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Agenda

Lane Cove Local Planning Panel Meeting

10 December 2019, 5pm

 

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Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Lane Cove Local Planning Panel Meeting, to be held in the Council Chambers on Tuesday 10 December 2019 commencing at 5pm. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

Lane Cove Local Planning Panel Meeting Procedures

 

The Lane Cove Local Planning Panel (LCLPP) meeting is chaired by The Hon David Lloyd QC. The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Lane Cove Local Planning Panel Charter and any guidelines issued by the General Manager.

The order of business is listed in the Agenda on the next page. That order will be followed unless the Panel resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

Members of the public may address the Panel for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons wishing to address the Panel must register prior to the meeting by contacting Council’s Office Manager – Environmental Services on 9911 3611. Speakers must address the Chair and speakers and Panel Members will not enter into general debate or ask questions during this forum. Where there are a large number of objectors with a common interest, the Panel may, in its absolute discretion, hear a representative of those persons.

Following the conclusion of the public forum the Panel will convene in closed session to conduct deliberations and make decisions. The Panel will announce each decision separately after deliberations on that item have concluded. Furthermore the Panel may close part of a meeting to the public in order to protect commercial information of a confidential nature.

Minutes of LCLPP meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Friday following the meeting. If you have any enquiries or wish to obtain information in relation to LCLPP, please contact Council’s Office Manager – Environmental Services on 9911 3611.

Please note meetings held in the Council Chambers are Webcast. Webcasting allows the community to view proceedings from a computer without the need to attend the meeting. The webcast will include vision and audio of members of the public that speak during the Public Forum. Please ensure while speaking to the Panel that you are respectful to other people and use appropriate language. Lane Cove Council accepts no liability for any defamatory or offensive remarks made during the course of these meetings.

The audio from these meetings is also recorded for the purposes of verifying the accuracy of the minutes and the recordings are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Lane Cove Local Planning Panel 10 December 2019

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

NOTICE OF WEBCASTING OF MEETING

 

 

public forum

 

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

 

 

 

 

Lane Cove Local Planning Panel Reports

 

1.       640-646 Mowbray Road, Lane Cove North....................................................... 4

 

2.       40A Upper Cliff Road Northwood................................................................... 79

 

3.       1 Ulonga Avenue, Greenwich........................................................................... 148

 

4.       33 Greenwich Road, Greenwich...................................................................... 195

 

 

 

 

 

 

 


 

Lane Cove Local Planning Panel Meeting 10 December 2019

640-646 Mowbray Road, Lane Cove North

 

 

Subject:          640-646 Mowbray Road, Lane Cove North    

Record No:    DA19/94-01 - 59873/19

Division:         Environmental Services Division

Author(s):      Greg Samardzic 

 

 

 

Property:

640-646 Mowbray Road, Lane Cove North

DA No:

DA 94/2019

Date Lodged:

1 August 2019

Cost of Work:

$10,285,000.00

Owner:

Staldone Turramurra P/L

Applicant:                        

Staldone Turramurra P/L

 

Description of the proposal to appear on determination

Demolition of existing structures and construction of a residential flat building containing 39 units and 2 levels of basement carparking

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

Stop the Clock used

Yes

Notification

Notified in accordance with Council policy

 

REASON FOR REFERRAL

 

The subject Development Application is referred to the Panel as the proposed development is subject to State Environmental Planning Policy (SEPP 65) – Design Quality of Residential Flat Development.

 

EXECUTIVE SUMMARY

 

The Development Application is for demolition of the existing structures and construction of a residential flat building containing 39 units and 2 levels of basement carparking.

 

The proposed design complies both with the maximum building height and floor space ratio (FSR) permitted under Lane Cove Local Environmental Plan (LEP) 2009.

 

The Development Application has been assessed in accordance with the considerations of Section 4.55 of Environmental Planning and Assessment Act 1979. It is considered that the proposed development as submitted does not comply with the relevant design quality principles of SEPP 65, the Apartment Design Guide (ADG) and Lane Cove LEP 2009 Part C – Residential Development and Residential Localities. There are variations proposed in relation to building depth, setbacks, landscaping, common open space, basement heights and internal amenity layouts of units which creates planning concerns. To address these concerns, it is recommended that a deferred commencement consent be granted requiring the following amendments as follows:

 

·    Improved compliance and amenity with internal layout of units which reduce the length of corridors and to better achieve compliance with the ADG with increased efficiency.

·    That the building setbacks and balconies of the development to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to only allow for reasonable portions articulation encroachments to occur.

·    Provision of minimum 1.5m high privacy louvred screens to be attached to the proposed high aluminium framed glazing windows or any other windows/balconies to maintain privacy should they be forward of the required minimum setbacks.

 

The development proposal was notified in accordance with Council’s notification policy and 7 submissions have been received raising concerns with privacy and traffic. It is considered that the privacy concerns raised can be addressed with an improved redesign and with the recommended privacy treatments. There are no concerns with the traffic generation of the development however there are safety concerns with the proposed location of the basement entrance which is close to a pedestrian crossing and would need to be addressed by the applicant before any consent is made operational.

 

The proposed development is recommended for a deferred commencement approval subject to conditions. 

 

SITE

 

Property

Lots 28-30 DP 35865

 

Area

1672.2sqm

 

Site location

Located on the southeastern side of Mowbray Road

 

Existing improvements

Existing dwellings

Shape

Rectangular              

                            

Dimensions

Width: 36.575m                                     Depth: 45.72m

                         

Adjoining properties

A mixture of detached dwellings, residential flat building developments, a public housing development and an educational establishment

 

 

The development site contains a number of trees.

 

The site is zoned R4 High Density Residential as is the land surrounding it.

 

A neighbour notification plan and notification plans are attached to this report (AT-1 and AT-2).

 

 

 

 

 

 

 

Figure 1: Aerial photograph with subject site outlined in red.

Figure 2: Extract from Land Zoning Map (LZN_001).

 

PREVIOUS APPROVALS/HISTORY

 

No previous approvals on the subject development site is relevant to this subject Development Application.

 

On 23 September 2019, a letter was sent to the applicant requesting withdrawal of the subject Development Application due to the number of ADG and DCP variations proposed. On 4 October 2019, a Class 1 Appeal was lodged with the Land and Environment Court as a deemed refusal of the subject Development Application.

 

On 6 November 2019, a non-prejudice meeting was held with the applicant and a number of aspects were discussed. There were some concerns resolved however full agreement was not reached which reflects the proposed recommendation of this report. 

 

PROPOSAL

 

The Development Application is for demolition of the existing structures and construction of a five storey residential flat building containing 39 units and 2 levels of basement carparking for 66 vehicles to be accessed via a driveway from Mowbray Road West. The composition of the proposed units are as follows:

 

·    10 x 1-bedroom apartments.

·    25 x 2-bedroom apartments.

·    4 x 3-bedroom apartments.

 

Each unit would include a combined living/dining area, kitchen, laundry, balcony/terrace and storage spaces. Storage cages for each apartment are located in the basement area together with garbage and recycling storage and a bulk waste storage room.

 

A total of 22 trees are proposed to be removed as part of the works and such tree loss would be appropriately compensated for through the implementation of a prepared landscape plan. The plan incorporates deep soil perimeter landscaping and new street plantings.

 

All stormwater would be drained through the required OSD system to the street drainage system.

 

The proposal utilises a varied palate of materials and finishes.

 

SECTION 4.15 ASSESSMENT

 

(a)  The provisions of

 

(i)         Any environmental planning instrument:

 

State and Sydney Regional Environmental Planning Policies

 

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

 

A BASIX certificate with a rating of +6.5 has been submitted with the subject Development Application.

 

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

 

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. The subject site has a history of residential uses and as such, it is unlikely to contain any contamination and further investigation is not warranted in this case.

 

State Environmental Planning Policy (SEPP) No. 65 – Design Quality of Residential Apartment 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).

 

Schedule 1 Design Quality Principles

 

A review of the principles by Council’s Urban Design consultant has indicated that the proposal does not meet the objectives of the principles of Context, Built Form and Scale, Landscape, Sustainability, Housing Diversity, Social Interaction and Amenity of SEPP 65. It was considered that the depth of the building/units are too deep resulting in poor internal amenity outcomes for future residents. The consultant raised concerns with the consistent non-compliance with building setbacks and the extent of basement excavation extending past the minimum building setbacks closer toward all boundaries which would result in reduced widths and quality of deep soil and common open space areas.

 

Whilst there are concerns with the proposal where instead of recommending refusal (as an appeal to the Land and Environment Court has been lodged), it is recommended that that a deferred commencement consent be granted requiring the following amendments as follows:

 

·    Improved compliance and amenity with internal layout of units which reduce the length of corridors and to better achieve compliance with the ADG with increased efficiency.

·    That the building setbacks and balconies of the development to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to only allow for reasonable portions of articulation encroachments to occur.

·    Provision of minimum 1.5m high privacy louvred screens to be attached to the proposed high aluminium framed glazing windows or any other windows/balconies to maintain privacy should they be forward of the required minimum setbacks.

 

The above design amendments would provide for a better planning outcome.

 

Apartment Design Guide (ADG)

 

The following table addresses each of the departures to the ADG:

 

Variation Proposed

Comment

24m building/unit depth

 

Maximum cross-over unit is 23m

 

Kitchens have walls that are more than 8m from the façade and 11m from the balcony balustrade

The ADG Part 2E – Building Depth requires a maximum apartment depth of 12-18m from glass line to glass line be employed.

 

The relevant aims of the ADG are:

 

·    Ensure that the bulk of the development relates to the scale of the desired future context.

·    Ensure building depths support apartment layouts that the meet the objectives, design criteria and design guidance within the Apartment Design Guide.

Part 4B – Natural Ventilation requires that overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.

The relevant ADG objective is:

·    The number of apartments with natural cross ventilation is maximised to create a comfortable indoor environment for residents.

Part 4D – Apartment size and layout requires that habitable room (where the living, dining and kitchen are combined) be maximum depth of 8m from a window and that there is efficient planning of circulation by stairs, corridors and through rooms to maximise the amount of useable floor space in rooms.

·    The layout of rooms within an apartment is functional, well organised and provides a high standard of amenity.

·    Environmental performance of the apartment is maximised.

The applicant has stated that Part 4B of the ADG the proposal addresses ventilation and recommends 18m from glass to glass in a cross ventilated unit. It does not refer to the overall building depth. Only 3 units in the development have cross venting windows more than 18m apart (20m) and these units have north facing living areas, are cross ventilated and have their bedroom zones fully shielded from Mowbray Road traffic noise. In the applicant’s opinion these units reflect best practice design flowing from careful site analysis.

Council’s consultant advised that at 24m, the building is too deep where the ADG recommends building depth well under 18m for north south orientated buildings. The excessive depth results in apartments with poor amenity. The central units (apartments 104 and 105 – see figure below) have internal corridors of up to 10m long and windows to south facing bedrooms that are 2.8m from the facade. Sun would only penetrate into less that ¼ of the depth of those apartments.

 

The applicant in response to the long corridors stated that the central units have an entry foyer at the mid-point of the unit which divides the unit into 2 clear zones. A living zone to the north and a sleeping zone to the south. The distance to the living zone is 1.5m to 2.5m and to the bed zone is around 3.5m. Combining these distances and adding in the foyer to come up with a 10m corridor is not agreed with.

Comment:

 

In addition to the long corridors, there are also apartments with crooked corridors with inefficient circulation as well that also adds to unnecessary generation of floor space. It is recommended that to improve the overall internal layout of units, a deferred commencement condition be imposed to require a redesign to the internal units occurs to better comply with the relevant ADG requirements.

Required setbacks and building separation with adjoining developments not achieved due to 500mm and balcony encroachments up to 3m into the minimum DCP 6m and 9m side/rear setback requirements.

The ADG Part 2F Building Separation requires the following minimum separation distances for buildings as follows:

 

Up to four storeys (approx12m):

- 12m between habitable rooms/balconies

- 9m between habitable and non-habitable rooms

- 6m between non-habitable rooms

 

Five to eight storeys (approx 25m):

- 18m between habitable rooms/balconies

- 12m between habitable and non-habitable rooms

- 9m between non-habitable rooms

 

The relevant ADG aims are as follows:

 

·    Ensure that new development is scaled to support the desired future character with appropriate massing and spaces between buildings.

·    Assist in providing residential amenity including visual and acoustic privacy, natural ventilation, sunlight and daylight access and outlook.

·    Provide suitable areas for communal open spaces, deep soil zones and landscaping.

 

Further, Part 3B Orientation states that building types and layouts respond to the site while optimising solar access and minimising overshadowing of neighbouring properties in winter.

 

The applicant has stated that the use of the 500mm encroachments allowed for articulation to building setbacks have been applied in accordance with the DCP in effect to provide one large bay window concept over Levels 2-4 with the provision of high aluminium framed glazing windows The applicant has stated that privacy has been addressed through the appropriate use of privacy measures and similar setbacks have been adopted with other approved developments in the locality. The applicant held that there would be no unreasonable shadow impacts onto neighbouring properties.

 

Council’s consultant stated that the 500mm setback encroachments have been systematically applied and would adversely impact on the amenity levels of adjoining developments.

 

It was discussed at the without prejudice meeting that a potential suitable outcome would be to provide 1.5m high privacy louvred screens to be attached to the proposed high aluminium framed glazing windows which encroach on the minimum required setbacks by 500mm to maintain privacy and that a reduction of the 5th storey balcony areas could occur facing the side boundaries to a maximum width of 1m as a deferred commencement condition. The applicant advised that the 1m width was required for maintenance purposes.

 

Comment:

 

It is considered that the use of the permitted building setback encroachments has been over applied with large sections of the building façade with rooms and balconies extending into the minimum permitted setback areas in excess of at least 50% of the total building façade length of the building.

 

To ensure that amenity is maintained for adjoining and future residents, it is recommended that the building setbacks and balconies of the development to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to only allow for reasonable portions of articulation encroachments to occur as a deferred commencement condition. One potential option is for the applicant to mirror reverse the proposed setbacks to better achieve compliance. It is also recommended that a minimum 1.5m high privacy louvred screens be attached to the proposed high aluminium framed glazing windows or any other windows/balconies should they be forward of the required minimum setbacks.

Undesirable common open space area

The ADG Part 3D Communal and Public Open Space requires that:

 

·    Communal open space should be consolidated into a well-designed, easily identified and useable area.

·    Direct, equitable access should be provided to communal space areas from common circulation areas, entries and lobbies.

·    Facilities are provided within communal open spaces and common spaces for a range of age groups, incorporating some of the following elements: seating for individuals or groups; barbeque areas; play equipment or play areas; swimming pool, gyms, tennis courts or common rooms.

·    Where communal open space/facilities are provided for children and young people they are safe and contained.

 

The relevant objectives are:

 

·    An adequate area of communal open space is provided to enhance residential amenity and to provide opportunities for landscaping.

·    Communal open space is designed to allow for a range of activities, respond to site conditions and be attractive and inviting.

·    Communal open space is designed to maximise safety.

The applicant has stated that a passive landscaped common open space area at 30% of the total site area is provided in the setback zones. The communal open space shown on the drawings is primarily located in the north-east corner of the site and along the eastern boundary.

It is 8m x 6m in the north-east corner, and then 5m x 17m along the eastern boundary. This area is co-located with deep soil landscaping to allow for substantial screen planting to mitigate privacy issues to future residents and neighbours.

Council’s consultant stated that the communal open space does not provide adequate space for meaningful gatherings or children’s play. Children do not appear to have been catered for in the landscaped areas as the only places of interaction for a gathering is in the strip of land on the north eastern side of the subject site which is not ideal. The proximity with private courtyards on the ground floor makes them awkward to use and unwelcome source of noise for adjacent residents. There would be a new Council owned park which would be within walking distance for use by future residents.

Comment:

Based on the above comments, it is not recommended that a rooftop communal open space be provided as it would likely result in a breach to the maximum building height development standard for which a Clause 4.6 variation application would have to be made. No such request has been made. A common open space area along the rear boundary would not receive sunlight.

4m -4.5m wide deep soil areas provided

The ADG Part 3E Deep soil zones requires 6m wide deep soil areas for development sites over 1500sqm where it achieves an average width of 4m – 4.5m (hatched in grey in the figure below) along the perimeter of the development.

 

 

The relevant objective is:

 

·    Deep soil zones provide areas on the site that allow for and support healthy plant and tree growth. They improve residential amenity and promote management of water and air quality.

The applicant has stated that the variation is acceptable as 29% of the site provides deep soil plantings where the ADG requires 15%. If the site was 1,500sqm, the minimum required ADG deep soil dimension is 3m. Above 1,500sqm it jumps to 6m. It makes no sense that a site 1,672sqm or only 11% larger than 1,500sqm requires double the deep soil dimensions. The applicant is satisfied that the deep soil and landscaping is appropriate, supportable and approvable.

Council’s consultant stated that the lack of sufficiently dimensioned deep soil planting zones precludes plantings of large-scale trees due to the extent of the excavated basement car park. The lack of large trees would not help the building blend into the landscaped character of the area.

 

 

Comment:

 

It is not considered that it would be necessary to increase the minimum width of deep soil areas to a minimum of 6m in this instance as an appropriate landscape outcome would be achieved subject to conditions.

Basement level >1m above natural ground level

The ADG Part 3J Parking Provisions requires that basement car parks do not exceed 1m above ground.

 

The relevant objective is:

 

·    Visual and environmental impacts of underground car parking are minimised.

 

The applicant stated that the design of the basement car park was appropriate and that it complied with Council’s DCP maximum 1.2m control instead.

 

The applicant had not identified that the basement at the south western corner of the subject site would have a maximum 1.8m basement height above natural ground level as no relevant section has been submitted to demonstrate compliance which would have privacy impacts to adjoining developments (see figure below).

 

 

Comment:

 

The variation is at only at the north western corner of the site where it is recommended not to alter the proposed basement levels to achieve full compliance as the visual impact of the basement would be addressed by boundary landscaping and with courtyard fencing to prevent any direct overlooking. It is noted that the proposed slab has been lowered and folded at this point to reduce its visual impact.

 

 

 


 

 

 

Local Environmental Plans

 

Lane Cove Local Environmental Plan (LEP) 2009

 

Permissibility

 

The subject site is zoned R4 High Density Residential under Lane Cove LEP 2009. The following land uses are listed as permitted with consent in the zone:

 

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

 

The proposal is considered satisfactory with respect to permissibility under Lane Cove 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

17.5m

17.5m

Yes

4.4 FSR

1.8:1

1.8:1

Yes

 

Other Provisions

 

LEP

Proposed

5.6 Architectural Roof Features

The application does not include any 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.

 

(ii)        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 which have occurred and would be sufficient for its purpose. The proposal is consistent with the Draft Remediation of Land SEPP.

 

 

 

(iii)       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.

Consolidation of 3 lots and does not result in any isolated development sites

 

Yes

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.

A BASIX Certificate has been provided with the application demonstrating water and energy efficiency.

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

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

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 Mowbray Road and provides for uses at the ground floor that promote activity including communal open space and ground floor apartments however there are concerns with the design of the common open space area raised by Council’s consultant.

No, however the variation is supported as an appropriate landscaped outcome would be achieved subject to conditions and the location of the common open space is situated at the most appropriate position on site.

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 Mowbray Road.

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 1,692.2m².

Yes

3.3 Building Depth

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

24m building depth is excessive.

 

No, however a deferred commencement condition is recommended to require a redesign to the internal layout of units to improve their efficiency.

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.

The proposal provides for a 31m building width to Mowbray Road.

Yes

 

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.

Mowbray Rd: min. 7m

 

No, however a deferred commencement condition is recommended to require that the building setbacks and balconies to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to include for reasonable articulation encroachments and 1.5m high privacy louvred screens to be installed where there are high framed glazing windows or any other windows/balconies should they be forward of the required minimum setbacks.

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

Provided 

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

 

 

 

Min. 5.5m

Min. 6m

 

The encroachments are by 500mm where the 500mm articulation zone permitted has been consistently applied to over 50% to all side/rear building facades. On the 5th storey, there are further balcony encroachments by a maximum of 3m.

 

 

No, however a deferred commencement condition is recommended to require that the building setbacks and balconies to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to include for reasonable articulation encroachments and 1.5m high privacy louvred screens to be installed where there are high framed glazing windows or any other windows/balconies should they be forward of the required minimum setbacks.

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.

 

 

 

 

Encroachments into setback zone >2m to Mowbray Road and along the north western boundary and south eastern corner of the site by a length of 17m.

 

Max. 1.8m in height above natural ground level

 

 

 

Encroachments consistently applied by a maximum of 500mm and balconies more than 500mm to a maximum of 3m on the 5th storey.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

No, however variation is supported as it is only at one section of the basement structure to the north western corner of the site.

 

No, however a deferred commencement condition is recommended to require that the building setbacks and balconies to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to include for reasonable articulation encroachments and 1.5m high privacy louvred screens to be installed where there are high framed glazing windows or any other windows/balconies should they be forward of the required minimum setbacks.

 

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.

 

Required setbacks and building separation with adjoining developments not achieved due to 500mm and up to 3m balcony encroachments into the minimum DCP 6m and 9m side/rear setback requirements.

No, however a deferred commencement condition is recommended to require that the building setbacks and balconies to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to include for reasonable articulation encroachments and 1.5m high privacy louvred screens to be installed where there are high framed glazing windows or any other windows/balconies should they be forward of the required minimum setbacks.

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 would impact on deep soil plantings however the majority has been restricted to a maximum of 2m beyond the building footprint which is permitted by the DCP with the exception at one section of basement structure to the north western corner of the site by a total length of 17m.

No, however variation is supported as it is only at one section of the basement structure to the north western corner of the site.

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 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.

Deep soil width provisions of a minimum of 6m not achieved under ADG where 4m -4.5m wide deep soil areas provided.

No, however the variation is supported as it would be necessary to increase the minimum width of deep soil areas to a minimum of 6m in this instance as an appropriate landscape outcome would be achieved subject to conditions.

 

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.

N/A

N/A

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.

·   10 x 1 bedroom (25%);

·   25 x 2 bedroom (64%)

·   4 x 3 bedroom (10%)

 

Apartment mix is acceptable.

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.

30.7%

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.

39.28% landscaped area provided with 29% deep soil planting.

