the second level.

The adjoining sites are zoned R4. 

N/A

Development proposals are to be in character with the palette of materials, finishes and design elements that are in harmony with the natural landscape and complementary with the bushland setting of the precinct. In addition, roof form articulation is encouraged.

The proposed schedule of materials and colours are consistent with the adjacent RFBs to the site and compliments the bushland setting of the precinct.

Yes

As the precinct is in a bushfire prone area, buildings are to be constructed to meet Australian Standard 3959-2009 - Construction of buildings in bushfire-prone areas.

The site is within a bushfire prone land

 

Yes – original bushfire conditions imposed

The asset protection zone (APZ) is to be measured from the top of the kerb on the side of the road adjacent to the reserve (where there is a perimeter road) or measured inwards from the residential lot boundary adjacent to the reserve (where there is no perimeter road).

See above

Yes – original bushfire conditions imposed

 

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

 

Variation Proposed

Comment

Locality 6 – Mowbray Precinct

 

The proposed 5th storey exceeds 50% of the floor area of the level below.

 

The 5th storey is set back 1m from the 4th storey below

Part C Residential Localities Locality 6 – Mowbray Precinct requires that for a 5th storey component that:

 

·          Any 5th storey is to have a maximum of 50% floor area of the storey below.

·          Be set back 3m from that lower storey’s building façade line.

 

The relevant objectives are:

 

·          To enhance the amenity of the existing and future residents in the precinct.

·          To provide an appropriate transition to the adjoining residential uses.

 

The applicant has stated that surrounding developments have been adopted using a similar approach to achieve a part 4 and part 5 storey development.

 

Comment:

 

The above variation was approved under the original approved application by Council and the redesign has considered the unique site features and is not inconsistent with surrounding developments. The development as amended is appropriately recessed where the 5th storey component is proposed. The setbacks have largely remained unchanged when compared to the original consent. The changes in design and levels along the common boundaries are satisfactory and considered reasonable in this context. There are already approved privacy measures to be implemented which have been indicated on the amended plans. The additional floor space obtained under the subject application has not been obtained from units around the perimeter of the development adjacent to boundaries. 

31.48% deep soil areas provided

Part C Locality 6 requires that a minimum deep soil area of 40% of the site is to be provided for residential flat buildings.

 

The relevant objectives are:

 

·          To preserve and enhance the landscape character of the area and provide for future significant vegetation, such as large and medium sized trees.

·          To enhance the amenity of the existing and future residents in the precinct.

·          To provide an appropriate transition to the adjoining residential uses.

·          To retain the treed outlook onto the Precinct from dwellings to the south.

·          To provide good quality communal open spaces for the residents.

 

The proposal provides for deep soil zones (31.48%) which is less than the original by 0.52% however there has been an improved design to the development including a better designed basement. An appropriate landscaped outcome on the development site would still be achieved. The above variation was approved under the original application and it is still generally consistent with the approved areas under the original application.

 

Part F - Access and Mobility

 

PART F - ACCESS AND MOBILITY

DCP Controls

Proposal

Complies

3.5 Adaptable and Visitable Housing (residential flats and dual occupancies)

Adaptable housing to be provided at the rate of 20% of all dwellings in a Class 2 development.

 

20% provided – 13 apartments are to be adaptable.

Yes

Dwellings are to be visitable at the rate of 80% in developments requiring adaptable housing.

The development is capable of complying.

Yes

3.8 Access to, and within, buildings

1.         Access is to be provided in accordance with BCA Clause D3.1 and in accordance with Table 1:

o    Residential Flat Building 2;

o    Car park Class 7a

 

The development is capable of complying with BCA Clause D3.1.

 

 

Yes

 

 

2.         Access is to comply with the relevant Provisions of the BCA and associated referenced Australian Standards.

Access report prepared by a suitably qualified access consultant required as part of the DA documentation.

An Access Report by was submitted with application. The report and its recommendations shall be included in the draft conditions of consent.