No, however the variation is supported as it is very minor

3.19 Planting on structures

Landscaping on structures are appropriate and subject to appropriate landscaped conditions

 

 

 

 

 

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

 

Variation Proposed

Comment

Setbacks

 

Min. 7m Mowbray Road front setback

 

Min. 5.5m side/rear setback for up to 4 storeys

 

Min. 9m setback for the fifth storey component

 

Encroachments into setback zone >2m to Mowbray Road, along the north western boundary and south eastern corner of the site

 

Max. 1.8m in height above natural ground level

 

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 side/rear setback and a minimum 9m setback for the 5th storey component. 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 applicant has stated that the use of the 500mm and 2m encroachments allowed for articulation to building setbacks and basement car park setbacks respectively have been applied in accordance with the DCP. In relation to the 500mm encroachments the intent is to provide one large bay window concept over Levels 2-4 with the provision of high aluminium framed glazing windows. Council’s consultant has disagreed as discussed previously under the ADG section of this report. The applicant has stated that the design complies with the maximum 1.2m basement height control.

 

Comment:

 

The proposed variation to the basement car park setbacks is reasonable in this instance as it would be unreasonable to request full compliance as a redesign would likely affect the current design of the basement or may require excavation of a whole new basement car park level which is not considered to be desirable on environmental grounds.

 

As discussed previously under the ADG section of this report, the proposed height to the basement structure is supported in this instance.

 

It is considered that the use of the permitted building setback encroachments has been over applied with large sections of the building façade with rooms and balconies extending into the minimum permitted setback areas in excess of at least 50% of the total building façade length of the building.

 

To ensure that amenity is maintained for adjoining and future residents, it is recommended that the building setbacks and balconies of the development to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to only allow for reasonable portions of articulation encroachments to occur as a deferred commencement condition. One potential option is for the applicant to mirror reverse the proposed setbacks to better achieve compliance. It is also recommended that a minimum 1.5m high privacy louvred screens be attached to the proposed high aluminium framed glazing windows or any other windows/balconies should they be forward of the required minimum setbacks.

Landscaped Area

 

39.28%

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.

 

The applicant stated that the proposed landscaped outcome is appropriate and is supportable as the proposed deep soil provided at 29% exceeds the minimum 15% set out by the ADG.

 

Comment:

 

The proposed variation is supported in this instance as it minor and Council’s Landscape Officer has recommended appropriate landscaping conditions to ensure that a satisfactory landscaped outcome is achieved. The variation has been compensated by bolstering the draft landscaped conditions to ensure that there would higher trees to be planted along Mowbray Road to reduce the visual impact of the proposed building.

 

PART C – RESIDENTIAL LOCALITIES 

 

PART C RESIDENTIAL LOCALITIES

DCP Control

Proposed

Complies

Locality 6

A 17.5m height limit is to correspond with a maximum height of 5 storeys. 

The proposal has a maximum of 5 storeys.

Yes

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.

The proposal provides for an overdevelopment and not supported by Council’s SEPP 65 consultant.

 

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

 

The 5th storey balcony is set back on line with the 4th storey below

 

No, however a deferred commencement condition is recommended to require that the building setbacks and balconies to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to include for reasonable articulation encroachments and 1.5m high privacy louvred screens to be installed where there are high framed glazing windows or any other windows/balconies should they be forward of the required minimum setbacks.

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 (29%) which is in excess of the ADG which is 15% however the dimensions/design of the deep soil areas widths of 4m - 4.5m instead of the required 6m can accommodate dense plantings and has been supported by Council’s Landscape Officer subject to conditions.

No, however the variation is supported as the proposed total of area of deep soil would be provided satisfactory to achieve a suitable landscaped outcome on the site subject to conditions.

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

The proposed design does not encourage tree retention on site however new plantings are to occur.

 

No, however the variation is supported as the existing trees are not capable of being retained due to the proposed building footprint and suitable replacement plantings are to occur subject to conditions.

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.

No stepping however there is no immediate zoning interface involved.

Yes

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 material palette is considered in keeping with the natural setting.

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.

Not bushland prone land

Yes

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

 

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 balcony is set back in line with the 4th storey below

Part C Residential 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 the use of the 500mm building facade encroachments and balcony encroachments up to in line with the 4th level below is appropriate for articulation and privacy purposes.

 

Council’s consultant does not support the proposed setbacks of the development.

 

Comment:

 

It is considered that the use of the permitted building setback encroachments has been over applied with large sections of the building façade with rooms and balconies extending into the minimum permitted setback areas. To ensure that amenity is maintained for adjoining and future residents, it is recommended that the building setbacks and balconies of the development to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to only allow for reasonable portions of articulation encroachments to occur as a deferred commencement condition to include that a minimum 1.5m high privacy louvred screens be attached to the proposed high aluminium framed glazing windows or any other windows/balconies should they be forward of the required minimum setbacks.

29% 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 applicant has stated that sufficient deep soil areas have been provided and Council’s consultant disagreed. Council’s consultant stated that the proposal would be inconsistent with the treed character of the locality due to the proposed 4 - 4.5m widths of the deep soil areas.

 

Comment:

 

The applicant has provided a total deep soil area which complies with the ADG at 29% (min. 15%) although it is noted the proposed width of 3m does not comply with the ADG. However, to increase the widths of the deep soil areas would require a complete redesign to the basement car park area possibly requiring excavation of a whole new level. An appropriate landscape outcome would still be achieved on the site subject to conditions and the proposed variation is supported in this instance.

 

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.

20.5% provided – 8 of the 39 apartments 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:

10 x 1 bed = 10 x 1 = 10

25 x 2 bed = 25 x 1.5 = 37.5

4 x 3-bed = 4 x 2 = 8

Total required: 55.6(56)

 

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:  56 residential spaces

 

1 car wash/garbage collection/truck space provided.

 

 

Car wash provided.

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

Yes

 

 

 

Yes

 

1 disabled space for each adaptable housing unit

 

8 adaptable units are proposed within the building

8 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:

39 units/4 = 9.75(10) spaces

 

Provided:

10 visitor spaces including car wash bay and 1 accessible space

 

 

 

 

Yes

2.7 – Motorcycle parking

1 motorcycle space per 15 car spaces: 66/15 = 4.4(5)

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

5 motorcycle space provided in basement.

Dimensions 2.5m x 1.2m

Yes

 

 

The application is fully compliant with the parking requirements under Part R of Lane Cove DCP 2010.

 

Section 7.11 - Development Contributions Plan

 

The proposed development would increase the population living on the site. There would be 39 dwellings in the proposed residential flat building development. The dwelling mix comprises of:

 

·        10 x 1 bedroom

·        25 x 2 bedroom

·        4 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

10 x $12,770.40

$127,704.00

2 Bedrooms

1.9 persons

$10,642.00 x 1.9 =

$20,219.80 per dwelling

*Capped Rate $20,000.00 per dwelling

25 x $20,000.00

$500,000.00

3 Bedrooms

2.4 persons

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

*Capped Rate $20,000.00 per dwelling

4 x $20,000.00

$80,000.00

 

 

 

TOTAL

$707,704.00

*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 3 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 $60,000.00. The required S7.11 contribution is calculated at: $707,704.00 – $60,000,000 = $647,704.00.

 

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

 

All relevant issues regarding built impacts of the development are discussed elsewhere in this report and it is considered that the proposal would contain significant adverse internal or external amenity impacts.

 

It is recommended that a redesign occur subject to a deferred commencement consent. The privacy of surrounding developments would not be compromised subject to a redesign to achieve better compliance with Council’s DCP setbacks and the ADG building separation requirements with appropriate privacy measures in place. The development subject to these amendments 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 development subject to a redesign occurring in accordance with the recommended draft deferred commencement condition which would better deliver the relevant SEPP 65, ADG, LEP and DCP objectives.

 

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

 

The proposal was notified in accordance with Council policy and 7 submissions were received specifically raising concern with privacy and traffic from the adjoining residential flat building development to east and from the Stringy Bark Creek Residents’ Association in relation to construction hours. The submissions are summarised and addressed within the following table:

 

Concern

Comment

Negative impact from the development including its construction on the already high traffic flow on Mowbray Road which currently has construction at 608 Mowbray Road.

Approval of the proposed development would not have a significant adverse traffic impact in relation to traffic generation and the carrying capacity of Mowbray Road.

There are inadequate street parking spaces due to the close proximity of Mowbray public school and the shops at Mowbray Road/Willandra Street.

All car parking generated by the proposed development would be contained within the subject site.

The car park entrance is too close to the traffic lights and pedestrian crossing.

Agreed. The proposed entrance would need to be redesigned accordingly.

There are no measures in place to prevent right hand turns.

No right-hand turn restrictions are required in this instance.

The traffic report does not assess weekend traffic impacts and there are no estimates for the expected number of bus trips.

The submitted traffic report has been assessed and there are no traffic concerns with the development with the exception to require a redesign to the vehicular crossing.

A preliminary construction traffic management plan has not been submitted.

Such a plan is recommended to be conditioned to be provided prior to works commencing on site or prior to the issue of the construction certificate.

Loss of residential amenity with the balconies of the units would overlook and shadow the living rooms and balconies/courtyards at 634-638 Mowbray Road.

It is recommended that the building setbacks and balconies of the development to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to only allow for reasonable portions of articulation encroachments to occur as a deferred commencement condition. It is also recommended that a minimum 1.5m high privacy louvred screens be attached to the proposed high aluminium framed glazing windows or any other windows/balconies should they be forward of the required minimum setbacks. The submitted overshadowing plans indicate that the adjoining development at 634-638 Mowbray Road would receive reasonable amount of sun during 21st of June.

The development should comply with the minimum 9m setback requirements.

It is recommended that the building and balcony setbacks of the development are to achieve better compliance with Council’s DCP setback requirements with appropriate privacy measures in place.

The development is not in the public interest as there are too many units on Mowbray Road.

Subject to the recommended redesign occurring, the proposed development would be in the public interest in providing for improved housing choice for future residents.

There are concerns with ground movement during construction. As a minimum dilapidation reports prior to and following construction would need to be prepared.

It is recommended that appropriate conditions be imposed to require the submission of dilapidation reports prior and post construction.

Has noise vibration been considered in terms of monitoring and on potential impact to adjoining buildings.

A noise and vibration report have been submitted. Council’s Manager Environmental Health has assessed the proposal and raised no objections.

There are safety issues created by operational plant and equipment in close proximity to the school and to the general public.

All construction works undertaken would need to be undertaken in accordance with relevant occupational and public safety requirements.

The impact of noise and dust from construction.

Appropriate construction hours and dust control measures are to be conditioned.

The impact of noise following construction from plant equipment.

An acoustic report has been submitted. Council’s Manager Environmental Health has assessed the proposal and raised no objections subject to noise conditions.

The environmental impact the development would have on the natural habitat of wildlife through the removal of trees and shrubbery.

The environmental impacts resulting from the proposed development is reasonable.

The impact to the sewage service as residents has been informed about two major sewage blockages that have occurred to the current system.

Appropriate Sydney Water conditions are to be imposed.

The impact of high winds and the need for a wind assessment.

Any wind impacts resulting from the proposed development would be reasonable.

The Stringy Bark Creek Residents’ Association Inc (SBCR) agreed with Council that certain rules regarding construction hours be implemented in particular with jack hammering and other noise operations. It is important that this be maintained.

A condition is to be imposed for standard construction hours however high noise generating activities are to be restricted between 8am and 5pm with a respite period of between 12noon to 1.30pm Monday to Friday with no such activities on Saturdays.

 

(e)  The public interest

 

Having regard to the assessment and recommendations contained in this report, it is considered that approval of the development as a deferred commencement consent to require for an appropriate redesign to the development to occur 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 subject to recommended draft conditions.

 

Development Engineer

 

No objections subject to recommended draft conditions.

 

Manager Environmental Health

 

No objections subject to recommended draft conditions to include a deferred commencement condition in relation to waste management to ensure that a chute system be installed in accordance with Council’s Waste Minimisation DCP.

 

Community Services

 

Concerns were raised in relation to improving the internal layouts of the adaptable/visitable units to ensure that bathrooms meet minimum standards for visitable units and that the required number of adaptable units have an improved split between 1, 2 and 3 bedroom units. It is recommended that these matters be incorporated into any deferred commencement condition.

 

Tree Assessment Officer

 

No objections subject to recommended draft conditions.

 

Landscape Architect

 

Concerns were with the proposal where there was little room for planting of advanced trees or room for smaller trees to eventually establish especially along Mowbray Road. The proposed Tristaniopsis laurina within the front setback are in 1m wide planter beds along the street front, this is insufficient space for the trees to grow. The submitted landscape plan was also inadequate in relation to relevant required plan details. It is recommended that these matters can be incorporated into the draft conditions to ensure that improvements are to be made to the proposed landscaping and tree plantings along the Mowbray Street frontage.

 

 

 

Traffic and Transport Coordinator

 

No objections subject to recommended draft conditions including a deferred commencement condition to require submission of a safety and functionality report be submitted to include information on how the proposed traffic signal system is activated, on the location of loops, how unintentional loop activation is managed and on cycle time.

 

Roads and Maritime Services (RMS)

 

Concurrence obtained subject to a recommended redesign occurring as follows:

 

·    Relocation of the proposed driveway further south, to allow for the vehicle to fully manoeuvre in a front direction onto the laneway and provide adequate decision making time for both pedestrians and the driver.

·    In accordance with AS 2890.1- 2004 (Parking Facilities, Part 1: Off-street car parking), the driveway shall be a minimum of 5.5m in width for a minimum distance of 6m from the property boundary to allow for two-way simultaneous entry and exit.

·    All vehicles shall enter and exit the site in a forward direction. A swept path plan, demonstrating vehicles manoeuvring into a forward exiting position from the site and entering the site in a forward direction, shall be submitted to Council.

 

The above comments could be incorporated into the draft deferred commencement condition to ensure that the above outcomes occur as part of the redesign of the development.

 

CONCLUSION

 

The matters in relation to Section 4.15 of the Environmental Planning and Assessment Act 1979 have been satisfied. The application meets with the building height and FSR controls as required in the Lane Cove Local Environmental Plan 2009 and generally meets with the Part C Residential Development objectives in the Lane Cove Development Control Plan. However. there are concerns with the proposed development with respect to satisfying the requirements of the Apartment Design Guide (ADG) and Council’s DCP.

 

On balance the proposed development would be reasonable and recommended for approval subject to a draft deferred commencement condition to require a redesign that includes the following:

 

·    Improved compliance and amenity with internal layout of units which reduce the length of corridors and better achieves compliance with the ADG with increased efficiency.

·    That the building setbacks and balconies of the development to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to only allow for reasonable portions of articulation encroachments to occur.

·    Provision of minimum 1.5m high privacy louvred screens to be attached to the proposed high aluminium framed glazing windows or any other windows/balconies to maintain privacy should they be forward of the required minimum setbacks.

·    A relocated basement entrance further east away from the pedestrian crossing.

·    Provision of a garbage chute system.

·    An improved mix of 1, 2 and 3 bedroom adaptable units.

 

 

 

 

RECOMMENDATION

 

That pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 5 November 2019, exercising the functions of Council as the consent authority, grant a deferred commencement consent to Development Application DA94/2019 for demolition of existing structures and construction of a residential flat building containing 39 units and 2 levels of basement carparking on 640-646 Mowbray Road, Lane Cove North, subject to the following:

 

This consent shall not became operational until the applicant satisfies the consent authority (Council) by producing satisfactory evidence relating to the matters set out in Part A within one year of the issue of this consent.

 

Upon the consent authority being satisfied as to compliance with the matters set out in Part A the consent shall become operative and take effect from the date of notification under Clause 95(5) of the Environmental Planning and Assessment Regulations subject to the conditions set out in Part B.

 

PART A – DEFERRED COMMENCEMENT CONSENT:

 

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

 

1.         The following amendments are to be made to the development application plans to the satisfaction of Council’s Manager Development Assessment:

 

Planning:

·    That a redesign or reconfiguration of internal layouts of units occurs which improves internal amenity and inefficient internal design of units which reduces the length of corridors including crooked corridors.

 

                  Reason: To ensure compliance with the requirements of State Environmental Planning                   Policy No. 65 and the Apartment Design Guide (ADG) in particular in accordance with                   Parts 2E, 4B and 4D of the ADG.

 

·    That the building setbacks and balconies of the development to achieve better compliance with Council’s DCP setback and the ADG building separation requirements to only allow for reasonable portions of articulation encroachments to occur.

·    Provision of minimum 1.5m high privacy louvred screens to be attached to the proposed high aluminium framed glazing windows or any other windows/balconies to maintain privacy should they be forward of the required minimum setbacks.

 

                  Reason: To ensure improved compliance with the setback requirements of Council’s                   Residential Development Control Plan (DCP) and the building separation requirements                   of the Apartment Design Guide (ADG) while protecting privacy between residents.       

 

Accessibility:

·    That bathrooms meet the minimum standards required for visitable units.

·    An improved mix of units between 1, 2 and 3 bedroom units are to occur to the minimum required number of adaptable units

 

                        Reason: To ensure that adaptable housing is to comply with the relevant Australian                         Standards and that they are equitably distributed throughout all types and sizes of                         dwelling units.

 

Traffic Management:

·    Relocation of the proposed driveway further south, to allow for the vehicle to fully manoeuvre in a front direction onto the laneway and provide adequate decision making time for both pedestrians and the driver.

·    In accordance with AS 2890.1- 2004 (Parking Facilities, Part 1: Off-street car parking), the driveway shall be a minimum of 5.5 metres in width for a minimum distance of 6 metres from the property boundary to allow for two-way simultaneous entry and exit.

·    All vehicles shall enter and exit the site in a forward direction. A swept path plan, demonstrating vehicles manoeuvring into a forward exiting position from the site and entering the site in a forward direction, shall be submitted to Council.

·    A safety and functionality report must be submitted to Council. The report should include information such as (but not limited to) how the traffic signal system is activated, location of loops, how unintentional loop activation is managed, cycle time etc.

 

                  Reason: To ensure that the potential adverse traffic safety impacts of the development                   are minimised.     

 

Waste Management:

·    An identified location of a chute system is to be provided in accordance with Section 4.3 of Lane Cove Council DCP Part F which requires residential flat buildings with 4 or more storeys to provide a chute system.

·    An identified location for bulky waste storage room that must be 30m2 with 1700mm door widths is to be provided in accordance with Section 4.3 of Lane Cove Council DCP Part F.

                  Reason: To ensure that an appropriate on-site waste management system is in place                   for the development.

 

Amended floor plans and elevations are to be submitted to Council which document the   changes within Condition 1.

 

PART B – CONDITIONS OF CONSENT:

Note: This part of the consent will not become operable until Council advises in writing that the matters contained in Part A are satisfied.

 

1.         That the development be strictly in accordance with:

·    Drawing number/s: Final drawing numbers are to be submitted

 

except as amended by the following conditions and amended plans to satisfy Condition 1 under Part A of this consent.

 

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

 

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

 

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

 

3.         Hours of Work.  All demolition, building construction work, including earthworks, deliveries             of building materials to and from the site to be restricted to the following hours:-

 

        Monday to Friday (inclusive)   7am to 5.30pm  High noise generating activities, including rock breaking and saw cutting must not be carried out continuously for longer than 3 hours without a 1 hour break.

 

        Saturday                                  8am to 12 noon with NO excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N. 

Sunday      No work Sunday or any Public Holiday.

 

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

 

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

 

4.         All building works are required to be carried out in accordance with the provisions of the             Building Code of Australia. A Completion Certificate is to be issued by either the Principal             Certifier or accredited Fire Safety Engineer, confirming that all identified Performance Solutions             have been completed/implemented for the building prior to the issue of a Final Occupation             Certificate. 

 

            Reason: Statutory requirement.

 

5.         A Construction Traffic Management Plan: A Construction 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. Heavy vehicles will not be permitted to travel on local roads unless prior Council             permission is obtained from Council’s Traffic section. Consultation with NSW Police, RMS             and Transport for NSW / Sydney Buses will be required as part of preparation of the             Construction Traffic Management Plan. 

The Construction Management Plan should specify proposed Work/Construction Zones and the impact of the construction traffic activities to all road users including pedestrians and cyclists. The Construction Management Plan may contain issues requiring the attention and approval of the Lane Cove Traffic Committee (LTC). The Construction Management Plan should also assess and address the impact of construction vehicles travelling through the surrounding road network.

 

Reason: To ensure reasonable amenity is maintained to the neighbouring properties and to the current workers on the subject site.

 

6.         Section 7.11 Contribution.  The payment of a contribution for additional person/s in             accordance with Council’s Section 7.11 (S94) Contributions Plan shall be paid prior to the             issue of any Construction Certificate.  This payment is to be at the current rate at the time of             payment.  The amount of $647,704.00 at the current rate of $10,642 per person             (2019/2020) is required to be paid.  

 

   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT    BE ACCEPTED.

 

   This contribution is for Community facilities, Open Space/Recreation and Roads under the    Lane Cove Section 7.11 (S94) Contributions Plan which is available for inspection at the    Customer Service Centre located at Lane Cove Council, 48 Longueville Road, Lane Cove.

 

   N/B      The Section 7.11 Contribution is calculated as the 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

10 x $12,770.40

$127,704.00

2 Bedrooms

1.9 persons

$10,642.00 x 1.9 =

$20,219.80 per dwelling

*Capped Rate $20,000.00 per dwelling

25 x $20,000.00

$500,000.00

3 Bedrooms

2.4 persons

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

*Capped Rate $20,000.00 per dwelling

4 x $20,000.00

$80,000.00

 

 

 

TOTAL

$707,704.00

*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 3 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 $60,000.00. The required S7.11             contribution is calculated at: $707,704.00 – $60,000,000 = $647,704.00.

 

            Reason: Statutory requirement.

 

7.         The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.

 

            Reason: Statutory requirement.

 

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

 

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

 

9.         Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

            Reason: To protect the environment and public amenity.

 

10.       The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

            Reason: To protect the environment and public amenity.

 

11.       A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

            Reason: Statutory requirement.

 

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

 

a)         All reinforcement prior to filling with concrete.

b)         Installation of steel beams and columns prior to covering

c)         Waterproofing of wet areas

d)         Stormwater drainage lines prior to backfilling

e)         Completion.

 

Reason: Statutory requirement.

 

13.       Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

Reason: To protect the environment and public amenity.

 

14.       Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

a)      the name, address and telephone number of the Principal Certifier;

b)      the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)      a statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

Reason: To ensure public safety and public information.

 

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

 

            Reason: To protect the environment.           

 

16.       Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing.

 

            Reason: Statutory requirement.

 

17.       Reflectivity of Materials. Roofing and other external materials must be of low glare and           reflectivity.  All metal deck roofs are to be of a ribbed metal profile in a mid to dark colour              range with an anti-glare finish.  Details of finished external surface materials, including                    colours and texture must be provided to the Principal Certifying Authority prior to the release             of the Construction Certificate.

 

            Reason: To protect the amenity of surrounding properties

 

18.       A check survey certificate is to be submitted at:-

 

a) All basement/floor levels.

b) The completion of works.