Yes

Part R – Traffic, Transport and Parking

 

PART R TRAFFIC, TRANSPORT AND PARKING

Development Control

Proposed

Complies

2.2 Car Parking Rates

 

 

Residential Flat Building

 

 

Table 1 – Car parking rates

 

Residents:

0.5 spaces per studio

1 space per 1-bedroom unit

1.5 spaces per 2-bedroom unit

2 spaces per 3+ bedroom unit

 

Dwelling mix:

19 x 1 bed = 19 x 1 = 19

33 x 2 bed = 33 x 1.5 = 49.5

13 x 3-bed = 13 x 2 = 26

Total required: 94.5

 

 

1 onsite removalist truck space per 100 residential units (as per relevant Australian Standards)

 

1 car wash bay per 50 units for developments over 20 units

 

 

 

 

 

 

 

 

 

 

 

 

Total:  94 residential spaces and one car wash space

 

1 garbage collection/truck space provided.

 

 

Car wash space provided.

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

Yes

 

 

 

Yes

 

1 disabled space for each adaptable housing unit

 

13 adaptable units are proposed within the building

14 accessible spaces provided in the basement.

 

Apartments provided minimum one adaptable residential space each

Yes

Visitor Parking:

1 space per 4 units

1 disabled space per 50 visitor spaces (min. 1 disabled space)

Required:

65 units/4 = 16.25 spaces

 

Provided:

16 visitor spaces and 1 accessible space

 

 

 

 

Yes

2.7 – Motorcycle parking

1 motorcycle space per 15 car spaces: 65/15 = 4.3

Motorcycle parking spaces are to have an area of 1.2m x 2.5m

7 motorcycle space provided

 

Yes

 

 

The application is fully compliant with the parking requirements under Part R of Lane Cove DCP.

 

Section 7.11 - Development Contributions Plan

 

The proposed development would increase the population living on the site. There would be 65 dwellings in the proposed residential flat building development. The dwelling mix comprises of:

 

·          19 x 1 bedroom

·          33 x 2 bedroom

·          13 x 3 bedroom

 

The S7.11 plan has specified the average number of people per dwelling, based on the number of bedrooms.  The occupancy rates are provided in the following table below. The S7.11 contribution for each dwelling of the proposed multi dwelling housing development is calculated at the current rate of $10,642.00 per person (2019/2020) as follows:

 

Medium density developments (including attached dual occupancy and duplexes):

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total contribution

1 Bedrooms

1.2 persons

$10,642.00 x 1.2 =

$12,770.40.00 per dwelling

19 x $12,770.40

$242,637.60

2 Bedrooms

1.9 persons

$10,642.00 x 1.9 =

$20,219.80 per dwelling

*Capped Rate $20,000.00 per dwelling

33 x $20,000.00

$660,000.00

3 Bedrooms

2.4 persons

$10,642.00 x 2.4 = $25,540.80 per dwelling

*Capped Rate $20,000.00 per dwelling

13 x $20,000.00

$260,000.00

 

 

 

TOTAL

$1,162,637.60

*N/B     The reforms to Local Development Contributions have a cap of $20,000 per residential lot or per dwelling limitation on local development contributions.

 

The development site has 5 existing dwellings. For sites with an existing dwelling house (or houses) a credit is applicable which is capped at $20,000.00 per dwelling. The Section 7.11 Contribution credit for the existing dwellings is therefore $100,000.00. The required S7.11 contribution is calculated at: $1,162,637.60 – $100,000.00 = $1,062,637.60. It is recommended that Condition No. 15 of the original consent would need to be replaced requiring a contributions amount of $1,062,637.60 with the updated amount.

 

(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 as amended would provide greater internal or external amenity for future residents. The amenity and privacy of surrounding developments would not be compromised subject to the redesign with privacy measures already addressed under the original consent and appropriately shown on the amended plans. The development as amended would be satisfactory in terms of environmental, built, social and economic impacts.

 

(c)        The suitability of the site for the development

 

The site would be suitable for the proposed amended development.

 

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

 

The proposal was notified in accordance with Council policy and no submissions were received.

 

(e)        The public interest

 

Having regard to the assessment and recommendations contained in this report, it is considered that approval of the development amended would be in the public interest. The proposal as amended would contribute to improved housing choice in a high-density locality of Lane Cove North.

 

REFERRALS

 

Principal Building Surveyor

 

No objections.

 

Community Services

 

No objections.

 

Development Engineer

 

No objections subject to recommended draft additional conditions.

 

Manager Environmental Health

 

No objections subject to recommended draft additional conditions.

Landscape Architect

 

No objections.

 

Traffic and Transport Coordinator

 

No objections subject to recommended draft additional conditions.

 

Rural Fire Service (RFS)

 

No objections subject to replacement of the original bushfire condition.