 

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

           

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

 

19.       The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties. Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

 

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

(2)        The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

 

(3)        With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

(4)        The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

            Reason: To protect the amenity of surrounding properties

 

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

 

            Reason: To ensure public safety.

 

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

 

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

 

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

 

            Reason: To ensure public safety.

 

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

 

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

 

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

 

            Reason: To ensure compliance with the Australian Standards.

 

25.       An approved type of hoarding being erected along the street frontage.

 

            Reason: To ensure public safety.

 

26.       Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

            Reason: To ensure public safety.

 

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

 

            Reason: To protect the surrounding environment.

 

28.       It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

            Reason: To ensure all works are carried out lawfully.

 

29.       Long Service Levy  Compliance with Section 6.8 of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Reason: To ensure the levy is paid.

 

30.       A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.

 

31.       A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to             occupation of the development/release of the plan of subdivision.

 

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

 

            Reason: Statutory requirement.

 

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

 

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

 

34.       Disabled Access. Prior to the issue of the Construction Certificate, a report is to be             provided from a suitably qualified access consultant to verify that the Construction             Certificate Drawings are in accordance with the recommendations set out in the             accessibility report including a minimum 20% of units to be adaptable and 80% to be             visitable in accordance with Lane Cove Development Control Plan 2010. and fully comply             with the Building Code of Australia and Australian    Standards AS1428.1, AS4299,             AS1735.12 and AS2890.6. The report is to be provided to   the Principal Certifier and             Council (if Council is not the PCA).

 

   Reason: To ensure accessibility requirements are met.

 

35.       Adaptable Units. A total of 8 adaptable apartments are to be provided within the             development. These apartments are to comply with all of the requirements as outlined in             AS4299. Details demonstrating compliance is to be provided on the relevant Construction             Certificate plans. Prior to the issue of the Construction Certificate, a suitably qualified             access consultant is to certify that the development achieves the requirements of A54299.

 

   Reason: To ensure compliance with Council’s requirements

 

36.       Design Verification. Prior to the relevant Construction Certificate being issued with respect             to this development, the Principle Certifying Authority is to be provided with a written Design             Verification from a qualified designer. This statement must include verification from the             designer that the plans and specification achieve or improve the design quality of the             development to which this consent relates, having regard to the design quality principles set             out in Part 2 of State Environmental Planning Policy No. 65 – Design Quality of Residential             Flat Development. This condition is imposed in accordance with Clause 143 of the             Environmental Planning and Assessment Regulation 2000.

 

   Reason:          Statutory requirement

 

37.       Parking Allocation Both the owner and occupier of the development and/or the strata body             must provide and maintain the minimum parking allocation as follows;

·    56 residential spaces including 8 accessible spaces;

·    10 visitor spaces including 1 accessible space;

·    5 motorbike spaces; and

·    15 bicycle spaces.

 

   Reason:  To ensure parking spaces are provided in accordance with the determination

 

38.       Crime Prevention Through Environmental Design: Compliance with the following Crime Prevention Through Environmental Design requirements:

·    The building address is to be cleared identified with signage visible from the street;

·    An electronic surveillance system (CCTV) is to be included to provide surveillance of areas of the building including entry/exits, mail boxes and garage areas particularly bicycle and motorcycle parking areas and storage cages. The system is to be capable of recording high-quality images of events. The recording equipment is to be locked away to reduce the likelihood of tampering. Monitors should be placed in secure areas, to allow security staff, if applicable, to view all areas under camera surveillance;

·    Appropriate signage is to be erected inside and around the perimeter of the property to warn of security treatments in place e.g. “This site is under 24 hour video surveillance”;

·    Lighting in and around the common areas of the development should comply with Australian Standard 1158 and provide for adequate, uniform illumination. External lighting should be of a ‘white light’ source. Luminaries (light covers) are to be installed throughout all common area lighting to reduce opportunities for malicious damage;

·    An emergency control and evacuation plan should be implemented within the building;

·    All recording made by the CCTV system must be stored for at least 30 days and ensure that the system is accessible by at least one member of staff (or authorised resident) at all times it is in operation, and provide any recordings made by the system to a police officer or police inspector within 24 hours of any request made by those persons;

·    Mailboxes should be secured so they are entirely within the building lobby or only able to be opened from inside the building (or behind a secured common area). Australia Post requirements prevail where there is any inconsistency; and

·    Suitable warning signs are to be erected within the basement parking area warning residents of theft of bicycles, motorcycles and from storage cages.

 

            Reason: To provide safety and security

 

39.       Graffiti. All surfaces on the street level that are not glass should use graffiti resistant paints             and/or other surfaces that discourage graffiti. Details demonstrating compliance are to be             submitted to the Principal Certifying Authority prior to the issue of any Occupation             Certificate.

 

            Reason: To prevent property damage and vandalism

 

40.       Lighting. Lighting is to be provided around the site and all lighting is to comply with the             following requirements:

·    Lighting is to be designed and installed in accordance with the relevant Australian and New Zealand Lighting Standards.

·    A Lighting Maintenance Policy is required to outline the maintenance, monitoring and operation of lighting.

·    Lighting is to be provided to all common areas including all car parking levels, stairs and access corridors and communal gardens.

·    Lighting is to be automatically controlled by time clocks and where appropriate, sensors for energy efficiency and a controlled environment for residents.

Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

             Reason: To provide safety and security

 

41.       Addressing of Developments. The addressing of the development, including sub-addressing, must comply with all rules and regulations of the Geographical Names Board, including the NSW Addressing Users Manual, as approved by Council.

 

            Reason: To provide an appropriate housing numbering system to the development.

 

42.       Lot Consolidation.  The existing allotments must be consolidated into one allotment and             evidence of consolidation from NSW Land and Property Information must be submitted with             Council prior to the issue of the Occupation Certificate

 

   Reason: To contain the development within one allotment

 

Tree Management Conditions

 

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

 

44.       This condition provides consent for the removal of the following trees identified in the             Arborist report prepared by Landscape Matrix dated May 2019;             1,2,3,4,5,6,7,8,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25 and 32. Trees 26 and 26a             have been removed from site prior to the assessment and do not form part of the approval.             Trees may only be removed upon issue of the Construction Certificate.

45.       The following trees identified in the Arborist report prepared by Landscape Matrix dated             May 2019 are to be retained and protected during the development process; 27,28,29,30             and 31.

46.       A site-specific Tree Protection Plan produced by an AQF5 Consulting Arborist showing             protective measures for trees 27,28,29,30 and 31 shall to be submitted to the Principal             Certifier prior to the issue of the Construction Certificate. All tree protective measures             must be in place prior to any works commencing on the site and must be maintained for the             duration of works on the site. The plan must include a work method statement specific to             working within the tree protection zones. The plan must meet Australian Standard AS4970-            2009 Protection of Trees on Development sites and AS4373-2007 Pruning of Amenity             Trees.  All the above is required prior to the issue of the Construction Certificate.

47.       The site-specific tree protection plan shall be incorporated into the construction             management plan for the site and be displayed in the site office for the duration of the             construction period.

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

The reason is to provide professional and independent management advice on retained trees during the development phases.

 

49.       The Project Arborist is to attend site regularly to monitor and record compliance to all tree             related development conditions including certification of replacement planting has been             carried out.

 

50.       The Project Arborist attendance is to be followed by a certificate or statement of attendance             to be submitted to the Principal Certifier within five days of attendance.

The reason is to provide an up to date record of activity in the event Council requests to review the documents due to a breach in conditions.

 

51.       Replacement tree planting is to be implemented in accordance with the Landscape Plans             prepared by iScape dated July 2019, particularly the replacement planting schedule and             plan on drawing No. 69.19/166. Replacement planting on site is to be consistent with the             species, volume, locations and size index specified on the plan provided. In addition, two             more Tristaniopsis Laurina ‘luscious’ are to be installed on the street verge in replacement             of trees 1 and 11.

 

52.       All landscaping areas containing replacement trees shall have an automatic irrigation             system on a timer that provides adequate water for the ongoing health and vitality of the             plants.  The watering times and frequencies are to be adjusted seasonally to account for the             different watering requirements for the temperatures and hours of sunlight for each season             and maintained for the life of the development.  This obligation shall become the             responsibility of the Strata Management outside the Council appointed maintenance period.

 

53.       All plants shall be maintained in a healthy condition for the life of the development with             replacement plants installed within 6 months of their demise.  This obligation shall become             the responsibility of the Strata Management outside the Council appointed maintenance             period.

 

54.       Prior to issue of the Certificate of Occupation, the applicant must submit evidence of an               agreement for the maintenance of all site landscaping and replacement trees by a qualified             horticulturist, landscape contractor or landscape architect, for a period of 12 months from             the date of issue of the Certificate of Occupation.

 

55.       At the completion of the landscape maintenance period, the consultant landscape architect/             designer must submit a final report to Council or the accredited certifier, certifying that all             plant and tree material has been successfully established, that all of the outstanding                    maintenance works, or defects have been rectified prior to preparation of the report and that             a copy of the 12-month landscape maintenance strategy has been provided to the Owner/             Occupier.  A copy of the report must be submitted to Council PRIOR TO THE ISSUE OF             THE OCCUPATION CERTIFICATE.

 

Waste Management Conditions

 

56.       Waste and Recycling Storage Room

·    The waste and recycling storage room must be provided and be of sufficient size to accommodate a total of 24 x 240L general waste bins, 8 x 240L container recycling bins, and 8 x 240L paper recycling bins with adequate space for manoeuvring garbage and recycling bins.

·    Minimum clearance between bins of 300mm

·    Minimum door openings of 1700mm

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

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

Concrete which is at least 75mm thick; or

Other equivalent material; and

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

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

59.       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.

60.       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.

61.       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.

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

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

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

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

64.       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.

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

66.       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.

·    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.

 

67.       Access to Waste Collection Point

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

·    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.

·    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.

·    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.

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

68.       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.

 

69.       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.

70.       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.

71.       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.

Health & Environment Conditions

 

72.       Demolition Works and Asbestos Removal/Disposal

  The demolition of any existing structure is to be carried out in accordance with Australian   Standards AS 2601-2001: The Demolition of Structures.  All vehicles leaving the site   carrying demolition materials are to have the loads covered and are not to track any soil or   waste materials into the road.  Pursuant to Section 27A of the Occupational Health and   Safety Act 1983 “notification to Commence Demolition Work” form is to be submitted to   Workcover at least seven days prior to work commencing.  All asbestos, hazardous and/or   intractable wastes are to be disposed of in accordance with the Workcover Authority and   EPA guidelines and requirements.  The asbestos must be removed by a bonded asbestos   licensed operator.  Dockets/receipts verifying recycling/disposal must be kept and   presented to Council when required.

 

73.       Dust Control

  The following measures must be taken to control the emission of dust:

 

·    Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work

·    Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter

·    All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system

·    All stockpiles of materials that are likely to generate dust must be kept damp or covered

·    Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

74.       Erosion and Sedimentation Controls – Major Works

  Erosion and sediment control devices are to be provided.  All devices are to be established   prior to the commencement of engineering works and maintained for a minimum period of   six months after the completion of all works.  Periodic maintenance of the erosion and   sedimentation control devices is to be undertaken to ensure their effectiveness.

 

75.       Stabilised Access Point

  A stabilised all weather access point is to be provided prior to commencement of site works,    and maintained throughout construction activities until the site is stabilised.  These   requirements shall be in accordance with Managing Urban Stormwater – Soils and   Construction produced by the NSW Department of Housing (Blue Book).

 

76.       Site Water Management Plan

  A site water management plan is to be submitted to Council for approval.  The plan is   required to be site specific and be in accordance with “Managing Urban Stormwater – Soils   and Construction” (the blue book) produced by the NSW Department of Housing.

 

77.       Clean Water only to Stormwater System

Only clean unpolluted water is permitted to enter Council’s stormwater drainage system.

 

78.       Operation of Plant or Equipment

  To minimise the impact of noise from the development, all sound producing plant,   equipment, machinery, mechanical ventilation systems and or refrigeration systems, shall   be designed and or located so that the noise emitted does not exceed 5db(A) above the   ambient background level when measured from the boundary of any affected premises   between the hours of 8am to 10pm.  Between the hours of 10pm and 8am, noise shall not   exceed the ambient background level when measured at the boundary of an affected   premises.

 

  All sound producing equipment shall comply with the Protection of the Environmental   Operations Act 1997.

 

79.       Noise Control  – Car Park Security Grills

  To minimise the impact on the amenity of surrounding residents, all sound producing plant,   equipment, machinery or fittings within or forming part of the proposed security door fitted to   the car parking area entrance shall be acoustically attenuated so that the noise emitted   does not exceed 5db(A).  Not withstanding the above any noise that is emitted shall not be   audible within any premises and comply with the Protection of the Environmental Operations Act 1997.

 

80.       Noise Control – Demolition Works

              Noise must be minimised as far as practicable, by the selection of appropriate methods and   equipment, and by the use of silencing devices where practicable.

 

81.       Noise Level Restrictions – Demolition Works

  Noise from demolition works must comply with the following criteria:

 

·    For demolition periods of 4 weeks or less the noise level from demolition work must not exceed the background noise level by more than 20dB(A) when measured at the boundary of the worst affected premises in the vicinity

·    For demolition periods greater than 4 weeks the noise level from demolition work must not exceed the background noise level by more than 10dB(A) when measured at the boundary of the worst affected premises in the vicinity

 

82.       Noise Monitoring

  Noise monitoring must be carried out by a qualified acoustical consultant if complaints are   received, or if directed by Council, and any control measures recommended by the   acoustical consultant must be implemented during the demolition work.

 

83.       Road Traffic Noise

  The residential flat building must be designed and constructed so that road traffic noise   levels comply with the satisfactory design sound level in Australian/New Zealand AS/NZS   2107:2000 Acoustics – Recommended design sound level and reverberation times for   building interior, with windows and doors closed.

 

84.       Prior to the issue of the Occupation Certificate, a report from an acoustic consultant is to be             submitted, certifying that the development has been built in accordance with the             recommendations set out in section 4 of the Acoustic Report prepared by Acoustic             Dynamics (Doc no:4602R001.JM.190515 Rev 1 dated the 20 May 2019)

85.       The recommendations set out in section 6 of the Construction Noise & Vibration             Management Plan prepared by Acoustic Dynamics (Ref: 4602R002.JM.190515 Rev 1 dated             20 May 2019) must be implemented.

86.       Ventilation

  To ensure that adequate provision is made for ventilation of the premises, mechanical   and/or natural ventilation systems shall be designed, constructed and installed in   accordance with the provision of:

 

·    The Building Code of Australia

·    AS 1668 Part 1 and 2 – 1991

·    Protection of the Environment Operations Act 1997

 

  A certificate shall be submitted from a practicing mechanical engineer certifying that the   design and operation of the mechanical ventilation system meets the requirements of AS   1668 Parts 1 and 2.

 

87.       Car Park Ventilation

            The covered car park must be provided with an adequate system of permanent natural   ventilation or an approved system of mechanical ventilation.

 

88.       Storage of Potentially Contaminated Soils

All stockpiles of potentially contaminated soil must be stored in an environmentally acceptable manner in a secure area on the site.

 

89.       Assessment of Potentially Contaminated Soils

  All stockpiles of potentially contaminated soil must be assessed in accordance with relevant   NSW Environment Protection Authority guidelines, such as the publication titled   Environmental Guidelines: Assessment, Classification and Management of Liquid and Non   – Liquid Wastes (EPA, 1999).

 

 

90.       Offsite Disposal of Contaminated Soil

All contaminated soil removed from the sire must be disposed at a waste facility that can lawfully receive that waste.

 

Copies of all test results and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.

 

General Engineering Conditions

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

 

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

 

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

 

   Reason: To ensure public safety and amenity.

 

93.       Works on Council Property: Separate application shall be made to Council's Urban             Services Division for approval to complete, any associated works on Council property.  This             shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be   submitted prior to the start of any works on Council property.

 

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

 

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

 

  Reason:  To ensure public safety.

 

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

 

   Reason: To maintain Council infrastructure.

 

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

 

   Reason: To protect, maintain and provide utility services.

 

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

 

   Reason:  To ensure pedestrian access is maintained

 

98.       Council Drainage Infrastructure: The proposed construction shall not encroach onto any             existing Council stormwater line or drainage easement unless approved by Council. If a Council             stormwater line is located on the property during construction, Council is to be immediately             notified. Where necessary the stormwater line is to be relocated to be clear of the proposed             building works. Developer must lodge Stormwater Inspection Application form to Council. All             costs associated with the relocation of the stormwater line are to be borne by the applicant

 

   Reason:  To protect public infrastructure

 

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

 

  Reason:  To protect and maintain infrastructure assets

 

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

 

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

 

101.    Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system as per BASIX

           requirement. 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

 

102.     On-Site Stormwater Detention System - Marker Plate:  The on-site detention system             shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size:             100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated             plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface             or access grate. The wording on the marker plate is described in part O Council’s DCP-            Stormwater Management. An approved plate may be purchased from Council's customer             service desk.

 

  Reason:  To comply with Council’s requirements

 

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

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

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

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

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

 

Reason:     To protect and maintain public environment

 

104.     Truck Shaker:  A truck shaker ramp must be provided at the construction exit point. Fences             are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto             the public roadway by vehicles leaving the subject site is to be swept up immediately.

 

   Reason:  To protect and maintain public environment

 

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

 

  Reason: To protect and maintain public environment

 

106.     Cast in Situ Drainage Pits: Any drainage pit within a road reserve, a Council easement, or             that may be placed under Council’s control in the future, shall be constructed of cast in situ             concrete and in accordance with Part O Council’s DCP- Stormwater Management.

 

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

107.     Council Infrastructure Damage Bond: The applicant shall lodge with Council a $20,700             cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads,             footpaths, kerb and gutter, drainage or other assets because of the development. The bond             will be released upon issuing of the Occupation Certificate. If Council determines that             damage has occurred because of the development, the applicant will be required to repair             the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to             be carried in accordance with Council’s requirements. The full bond will be retained if             Council’s requirements are not satisfied. Lodgement of this bond is required prior to the             start of any works on the site.

 

   Reason:  To protect and maintain public infrastructure

 

108.     Drainage Plans Amendments: The stormwater drainage plan No: C2 and C3 issue C             prepared by Acor Consultants Pty Ltd dated on 25/06/19 is to be amended to reflect the             following conditions. This plan should show full details of new pipe network includes             following;

·    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

·    Access to the above ground on site detention system is to be restricted by enclosing the area with a swimming pool type fence with childproof, self closing gate for access

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

·    The proposed stormwater discharge to Kerb & Gutter is not permitted. The proposed stormwater discharge from the proposed development needs to drain directly into the nearest Council’s stormwater infrastructure 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.

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

 

   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

 

109.     Drainage Construction: The stormwater drainage on the site is to be constructed generally             in accordance with plan No: C1 and C2 issue C prepared by Acor Consultants Pty Ltd             dated 25-06-19 with the amendment mentioned above in condition D2.

   Certification by a suitably qualified engineer of the above plans is to be submitted to the    Principal Certifying Authority stating that the design fully complies with, AS-3500 and Part    O, Council's DCP-Stormwater Management. The plans and certification shall be submitted    prior to the issue of the Construction Certificate.

   The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified    plans 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 maintain the stormwater management of the property

 

110.     Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to             cover the registration of a Positive Covenant over the on site detention system. Lodgement             of this bond is required prior to the issue of the Construction Certificate.

 

   Reason: Statutory requirement

 

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

 

   Reason: To provide consistent street alignment levels

 

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

 

   Reason: Statutory requirement

 

113.   Geotechnical Report: A geotechnical report is to be completed for the excavation and ground water impacts associated with this development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.

 

Reason: To provide a record of Council’s infrastructure

 

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

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

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

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

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

·    Foundation bearing conditions and footing construction.

·    Installation of sub-soil drainage.

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

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

 

Reason:     To ensure adequate monitoring of excavation works

 

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

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

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

 

Reason:    To protect neighbouring properties

 

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

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

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

 

   Reason: To provide a record of Council’s infrastructure

 

117.     Work Zone: An application for a Work Zone adjacent the development shall be submitted to             Lane Cove Council for determination, prior to the commencement of the demolition and             prior to any works that require construction vehicle and machinery movements to and from             the site. If the development has access to a State Road, the Construction Management             Plan and Work Zone need to be referred to   RMS for approval. The approval of the Traffic             Construction Management Plan and application for a Work Zone by Council’s Traffic             Section must be submitted to the Principal Certifying Authority prior to the issue of the             Construction Certificate.  

 

    The developer must give the Council written notice of at least 14 days prior to the date upon     which use of the work zone will commence and the duration of the works zone approval     shall be taken to commence from that date. All vehicle unloading/loading activities on a     public roadway/footway are to be undertaken within an approved work zone.

 

   Reason: To ensure public traffic movements around the site

 

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

 

119.     Council Construction Requirements: The applicant shall construct / reconstruct the             following:

·    Reconstruct concrete footpath to match existing along the Mowbray Road West frontage.

·    New Kerb and Gutter along the Mowbray Road West frontage of the site.

·    Reinstate all adjustments to the road surface to Council’s satisfaction.

·    Construction of a new stormwater line that drains directly into the nearest Council’s stormwater infrastructure.

·    New nature-strip areas along the Mowbray Road West Frontage to match the adjoining streetscape.

 

   A $50,000.00 cash bond or bank guarantee shall be lodged with Council to cover the    satisfactory construction of the above requirements. Lodgement of this bond is required    prior to the issue of the Construction Certificate. The Bond will be held for a period of    six months after satisfactory completion of the works. All works shall be carried out prior to    the issue of the Occupation Certificate. All costs associated with the construction of the    above works are to be borne by the applicant.

 

120.     Council Inspection Requirements: The following items shall require Council inspections.

·    New footpath

·    New kerb and gutter

·    All asphalt adjustments to the roadway

·    All the approved stormwater drainage works on Council property

Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with Council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / setout requirements.

An Inspection fee of $580.00 is to be paid prior to the issue of the Construction Certificate.   

 

Engineering Conditions to be complied with prior to the commencement of demolition and construction

 

121.     Erosion and Sediment Control: The applicant shall install appropriate sediment control             devices prior to the start of any works on the site. The devices shall be maintained during             the construction period and replaced when necessary.

 

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

 

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

 

   Reason: To ensure safety of road and footpath users

 

Engineering condition to be complied with prior to Occupation Certificate

 

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

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

 

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

 

124.     Stormwater System Engineering Certification: On completion of the drainage system a             suitably qualified engineer shall certify that the drainage system has been constructed in             accordance with the approved plans, part O Council’s DCP-Stormwater Management and             AS-3500.The certification is to include a work as executed plan. The work as executed plan             shall:

§ be signed by a registered surveyor, &

§ clearly show the surveyor’s name and the date of signature.

   All documentation is to be submitted to the Principle Certifying Authority prior to the issue    of the Occupation Certificate.

 

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

 

125.     Redundant Gutter Crossing:  All redundant gutter and footpath crossings shall be             removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban             Services Division. These works shall be carried out prior to the issue of the Occupation             Certificate.

 

126.     Positive Covenant OSD:  Documents giving effect to the creation of a positive covenant             over the on site detention system shall be registered on the title of the property prior to the             issue of the Occupation Certificate. The wording of the terms of the positive covenant             shall be in accordance with part O Council’s DCP-Stormwater Management.

 

Traffic Conditions

 

            Parking and Servicing

 

127.     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.

 

128.     All accessible car spaces in the car park are to be adequately signposted and line marked,             and provided in accordance with AS2890.6: 2009 including the adjacent shared space and             the height clearance.

129.     The access to the car park shall comply with Australian Standards. AS 2890.1-2004.

130.        Visibility requirements of the proposed access must comply with AS 2890.1-2004.

          Waste Servicing

 

131.     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 linemarked.

          Pedestrians/Cycling

 

132.     A 2.5 metre Shared User Path must be constructed along the Mowbray Road frontage of             the site.

133.     All cycling racks and secure bike parking provided on-site must meet the minimum standards as outlined in Section 4.3 in Part R of the DCP and designed in accordance with AS 2890.3 2015. Alternative designs that exceed the Australian Standards will also be considered appropriate.

 

134.     The bicycle facilities are to be clearly labelled, and advisory/directional signage is to be provided at appropriate locations.

         

Landscape Conditions

 

General Landscape Conditions:

135.     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.

 

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

 

137.     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.

 

138.     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.

 

139.     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.

 

140.     Reticulated Water Supply

            Reticulated water supply is to be provided to all approved landscaping on site.

 

141.     Maintenance of Landscaping

            All approved landscaping is to be maintained for the life of the development and failure to do so would be a breach of consent. This obligation shall become the responsibility of the Strata Management.

 

Conditions to be Satisfied prior to Construction Certificate Issue:

142.     Tree Planting along Mowbray Road: A revised landscape plan showing 3 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 proposed shall be planted             inside the subject property boundary, 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.

 

143.     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. 

 

144.    Landscape Area: There are discrepancies between the Architectural Plans and the

           Landscape Plans on pages DA03 (Architects’) and 69.19/166 (Landscape Architects’) as the

           Landscape Architect has shown a path on the northern side of the development and the

           Architect has not and shown it as deep soil planting. There is further clarification needed for

           this element and revised landscape calculation plans completed by the landscape architect

           must be prepared and resubmitted to Council’s landscape architect for approval.

 

Conditions to be Satisfied prior to Occupation Certificate issue:

143.     Tree planting along Mowbray Road:

          3 x endemic trees along Mowbray Road and 2 x endemic trees 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

 

145.      Screen Planting along Boundaries:

            Screen planting along the western and southern boundaries shall be installed with a height             2m above finished ground level of at the time of planting and mature height of at least 4m             tall. Plants must be spaced 1.5m 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.

 

 

 

 

 

ATTACHMENTS:

AT‑1View

Neighbour Notification Plan

2 Pages

 

AT‑2View

Notification Plan

2 Pages

 

AT‑3View

Council's Consultant SEPP 65 Report

8 Pages

 

AT‑4View

The Apartment Design Guide Compliance Table

8 Pages

 

 

 


ATTACHMENT 1

Neighbour Notification Plan

 

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ATTACHMENT 1

Neighbour Notification Plan

 

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ATTACHMENT 2

Notification Plan

 

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ATTACHMENT 3

Council's Consultant SEPP 65 Report

 

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ATTACHMENT 4

The Apartment Design Guide Compliance Table

 

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Lane Cove Local Planning Panel Meeting 10 December 2019

40A Upper Cliff Road Northwood

 

 

Subject:          40A Upper Cliff Road Northwood    

Record No:    DA19/88-01 - 66632/19

Division:         Environmental Services Division

Author(s):      Christopher Shortt 

 

 

 

Property:

40A Upper Cliff Road Northwood

DA No:

DA2019/88

Date Lodged:

19 July 2019

Cost of Work:

$205,000

Owner:

Brian Connolly

Applicant:                        

Brian Connolly

 

Description of the proposal to appear on determination

Alterations and additions to existing dwelling house.

Zone

R2 Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

Yes - Item 311 in Lane Cove LEP 2009

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 1a and 10b

Stop the Clock used

No

Notification

Neighbours                             1A Private Road, 27, 29, 33, 34, 36, 38, 40, 40A 42, 44, 46, and 46A Upper Cliff Road.

                                              

Progress Association            

                                              Northwood Action Group, 

                                              Lane Cove Bushland & Conservation    .                                             Society.

 

EXECUTIVE SUMMARY

 

·    The proposal is to be determined by the panel because it would result in non-compliances with the development standards (Height) and (Floor Space Ratio FSR) by greater than 10%;

 

·    The proposed alterations and additions are to a modern heritage listed dwelling house known as ‘Nioka’. The house was constructed in 1978.

 

·    The majority of the site including the entire building is located within an Asset Protection Zone (APZ) and part of the site is also within the Environmental Protection Zone (EPZ) as the rear backs onto the boundary of Gore Creek Reserve. 

 

·    The existing 1978 building envelope does not comply with the FSR or Height controls of Lane Cove LEP 2009.

 

·    The existing building has a Gross floor Area GFA of 317.85sqm and an FSR of 0.57:1. The subject application proposes an additional 5.68sqm of GFA resulting in a total GFA of 323.53 sqm and an FSR of 0.58:1 or 16% above the control. The variation is supported in this instance as the additional non-complaint GFA is minor and would be located at lower ground floor and 1st floor within the existing building envelope, it would also not be visible from neighbours or the public domain;

 

·    The existing building is approximately 13.7m high which exceeds the 9.5m height control by 44%. The application proposes a passenger lift to all levels up to a height of approximately 12.64m or 33% above the control, and a replacement awning over the front door entrance which is approximately 10.7m or 12.6% above the control. The variations are supported in this instance as the lift shaft would be below the existing building height by 1.4m, and the awning would be 3m below the existing maximum building height. The lift and awning would not result in privacy impacts or overshadowing impacts, and would not compromise the heritage significance of the item;

 

·    The applicant submitted a Clause 4.6 statement requesting variation of the development standards for FSR and Height. Council is satisfied that the Clause 4.6 variation is well founded, and the proposed development would be in the public interest because it is consistent with the objectives of the particular standards and the objectives for development within the zone;

 

·    Although the proposal would result in four (4) non - compliances with the Lane Cove DCP 2009 none would raise any significant issues and all are recommended for support;

 

·    Two (2) submissions were received as a result of the notification. One from the neighbour to the south at 42 Upper Cliff Road, and one from the neighbour west at 40 Upper Cliff Road. Concerns raised include:

 

Overshadowing;

Non-compliance with controls;

Noise from lift;

Impacts of Solar panels;

Bulk, view impacts;

Privacy impacts;

Visibility from public way;

Privacy impacts from lift;

Errors on survey, and documentation;

Works in bushfire zone;

Stormwater impacts;

Works within environmental protection zone; and

Impacts during construction onto driveway and access.

 

The above concerns have been addressed in the report and the proposal is considered to be acceptable subject to the recommended conditions.

 

The Clause 4.6 variation requests are well founded and supported in this instance as they do not result in adverse amenity impacts to neighbours or significantly increase the building envelope.

Overall the proposal would be a reasonable development and it is therefore recommended for approval subject to draft conditions of consent designed to minimise physical amenity impacts.

 

SITE

 

The site is legally known as Lot 142 in Deposited Plan 577554 and has an area of approximately 629.3 sqm. The site is located on the eastern side of Upper Cliff Road and opposite the intersection with Private Road. The site is the rear property in battle axe lot. The site has a steep drop (natural ground level RL drops by greater than 20m) from the western boundary at Upper Cliff Road to the eastern boundary at Gore Creek Reserve.

 

The site is irregular in shape and has a narrow street frontage width of approximately 3m which accommodates vehicle entry. The driveway extends approximately 25m into the block eastward. The remainder of the site increases in width to approximately 17m and accommodates the dwelling house and rear yard.

 

North of the site is the rear yard of 38 Upper Cliff Road, south of the site is the rear yard of 42 Upper Cliff Road, east of the site adjoins Gore Creek Reserve, and west of the site is 40 Upper Cliff Road.

 

The site contains a 4-storey heritage listed contemporary dwelling. The dwelling is a late 20th Century modern house. The dwelling is semi-circular in form, resting on a nine-column flat roof and rectangular base.

 

Entry to the building is on the upper level (4th floor). The three floors below follow the steep contours of the vertical cliff wall which drops sharply by greater than 8m below. Refer to figure 7 later in this report.

 

Figure 1: Location plan. Subject site in yellow.                        Figure 2: Northeast elevation (rear).

 

 

Figure 3: Site. (Environmental protection layer shown as green hashed area)

 

Figure 4: Upper Cliff Road frontage. Driveway to 40A.       Figure 5: East elevation from rear of site.

Figure 6: Building entrance at bottom of driveway. Yellow indicates replacement canopy.

 

PREVIOUS APPROVALS/HISTORY

 

On 14 April 2004 an application for alterations and additions to the existing dwelling and the construction of a lift and a deck was approved by Council. (Ref: D2003/829).

 

On 25 August 2005 an application for the construction of an elevated concrete swimming pool was refused by Council for the following reasons:

 

·    Inconsistent with clause 11 of Lane Cove LEP 1987;

·    Contradictory with aims and objectives of SEPP 19; and

·    Contrary to clause of DCP No. 1.

 

PROPOSAL

 

The proposal involves the following works to an existing 4-storey dwelling house.

 

Top Level (third floor)

·    Removal of entrance semi-circular canopy and replace with new rectangular canopy;

·    Replacement of curved Perspex roof with new curved glass to same dimensions and location;

·    Solar panels to roof of dwelling house and carport;

·    Removal of infill wall and window adjacent to existing void area over dining room and reinstate opening with balustrade and shutters to be operable;

·    Removal of section of southern wall to provide access to lift at this level;

 

Living Area Level (second floor)

·    New opening and landing for access to the proposed lift;

 

Bedrooms Level (first floor)

·    New curved external wall to main ensuite and bathroom fit out;

·    New opening to south wall and landing platform for access to the proposed lift;

 

Lower Level (ground floor)

·    Removal of non-structural walls and doors to reconfigure lower levels;

·    New raised platform landing to bottom of stair;

·    Internal fit out to accommodate cellar, bar and bathroom;

·    External composite decking wrapped around eastern building elevation with stairs down to garden level;

·    Replacement of existing windows with sliding doors to access composite deck off living room and bedroom;

·    New opening to south wall and landing platform for access to the proposed lift;

·    External 5000L rainwater tank adjacent to storage room; and

·    Landscaping including with garden paths, entrances, garden seat and pergolas.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 Low Density                                 Site Area:                               629.3m²

 


 

 

 

 

 

Existing

Proposed

Control

Complies

Floor Space Ratio

 

 

0.57:1

 

 

Additional 8.56sqm of GFA

 

Proposed 0.58:1

0.5:1

No

 

(Refer to Clause 4.6 section)

Height of Buildings

 

 

13.7m

 

 

Lift shaft 12.3m

 

Replacement canopy 10.7m

9.5m

No

 

(Refer to Clause 4.6 section)

 

Clause 5.10 Heritage Conservation

 

The objectives of this clause include:

 

(a)  To conserve the environmental heritage of Lane Cove,

(b)  To conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c)  To conserve archeological sites,

(d)  To conserve Aboriginal objects and Aboriginal places of heritage significance.

 

It is noted that the original architect Furio Valich who designed the heritage listed building is engaged as the architect for the proposed modifications. The proposed works propose small scale additions to the building. These include the lift, which is on the southern side, the steel canopy over the entry and low scale decks and hard landscaping on the ground floor level. The proposal would remove non-original, unsympathetic elements and materials including Perspex and rectangular canopy.

 

The proposal includes a Heritage Impact Statement (HIS) which assesses the heritage impacts of the proposal and states:

·    that the proposed lift addition is sympathetic due to its minimalist design and would be constructed of contemporary glass and steel in keeping with the finishes of the house. It would also retain the original layout as it is located externally rather than internally;

·    works to the lower ground floor, including the composite decking, are considered minor and are not visible from the street.  The changes would be readily visible from neighboring houses;

·    The removal of the Perspex roofing and canopy is supported as they are non-original and unsympathetic to the heritage fabric.

·    The solar panels on the curved section of the roof of the main building and the garage would be visible from the rears of adjoining properties but would not be visible from significant public vista views, and are considered minor.

 

In summary the Heritage Impact Statement concludes that the scope of works are acceptable and sympathetic to the significant elements of the Heritage Item. The significant fabric of the item would not be compromised because of the proposed works.  It is noted Please refer to Attachment 2.

 

The proposal has been reviewed by Council’s Heritage Consultant who raised no objections.

The design is in accordance with the DCP, it is sympathetic with the original building, it reconstructs missing and original elements such as curved glass elements and the expressed steel structure. It is also compatible in terms of bulk, height and scale. Please refer to Attachment 3.

 

Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

No change to front setback. The battleaxe lot setback over 30m from Upper Cliff Road frontage.

Consistent with area or 7.5m

Yes

Side setback (min)

The proposed lift would be setback approximately 1.008m from the side boundary with 42 Upper Cliff Road.

1200mm single-storey

 

1500mm two-storey

No 

 

But supported in this instance

 

 

(Refer to variations to Council’s codes section)

Rear setback (min)

No change to rear setback. Lift shaft would not exceed existing rear building line.

 

As per the DCP the rear composite deck is a terrace which is permitted in a rear setback area. 

<1000m²: 8m or 25%

 

>1000m²: 10m or 35%

Yes

 

(no change to setback)

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

Lift shaft would have a wall height of 12.64m but less than existing wall height of 13.7m

7.0m

No

 

But supported in this instance

 

 

(Refer to variations to Council’s codes section)

Maximum Ridge height

No change to existing ridge height which is 13.7m

 

9.5m

No

 

But supported in this instance

 

(Refer to variations to Council’s codes section)

Number of Storeys (max)

No change to number of storeys.

 

Existing 4-storeys

2

No change

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

 

39%

 

35%

 

Yes

Foreshore Building Line (min)

N/A

 

Site is approx. 490m from mean high water mark of Woodford Bay and approx. 400m from Gore Creek intersection with Lane Cove River.

Relates to sites within 30m from mean high water mark of Sydney Harbour, Parramatta River and Lane Cove River.

N/A

Cut and Fill (max)

Proposed retaining walls to create walking paths on steep slope would be less than 1m of excavation (cut).

1m

Yes

Solar Access

Proposed lift shaft is approximately 1m below existing building height. It is orientated to the south adjacent to the rear boundary fence of 42 Upper Cliff Road and bushland of Gore Creek Reserve.

 

At 9am minor additional shadows onto less than 1sqm of the pool of 40 Upper Cliff Road. No shadows on habitable windows and the majority of outdoor recreational area of 40 Upper Cliff Road is not affected.

 

At 12 noon. Small amount of additional shadow on driveway of subject site and to bush regeneration rear yard area of 42 Upper Cliff Road. No shadows on habitable windows and primary recreational area of either site.

 

At 3pm

No shadow impacts. 

3 hrs to north-facing windows

Yes

Provide for view sharing

The works are to the rear of a battleaxe site and would not be visible from the public way.

 

The site is not subject to iconic or significant water views. Due to tree canopy the site is also not subject to significant district views. The solar panels and lift shaft would not significantly add to the building envelope not impact on views to bushland enjoyed by the neighbours.

Retain existing public view corridors between buildings from public spaces.

 

Minimise impacts of new development on existing private views and vistas

Yes

Heritage Conservation

A Heritage Impact Statement (HIS) was submitted.

 

All works were considered acceptable by Councils external Heritage Architect who deemed the works acceptable.

 

Ensure that new additions to heritage buildings are appropriate to the scale of the heritage item.

 

Yes

Deck/Balcony depth (max)

The composite deck has a maximum deck width of 3m.

Over 30m from windows of neighbouring properties. No amenity impacts.

3m

Yes

Private open space

Deck is over 24sqm in area. Previously no outdoor space off main living area. 3m in depth but an improvement to existing private open space.

24 m² (min)

 

4m minimum depth

Yes

Basix

Submitted

Required

Yes

Access and Mobility

 

Although the access provisions do not apply to class 1a buildings. The proposal is assessed against clause 3.4 of the Part F Access and Mobility for heritage buildings

The proposed lift is external and does not interrupt the original floor layout of the heritage item.  As per the submitted Heritage Impact Statement (HIS), the lift would not detract from the heritage significance.

A balance is reached between the issues providing access and retaining heritage significance.

Yes

 

Part H – Bushland Protection - 5.2 Buffer Area

 

5.2.1. In residential Areas

Proposed

Control

Complies

Impacts on bushland

Revised landscaping plan would not have adverse impacts on Gore Creek Reserve subject to recommended draft conditions.

(b) All work should have minimal to no adverse impact on bushland

 

Yes

Prohibited in buffer zone

No prohibited structures proposed in buffer zone.

(c) Buildings, including swimming pools and enclosed garden rooms, are not permitted within this area.

Yes

 

Permitted in buffer zone

Works proposed in buffer include, cantilevered composite decking, retaining walls and permeable crushed sandstone paths, all these elements are potentially permissible in the buffer area.

This are can be used for structures and/or works such as:

·    Paved areas, decking, lawn areas and garden beds,

·    Stormwater detention/absorption pits and associated landscaping,

·    Temporary storage of buildings materials, and

·    Bushfire fuel breaks

Yes

 

A condition is recommended as part of the revised landscaping plan requiring all works involving hard surfaces not to exceed 25% of the total buffer area. (this would include, the composite decking, retaining walls and steps).

The buffer area (yard east of the building) is approximately 166.935 sqm. 25% of this is approximately 41.73sqm

(d) Paving and decking is not to exceed 25% of this area and should be permeable.

Yes

 

The condition requiring the revised landscaping plan has been recommended requiring excavation and ground penetration to be minimised as much as possible in a revised landscaping design.

Any ground penetrations would be hand-dug, incorporate root mapping to protect trees in proximity.

 

(e)Excavation must be kept to a minimum and must not impact upon trees or bushland

 

Yes

 

The dwelling on the site was constructed in 1978 and is a heritage listed building. Part of the existing building encroaches into the setback control which was introduced in the 2010 DCP. The building is setback between 6m and 11m from the irregular rear boundary line.

The proposed landscaping and deck would further encroach this area.

(f)The size of the area will depend on site area but a minimum depth of 10m should be taken as a guide.

 

No

 

But considered acceptable in this instance

 

(Refer to variations to Council’s codes section)

 

 

A condition is recommended requiring the landscaping design to be amended to minimise its encroachment into the buffer area. The more sensitive design with greater setbacks from the boundaries would  ensure less disturbance to the adjoining bushland.

All landscaping works would be required to be:

- setback 2.5m from any tree;

- setback 2.5m from any property boundary;

- Any ground penetrations for landscaping would be hand-dug and incorporate root mapping;

(g)Where there is insufficient space for a buffer due to the orientation, size or location of the site, then the applicant must show how the adjacent bushland can be adequately protected according to the aims and objectives of this plan.

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

ASSESSMENT: ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

 

Section 4.15(1)(a)(i) Any environmental planning instrument

 

1. Lane Cove Local Environmental Plan 2009

 

General

 

In relation to the LEP the proposal:-

·    is permissible in the R2 zone with consent;

·    generally satisfies the relevant objectives of the R2 zone.

 

 (1) Pursuant to Subclause 4.6(4)(a)(ii), the Objectives of the Zone

 

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

·    the dwelling house is maintained and therefore provides for the housing needs of the community within a low-density residential environment;

·    The proposal would improve the internal access residential amenity of the subject site. The inclusion of a passenger lift to access all 4 levels of the dwelling, would ensure the residents can continue to live at the dwelling house. The proposed rectangular canopy awning would be approximately 1sqm larger than the existing semi-circular canopy awning and would not be visible from the street frontage.  The proposal would retain the amenity of adjoining residential properties on either side of the site; the works are generally limited to the rear of a battleaxe site. The lift would be located approximately 24m from the neighbour at 42 Upper Cliff Road and be separated by the existing building from the neighbour at 40 Upper Cliff Road.

·    the proposed lift would be located towards to the south of the site adjacent to canopy trees and orientated towards the rear. The lift shaft would not be visible from the Upper Cliff Road frontage; and

·    The proposal would have negligible impacts on the existing landscaping on site. Over 39% of the site area would be retained as soft landscaping;  

 

Clause 4.3 Height of buildings

 

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

 

The maximum height of the development is 12.64m (variation of 33%) yet remains lower than the existing dwelling. The applicant has provided Clause 4.6 written justification to provide evidence how the breach achieves a better planning outcome.  Refer to attachment 1.

 

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 existing building has total height of 13.7m. By virtue of the 20 metres slope from west to east and the maturity of the trees on the bushland, the existing construction is not highly visible from the street or the surrounding areas.

 

The construction is perceived as a single level dwelling if viewed from the lower part of the driveway, the proposed solar panels are of minimal impact on top of the building and would not be visible from the street.  The solar panels would have a positive impact to the dwelling reducing the energy consumption therefore making the house more sustainable with lower impact to the environment. The proposed lift would be tucked away on the south side of the dwelling and below the highest point of the roof. All other works would be to the lower ground level and would have no impact on the existing building height.

 

To comply with the control, significant demolition of the existing buildings on the site would be necessary, changing the character of the building. This is clearly an unreasonable imposition considering that the dwelling is heritage listed by Lane Cove Council.

As documented, the proposed works would not change the existing dwelling height. The proposed lift shaft is 1.06m below the existing upper most roof level.

The proposed lift shaft would not be visible from the street and would have little impact on the bulk and scale of the dwelling as viewed from the either street or adjoining properties.

The proposed lift shaft would not diminish the amenity of the adjoining properties.

The proposed location of the lift shaft would result in minimal overshadowing of the open space of the adjoining property at 42 Upper Cliff Road, which has significant shadowing from large trees.

The proposed lift installation is required to allow the occupants to age in place, rather than having to  relocate as a result of aging.

Pursuant to Subclause 4.6(3)(a) Is compliance with the standard unreasonable or unnecessary?