 

CONCLUSION

 

The matters in relation to Sections 4.15 and 4.55 of the Environmental Planning and Assessment Act 1979 have been satisfied. The proposed contravention of the building height and floor space ratio development standards have been satisfactorily addressed with demonstration that the proposed amendments provide for better planning outcomes while maintaining amenity objectives to surrounding developments. The proposal generally meets with State Environmental Planning Policy 65, the Apartment Design Guide and Part C Residential objectives in the Lane Cove DCP.

 

On balance the proposed development would be reasonable and recommended for approval subject to amending relevant conditions of consent to reflect the updated plans and Section 7.11 contributions.

 

 

RECOMMENDATION

 

That pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at its meeting of 3 December 2019 exercising the functions of the Council as the consent authority grant consent to the Section 4.55 Modification Application to Development Application No. 216/2016 on land known as 594-598 Mowbray Road and 5-7 Mindarie Street, Lane Cove West subject to the following:

 

The replacement of Conditions 1,15,44-47, 66, 86, 88 and 94 as follows:

 

1.         That the development be in accordance with:

 

Drawing No.

Plot Date

Basement Plan, Drawing No. DA01, prepared by Wolski Coppin Architecture

25/11/2016

Ground Floor Plan, Drawing No. DA02, prepared by Wolski Coppin Architecture

25/11/2016

Upper Ground Floor Plan Drawing No. DA03, prepared by Wolski Coppin Architecture

25/11/2016

Level 1 Plan, Drawing No. DA04, prepared by Wolski Coppin Architecture

25/11/2016

Level 2 Plan, Drawing No. DA05, prepared by Wolski Coppin Architecture

25/11/2016

Level 3 Plan, Drawing No. DA06, Revision A, prepared by Wolski Coppin Architecture

13/02/2017

Level 4 Plan, Drawing No. DA07, prepared by Wolski Coppin Architecture

25/11/2016

Roof Plan, Drawing No. DA08, prepared by Wolski Coppin Architecture

25/11/2016

Section AA, Drawing No. DA09, prepared by Wolski Coppin Architecture

25/11/2016

Section BB & North Elevation, Drawing No. DA10, prepared by Wolski Coppin Architecture

25/11/2016

East & Fence Elevations, Drawing No. DA11, prepared by Wolski Coppin Architecture

25/11/2016

West & South Elevations, Drawing No. DA12, prepared by Wolski Coppin Architecture

25/11/2016

Finishes 01 & 02, Drawing No. F01 & F02, prepared by Wolski Coppin Architecture

25/11/2016

Landscape Plan, Drawing No. 139.16/424 & 139.16/425, prepared by iScape Landscape Architecture

Nov 2016

Schedule of Proposed Unit Addresses, Project Survey Reference 4820, prepared by Usher & Company Surveying & Land Development Consultants (Plan Reference – Wolski Coppin Architecture, Project 21611, DA Issue 15/11/2016)

Prepared 18/11/2016

 

            As amended by the following drawing numbers: DA 2.01-08, 3.01-02 & 4.01-03             Revision B dated 16.07.2019 prepared by Amglen P/L and 139.19(16)/234-235 and             139.19(16)/234’A’/333-338 1-8/8 dated Revision A dated 25.10.19 & October 2019             prepared by iScape Landscape Architecture

 

            except as amended by the following conditions.

 

15.       THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN. THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT. THE AMOUNT IS $1,062,637.60 AT THE CURRENT RATE OF $10,642.00 PER PERSON (2019-2020).   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

            Note:

 

            The Section 94 Contribution is calculated in the following manner:

 

Medium density developments (including attached dual occupancy and duplexes):

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total contribution

1 Bedrooms

1.2 persons

$10,642.00 x 1.2 =

$12,770.40.00 per dwelling

19 x $12,770.40

$242,637.60

2 Bedrooms

1.9 persons

$10,642.00 x 1.9 =

$20,219.80 per dwelling

*Capped Rate $20,000.00 per dwelling

33 x $20,000.00

$660,000.00

3 Bedrooms

2.4 persons

$10,642.00 x 2.4 = $25,540.80 per dwelling

*Capped Rate $20,000.00 per dwelling

13 x $20,000.00

$260,000.00

 

 

 

TOTAL

$1,162,637.60

*N/B     The reforms to Local Development Contributions have a cap of $20,000 per residential lot or per dwelling limitation on local development contributions.

 

            The development site has 5 existing dwellings. For sites with an existing dwelling house (or             houses) a credit is applicable which is capped at $20,000.00 per dwelling. The Section 7.11             Contribution credit for the existing dwellings is therefore $100,000.00. The required S7.11             contribution is calculated at: $1,162,637.60 – $100,000.00 = $1,062,637.60.

 

Bushfire Conditions

 

44.       An emergency/evacuation plan is to be prepared to comply with section 4.27 of ‘Planning             for Bush Fire Protection 2006’.

 

45.       From the start of building works, the entire property must be managed as an inner             protection area (IPA). The IPA must comprise:

·          Minimal fine fuel at ground level.

·          Grass mowed or grazed.

·          Trees and shrubs retained as clumps or islands and do not take up more than 20% of the area.

·          Tress and shrubs located far enough from buildings so that they would not ignite the building.

·          Garden beds with flammable shrubs not located under trees or within 10m of any windows or doors.

·          Minimal plant spaces that keep dead material or drop large quantities of ground fuel.

·          Tree canopy cover not more than 15%.

·          Tree canopies not located within 2m of the building.

·          Trees separated by 2-5m and do not provide a continuous canopy from the hazard to the building.

·          Lower limbs of trees removed up to a height of 2m above the ground.

 

46.       New construction must comply with Sections 3 and 5 (BAL 12.5) AS 3959-2009    Construction of buildings in bush fire-prone areas or NASH Standard (1.7.14 updated)   ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and             section A3.7 Addendum Appendix 3 of Planning for Bush Fire Protection 2006.

 

47.       Water, electricity and gas must comply with the following:

·          All aboveground water pipes external to the building must be metal including and up to any taps/outlets/fittings.

·          Electrical transmission lines are to be located underground where possible. Overhead electricity lines must have short pole spacing (i.e. 30m) except where crossing gullies, gorges or riparian areas. No tree may be closer to an electricity line than the distance set out in ISSC3 Guideline for Managing Vegetation Near Power Lines.

·          Gas must be installed and maintained as set out in the relevant standard and all pipes external to the building must be metal including and up to any taps/outlets/fittings. Polymer-sheathed flexible gas supply lines must not be used.

 

47A.     Landscaping is the site is to be comply with the following principles of Appendix 5 of             ‘Planning for Bush Fire Protection 2006’.

·          Suitable impervious areas are provided immediately surrounding the building such as courtyards, paths and driveways.

·          Grassed areas, mowed lawns or ground cover plantings are provided in close proximity to the building.

·          Planting is limited in the immediate vicinity of the building.

·          Planting does not provide a continuous canopy to the building (i.e. trees or shrubs is to be isolated or located in small clusters).

·          Landscape species are chosen in consideration needs of the estimated size of the plant at maturity.

·          Species are avoided that have rough fibrous bark, or which keep/shed bark in long strips or retain dead material in their canopies.

·          Smooth bark species of tree are chosen which do not carry a fire up the bark into the crown.

·          Planting of deciduous species is avoided which may increase fuel at surface/ground level (i.e. leaf litter).

·          Climbing species are avoided to wall and pergolas.

·          Combustible materials such as woodchips/mulch and flammable fuel are stored away from the building.

·          Combustible structures such as garden sheds, pergolas and materials such as timber garden furniture is located away from the building.

·          Low flammability vegetation species are used.    

 

66.       Drainage Plans Amendments: The stormwater drainage plan No: GO160760 C3 Issue C             prepared by Acor Consultants Pty Ltd dated on 31/07/19 is to be amended to reflect the             following conditions. This plan should show full details of new pipe network includes             following;

1.         A gross pollutant trap needs to be designed and added to the amended plans within the property boundary prior to the connection to the street system.

2.         The proposed stormwater discharge to Kerb & Gutter is prohibited. The proposed stormwater discharge from the proposed development needs to drain directly into the nearest Council’s stormwater infrastructure at Mindarie Street via pits and pipes. All new pipes within Council’s land will require a minimum of 375mm diameter RCP. Pits or cleaning eyes shall be provided at bends, changes in grades and every 30m along the pipeline.

3.         All the proposed stormwater pipes shall have a minimum 1.0% grade.

4.         Overflow from the OSD shall not re-enter the site via proposed driveway.

 

The amended 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

 

 

Traffic

 

            Parking and Servicing

 

86.       The proposed Car Park design shall comply with AS 2890.1-2004. This includes all parking             spaces, ramps, aisles, disabled parking and loading areas. All other aspects of the Car             Parking areas are required to comply with AS 2890.2-2002 for Loading Facilities and             Services Vehicles.