 

The applicant relies in part on improving the overall amenity of the dwelling house by the installation of the passenger lift (and associated lift shaft).  The applicant states that the development would improve the long-term livability of the site as the owners would not be required to walk up and down 4 sets of stairs from the vehicle level entry to the rear yard. The applicant also better considers the topographical characteristics of the site.  The proposed lift shaft is significantly lower in height than the existing building and would not be readily discernible from neighbouring properties. The canopy over the entry door would not result in a significant visual change to the existing building. The above justification is a consistent and a reasonable approach given the unique location, topography and heritage significance of the site. The variation is supported in this instance for reasons stated above. Refer to figure 7 below for measurement of height variation.

 

Figure 7: South elevation showing existing building, lift shaft and canopy above height control.

 

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 additional shadow impacts of the proposal are minor on surrounding dwellings and the public domain. The submitted shadow diagrams show only a small amount of additional shadow at 9am to less than 1sqm of both the patio and swimming pool of 42 Upper Cliff Road, and a small amount of shadow onto the bush regeneration area of 42 Upper Cliff Road at 12 noon. Habitable windows and primary living areas of both neighbours would not be affected by the proposal.

 

(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 southern and western faces of the proposed lift shaft would be finished with opaque material to prevent views to the neighbouring dwelling house (located approx. 24m away) and lawn/ recreational section of the rear yard of 42 Upper Cliff Road.

 

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

 

The proposal would not have any significant impact on the sunlight potential to the public domain. The area of Gore Creek Reserve directly adjacent to the site is already heavily shadowed by tree canopy and is mainly accessible by bush volunteers via access through the private properties. 

 

      (d)  to relate development to topography.

 

The site has a significant slope from west to east.  The existing building responds to the dramatic change in existing natural ground levels. The lift would allow users to easily navigate all levels of the existing building. The proposal 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?

 

Yes. The proposed variation is supported as the submitted Clause 4.6 written justification 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?

 

Yes. 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 low-density residential environment.

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

•           To retain, and where appropriate improve, the existing residential amenity of a detached single family dwelling area.

•           To encourage new dwelling houses or extensions of existing dwelling houses that are not highly visible when viewed from the Lane Cove River or Parramatta River.

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

 

Is the exception well founded?

 

Yes. The proposal is considered to be consistent with the objective of the height development standard as the proposed lift shaft and canopy do not inhibit solar access to neighbours or the public reserve, would not result in adverse privacy impacts to neighbours, and relates to the topography of the locality. The proposed lift shaft is lower in height than the existing building and improves the amenity for the owners without adversely affected the amenity of neighbours, and as such, the exception is considered to be well founded in this context.

 

Council has considered the request for a variation to the height development standard under Clause 4.6 of LCLEP 2009. Strict compliance with the height standard is considered to be unreasonable and necessary in the circumstances of the case. It would hinder the long-term usability of the site for the owners into older age. Strict compliance with the 9.5m height control would restrict the lift shaft from able to access the top level of the dwelling house. On balance, the proposed development is satisfactory, and the request for variation is considered to be well founded and supported.

 

Solar panels:

 

Building height:

 

(a)  in relation to the height of a building in metres – the vertical distance from the ground level (existing) 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.

 

The proposed solar panels would be excluded from the height assessment for the following reasons:

 

·    Although not explicitly listed, solar panels are similar to other excluded roof add-on infrastructure such as antennae, satellite dishes, or flues which are exempt; and

·    The proposed solar panels would result in less bulk than other excluded roof top infrastructure such as chimneys, flagpoles, masts etc.

 

Clause 4.4 Floor Space Ratio

 

Floor Space Ratio (FSR) 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 0.5:1 for any building on the subject development site.

 

The maximum floor space ratio (FSR) of the proposed development is 0.58:1 (variation of 16%). The applicant has provided Clause 4.6 written justification to provide evidence how the breach achieves a better planning outcome.

 

The applicant had provided the following justification/s:

 

In assessing the environmental impact of the non-compliant FSR, this has mostly been generated from the existing condition as the original residence was design and built in the late 1970’s.  Therefore was prior to many of Councils current controls. The additional area comes from a small extension. It is considered that the area will improve sunlight access to the internal spaces and would not be visible from the neighbouring properties. The additional floor space would be built within the foot print on the existing deck. The master bedroom ensuite would have a minor extension of 4.08sqm and would accommodate a new freestanding bath and a circular wall that would fit with the existing heritage building design.

 

The lower level would have a similar extension to the bathroom and would accommodate shower and bath. No environmental impact is anticipated, the proposal provides a suitable extension and would suit the family lifestyle and requirements. The updated amenities are of a contemporary design and would tie with the existing construction style. The additional floor area is not visible from adjoining properties and therefore would have no impact on overshadowing or overlooking.

 

 

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

 

The applicant partially justifies the variance based on the fact that the additional floor space is minor and limited to lower floors of the building. The additional FSR would not be visible from the public way or neighbouring properties. The additional FSR would be within the existing building envelope. The above justification is considered to be a consistent and reasonable approach given the unique location, topography and heritage significance of the site. The variation is supported in this instance.

 

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 the development is compatible with the character of the locality.

 

The part of the development which propose additional FSR would be set back from the edges of the building and contained within the approved building envelope. Refer to figures 8 and 9 below.

Figure 8: Additional FSR at ground floor. Set back from edge of building.

Figure 9: Additional FSR at first floor. Set back from edge of building.

 

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

 

Yes. Despite the non-compliance with the maximum FSR for the site, the proposal remains consistent with the objectives of the zone and has demonstrated the following:

 

·   the existing FSR non-compliance is a result of the architecture and topography of the site, the additional GFA promotes an appropriate density, when considered in context, noting the minor increase in floor space for part of the site;

·   the variation to the FSR development standard for the proposal does not contribute to the building being of an unreasonable bulk and scale;

·   the total additional GFA would be minor 5.68 sqm and is limited to the lower ground floor and the ground floor;

·   the additional GFA would be located within the existing building envelop of the heritage listed dwelling house;

·   the proposal would not result in any additional adverse amenity impact on neighbouring properties with respect to solar access or privacy.

 

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?

 

The proposal is considered to be consistent with the objective of the FSR development standard as the bulk and scale of the development heritage-listed dwelling house would not change. It is therefore in keeping with the desired and prevailing character of development in the Northwood locality. The additional GFA proposed is minor and limited to the existing building envelope. As such, the exception is considered to be well founded in this context.

 

REFERRALS

 

Development Engineer

 

No objections subject to recommended draft conditions.

 

Bushland Officer

 

No objections subject to recommended draft conditions.

 

Landscaping/Open space

 

No objections subject to the submission of a revised landscaping plan and other recommended draft conditions.

 

Heritage

 

The proposal was reviewed by Council’s external Heritage Consultant who raised no objections. Refer to attachment 3.

 

Rural Fire Service

 

The New South Wales Rural Fire Service (NSW RFS) considered the information submitted and raised no objections subject to recommended draft conditions relating to, Asset Protection Zones (APZ), water and utilities, design and construction.

 

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

 

The proposal is permissible, although the proposal would not comply with the development standards for Floor Space Ratio and height, the submitted Clause 4.6 variation sufficiently justifies the non-compliances. The proposal would not result in adverse amenity, heritage or environmental impacts. Therefore the proposal does not raise any issues in regard to the Lane Cove Local Environmental Plan 2009.

 

Other Planning Instruments

 

SEPP 55 Remediation of Land

 

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

 

APPLICABLE REGULATIONS

 

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

 

 

 

 

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

 

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

 

Section 1.3.2 Side setbacks

 

The DCP Side setbacks are to be a minimum of 1.2m for single-storey dwelling and 1.5m for a 2-storey dwelling.

 

The proposed lift shaft would be setback approximately 1.008m from all levels of the southern side property boundary with 42 Upper Cliff Road and does not comply.

 

The ground floor of the lift shaft encroaches the setback by 19.2cm.

The 1st, 2nd and 3rd levels of the lift shaft encroaches the setback by 49.2cm.

 

The non-compliances are considered acceptable in this instance based on the following:

 

·    The lift shaft would be located approximately 24m from the rear balcony of 42 Upper Cliff Road, and over 10m from the lawn/ recreational area directly adjacent to the dwelling house;

·    The lift motor and hydraulics pump would be relocated away from the common boundary with 42 Upper Cliff Road and under the existing stair enclosure in an acoustically treated enclosure ensuring no adverse acoustic impacts;

·    The lift would be of modern design and comply with AS standards for noise emissions. It is not anticipated to result in adverse acoustic impacts on neighbours;

·    The non-compliance would comply with the relevant objectives of the setback control, being that the lift is proposed to be constructed on an existing slab and would not result in removal of any vegetation or landscaping therefore maintaining the existing vegetation corridor at the side boundary, and would result in adequate setback to provide reasonable building separation, sunlight, landscaping ventilation and for the dwelling and its neighbours;

·    The proposed lift shaft would not result in adverse overshadowing impacts onto neighboring properties and complies with the solar access controls;

·    The proposal meets the minimum 900mm setback requirements in accordance with the Building Code of Australia;

·    All levels of the southern elevation of the lift shaft (including landing area) would be finished with obscure ‘cemintel’ panels which would prevent direct overlooking onto the majority of the bush-regeneration section of 42 Upper Cliff Road’s yard. The original design was also amended to require all glazing on the western elevation of the lift shaft to be finished with obscure glazing to ensure no potential overlooking into the lawn/recreational garden area of 42 Upper Cliff Road directly adjacent to the dwelling. Views to this area are also obscured by existing vegetation.

 

Section 1.7.1 Height (a) wall height and (d) roof ridge height

 

The DCP requires the maximum wall height to the underside of the eaves for any floor above ground level (existing) is 7.0m to minimise the bulk and massing.

 

The DCP requires the maximum ridge height for a pitched roof house is 9.5m above ground level (existing)

 

The existing building exceeds the height controls at 13.7m. The proposed lift shaft would also exceed the wall height controls at 12.64m.

 

The non-compliances with the height controls are considered acceptable in this instance based on the following:

 

·    The lift shaft would not be visible from the street frontage, and would be partially obscured by vegetation when viewed from the dwelling house at 42 Upper Cliff Road;

·    The height of the lift shaft would be 1.06 metres below the RL of the existing dwelling roof;

·    There would be no adverse privacy impacts on the neighbors or surrounding properties;

·    The non-compliance with the height control, would not result in significant overshadowing impacts to neighbours or the public domain;

·    The site is heritage listed and is considered to be of significant architectural value. The proposed lift addition would allow the functionality and mobility for users as they age within the dwelling.

 

Section 5.2. 1 (f) Buffer Area in Residential areas

 

The size of the (buffer) area would depend on site area but a minimum depth of 10m should be taken as a guide. This area may increase if shallow bedrock occurs and/or the establishment of any works defined under part (c) of this section cannot be achieved.

 

The rear part of the existing house encroaches into the 10m buffer zone. The heritage listed building was constructed in 1978, before the current controls came into effect.

 

Almost the entire rear yard east of the site encroaches the 10m buffer. The rear of the site is characterised by a significant slope and is subject to erosion. It is largely inaccessible for inhabitants, and therefore opportunities to undertake bush regeneration and improve the area adjacent to the bushland are limited.

 

Council’s Bushland Officer and Open Space/Landscaping Officer visited the site. As a result of the inspection it was recommended that some landscaping works within the buffer area can be accommodated in this instance without compromising the integrity of the adjoining bushland. 

 

Sensitive landscaping that permits limited access down the steep slope would facilitate ongoing maintenance of the rear yard.

 

A revised landscaping design which would encroach into the 10m buffer setback is considered acceptable in this instance based on the following:

 

·    The revised landscaping plan is to be submitted and approved by Council prior to the issue of a Construction Certificate.

·    The composite timber decking is recommended to be revised so that it is cantilevered off the existing building with no structural penetrations into the Environmental Protection Zone and bushland buffer.

·    The works in the revised landscaping plan are to comply with the remaining objectives of section 5.2.1 Buffer Area – in residential areas.

·    A maximum of 25% of the buffer permitted is hard surfaces – (this would include, the composite decking, retaining walls and steps).

 

If the proposal is to be supported, all landscaping works would be required to be sufficiently set back from the easement, property boundaries, and trees on the site. Any paths should be constructed with crushed sandstone which would be sympathetic to adjoining bushland and permeable.

 

Further draft conditions are also recommended including:

 

·    Native plants are to be installed and used as screening to provide a buffer to absorb light and noise pollution. Consultation with representatives from Council’s Backyard Habitat program; and

·    In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Coordinator of Bushland must be notified immediately.

 

Although encroaching within the EPZ, the revised landscaping plan with increased setbacks from the neighboring bushland would result in minimal disturbance and is considered acceptable in this instance. The sensitive landscaping and engagement with the Backyard Habitat Program would help the applicant gain greater to access the rear yard of the site, and improve opportunities for bush regeneration, maintenance and to the area adjacent to the bushland reserve.

 

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

 

As a result of the notification period two (2) submissions were received. One (1) submission from the neighbour to the north west at 40 Upper Cliff Road and the other from the neighbour to the south west at 42 Upper Cliff Road. A summary of the concerns raised are listed below. 

 

40 Upper Cliff Road.

 

1.   Concerns in relation to proposed solar panels on garage roof. Concerns in relation to the visual impact of the solar panels when viewed from backyard, pool, and dwelling.

 

Comment:

 

The solar panels would be visible from the neighboring property but are considered acceptable in this instance based on the following.

 

·    The original proposal located the panels a minimum of 40cm from the property boundary. The proposal was modified, and 2 panels were deleted. The revised layout panel would result in a minimum setback of 1.2m from the property boundary;

·    The revised design would ensure only minor shadow impacts to pool and the pool deck at 9am on June 21st; as demonstrated in the shadow diagrams;

·    The panels would be orientated to ensure no glare to neighbours;

·    There would be no view loss (skyline or to Gore Creek Reserve) as a result of the panels.  They panels would project between 15cm to a maximum of 75cm from the roof line. They would be generally lower in height than the vegetation and the dwelling house behind;

·    Council encourages the use of renewable energy including solar panels as they are is consistent with the sustainability initiatives and ‘Energy Conservation in Lane Cove Program’; and

·    Councils planning controls do not prohibit solar panels.

 

Figure 10. West elevation viewed from 40 Upper Cliff Road.

               Figure 11. Garage roof viewed from 1st floor deck of 40 Upper Cliff. Envelope of solar panels.

 

2.   Concerns that proposed landscaping elements would encroach and affect the sewage easement and boundary trap.

 

Comment: A draft condition requiring a revised landscaping plan to ensure no encroachment into the easement is recommended. The revised design would setback all landscaping elements a minimum of 2.5m from the easement (with the exception of the composite deck which would be cantilevered from the building but would still not encroach the easement). The revised design would be clear from encroachment from the sewerage pipe and boundary trap.

 

3.   Concerns that planned landscaping works within the Environmental Protection Zone would be detrimental to adjoining bushland.

 

Comment:  A modified landscaping plan is required to be submitted and approved by Council prior to the issue of a Construction Certificate. The revised landscaping plan:

 

·    setback a minimum of 2.5m from tree trunks, property boundary, from the easement,

·    penetration into the ground should be minimised as much as possible. The post hole footings should not be in conflict with any tree roots.

·    Any ground penetrations for landscaping would be hand-dug and incorporate root mapping.

·    Council’s Backyard Habitat Program officer has begun preliminary discussions with the applicant. A further draft condition has been included in the consent to further engage with the Backyard habitat program to get advice on native planting and weed control techniques. Refer to draft condition (39).

 

Although encroaching within the EPZ, the revised landscaping plan with increased setbacks from the neighboring bushland would result in minimal disturbance and is considered acceptable in this instance. The sensitive landscaping and engagement with the Backyard Habitat Program would ensure the applicant greater ability to access the rear yard of the site. Better access would improve opportunities for bush regeneration, maintenance and improve the biodiversity adjacent to the bushland reserve.

 

4.   Concerns that work vehicles would be a safety risk on the shared driveway. Request that a structural engineers report be submitted that the dimensions and weight bearing of the driveway can accommodate heavy/wide vehicles.

 

Comment: A structural engineers report for the existing driveway is not considered necessary in this instance. 

 

42 Upper Cliff Road

 

1.   Concerns with the position of the lift shaft relating to privacy overlooking impacts.

 

Comment: The proposed lift and lift shaft is considered acceptable from a visual and acoustic privacy perspective for the following reasons.

 

·    The proposed lift shaft complies with the DCP control which requires additions to be designed and orientated so that windows are not situated opposite windows of habitable rooms of adjoining dwellings unless privacy can be addressed.

 

·    The lift shaft would be located approximately:

 

26m from habitable windows of the dwelling 42 Upper Cliff Road;

24m from the rear balcony of 42 Upper Cliff Road; and

10m from the lawn/ recreational area directly adjacent to the 42 Upper Cliff Road.

 

·    The separation distances meet the AMCORD requirements which require a minimum separation from habitable room to habitable room of 9m to require privacy treatments to windows.

·    The lift would be of modern design and comply with AS standards for noise emissions. It is not anticipated to result in adverse acoustic impacts on neighbours;

·    In addition, the original design was amended to require all levels of glazing on the western elevation of the lift shaft to be finished with obscure glazing to ensure no potential overlooking into the rear lawn/recreational garden area of 42 Upper Cliff Road directly adjacent to the dwelling house;

·    All levels of the southern elevation of the lift shaft (including landing area) would be proposed to be finished with obscure ‘cemintel’ panels which would prevent overlooking onto the bush-regeneration section of 42 Upper Cliff Road’s yard;

·    One existing 1st floor window would also be reduced in width from 1.8m to 1.2m to reduce existing overlooking impacts.

 

2.   Concerns related to shadows impacts from lift shaft.

 

Comment: The proposal complies with the solar access controls which require additions to give reasonable sunlight to the habitable rooms and recreational areas of the subject site and adjoining premises between 9am and 3pm on June 21st.

 

·    No shadows would fall upon the habitable windows of 42 Upper Cliff Road or primary recreational areas (outdoor deck and rear lawn yard directly adjacent to dwelling house);

·    At 9.00am, a small amount of additional shadow falls on the rear yard of the 42 Upper Cliff in the area where the rock wall drops from the lawn/ garden area to the bush regeneration area;

·    additional shadows would partially fall within existing shadows cast by canopy trees in proximity;

·    No shadows fall on 42 Upper Cliff Road at 9am and 3pm on June 21st; and

·    The lift shaft is 1.06m lower than the existing building which minimises its shadow impacts.

 

3.   Concerns relating to heat generated from lift and impacts on trees and plants.

 

Comment: The lift shaft would not result in significant heat generation compared to the existing building or surrounding vegetation. The lift shaft would be located on an existing hard paved area and would not result in reduced of soft landscaping. The majority of the lift shaft would sit below the existing tree canopy therefore would receive only filtered sunlight and not significantly contribute to thermal mass to the site.

 

4.   Concerns about existing outlet fan located below driveway.

 

Comment: The existing fan is not part of the subject DA is not considered as part of the assessment.

 

5.   Concerns from light spillage from existing lights on driveway.

 

Comment: The lights are an existing structure and do not form part of the subject DA.

 

6.   Concerns about removal of a tree when the elevated battleaxe driveway was approved.

 

Comment: The removal of a Coral tree 15 years ago is not relevant to the subject DA. It is noted that Coral trees are an exempt species for removal in the Lane Cove LGA.

 

7.   Concerns of traffic impact of the existing car parking on the site

 

Comment: The existing car parking on site complies and does not form a part of the subject DA.

 

8.   Concerns with privacy impacts from rear composite deck.

 

Comment:  The proposed deck is considered acceptable in this instance based on the following:

 

·    The proposed composite deck would meet the dimensional requirements of the DCP. The maximum depth of the deck is 3m;

·    The deck would be located over 30m from the dwelling house at 42 Upper Cliff Road. There would be no direct sightline views between the dwelling house of 42 Upper Cliff Road and the deck would be located at lower ground level which is 3 storeys below the rock wall and lawn/garden are of 42 Upper Cliff Road; and

·    The only portion of the 42 Upper Cliff Road which would be visible from the deck would be the lower level bush regeneration area adjacent to the rear boundary. This is not considered to be a primary recreation area such as a deck off a main living room and therefore not subject to the same level of privacy protection enforced in the DCP.

 

9.   Concerns relating to past damage to sewer line of 42 Upper Cliff Road in the past.

 

Comment: All works are proposed within the subject property.  Conditions are included to ensure all demolition within the subject site.

 

10. Concerns relating to the existing site and proposed works being with the flame zone, concerns with bushfire report.

 

Comment: The proposal included a Bushfire Assessment Report which was referred to the Rural Fire Service (RFS) as part of an external referral. Although reliant on alternate solutions, the report concluded that the proposal can comply with the relevant standards with Planning for Bushfire Protection 2006 as required under Section 4.14 of the EP & A Act 1979. The RFS considered the works acceptable subject to recommended conditions which have been included in the consent relating to APZs, Access, design and construction, water and utilities. On the site inspection it was ascertained that the hydrant referenced in the Bushfire Report was in fact a sewerage vent.

 

This matter of the sewerage vent was discussed over the phone with the RFS officer, who advised: An articulated water supply (5000L water tank) is proposed on site. Therefore, the site does not need to rely on any nearby hydrant in a fire emergency situation as they would have sufficient water supply storage on site.

 

11. Concerns about visual impacts of the proposed solar panels.

 

Comment: The solar panels would be visible from the neighboring property but are considered acceptable in this instance. The solar panels would have a significant separation distance from 42 Upper Cliff Road and would not compromise views to the Gore Creek Reserve. The panels would be orientated to not result in glare to neighbours. Solar panels are encouraged by Council as a contribute to overall sustainability goals.  Refer to comments regarding solar panel concerns of 40 Upper Cliff Road.

Figure 12. Roof viewed from 1st floor deck of 42 Upper Cliff. Approx. indicative envelope of solar panels.

 

12. Concerns about landscaping works within the Environmental Protection Area.

 

Comment: Some landscaping works within the buffer area can be accommodated in this instance without compromising the integrity of the adjoining bushland.  A modified landscaping plan is required to be submitted and approved by Council prior to the issue of a Construction Certificate. The revised landscaping plan:

 

·    setback a minimum of 2.5m from tree trunks, property boundary, from the easement,

·    penetration into the ground should be minimised as much as possible. The post hole footings should not be in conflict with any tree roots.

·    Any ground penetrations for landscaping would be hand-dug and incorporate root mapping.

·    Council’s Backyard Habitat Program officer has begun preliminary discussions with the applicant. A further condition has been included in the consent to further engage with the Backyard habitat program to get advice on native planting and weed control techniques. Refer to draft condition (39). For further information refer to section 5.2.1 (f) Buffer Area in Residential areas earlier in this report.

 

13. Concerns that the stormwater impacts and lack of a stormwater dispersal system.

 

Comment: The proposal would not result in a significant increase to impervious surfaces and would not result in significant changes to stormwater. The proposal was reviewed by Council’s stormwater engineer who raised no concerns subject to recommended conditions including:

 

·    Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Part O of Council’s DCP Stormwater Management.

 

14. Concerns with noise impacts/ fire hazard impacts/ hydraulic pump for the lift.

 

Comment: The lift motor and hydraulics pump would be relocated away from the common boundary with 42 Upper Cliff Road and under the existing stair enclosure in an acoustically treated enclosure ensuring no adverse acoustic impact. The pump is for the hydraulics for the lift not a future pool.

 

15. Concerns with alleged errors on the submitted survey. Concerns that errors are made with location of the boundary fences. In particular that the rear boundary fence is incorrectly located and encroaches the Gore Creek Reserve.

 

Comment: The revised landscaping plan ensure that all works would be setback a minimum of 2.5m from the property boundary. The existing boundary fence does not form part of the subject DA. As a separate matter, Council’s compliance officers have been notified to further investigate.

 

16. Concerns that existing electrical conduits and meter box of 40A Upper Cliff Road encroach into the neighbours site at 42 Upper Cliff Road.

 

Comment: The conduits and meter box do not form a part of the subject DA. This is a civil matter between neighbours and not a matter requiring Council involvement.

 

17. Concerns with other errors on the documentation including the SEE stating that the FSR control is 0.4:1 instead of correctly stating 0.5:1. Concerns that glazing on south façade of building does not match what is shown on the existing plans. Concerns that the documentation is not consistent with the DA plans of a previous 2003 approval

 

Comment: The proposed GFA was confirmed in a revised Clause 4.6 Statement and Statement of Environmental Effects based on the correct FSR control of 0.5:1. The changes to the south façade are limited to the new lift shaft, reducing in width of one window on the 1st floor and replacing existing curved perspex panels with curved glass panels. The submitted documentation meets Council’s checklist requirements and was acceptable for Council’s assessment. The documentation on the 2003 approved plans are not considered as part of the subject assessment.

 

18. Concerns that the proposed dwelling is highly visible from multiple locations and lift shaft will increase visibility.

 

Comment: The site is visible from neighbouring properties at 40 and 42 Upper Cliff Road, but is not highly visible from public way (Gore Creek Bush track) or Greenwich Hospital. The extent of the additions is minor in context to the existing building.  Please refer to figure 13 below.

 

                     Figure 13. Site viewed from Greenwich Hospital. Red indicates approx. profile of lift shaft.

 

CONCLUSION

 

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

 

Although the proposal would exceed the Floor Space Ratio and Height controls as required in the Lane Cove Local Environmental Plan 2009, the submitted Clause 4.6 variation statement has satisfactorily addressed and demonstrated that the proposal provide for better planning outcomes, while maintaining amenity objectives to surrounding developments. Despite four minor non-compliances, the proposal generally meets Part C Residential Development Objectives in the Lane Cove Development Control Plan.

 

On balance the proposed development would be reasonable and therefore is recommended for approval.

 

 

RECOMMENDATION

 

That  the Lane Cove Local Planning Panel at its meeting on 10 December 2019, exercising the functions of the Council as Consent Authority pursuant to Clause 4.6 of the Environmental Planning & Assessment Act 1979 approve a variation to the FSR prescribed by Clause 4.4  of the Lane Cove Local Environmental Plan 2009, and approve a variation to the building height prescribed under clause 4.3 of the Lane Cove Local Environmental Plan 2009 as it is satisfied that the applicant’s requests have adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, and the proposed development would be in the public interest because it is consistent with the objectives of that particular standard and the objectives for development within the zone.

 

That pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting on 10 December 2019, exercising the functions of Council as the consent authority, grant consent to Development Application DA19/88 for development on 40A Upper Cliff Road Northwood, subject to the following conditions:

 

General Conditions

 

That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, the Council grants development consent to:

·    Development Application DA19/36

·    For alterations and additions to an existing 4-storey building including lift and rear deck.

·    On 40A Upper Cliff Road Northwood

 

subject to the following conditions:

 

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

 

 

Drawing Number:

Prepared by:

Dated:

DA.1

Issue C

Site analysis and location / site plan

gv architecture

09/09/2019

DA.2.1

Issue C

Ground Floor plan

gv architecture

09/09/2019

DA.2.2

Issue B

First Floor Plan

gv architecture

09/09/2019

DA.2.3

Issue B

Second Floor Plan

gv architecture

09/09/2019

DA.2.4

Issue B

Third Floor Plan

gv architecture

09/09/2019

DA.2.5

Issue B

Roof Plan

gv architecture

09/09/2019

DA.2.7

Issue A

Sediment and Erosion Control

gv architecture

05/07/2019

DA.2.8

Issue A

Stormwater Plan

gv architecture

05/07/2019

DA.3.1

Issue A

Section

gv architecture

05/07/2019

DA.3.2

Issue A

Section

gv architecture

05/07/2019

DA.3.3

Issue A

Section

gv architecture

05/07/2019

DA.4.1

Issue A

North Elevations

gv architecture

05/07/2019

DA.4.2

Issue A

East Elevation

gv architecture

05/07/2019

DA.4.3

Issue B

South Elevation

gv architecture

09/09/2019

DA.4.4

Issue B

West Elevation

gv architecture

09/09/2019

 

2.         The submitted landscaping plans are not approved. A REVISED LANDSCAPING             PLAN must be submitted for approval by Council prior to the approval of a             Construction Certificate.

           

            REQUIREMENTS OF LANDSCAPING PLAN

 

            Any works or landscaping in the rear yard should comply with the following             provisions as per objectives of section 5.2.1 Buffer Area – in residential areas.

A maximum 25% of the buffer area can be hard surfaces – (this would include, the composite decking, retaining walls and steps).

 

            All landscaping works are required to be:

·    setback a minimum of 2.5m from tree trunks;

·    setback a minimum of 2.5m from any property boundary (with the exception of the canter-levered composite deck which would be wholly attached to the building);

·    setback a minimum of 2.5m from the easement (with the exception of the canter levered composite deck which would be wholly attached to the building which may come closer to the easement boundary);

·    Any proposed path should be constructed with crushed sandstone. Penetration into the ground should be minimised as much as possible.

·    The post hole footings should not be in conflict with any tree roots.

·    Any ground penetrations for landscaping would be hand-dug and incorporate root mapping

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

 

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

 

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

 

            Reason: Statutory requirement.

 

5.         (11)  The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.

 

            Reason: Statutory requirement.

 

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

 

            Reason: To ensure public safety.

 

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

 

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

 

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

 

            Reason: To ensure public safety.

 

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

 

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

 

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

 

            Reason: To ensure compliance with the Australian Standards.

 

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

 

            Reason: To protect the surrounding environment.

 

12.       (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

            Reason: To ensure all works are carried out lawfully.

 

General Engineering Conditions

 

13.     (A1) Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

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

 

14.     (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.

 

Reason: To ensure public safety and amenity

 

15.     (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.  This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

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

 

16.                   (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

Reason: To ensure public safety

 

17.     (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land and assets is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

Reason: To maintain Council infrastructure

 

18.     (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

Reason: To protect, maintain and provide utility services

 

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

 

Reason: To protect public infrastructure

 

20.     (A9) Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

Reason: To protect and maintain infrastructure assets

 

21.     (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system of 5,000 Litres as per bushfire assessment report recommendation. 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

 

Engineering conditions to be complied with prior to Construction Certificate

 

22.     (B1) Council Infrastructure Damage Bond: The applicant shall lodge with Council a $3000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Reason: To protect and maintain public infrastructure

 

23.     (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan No: DA.2.8 issue a prepared by gv architecture dated 05-07-19.

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans 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 maintain the stormwater management of the property

 

 

Engineering condition to be complied with prior to commencement of construction

 

24.     (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices shall be maintained during the construction period and replaced when necessary.

 

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

 

Engineering condition to be complied with prior to Occupation Certificate

 

25.     (D6) Certification of Retaining Structures: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures have been carried out in accordance with the relevant Australian Standards and Codes of Practise.

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

 

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

26.     (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

 

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

 

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

 

Rural Fire Services Condition

 

27.       Asset Protection Zones

 

            The intent of measures is to provide sufficient space and maintain reduced fuel

            loads so as to ensure radiant heat levels of buildings are below critical limits and to

            prevent direct flame contact with a building. To achieve this, the following conditions

            shall apply:

 

            (i)         At the commencement of building works, and in perpetuity, the entire property

                        shall be managed as an inner protection area (IPA) as outlined within section

                        4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW

                        Rural Fire Service's document 'Standards for asset protection zones'.

 

28.       Water and Utilities

 

            The intent of measures is to provide adequate services of water for the protection of

            buildings during and after the passage of a bush fire, and to locate gas and

            electricity so as not to contribute to the risk of fire to a building. To achieve this, the

            following conditions shall apply:

 

            (i)         The provision of water, electricity and gas services are to comply with section

                        4.1.3 of 'Planning for Bush Fire Protection 2006'.

 

            (ii)        In recognition that the nearest hydrant is more than a 70m unobstructed path

                        to the dwelling, a 5,000 litre water supply shall be provided on the site in

                        accordance with 'Planning for Bush Fire Protection 2006' and the following:

·    Aboveground tanks shall be constructed of non-combustible material.

·    A 65mm metal storz fitting and ball or gate valve shall be installed in any tank.

·    The gate or ball valve, pipes and tank penetration shall be adequate for full

                                    50mm inner diameter water flow through the Storz fitting and shall be metal                                     rather than plastic.

·    A standard Static Water Supply (SWS) marker shall be obtained from the

                                    District NSW Rural Fire Service as part of the Static Water Supply Program

                                    once the tank water supply has been installed. The marker once issued is to

                                    be: (a) fixed in a suitable location so as to be highly visible; (b) positioned

                                    adjacent to most appropriate access for the static water supply; (c) fixed                                        facing  the roadway on a gatepost, fence or dedicated post, at the right hand                                     side of the entranceway to the Static Water Supply; (d) fixed no less than                                     600mm from the ground surface to the base of the sign and not higher than                                     1200mm from the ground surface to the base of the sign; and, (e) fixed with                                     suitable screws or nails.

 

29.       Access

 

            The intent of measures for property access is to provide safe access to/from the

            public road system for fire fighters providing property protection during a bush fire

            and for occupants faced with evacuation. To achieve this, the following conditions

            shall apply:

 

            (i)         Unobstructed pedestrian access shall be provided to the rear of the property

                        to aid in firefighting activities.

 

30.       Design and Construction

 

            The intent of measures is that buildings are designed and constructed to withstand

            the potential impacts of bush fire attack. To achieve this, the following conditions

            shall apply:

 

            (i)         New construction on the roof, and the northern, eastern, and southern

                        elevations shall comply with Sections 3 and 9 (BAL FZ) of Australian Standard

                        AS3959-2009 '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. Except for windows, flaming of the

                        specimen is not permitted and there shall be no exposed timber.

            (ii)        New construction on the western elevation shall comply with Sections 3 and 8

                        (BAL 40) Australian Standard AS3959-2009 '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'.

 

            (iii)       The existing buildings are required to be upgraded to improve ember

                        protection. This is to be achieved by enclosing all openings (excluding roof tile

                        spaces) or covering openings with a non-corrosive metal screen mesh with a

                        maximum aperture of 2mm. Where applicable, this includes any sub floor

                        areas, openable windows, vents, weepholes and eaves. External doors are to

                        be fitted with draft excluders.

 

31.       Landscaping

 

            (i)         Future landscaping to the site is required to comply with the principles of

                        Appendix 5 of ‘Planning for Bush Fire Protection 2006’.

 

32.        General Advice – consent authority to note

 

            The NSW Rural Fire Service recognises that the site is constrained and that the proposed             development falls within the Flame Zone. Flame Zone development is high risk             development; consequently, in situations such as this, the Service seeks to improve the             overall fire safety of the existing development. This requires greater emphasis on             construction standards, landscaping, siting, and vegetation management practices to             ensure improved levels of protection are afforded to the development, its occupants and fire

            fighters. The Service has undertaken a merit-based assessment of the proposal and             provides the above advice in accordance with 'Planning for Bush Fire Protection 2006'.

 

            The construction plans submitted with the application as provided by GV Architecture             (Project No. 1501, Issue A, dated 5 July 2019) show that ‘Timber Composite Decking’ is             used around the dwelling. This decking is highly unlikely to comply with Flame Zone             construction requirements and is recommended to be substituted for non-combustible             decking materials.

 

Tree Conditions

 

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

 

34.     This condition of consent gives approval for one Phoenix Palm at the rear of the existing dwelling to be removed. Tree may only be removed upon issue of the Construction Certificate only.

 

35.     Trees removed as part of the development process must be replaced at a ratio of 1:1 in accordance with Part J Landscaping. Prior to the issue of the Occupation Certificate.

 

36.     All decking piers within the Tree Protection Zones of retained trees are to be manually excavated; all roots greater than 40 millimetres are to be retained. In the event roots are located in the proposed location, the pier shall be relocated to retain the root. Roots less than 40 millimetres in diameter may be pruned by an AQF Level 5 Arborist only who is to document pruned roots and provide written certification identifying compliance to this condition. The certificate must be submitted to the Principal Certifier and approved prior to the issue of the Occupation Certificate.

 

Bushland and Landscaping Conditions

 

37.     All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.

 

38.     The Asset protection zone (APZ) must be contained entirely within the development site boundary. The APZ is not to extend onto public open space.

 

39.     Native plants are to be installed and used as screening to provide a buffer to absorb light and noise pollution from entering the bushland. Council’s Backyard Habitat Officer is to be consulted for appropriate planting suggestions for screening. Please contact Vickie Lee on 9911 3654 or email BackyardHabitat@lanecove.nsw.gov.au .

 

40.     All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

41.     During construction / landscaping the designated environmental/ bushland area within the property and adjacent public bushland area must be kept clean of all building materials and rubbish.  Any rubbish that is blown into these areas must be immediately cleaned up.

 

42.     In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Coordinator of Bushland must be notified immediately.  Any clean- up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Coordinator of Bushland.

 

43.     A certificate must be submitted by a qualified practising landscape architect, Landscape / environmental designer or horticulturist, certifying that the landscaping works are completed in accordance with the details shown on the approved landscape working drawings  (as per condition (2) in this consent) and specification. Works must not progress until Council or the accredited certifier has confirmed that this condition has been fully satisfied.

 

            Where the project is being supervised by a private certifier, for the purposes of public             record, a copy of the certification must be forwarded to Council within 5 working days of the             date of issue.

 

44.     Prior to issue of the Certificate of Occupation, the applicant must submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from the date of issue of the Certificate of Occupation.

 

45.     At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant material has been successfully established, that all of the outstanding maintenance works or defects have been rectified prior to preparation of the report and that a copy of the 12 month landscape maintenance strategy has been provided to the Owner/ Occupier.  A copy of the report must be submitted to Council PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services

 

 

ATTACHMENTS:

AT‑1View

Clause 4.6 Variation

5 Pages

 

AT‑2View

Heritage Impact Statement

25 Pages

 

AT‑3View

Heritage Advisors Comments

1 Page

 

 

 


ATTACHMENT 1

Clause 4.6 Variation

 

General Manager,

Lane Cove Council,                                                                                    11 November 2019

Dear Mr Christopher Shortt

RE:          DA 88/2019- 40A Upper Cliff Road, Northwood 

Subject:       Lane Cove Council LEP 2009 -  SEPP 1 Objection Submission

 

 

We are writing in support of the SEPP 1 Objections in related to the Part 4 Principal development standards proposed in Part 4, Lane Cove Council FEP 2009 specifically, the non- compliances in respect of:

1    Non-Compliance with the Allowable Maximum Building Height _Part 4.3

2    Non-Compliance with the allowable Maximum Floor Space Ratio_ Part 4.4

 

Please refer to attached submissions.

 

Best Regards,

Signiture Furio

Furio Valich

Director, Gordon+Valich Pty Ltd

 

 

 

 

 

 

 

 

APPENDIX 1

Non-Compliance with the allowable Maximum Building Height.

This SEPP 1 Objection is related to the development standard contained in Lane Cove Council LEP 2009  The relevant objectives (for alterations and additions to an existing building) of this part are as follows:

4.3   Height of buildings

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

 

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

 

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

 

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

 

(d)  to relate development to topography.

 

(2)  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.

 

The proposed works are consistent with these objectives; however they are inconsistent with the numerical controls stipulated in Part 4.6- Principal development standards, which are as follows:

·      4.3- height of the building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

In it's existing state, the subject building has a height of 13,7m.

 

Control

To comply

Existing

Proposed

4.3

Maximum Height of buildings 9.5m

13.7m

13.7m unchanged

 

As shown above, in its existing state, the existing dwelling does not comply with the current LEP maximum permissible height.

To comply with the control, significant demolition of the existing buildings on the site would be necessary, changing the character of the building, clearly an unreasonable imposition considering that the dwelling has a Lane Cove Council Heritage mention.

As documented, the proposed works do not change the existing dwelling height. The proposed lift shaft is 1.06m below the existing topmost roof level.

The proposed lift shaft is not visible from the street and has little impact on the bulk and scale of the dwelling as viewed from the either street or adjoining properties.

The proposed lift shaft will not diminish the amenity of the adjoining properties.

The proposed location of the lift shaft will result in minimal overshadowing of small of the open space of the adjoining at 42 Upper Cliff Road, which has significant over shadowing from large trees.

The proposed lift installation is required to allow the occupants to age in place rather that relocate as a result of aging.

CONCLUSION

In summation, the proposed works do not comply with the relevant numerical control, however they do comply with specific objectives of the LEP, Section 4, as well the other relevant objectives of the LEP and the Lane Cove Council LEP 2009 

It is considered that the application of the controls s4.6 as contained in the LEP, would be unnecessary and unreasonable in the circumstances, and if enforced, would unreasonably compromise the character of the property and the heritage significance.

We urge Council to consider the topography and circumstances of the site and allow the non-compliance

As such, the following variations to numerical controls are sought:

·      4.3: a maximum height of 13.7m

 

 

Variation of the development standard, in the manner proposed, does not raise any matters of significance for state or regional environmental planning.

We trust this information is satisfactory, but should you require further information do not hesitate to contact the undersigned.

 

Yours faithfully,

 

 

Signiture Furio

 

Furio Valich

Architect

Gordon + Valich Architects

 

 

 

 

 

 

 

 

 

 

 

APPENDIX 1

 

Non-Compliance with the allowable Maximum Floor Space Ratio.

 

This SEPP 1 Objection is related to the development standard contained in Lane Cove Council LEP 2009  Part 4 Development StandardsThe relevant objectives (for alterations and additions to an existing building) of this part are as follows:

4.4   Floor space ratio

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

 

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

 

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

 

The proposed works are consistent with these objectives; however they are inconsistent with the numerical controls stipulated in Part 4.6- Principal development standards, which are as follows:

 

Control

To comply

Existing

Proposed

4.6/ 4.3

0.5:1 (276.4 m2)

Total Site Area: 629.3 m2

Battle-Axe Site (Excluding access handle) :

552.80 m2

 

0.57:1 (317.85 m2)

 

 

0.58:1

Additional 5.58 m2 (323.53 m2) Additional space on the lower ground bathroom and increase of existing ensuite

 

 

The existing dwelling is non-compliant with the LEP 2009 Part 4 cl 4.3. The above table confirm that the proposed FSR is 0.58:1.

All additional proposed floor space is located within the existing dwelling footprint. The LEP excludes the area of the lift shaft in FSR calculations.

The additional floor space is located in locations that will not impact on the bulk and scale of the dwelling.

The additional Floor area is not visible from adjoining properties and therefore has ns no impact on overshadowing or overlooking.

 

As such, the following variations to numerical controls are sought:

·      4.4: a maximum FSR of 0.5: 1

 

Variation of the development standard, in the manner proposed, does not raise any matters of significance for state or regional environmental planning.

 

We trust this information is satisfactory, but should you require further information do not hesitate to contact the undersigned.

 

Yours faithfully,

 

 

Signiture Furio

 

Furio Valich

Architect

Gordon + Valich Architects

 

 

 


ATTACHMENT 2

Heritage Impact Statement

 

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ATTACHMENT 3

Heritage Advisors Comments

 

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Lane Cove Local Planning Panel Meeting 10 December 2019

1 Ulonga Avenue, Greenwich

 

 

Subject:          1 Ulonga Avenue, Greenwich    

Record No:    DA19/112-01 - 67198/19

Division:         Environmental Services Division

Author(s):      Henry  Burnett 

 

 

 

Property:

1 Ulonga Avenue, Greenwich (Lot 1 DP 23527)

6 Ulonga Avenue, Greenwich (Lot 201 DP 1120727) – for pedestrian bridge connection and access to and use of parking spaces.

DA No:

DA112/2019

Date Lodged:

4 September 2019

Cost of Work:

$5,380,979.00

Owner:

Lendlease Retirement Living Holding Pty Ltd

Applicant:                        

Lendlease

 

Description of the proposal to appear on determination

Demolition of existing dwelling house and construction of an extension to an Existing Seniors Living Facility for Four (4) Self-Contained Seniors Living Apartments Pursuant to SEPP (Housing for Seniors or People with a Disability) 2004

Zone

R2 Low Density Residential

Is the proposal permissible within the zone

Yes pursuant to SEPP (Housing for Seniors or People with a Disability) 2004

Notification

Notified in accordance with Council policy and 13 submissions received including 5 by way of objection and 8 by way of support.

 

REASON FOR REFERRAL

 

The Development Application is referred for determination to the Lane Cove Local Planning Panel as the proposal includes a variation to a development standard greater than 10%.

 

EXECUTIVE SUMMARY

 

The Development Application is for the demolition of the existing dwelling house and construction of 4 x 3 bedroom self-contained seniors living apartments pursuant to SEPP (Housing for Seniors or People with a Disability) 2004. The applicant seeks to integrate the proposed development with an existing seniors living facility known as ‘The Baytree’ with utilisation of surplus parking and construction of a footbridge to facilitate pedestrian access.

 

The proposal complies with the provisions of SEPP (Housing for Seniors or People with a Disability) 2004 with the exception of building height. The proposal is accompanied by a Clause 4.6 request to vary the building height standard which is considered satisfactory and well-founded. The building height variation is minor and the development generally adopts a split-level two storey form which is compatible with the R2 Low Density Residential zoning of the site.