 

88.       The waste collection area is to be clearly signposted and line marked and provided in             accordance with AS2890.2.

 

            Construction Traffic Management Plan

 

94.       A Construction Traffic Management Plan must be lodged with Council prior to the issuing of             a Construction Certificate. As per DCP Part R, the Construction Management Plan should             address (but not necessarily be limited too) issues related to the movement of construction             vehicles to and from the site, safe access of construction vehicles, and any conflict with   other road users in the street including public transport.

 

The deletion of Conditions Nos. 65, 125, 126 and 129-138 and the addition of the following conditions:

 

43A.     The approved rooftop terrace communal area is to be maintained and be clean and             accessible to all times. The rooftop terrace communal area is to contain a disabled toilet,             BBQ, wet area, power, low lighting bollards and lockable storage.

 

43B.    Double glazing on windows facing Mowbray Road to be installed.

 

65.    Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a

           minimum capacity of 10,000 Litre as required by BASIX.  Rainwater tanks are to be installed

           in accordance with Council’s rainwater tank policy and relevant Australian standards. The

           plumbing requirements are as follows:

 

·                      Rainwater draining to the reuse tanks are 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.

·                      Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

 

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

 

Traffic

            Parking and Servicing

89A.     All vehicles must front in/ front out to/ from the development.

89B.     Install wheel stops on all car parking spaces to prevent any collision with structures or             objects.

89C.    Tandem parking spaces should be allocated to the same unit.

89D.    Small car parking space should be sign posted or line marked.

Waste Servicing

89E.     On site garbage collection must be provided for with sufficient headroom in accordance with             AS2890.2: 2002 and to allow the vehicle to enter and exit in a forward direction. The waste             collection and holding area is to be clearly signposted and line marked.

Pedestrians/Cycling

90A.     Extend the footpath along Mindarie Street. Consultation must be undertaken with Council             engineer and tree officer prior to construction. If tree obstructs the construction of the             footpath, a pram ramp must be provided on either side of the road connecting to the existing             footpath on the other side. Construction of the footpath and pram ramps should be in             accordance with Council’s specifications.

Construction Traffic Management Plan

94A.     Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be             required as part of preparation of the Construction Traffic Management Plan.

125.     Garbage Chutes

·          Garbage chute systems and interim recyclable storage facilities must be provided to the development

o    Garbage chutes must be constructed in accordance with the requirements of the Building Code of Australia (BCA)

o    Garbage chutes must be located and insulated in a manner that reduces noise impacts.

o    Chutes, service openings and charging devices must be constructed of material (such as metal) that is smooth, durable, impervious, non-corrosive and fire resistant.

o    Chutes, service openings and charging devices must be capable of being easily cleaned.

o    Chutes must be cylindrical and have a diameter of at least 500mm

o    Chutes must not have any bends or sections of reduced diameter in the main shaft of the chute.

o    Internal overlaps in the chute must follow the direction of waste flow

o    A cut off device must be located at or near the base of the chute so that the bottom of the chute can be closed when the bin or compacting device at the bottom of the chute is withdrawn or being replaced.

o    The upper end of the chute must extend above the roofline of the building

o    The upper end of the chute must be weather protected in a manner that doesn’t impede the upward movement of air out of the chute.

 

126.     Garbage Chute Service Rooms

·          The service opening (for depositing rubbish into the main chute) on each floor of the building must have a dedicated service room.

o    The charging device for each service opening must be self-closing and must not project into the main chute

o    Branches connecting service openings to the main chute must be no longer than 1m

o    Each service room must include provision for 2 x 240L recycling bins for the storage of recyclable materials. Signage regarding the materials that can be recycled must be displayed near these recycling bins

o    Each service room must be located for convenient access by users and must be well ventilated and well lit

o    The floors, walls and ceilings of service rooms must be finished with smooth durable materials that are capable of being easily cleaned

o    Service rooms must include signage that clearly describes the types of materials that can be deposited onto the garbage chute and the types of materials which must be deposited into recycling bins.