 

The proposal was notified in accordance with Council policy and thirteen (13) submissions were received including 5 by way of objection and 8 by way of support. The submissions by way of objection relate to various matters including but not limited to traffic, construction impacts, parking, waste management and amenity impacts to adjoining properties. The submissions are summarised and addressed in the report.

 

The proposal would supersede an approved 16 room boarding house (DA75/2018) approved by the Lane Cove Local Planning Panel on 18 June 2019 by way of it complying with the minimum standards of SEPP (Affordable Rental Housing) 2009. The proposal provides for a better planning outcome including improved building setbacks, reduced density in a constrained location and improved amenity outcomes for residents and adjoining property owners.

 

The Development Application is recommended for approval subject to draft conditions of consent.

 

SITE

 

The site of the proposed development is principally 1 Ulonga Avenue, Greenwich which is legally known as Lot 4 DP 23527. The site is an irregular shape and has a frontage to Ulonga Avenue of 15.725m, a linear depth of 53.66m, and a total area of 856m2. The site has a cross-fall of 14.9m from Ulonga Avenue (being a high point of RL 92.4 adjacent to Ulonga Avenue to a low point of RL 77.5 at the rear southern corner of the site).

 

Figure 1: Aerial Photograph of Subject Site and Surrounds

 

The existing site contains a single split-level dwelling and ancillary structures. A single hardstand parking space is currently provided at street level. The existing dwelling is benched approximately 4 metres below street level with the benching supported by an existing retaining wall. To the rear of the existing dwelling the site slopes gradually to the rear boundary.

 

The site is adjoined by single detached dwelling houses to the north-western side boundary and south-western rear boundary. The north-eastern boundary fronts Ulonga Avenue. On the north-eastern side of Ulonga Avenue are located two single detached dwelling houses known as ‘Mandalay’ which is listed together as a heritage item of local significance under Schedule 5 of LCLEP 2009 (Item No. I134). A residential flat building is also located on the north eastern side of Ulonga Avenue to the south of the heritage items.

 

The proposal seeks to integrate with an existing seniors living development known as ‘Baytree’ which currently adjoins the south-east facing side boundary of 1 Ulonga Avenue, Greenwich. Baytree is located at 6 Ulonga Avenue and is legally known as Lot 201 DP 1120727. Owners consent has been received from both No. 1 and 6 Ulonga Avenue.

 

PREVIOUS APPROVALS/HISTORY

 

Date

Description

20 September 2004

 

Development Application 378/2003 for a seniors living development comprising 79 dwellings and basement parking under SEPP No. 5 at 6 Ulonga Avenue, Greenwich, approved by Council.

 

5 December 2005

 

Section 96 Modification 378/2003 approved to rationalise apartment layouts and address Construction Certificate detail.

 

7 December 2016

Development Application 46/2016 for an infill multi dwelling housing development (11 dwellings) under the SEPP (Affordable Rental Housing) 2009 at 1 Ulonga Avenue, Greenwich, refused under Delegated Authority.

 

18 June 2019

 

Development Application 76/2018 for a boarding house with 16 rooms under SEPP (Affordable Rental Housing) 2009 at 1 Ulonga Avenue, Greenwich, approved as a deferred commencement consent by the Lane Cove Local Planning Panel. The deferred commencement condition has not been satisfied and the consent is not operational.

 

 

PROPOSAL

 

The Development Application is for the demolition of an existing dwelling house and associated structures and extension of an existing seniors living facility within a detached building comprising four (4) self-contained independent living retirement apartments at 1 Ulonga Avenue, Greenwich. The building is principally a split two storey building (see Figure 2 below) with a part four storey component for lift lobby access to each unit.

 

Connection to the existing seniors living facility at 6 Ulonga Avenue is proposed via a raised footbridge which would provide access to the central foyer and associated access to surplus car parking which is proposed to be allocated to the proposed apartments.

 

The applicant has indicated that 1 and 6 Ulonga Avenue would be consolidated prior to the issue of an Occupation Certificate and as such no cross-title rights of access and restrictions would be required in relation to the footbridge and use of carparking spaces.  

 

 

Figure 2: Proposed Site Plan

 

 

Figure 3: Proposed Section

 

SECTION 4.15 ASSESSMENT

 

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

 

 

(i)         Any environmental planning instrument:

 

 

The proposal has been assessed against the relevant environmental planning instruments as summarised in the following table:

 

Environmental Planning Instrument

Comment

State Environmental Planning Policy No. 55 – Remediation of Land

Satisfactory - Council’s Environmental Health Section have reviewed the submitted Hazardous Materials Report and is satisfied the materials (forming part of the existing structures) can be removed safely subject to draft conditions of consent. No further concern in relation to site contamination given the historic residential use of the site is found. The proposal is considered satisfactory with respect to SEPP No. 55 – Remediation of Land subject to draft conditions of consent. (Refer draft conditions 19, 74 and 90)

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

Satisfactory - The proposal is satisfactory with respect to SREP (Sydney Harbour Catchment) 2005. The site is not located on the foreshore or adjacent to a waterway. The proposal is consistent with the relevant objective of the SREP relating to improved water quality with the provision of an OSD system and a Gross Pollutant Trap.

 

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

 

Satisfactory – The proposal is subject to the provisions of SEPP (BASIX) 2004 as it meets the definition of a BASIX affected building under the Environmental Planning and Assessment Regulation 2000:

 

BASIX affected building means any building that contains one or more dwellings, but does not include a hotel or motel.

 

The proposal was accompanied by a BASIX Certificate which meets the minimum standards for energy, water and thermal comfort ratings. The proposal is considered satisfactory with respect to SEPP (BASIX) 2004 subject to a draft condition of consent (Refer draft condition 3).

 

State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development

 

Not applicable – The proposed seniors housing is not ‘captured’ by Clause 28 of SEPP 65 which states that SEPP 65 applies to “development for the purpose of a residential flat building, shop top housing or mixed-use development with a residential accommodation component”. The applicant has provided legal advice supporting this position, stating that seniors housing is a separate landuse definition and not captured under Clause 28.

 

This position is considered supportable in this instance as the development generally adopts a two storey split-level form and has generally followed the SEPP (Housing for Seniors or People with a Disability) height standards for development in zones where a residential flat building is not permissible in this case being the R2 Low Density Residential zone.

 

In any event, the applicant has provided a SEPP 65 merit assessment attached to the SEE (Appendix 3) demonstrating compliance with key residential amenity criteria including solar access, natural ventilation, apartment size etc.

 

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

 

Satisfactory - See assessment below.

Lane Cove Local Environmental Plan 2009

 

Satisfactory - See assessment below.

 

SEPP (Housing for Seniors or People with a Disability) 2004

 

a.         Permissibility

 

With respect to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 the following clauses are considered in respect to permissibility:

 

“Clause 4 Land to which Policy applies

(1) General
This Policy applies to land within New South Wales that is land zoned primarily for urban purposes or land that adjoins land zoned primarily for urban purposes, but only if:

(a) development for the purpose of any of the following is permitted on the land:

(i) dwelling-houses,

(ii) residential flat buildings,

(iii) hospitals,

(iv) development of a kind identified in respect of land zoned as special uses, including (but not limited to) churches, convents, educational establishments, schools and seminaries, or

(b) the land is being used for the purposes of an existing registered club.”

 

The subject site is zoned R2 Low Density Residential under the Lane Cove Local Environmental Plan 2009. Dwelling-houses are permitted within the R2 zone with development consent and therefore the Policy applies.

 

Self-contained dwellings are a form of development permitted under the Policy and are defined as follows in Clause 13:

 

self-contained dwelling is a dwelling or part of a building (other than a hostel), whether attached to another dwelling or not, housing seniors or people with a disability, where private facilities for significant cooking, sleeping and washing are included in the dwelling or part of the building, but where clothes washing facilities or other facilities for use in connection with the dwelling or part of the building may be provided on a shared basis.

 

The proposed development is for four (4) self-contained dwellings which is further defined as in-fill self-care housing as follows:

 

in-fill self-care housing is seniors housing on land zoned primarily for urban purposes that consists of 2 or more self-contained dwellings where none of the following services are provided on site as part of the development: meals, cleaning services, personal care, nursing care.

 

The proposal meets the definition of self-contained dwellings and is permissible pursuant to SEPP (Housing for Seniors or People with a Disability) 2004 in the R2 Low Density Residential zone.

 

b.         General (Part 1)

 

Clause 18 requires a restriction as to user placed on the property title to restrict accommodation to the following persons: seniors or people with a disability, people who live within the same household with seniors or people who have a disability; and staff employed to assist in the administration of and provision of services to housing provided under this Policy (Refer to draft condition of consent 10). 

 

c.         Site Compatibility Certificate (Part 1A)

 

A site compatibility certificate is not required under Clause 24 as the subject site is land zoned primarily for urban purposes.

 

d.         Site-Related Requirements (Part 2)

 

The table below provides an assessment of the location and access requirements to facilities for the proposed development.

 

Requirement

Proposal

Compliance

 

Clause 26 – Location and access to facilities

 

Residents to have access to identified services (banks, shops, service providers, etc) within 400 metres of the site or be within 400 metres from a public transport service.

 

The average gradient pathway is no more than 1:14, although the following gradients are also acceptable:

 

(i)         A gradient no more than 1:12 (8.3%) for slopes for a max. of 15m at a time;

(ii)        A gradient no more than 1:10 for a max. of 5m at a time;

(iii)       A gradient no more than 1:8 for distances no more than 1.5m at a time.

 

 

 

The proposed development is an extension of the existing seniors living facility at No. 6 Ulonga Avenue. The suitability of the existing seniors facility is considered established.

 

The facility provides access to the identified services (banks, shops, service providers) as part of its service offering to residents including proximity to Lane Cove Shopping Village.

 

The proposed dwellings would be integrated with the existing facility and future occupants would have access to all facilities available to existing residents including a restaurant, 24 hour concierge, hair and beauty salon, cinema, pool and spa, gymnasium, games room, bowling green, bar, library, recreation centre and village bus.

 

 

 

Complies

 

Clause 27- Bush fire prone land

 

 

The site is not mapped as bush fire prone land.

 

 

Not applicable.

 

Clause 28 – Water and sewer

 

Consent not to be granted unless the housing will be connected to a reticulated water system and have adequate facilities for the removal or disposal of sewage.

 

 

The proposed development would be connected to reticulated water and sewer.

 

Complies

 

Clause 29 – Compatibility criteria

 

Clause 29(2) requires certain criteria to be considered including compatibility with surrounding land uses having regard to:

 

·    The natural environment (including known significant environmental values, resources or hazards) and the existing uses and approved uses of land in the vicinity of the proposed development.

 

·    The services and infrastructure that are or will be available to meet the demands arising from the proposed development (particularly, retail, community, medical and transport services having regard to the location and access requirements set out in clause 26) and any proposed financial arrangements for infrastructure provision.

 

·    The impact that the bulk, scale, built form and character of the proposed development is likely to have on the existing uses, approved uses and future uses of land in the vicinity of the development.

 

 

 

 

 

 

 

 

 

 

 

The proposal would result in the removal of 11 of 23 existing trees. The proposal has sought to retain trees of high value outside of the proposed building platform and there are no other significant environmental values, resources or hazards).

 

 

There are services and infrastructure available to meet the demands arising from the proposed development. 

 

 

 

 

 

 

 

 

 

 

 

 

The impact of the bulk, scale and built form has been considered carefully in the design of the proposed building with building separation and design measures (Window placement, privacy screens etc.) used to mitigate impacts on adjoining landuses.

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

e.         Design Requirements (Part 3)

 

The table below provides an assessment of the proposal against the SEPP design requirements:

 

Requirement

Proposal

Compliance

 

Clause 30 – Site Analysis

 

Consent not to be granted unless site analysis prepared by the applicant has been submitted and has formed part of the assessment.

 

 

The proposal was accompanied by a Site Analysis (see Drawing No. SD1001-1006). The Site Analysis presents site constraints (principally topography and potential overshadowing of existing BayTree properties) and opportunities including connectivity to the existing seniors facility reducing impacts to adjoining properties through removing the need to provide an additional driveway crossing and parking which would further add to bulk and scale. The proposed design is a considered response to a thorough Site Analysis.

 

 

Complies

Clause 31 – Design of In-fill Self-care Housing

 

In determining a development application made pursuant to this Chapter to carry out development for the purpose of in-fill self-care housing, a consent authority must take into consideration (in addition to any other matters that are required to be, or may be, taken into consideration) the provisions of the Seniors Living Policy: Urban Design Guideline for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004.

 

 

 

 

The proposed design has incorporated the provisions of the Policy. The proposal is consistent with the guidelines and would deliver a high level of amenity for new residents.

 

 

 

Complies

 

Clause 32 – Design of residential development

 

Consent not to be granted unless the consent authority is satisfied that the proposed development demonstrates that adequate regard has been given to the principles set out in Division 2 being Clause 33-39 below.

 

 

Division 2 – Design Principles

 

An assessment of Division 2 – Design Principles is provided below:

 

 

Clause 33 – Neighbourhood amenity and streetscape

 

 

 

Recognise the desirable elements of the location’s current character (or, in the case of precincts undergoing a transition, where described in local planning controls, the desired future character) so that new buildings contribute to the quality and identity of the area.

 

 

The proposal provides a single storey presentation to 1 Ulonga Avenue and provides for a principally two storey stepped design following the topography of the site. The proposal in this way is in keeping with the planning controls and envisaged character for the R2 Low Density Residential zone.

 

Complies

 

 

Retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity and any relevant heritage items that are identified in a Local Environmental Plan

 

 

The proposal presents as single storey to Ulonga Avenue and would sensitively harmonise with the local heritage items identified under Schedule 5 of LCLEP 2009 as Item No. I134 known as Mandalay at No. 2-4 Ulonga Avenue.

 

Complies

Maintain reasonable neighbourhood amenity and appropriate residential character by:

 

(i)    providing building setbacks to reduce bulk and overshadowing,

 

 

 

 

(ii)    using building form and siting that relates to the site’s land form, and

 

(iii)   adopting building heights at the street frontage that are compatible in scale with adjacent development, and

 

(iv)  considering, where buildings are located on the boundary, the impact of the boundary walls on neighbours

 

 

 

 

 

 

The proposal provides for generous setbacks to minimise overshadowing including the existing apartments at No. 6 Ulonga Avenue receiving a minimum 3 hours direct solar access from 12pm to 3pm (see drawing no. SD3806).

 

The proposal relates to the landform by providing a stepped principally two storey form.

 

 

The single storey height at the street frontage is compatible in scale with the adjoining single detached dwelling development.

 

The proposal is in closest proximity to No. 3 Ulonga Avenue. The development provides a minimum 1.5m setback which increases to 3m for the rear half of the upper two storeys to provide for additional separation to their principal recreation area and the rear-facing elevation. It is noted this is a substantial improvement from the approved boarding house.

 

 

 

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

 

Complies

 

 

 

 

Complies

Be designed so that the front building of the development is set back in sympathy with, but not necessarily the same as, the existing building line.

 

The front setback is in sympathy with the street considered the front setback of No. 3 Ulonga Avenue which is the only reference dwelling fronting Ulonga Avenue.

Complies

Embody planting that is in sympathy with, but not necessarily the same as, other planting in the streetscape

 

The proposal provides for a front hedge and turfing visible from the streetscape. Other planting would establish over time but would not immediately visible due to topography of the site.

 

Complies

Retain, wherever reasonable, major existing trees.

 

The proposal retains major existing trees where practicable.

Complies

Be designed so that no building is constructed in a riparian zone.

 

The proposal is not within a riparian zone.

Complies

 

Clause 34 – Visual and acoustic privacy

 

The proposed development should consider the visual and acoustic privacy of neighbours in the vicinity and residents by:

 

(a)  appropriate site planning, the location and design of windows and balconies, the use of screening devices and landscaping, and

 

 

(b)  ensuring acceptable noise levels in bedrooms of new dwellings by locating them away from driveways, parking areas and paths.

 

 

 

 

 

 

 

 

 

 

The proposal provides for adequate screening and has utlised timber structures and obscure glazing to reduce overlooking with particular consideration of the north-western adjoining residential properties (3 Ulonga Avenue etc.).

 

Compliance can be achieved subject to compliance with the submitted Acoustic Report. It is noted the proposal provides for common access lobbies immediately adjacent to the existing driveway ramp to No. 6 Ulonga Avenue which is considered good layout planning for acoustic privacy.

 

 

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

Complies.

 

Clause 35 -  Solar access and design for climate

 

The proposed development should:

 

(a)  ensure adequate daylight to the main living areas of neighbours in the vicinity and residents and adequate sunlight to substantial areas of private open space, and

 

(b)  involve site planning, dwelling design and landscaping that reduces energy use and makes the best practicable use of natural ventilation solar heating and lighting by locating the windows of living and dining areas in a northerly direction.

 

 

 

 

 

 

 

 

The proposal provides for adequate daylight to main living areas and substantial areas of private open space for both the adjoining and subject site. Adequate being defined as 3 or more hours between 9am and 3pm mid-winter.

 

The proposal provides all dwellings with ADG compliant natural ventilation and solar access and is also accompanied by a BASIX Certificate to meeting minimum sustainability targets.

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

Clause 36 – Stormwater

 

The proposed development should:

 

(a)  control and minimise the disturbance and impacts of stormwater runoff on adjoining properties and receiving waters by, for example, finishing driveway surfaces with semi-pervious material, minimising the width of paths and minimising paved areas, and

 

(b)  include, where practical, on-site stormwater detention or re-use for second quality water uses.

 

 

 

 

 

 

 

(a) The proposal minimises hard surfaces by utilising existing driveway/car parking of No. 6 Ulonga Avenue which restores turf to the verge. Further, the proposal generally contains hard stand areas to form part of the building platform through the use of balconies etc. which further minimises the need for paved areas.

 

 

(b) OSD is provided and a central water tank of 4000 litres is provided in accordance with BASIX which is plumbed in to toilets etc. and available for landscape watering.

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

Complies

 

Clause 37 – Crime prevention

 

The proposed development should provide personal property security for residents and visitors and encourage crime prevention by:

 

(a)  site planning that allows observation of the approaches to a dwelling entry from inside each dwelling and general observation of public areas, driveways and streets from a dwelling that adjoins any such area, driveway or street, and

 

(b)  where shared entries are required, providing shared entries that serve a small number of dwellings and that are able to be locked, and

 

 

(c)  providing dwellings designed to allow residents to see who approaches their dwellings without the need to open the front door.

 

 

 

 

 

 

 

 

 

 

The proposal provides for secure gated entry to the site which is readily observable from Ulonga Avenue.

 

 

 

 

 

 

Each self-contained dwelling is on a separate level and would be protected via lift swipe pass access noting the gated entry from Ulonga Avenue protects unauthorized entry to this area in any event.

 

The proposal by way of its secure access would require visitors to identify themselves prior to approaching the front door and therefore is satisfactory.

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

Complies

 

Clause 38 – Accessibility

 

The proposed development should:

 

(a)  have obvious and safe pedestrian links from the site that provide access to public transport services or local facilities, and

 

(b)  provide attractive, yet safe, environments for pedestrians and motorists with convenient access and parking for residents and visitors.

 

 

 

 

 

 

 

(a) The pedestrian links both to Ulonga Avenue and across the proposed pedestrian footbridge provides a high level of pedestrian connectivity.

 

 

(b) The environment provided is safe with access to parking convenient via the lobby of the existing Baytree development.

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

Complies

 

Clause 39 – Waste management

 

The proposed development should be provided with waste facilities that maximise recycling by the provision of appropriate facilities.

 

 

 

 

 

The proposed waste management solution seeks to store bins within an existing outbuilding on No. 6 Ulonga Avenue adjacent to the subject site but present bins within the existing No. 6 Ulonga Avenue. This approach has been reviewed by Council’s Waste Officer and is considered satisfactory.

 

 

 

 

 

Complies

 

f.          Development Standards to be Complied with (Part 4)

 

The table below provides an assessment of the development standards to be complied with:

 

Requirement

Proposal

Compliance

Division 1 General

40 Development standards—minimum sizes and building height

(2) Site size
The size of the site must be at least 1,000 square metres.

 

 

1.4Ha when consolidated.

 

Complies

(3) Site frontage
The site frontage must be at least 20 metres wide measured at the building line.

 

 

15.725m, but would exceed 20m once consolidated.

 

Complies

(4) Height in zones where residential flat buildings are not permitted

 

(a) the height of all buildings in the proposed development must be 8 metres or less, and

 

 

(b) a building that is adjacent to a boundary of the site (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) must be not more than 2 storeys in height, and

 

 (c) a building located in the rear 25% area of the site must not exceed 1 storey in height.

 

 

 

 

 

Maximum height in accordance with Seniors SEPP is 9.45m

 

 

 

The proposal is generally 2 storeys in height in elevation in particular as it interfaces with the north-western boundary which is located the more sensitive single detached dwellings.

 

 

 

Complies.

 

 

 

 

See Clause 4.6 merit assessment below.

 

Complies.

 

 

 

 

 

 

 

Complies.

(5) Development applications to which clause does not apply
Subclauses (2), (3) and (4) (c) do not apply to a development application made by any of the following:

(a) the Department of Housing,

(b) any other social housing provider.

 

Not applicable.

Not applicable.

Clause 41 – Standards for hostels and self-contained dwellings.

(1) A consent authority must not consent to a development application made pursuant to this Chapter to carry out development for the purpose of a hostel or self-contained dwelling unless the proposed development complies with the standards specified in Schedule 3 for such development.

 

 

The standards relate to accessibility and usability. The applicant has indicated compliance can be readily achieved at Construction Certificate stage. The proposed design is generous in apartment size, was accompanied by an access report, and it is considered that compliance can be readily achieved. (Refer draft condition of consent 9)

Complies.

 

g.         Development Standards that cannot be used as grounds to refuse consent (Part 7)

 

The table below provides an assessment of the development standards that cannot be used as grounds to refuse consent (clause 50) if compliance is achieved:

 

Development Standard

Proposal

Complies / Comment

(a)        building height: if all proposed buildings are 8 metres or less in height (and regardless of any other standard specified by another environmental planning instrument limiting development to 2 storeys)

 

The merit assessment of building height is addressed below.

See Clause 4.6 merit assessment below.

(b)       density and scale: if the density and scale of the buildings when expressed as a floor space ratio is 0.5:1 or less.

 

 

The proposal when assessed against the SEPP has a FSR of 1.01:1. The proposed LCLEP FSR is 0.68:1. This is generally in keeping with surrounding applicable LCLEP 2009 FSRs including 0.6:1, 0.7:1 and 0.8:1.