 

126A.   Waste and Recycling Storage Room

·          The waste and recycling storage room must be provided and be of sufficient size to accommodate a total of 22 x 240L general waste bins, 7 x 240L container recycling bins, 7 x 240L paper recycling bins, and 3 x 240L garden waste bins; with adequate space for manoeuvring garbage and recycling bins.

o    Minimum clearance between bins of 300mm

o    Minimum door openings of 1700mm

o    Minimum distance of 1700mm between rows of bins (where bins are located on either side of the room)

·          The floor of waste and recycling storage rooms (including bulky waste storage room) must be constructed of either:

o    Concrete which is at least 75mm thick; or

o    Other equivalent material; and

o    Graded and drained to a floor waste which is connected to the sewer

·          All floors must be finished to a smooth even surface, coved at the intersections of walls and floor.

·          The walls of waste and recycling storage rooms, bulky waste storage rooms, and waste service compartments must be constructed of solid impervious material and must be cement rendered internally to a smooth even surface coved at all intersections.

·          All waste and recycling storage rooms and bulky waste storage rooms must be provided with an adequate supply of hot and cold water mixed through a centralised mixing valve with hose cock.

·          A close-fitting and self-closing door that can be opened from within the room must be fitted to all waste and recycling and bulky waste storage rooms.

·          All waste and recycling and bulky waste storage rooms must be constructed to prevent the entry of vermin.

·          All waste and recycling and bulky waste storage rooms must be ventilated by either:

o    Mechanical ventilation systems exhausting at a rate of 5L.s per m@ of floor space area, with a minimum rate of 100L/s; or

o    Permanent, unobstructed natural ventilation openings direct to the external air.

·          All waste and recycling and bulky waste storage rooms must be provided with artificial light controlled by switches located both inside and outside the rooms.

·          Clearly printed “No Standing” signs must be affixed to the external face of each waste and recycling and bulky waste storage room.

 

126B.   Bulky Waste storage Room

·          A readily accessible bulky waste storage room located near the garbage room must be provided for the use of all residents.

o    The bulky waste storage room must have a minimum floor area of 30m2 and be of sufficient size to practically accommodate a minimum of 10m3 of bulky waste at any given time. Doorways and travel paths must be a minimum width of 1700mm and of sufficient height and be free of obstructions to permit easy transport from individual units to the storage area, and from the storage area to the collection point.

 

126C.  Access to Waste Collection Point

·          All waste must be collected on-site via on-site access by Council’s waste collection vehicles.

o    The location(s) of waste and recycling rooms and bulky waste storage areas must be conveniently accessible for both occupants and Council’s waste collection contractors.

o    The minimum finished ceiling height must be 2.6m along the path of travel from the street to the residential waste and recycling collection point and manoeuvring area. This clearance must be kept free of any overhead ducts, services and other obstructions.

o    The maximum grade of any access road leading to the waste and recycling point must not be more than 1:5 (20%). The running area at the base of any ramp must be sufficient for the manoeuvre of a 6.64m rigid vehicle to enter and exit the building in a forward direction.

o    Where security gates are installed, a remote control access device must be provided to Council to permit unimpeded access

 

126D. Indemnity

·          Prior to the issue of an Occupation Certificate, the applicant must enter into a suitable Deed indemnifying Council and its contractors against claims for loss or damage to common property, liabilities, losses, damages, and any other demands arising from any on-site collection services.

 

126E.   Composting and Worm Farming

·          The applicant must provide a container for communal composting/worm farming, the sitting of such must have regard to potential amenity impacts.

 

126F.   Internal Waste Management

·          Internal waste and recycling cupboards with sufficient space for one day’s garbage and recycling generation must be provided to each dwelling.

 

126G.  Provision of Waste Services

·          Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services and finalise the payment for the supply and delivery of all waste and recycling bins.

 

General Landscape Conditions:

130.     On Structure Landscaping: The Applicant must ensure that ‘On’ structure landscaping has adequate soil depth, volume and suitable profile to support the number of trees and         shrubs indicated on the approved DA plan. On-structure landscape details to be submitted          for Councils approval PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

131.     Screen planting: is required to all boundaries shared with neighbouring properties to             provide adequate privacy from overlooking and potential sight lines.

 

132.     Garden bed ground coverage: The Applicant must ensure enough groundcovers and low             shrubs, planted at appropriate distances and depths to eliminate bare mulched gardens             areas within twelve (12) months of completion of all landscaping works

 

133.     Workmanship: The Applicant must ensure that all landscaping is completed to a             professional standard, free of any hazards or unnecessary maintenance problems and that             all plants are consistent with NATSPEC specifications.  Trees must be compliant with             Australian Standard 2303.2018 Tree stock for Landscape use.

 

134.     Practical Completion Report: A landscape practical completion report must be prepared             by the consultant landscape architect and submitted to Council’s Manager Open Space             directly by email within five (5) working days of the date of issue.  This report must certify             that all landscape works have been completed in accordance with the landscape working             drawings. A copy of the report must be submitted to Council PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

 

Conditions to be satisfied prior to Construction Certificate issue:

135.     Tree planting along Mowbray Road and Mindarie Street (east – west section): A             revised landscape plan showing 5 x endemic trees proposed for the front setback areas of             the development along Mowbray Road and 2 x endemic trees capable of reaching a mature             height of 13 metres is to be prepared and submitted to Council’s landscape architect for             approval. All trees are to be selected from Council’s DCP Part J Landscaping Appendix 1.

 

136.     Screen planting: is required along the western and southern boundaries of the proposed             development to provide privacy between residential developments.  These plants must be             healthy, good quality nursery stock, grown to at least 45 L pot size, being free of girdling roots and other defects and have a height above finished ground level of 2 metres at the           time of planting and mature height of at least 4 m tall.  Plants must be spaced at such      intervals when planted to ensure a continuous screen at the end of the 12-month maintenance and establishment period. 

 

137.     Planting over OSD tank: A minimum soil depth of 300mm for turf and 500mm for small             shrubs is to be provided over the proposed onsite detention tank to ensure the healthy             establishment of plant life.  Risers to the inspection outlets shall be used where applicable             to retain the opening above the level of the mulch layer preserving access as required.

 

Conditions to be satisfied prior to Occcupation Certificate issue:

138.     Tree planting along Mowbray Road and Mindarie Street:

            5x endemic trees  along Mowbray Road and 2 x endemic trees along the northern side of             the east-west portion of Mindarie Street shall be planted inside the subject property             boundary that must:

·          be capable of reaching a mature height of 13 metres

·          be 4 metres above finished ground at the time of installation

·          be retained in healthy condition for the life of the development

Failed or failing trees must:

·          be replaced at the next growing season with the same species tree which also must be 4 metres above finished ground level at the time of installation

·          be replaced by the Body Corporate at any time following the 12-month maintenance period which also must be 4 metres above finished ground level at the time of installation

Compliance Certificate:

·          a compliance certificate shall be submitted by the project Landscape Architect ensuring that the 5 x trees have been installed correctly as per the abovementioned conditions.  A copy of the certificate shall be emailed directly to Council’s Manager of Open Space for our records.

 

            Reason: To satisfy Council’s DCP Part J Landscaping Objective 1.4.2 The proposed             landscape treatment should assist in ensuring that the development is not visually intrusive             by providing visual softening of buildings, driveways and carparking areas

 

138A.   Screen Planting along Western Boundary:

            Screen planting along the western and southern boundaries shall be installed with a height             2 metres above finished ground level of at the time of planting and mature height of at least             4 m tall.  Plants must be spaced 1.5 m apart at planting.  Residents are strongly   encouraged to use local native plant species in their gardens.  A species list of local native      plants suitable for gardens is available from Council.

 

138B.   Reticulated Water Supply

            Reticulated water supply is to be provided to all landscaping on the ground level and on the             rooftop terrace level.

 

138C.  Maintenance of Landscaping

            All approved landscaping on the ground level and on the rooftop terrace level is to be             maintained for the life of the development and failure to do so would be a breach of             consent.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services

 

 

ATTACHMENTS:

AT‑1View

Neighbour Notification Plan

2 Pages

 

AT‑2View

Notification Plans

2 Pages

 

AT‑3View

Cl. 4.6 Written Justifications

30 Pages

 

AT‑4View

SEPP 65 Assessment

4 Pages

 

AT‑5View

ADG Assessment

6 Pages

 

AT‑6View

Original Assessment Report

40 Pages

 

 

 


ATTACHMENT 1

Neighbour Notification Plan

 

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ATTACHMENT 1

Neighbour Notification Plan

 

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ATTACHMENT 2

Notification Plans

 

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ATTACHMENT 3

Cl. 4.6 Written Justifications

 

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ATTACHMENT 4

SEPP 65 Assessment

 

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ATTACHMENT 5

ADG Assessment

 

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ATTACHMENT 6

Original Assessment Report

 

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