 

The proposal does not represent excessive bulk and scale and relocates parking (which would not be included the definition of FSR) to within the existing building at No. 6 Ulonga Avenue. The utilisation of this bulk for floor space, is considered appropriate in this instance.

 

Further, the applicant has provided legal advice which states that a Clause 4.6 is not required to vary the FSR stipulated in this clause as ‘the provisions of the clause do not impose any limitations on the grounds on which a consent authority may grant development consent. That is, a variation to a standard within Part 4 of the SEPP requires a Clause 4.6 being a Development standard to be complied with, but a variation to a standard within Part 7 does not, being ‘Development standards that cannot be used as grounds to refuse consent’.

 

There is suitable merit for the FSR proposed in this instance for reasons outlined above.

 

Merit assessment satisfactory.

(c)        landscaped area: if a minimum of 30% of the site is to be landscaped,

 

 

47.3%

Complies

(d) deep soil zone, no less than 15% of the area of the site.

 

36.1%

Complies

(e) solar access living rooms and private open spaces for a minimum of 70% of dwellings of the development receive a minimum 3 hours direct sunlight between 9am and 3pm mid-winter.

 

All apartments receive compliant solar access.

 

Complies

(f) private open space if,

 

(i) In the case of a dwelling that is located on the ground floor of a multi-storey building, not less than 15 square metres of private open space per dwelling is provided,

 

(ii) in the case of any other dwelling, there is a balcony with an area of not less than 10 square metres.

 

 

 

(i) Apartment 1 has 47.1 square metre private open space.

 

 

 

 

 

The minimum balcony size is 22 square metres.

 

 

Complies

 

 

 

 

 

 

Complies

 

h.         Discussion of SEPP Departures

 

The following provides an assessment of the SEPP departures where not fully addressed in the preceding tables:

 

i.          Building Height

 

Reference is made to Clause 3 of the SEPP which defines height as follows

 

“Height in relation to a building, means the distance measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point.”

 

The maximum proposed building height is 9.45m being a maximum departure of 1.45m or 18%. The location of the maximum departure is shown in Figure 3 below.

 

Figure 3: Building Height Plane

 

The consent authority cannot refuse an application on the grounds of height if the building is 8 metres or less. Clause 4.6 of LCLEP 2009 allows exceptions to development standards under any environmental planning instrument.  Consent must not be granted for development that contravenes a development standard unless the consent authority has considered and agrees with the written request from the applicant that seeks to justify the contravention of the development standard. This written request must demonstrate compliance with the relevant provisions of Clause 4.6 of LCLEP 2009.

 

The applicant has provided a written request seeking a variation to the development standard with the lodged application.  A copy is provided to the Panel (AT1). Under Clause 4.6(3) the applicant is required to demonstrate:

 

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

 

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

 

1.         Compliance with the development standard is unreasonable or unnecessary in the circumstances of the case

 

The applicant’s Clause 4.6 states the following reasons for why compliance is unreasonable or unnecessary:

 

·          The height variation is essentially as a result of the design maintaining a two storey built form over the challenging topography of the Site; which has a 14m fall from front to rear;

·          The section of the building with the ceiling height exceedance is located toward the rear section of the building and is recessed from all sides of the built form below and will not be visible from the surrounding streetscape.

·          As demonstrated in the rendering below, the proposal will present as a single storey built form when viewed from the public domain (See Figure 4).

·          The proposed 3 storey section on the northern elevation is only 6m wide and is a result of the excavation form for the existing dwelling, which is terraced down the Site.

·          This variation in storeys will not be read from the northern neighbour as 3 storeys due to the change in level between the properties, which has the Site sitting significantly lower than its neighbour. The floor space on the ground level is subfloor and proposed to be used as plant room and storage.

·          This scale of development is an appropriate outcome in the context of surrounding sites as they which have varying height limits under the LCLEP of at least 9.5m and up to 15m. The surrounding locality also has a varied built form; from residential dwellings to seniors housing to residential flat buildings.

·          In this context, it is considered that the proposed height will not be overbearing in the streetscape but will sit comfortably and appropriately alongside its neighbours.

·          The proposed variation is not responsible for any unreasonable adverse impacts to surrounding properties including privacy, overshadowing and view loss. The compliant front, side and rear setbacks ensure there is adequate separation distances between neighbouring development. The height variation allows for the built form to effectively and efficiency follow the topography of the Site and enable the Site to be effectively utilised for seniors housing.

·          The proposed height variation has also assisted facilitate a smaller building footprint, which promotes greater access to light, ventilation and provision of deep soil planting at ground level.

·          The height variation is well integrated into the high-quality, articulated design of the proposal and ensures that the built form will contribute positively to the locality.

·          Despite the non-compliance, the proposal maintains a single storey presentation to Ulonga Avenue which achieves the aims of the development standard, which is: to avoid an abrupt change in the scale of development in the streetscape.

Comment:

 

The proposal would present as single storey to the street as shown in Figure 4 below and measured against the LCLEP 2009 height limit (9.5) the extent of the building over the permitted height plane is even further reduced (see Figure 5). The proposed height variation is set back from the side boundaries and would not result in any adverse impact. It is noted that the lower two storey component is substantially less than the LCLEP and SEPP building height limit. By locating the massing out of this area the proposal provides for improved solar access to the existing seniors living facility which is located in a south direction from the proposed development site. In this way, the height variation provides for a better planning outcome.

 

Figure 4: Presentation to Ulonga Avenue

 

Figure 5: LCLEP 2009 Building Height Plane

 

Therefore, compliance with the development standard is considered to be unreasonable and unnecessary in the circumstance of the subject proposal. Clause 4.6(3)(a) is considered to be satisfied.

 

2.         There are sufficient environmental planning grounds to justify contravening the development standard.

 

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

 

The applicant has argued that:

 

·          The recessed nature of the height variation ensures that it will not be visible from the public domain and will therefore not be responsible for any unreasonable streetscape impacts.

·          The height will not be responsible for any unreasonable overshadowing or privacy impacts to neighbouring properties.

·          The height variation will not obstruct significant views.

·          The additional height facilitates the delivery of a building which has a high-quality expression and high level of amenity for future occupants.

·          The height variation has been well integrated into the high-quality and articulated design aesthetic of the built form and will positively contribute to locality.

 

Comment:

 

The environmental planning grounds are considered well established. It is considered the reasons provided to Clause 4.6(3)(a) translate to apply also in Clause 4.6(3)(b). The reasons given regarding a highly articulated building that responds to the site constraints including topography are considered well-founded.

 

It is considered that there are sufficient environmental planning grounds to justify contravening the development standard in the circumstance of the subject proposal. Clause 4.6(3)(a) is considered to be satisfied.

 

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

 

Development consent cannot be granted to vary a development standard unless a consent authority is satisfied that the proposed development would be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out. It has already been established that the building height meets the objectives of the standard however an assessment against the zone objectives is provided as follows:

 

The objectives of the R2 Low Density Residential zone are as follows:

 

·          To provide for the housing needs of the community within a low-density residential environment.

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

·          To retain, and where appropriate improve, the existing residential amenity of a detached single family dwelling area.

·          To encourage new dwelling houses or extensions of existing dwelling houses that are not highly visible when viewed from the Lane Cove River or Parramatta River.

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

 

The proposal provides for a minor expansion of an existing seniors living facility. The proposed development would retain the existing residential amenity of adjoining detached single family dwellings. The appropriateness of the built form within the low-density character of the locality has been established and the proposal is considered to comply with the objectives of the R2 Low Density Residential zone.

 

4.         Conclusion

 

The objectives of Clause 4.6 are to provide an appropriate degree of flexibility in applying certain development standards and to achieve better outcomes for and from development by allowing flexibility in particular circumstances. The variations to the height standard of SEPP (Housing for Seniors or People with a Disability) 2004 are considered justified and supported in the circumstances of this case.  The development satisfies the objectives and the criteria outlined in clause 4.6. As such, the variation is considered well founded, results in a better planning outcome and is in the public interest.

 

Lane Cove Local Environmental Plan 2009

 

a.         Part 4 - Development Standards

 

The Development Application is made pursuant to SEPP (Housing for Seniors or People with a Disability) 2004. Clause 5 of the SEPP entitled ‘Relationship to other environmental planning instruments’ states the following in Clause 5(3):

 

If this Policy is inconsistent with any other environmental planning instrument made before or after this Policy, this Policy prevails to the extent of that inconsistency.

 

In this regard, the SEPP contains both a development standard for building height and a development standard for floor space ratio. Both standards are inconsistent with the development standards contained within LCLEP 2009.

 

LCLEP 2009 and the SEPP nominate the same FSR (0.5:1) however the definition of Gross Floor Area is substantially different. LCLEP 2009 specifies a maximum building height of 9.5 metres, where the SEPP specifies 8m, with differing definitions of building height, LCLEP 2009 can be deemed to be inconsistent with the SEPP and under the specified clause above, the provisions of the SEPP prevail. Accordingly, a detailed assessment against LCLEP 2009 is not required.

 

 

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

 

 

Draft Remediation of Land SEPP

 

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

 

 

(iii)       Any development control plan

 

 

The proposal is not subject to development-specific controls within Lane Cove Development Control Plan 2010 however a summary of Council officer referrals is provided as follows:

 

Referral

DCP

Comment

Tree Preservation

 

Part J – Landscaping

Satisfactory. No objection subject to draft conditions (Nos. 60-73). The proposal would result in the removal of 11 trees and the retention of 12 trees. All trees removed would be required to be replaced at a ratio of 1:1. The stormwater design submitted conflicts with the Tree Protection Zones of some trees to be retained. The applicant has been advised of this conflict and is willing to amend the stormwater plans. This has been provided within draft conditions of consent.

 

Engineering

 

Part O – Stormwater Management

Satisfactory. No objection subject to draft conditions (Nos. 22-55) including the bulk earthworks conditioned in the interest of all adjoining property owners, the provision of OSD, rainwater re-use, the provision of a Gross Pollutant Trap (GPT) to prevent solid waste entering Council’s stormwater system and the upgrade of Council infrastructure for the entire frontage of the proposal.

 

Waste Management

 

Part Q – Waste Management and Minimisation

 

Satisfactory. No objection subject to draft conditions (Nos. 74-92). The proposal would utilise the existing waste collection pickup area and waste storage area. 

 

Traffic, Transport and Parking

 

Part R – Traffic, Transport and Parking

Satisfactory. No objection subject to draft conditions (Nos. 56-59). The proposal utilises current surplus parking within No. 6 Ulonga Avenue, with minor building works to create an additional space.

 

The proposed pedestrian footbridge provides suitable vertical clearance to the existing driveway ramp though a minimum clearance is specified as a draft condition of consent.

 

The site is heavily constrained and a Construction Traffic Management Plan would be required as a draft condition of any consent.

 

Environmental Health

 

Part B – General Controls (Part B6/B7)

Satisfactory. No objection subject to draft conditions (Nos. 74-92) specifically relating to contamination and acoustics.

 

 

 

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

 

 

The impacts of the development have been considered and subject to recommended draft conditions would not adversely impact the locality.

 

 

(c)  The suitability of the site for the development

 

 

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

 

 

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

 

 

The proposal was notified in accordance with Council policy and 5 submissions by way of objection were received which are summarised and addressed as follows:

 

Concern

Comment

The existing gutter crossing near the front boundary of 1/3 Ulonga Avenue should be maintained to allow access to Mandalay Ulonga Avenue.

 

The applicant has submitted swept-path diagrams indicating how vehicle access to Mandalay can be achieved without use of the existing cross-over.

Street parking should be maintained for residents during construction in Ulonga Avenue.

 

Construction traffic management would be subject to further consderation by Council’s Traffic Section prior to Construction Certificate and this would form part of the consideration (refer to draft condition 58).

 

Bins should be presented on 6 Ulonga Avenue not extend down in front of 1 Ulonga Avenue.

 

The presentation of bins would continue to occur within No. 6 Ulonga Avenue (refer to draft condition 92).

Truck size and maneuvering should be considered in detail for the construction phase of the development given issues that arose during the construction of the existing seniors living facility.

 

Construction traffic management would be subject to further considered by Council’s Traffic Section prior to Construction Certificate and this would form part of the consideration (refer to draft condition 58).

 

The loss of natural light for the south facing bedroom of No. 3 Ulonga Avenue, Greenwich due to proximity of main bedroom/kitchen on proposed Level 3 and 4.

 

The proposal does not overshadow No. 3 Ulonga Avenue and the property has high levels of access to sky views at other locations within the dwelling. It is not considered reasonable to retain sky views across a side boundary facing south. 

Privacy has largely been considered however a condition of consent should be made that all windows/balconies facing 3 Ulonga Avenue should include privacy mitigation measures.

 

It is acknowledged that privacy measures are to be provided to windows balconies facing No. 3 Ulonga Avenue (refer draft condition 1).

A part structure encroachment from No. 1 Ulonga Avenue in to 3 Ulonga Avenue is to be resolved through its removal and the construction of a retaining wall with a high visual quality along the common boundary.

 

No objection to the removal is noted. The replacement retaining wall is considered reasonable and is recommended as a draft condition of consent (refer draft condition 93).

Geotechnical and dilapidation report should be provided.

 

Council’s Development Engineer has reviewed the proposal and is of the view both reports would be required (refer draft conditions 41 and 44).

 

Compliance with acoustic report construction times should be adhered to.

 

Compliance with the acoustic report is recommended as a draft condition of consent (refer draft condition 80).

 

Asbestos and hazardous material (As identified) and its removal should be removed in accordance with regulations, mitigating risks to adjoining properties.

 

It is noted the existing dwelling has been recorded as likely containing asbestos. Removal would be required to be undertaken in accordance with the appropriate Regulations (refer draft condition 74).

If the construction cuts through existing footings of No. 3 Ulonga Avenue, then the retaining wall is to be replaced at the cost of Lendlease with a new single retaining wall along the boundary, subject to agreement with No. 3 Ulonga Avenue.

 

The consolidated retaining wall is considered reasonable should the footings be interupted and is recommended as a draft condition of consent (refer draft condition 93).

The proposal has a lack of parking and taking away visitor parking from the existing seniors living development is not considered appropriate.

 

The proposal provides for compliant parking to both the existing and proposed facility at 6 Ulonga Avenue site.

Concern with dust and sediment/erosion management impacting adjoining properties including 10 Innes Road Greenwich.

 

Appropriate conditions have been recommended to ensure dust and sediment/erosion control management during construction (refer draft condition 75 and 50).

 

SECTION 7.11 ASSESSMENT

 

The Section 7.11 Contribution is calculated in the following manner:

 

Contribution for New Dwellings

 

The Section 7.11 contribution payable is calculated in accordance with the Plan being the average number of persons per dwelling size as detailed in the following table:

No of bedrooms

Average occupancy

Amount of contribution per dwelling

No. of Dwellings

Total

contribution

3 Bedrooms

2.4 persons

10,642.00 x 2.4 = $25,540.80

Capped Rate $20,000.00 per dwelling

4 x $20,000.00

$80,000.00

 

 

 

TOTAL

$80,000.00

 

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

 

No. bedrooms

Average occupancy

Amount of contribution per dwelling

No. of Dwellings

Total

contribution

2 + Bedrooms

N/A

Capped Rate $20,000.00 per dwelling

1 x $20,000.00

$20,000.00

 

 

 

TOTAL

$20,000.00

 

The Section 7.11 contribution payable is $80,000.00 - 20,000.00 = $60,000.00 in accordance with 2019/2020 fees and charges.

 

CONCLUSION

 

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

 

The proposed variation to the building height standard under SEPP (Housing for Seniors or People with a Disability) 2004 is considered justified and is supported. The written request adequately addresses the matters in Clause 4.6(3) and the proposal meets with both the zone and standard objectives despite the non-compliance with the prescriptive measure of building height contained within SEPP (Housing for Seniors or People with a Disability) 2004.

 

The proposal provides for substantial improvements compared to the previously approved boarding house including lower density in a constrained location and increased building separation to adjoining properties. The proposal generally provides for a maximum two storey development at any one point above existing ground level and is compatible with the character of the R2 Low Density Residential zone. 

 

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

 

 

RECOMMENDATION

 

That the Lane Cove Local Planning Panel at its meeting of 10 December 2019, exercising the functions of the Council as Consent Authority pursuant to Clause 4.16 of the Environmental Planning & Assessment Act 1979 approve a variation to the height prescribed by SEPP (Seniors for Housing or People with a Disability) 2004, as it is satisfied that the applicant’s request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, and the proposed development would be in the public interest as it is consistent with the objectives of that particular standard and the objectives for development within the zone.

 

That pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 10 December 2019, exercising the functions of Council as the consent authority, grant consent to Development Application DA112/19 for the demolition of existing structures and construction of seniors housing on Lot 1 DP 23527 and Lot 201 DP 1120727, known as 1 and 6 Ulonga Avenue, Greenwich, subject to draft conditions in Attachment 2.

 

 

 

 

 

ATTACHMENTS:

AT‑1View

Clause 4.6 Written Request

7 Pages

 

AT‑2View

Draft Conditions of Consent

16 Pages

 

 

 


ATTACHMENT 1

Clause 4.6 Written Request

 

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ATTACHMENT 2

Draft Conditions of Consent

 

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Lane Cove Local Planning Panel Meeting 10 December 2019

33 Greenwich Road, Greenwich

 

 

Subject:          33 Greenwich Road, Greenwich    

Record No:    DA19/103-01 - 67184/19

Division:         Environmental Services Division

Author(s):      Henry  Burnett 

 

 

 

Property:

33 Greenwich Road, Greenwich

Lot 1 DP 1135033

DA No:

DA103/2019

Date Lodged:

9 August 2019

Development Cost:

$29,148,097.00

Capital Investment Value:

$26,498,270.00

Owner:

Stamen Greenwich Property Pty Ltd

Applicant:                     

Stamen Greenwich Property Pty Ltd

 

Description of Proposal

Residential Care Facility

Zone

R2 Low Density Residential

Permissibility

Yes, SEPP (Housing for Seniors or People with a Disability) 2004

Notification

The proposal was notified in accordance with Council policy and nineteen (19) submissions were received.

 

REASON FOR REFERRAL

 

The proposal is referred to Lane Cove Local Planning Panel for consideration and determination under the following criteria:

 

·          Nineteen (19) submissions have been received by way of objection.

·          A variation of greater than 10% is proposed to a development standard within an environmental planning instrument

 

EXECUTIVE SUMMARY

 

The Development Application is for the demolition of an existing boarding house known as Greenwich Village Accommodation and construction of a residential care facility pursuant to SEPP (Housing for Seniors or People with a Disability) 2004.

 

The proposed residential care facility comprises two basement levels with parking for 25 vehicles and residential/staff services, three storeys of residential care with a total of 92 beds, and a rooftop communal recreation area. The site is a corner allotment and the proposal would present primarily as two storeys to Greenwich Road and River Road and is provided with a maximum two storey transition zone to adjoining properties.

 

The proposal complies with the provisions of SEPP (Housing for Seniors or People with a Disability) 2004 with the exception of building height and at-grade landscaped area. The proposal was accompanied by a Clause 4.6 request to vary the building height standard which is considered satisfactory and well-founded. The proposal provides for substantial building separation, steps the building with the topography of the site, minimises height in transition zones to either single or two storey and provides for a high-quality landscape setting to soften the built-form.

 

The proposal was notified in accordance with Council policy and nineteen (19) submissions were received. The submissions relate to various maters including but not limited to traffic, bulk and scale, character, landscaping and stormwater/groundwater disposal. The submissions are summarised and addressed in the report.

 

The applicant has provided for substantial improvements compared to previous designs. Notwithstanding, the subject proposal has been assessed as a new Development Application on its own merits and the proposed design should be commended for its large setbacks and other measures taken to fit within its low density residential setting. The applicant has also been responsive to Council design amendment requests including improving the two storey interface to Stella Vista Place as detailed in the report.

 

The Development Application is recommended for approval subject to draft conditions of consent.

 

SITE

 

The site is legally described as Lot 1 DP 1135033 with a street address of 33 Greenwich Road, Greenwich and total site area of 4,290m2. The site is a corner allotment with frontage to Greenwich Road and River Road West. The property is located on the southern side of River Road West and on the western side of Greenwich Road.

 

The site is irregular in shape with a frontage to River Road of 49.525m, Greenwich Road of 74.665m, the southern boundary with 35 Greenwich Road of 67.81m and an irregular non-linear western boundary of approximately 86.14m.

 

The subject site is currently occupied by an existing four storey boarding house known as ‘Greenwich Village Accommodation’. The property is bounded by existing vegetation and trees to the perimeter of the site and vehicular access to the property is provided from Greenwich Road.

 

The subject site adjoins a heritage item of local significance to the south – 35 Greenwich Road, Greenwich. Directly to the west of the site are dwelling houses located on Stella Vista Place.

 

Figure 1: Subject Site

PREVIOUS APPROVALS/HISTORY

 

Date

Description

15/03/2007

Development Consent DA225/2005 was granted by the Land and Environment Court to a proposal for subdivision of the site into 7 allotments with associated demolition and tree removal. This subdivision created the properties adjoining the subject site known as 1, 3, 5, 7, 9 & 11 Stella Vista Place.

 

28/02/2018

Development Application DA130/2017 approved under Delegated Authority for a change of use from a boarding house to a 92 bed residential aged care facility including associated alterations and additions to, and refurbishment of the existing building.

 

30/11/2018

Development Application DA158/2018 withdrawn by the applicant for demolition of an existing boarding house and construction of a 92-bed residential age care facility.

 

 

PROPOSAL

 

The Development Application is for the demolition of the existing four storey boarding house known as ‘Greenwich Villa Accommodation’ and construction of a residential care facility pursuant to SEPP (Housing for Seniors or People with a Disability) 2004.

 

The proposed residential care facility comprises two basement levels including 25 car parking spaces and residential services, and three levels of residential suites comprising a total of 92 rooms. A description of each level is provided as follows:


 

 

Level

Description

Basement 2

·          25 car parking spaces including one accessible space;

·          Loading bay and garbage store; and

·          Residential and operational storage areas.

Basement 1

·          Kitchen and laundry service areas and staff room/offices;

·          Residential health services (e.g. rehabilitation gym); and

·          Residential amenities (e.g. movie room, hairdresser, music lounge).

Ground

·          Entry foyer;

·          29 residential care suites;

·          Café

·          Storage rooms (e.g. linen store, mattress store); and

·          Access to central courtyard, terrace area and landscaping. 

Level 1

·          36 residential care suites;

·          Common outdoor terrace area; and

·          Common lounge area.

Level 2

·          36 residential care suites; and

·          Com