AGENDA - LPP
Meeting: Georges River Local Planning Panel (LPP)
Date: Thursday, 16 August 2018
Time: 4.00pm
Venue: Dragon Room, Georges River Civic Centre, corner MacMahon and Dora Streets, Hurstville
Panel Members: Adam Seton (Chairperson)
Michael Leavey (Expert Panel Member)WWW.GEORGESRIVER.NSW.GOV.AU.
John Brokchoff (Expert Panel Member)WEBSITE: RIVER
George Vardas (Community GEORGESRepresentative) THE
VISIT Council Staff: Meryl Bishop (Director EnvironmentPLEASE and Planning)
DOCUMENT Ryan Cole (Manager Development and Building) OFFICIAL
THE Cathy Mercer FOR(Team Leader DA Adminstration) PAPER.
Monica WernejBUSINESS (DA Admn Assistant)
COUNCIL RIVER GEORGES
THE OF COPY
PRINTED 1. On Site InspectionsA - 1.00pm – 3.30pm IS a) 954-956 ForestTHIS Road Lugarno b) 22 Wyong Street Oatley c) 85-87 Railway Parade Mortdale
Break - 3.30pm
2. Public Meeting – Consideration of Items 4.00pm – 6.00pm
Public Meeting Session Closed - 6.00pm (Break – Light Supper served to Panel Members) Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 2
3. Reports and LPP Deliberations in Closed Session - 6.30pm
LPP030-18 954 – 956 Forest Road Lugarno - DA2016/0104 (Report by Development Assessment Officer)
LPP031-18 22 Wyong Street Oatley - DA2017/0605 (Report by Team Leader Development Assessment)
LPP032-18 85-87 Railway Parade Mortdale - DA2017/0398
(Report by Independent Assessment)
4. Confirmation of Minutes by Chair
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REPORT TO GEORGES RIVER COUNCIL LPP MEETING OF THURSDAY, 16 AUGUST 2018
Development LPP Report No LPP030-18 DA2016/0104 Application No Site Address & Ward 954 – 956 Forest Road Lugarno Locality Peakhurst Ward Proposed Development Demolition of an existing dwelling, construction of three single dwellings, construction of an attached dual occupancy, ancillary swimming pools, Torrens title subdivision Owners Mr B Ghrayche Applicant Mr B Ghrayche Planner/Architect GAT and Associates (Planner) Nexus Architecture (Architect) Date Of Lodgement 6/05/2016 Submissions Two (2) submissions received Cost of Works $1,750,000.00 Local Planning Panel Variation to Building Height Development Standard exceeding
Criteria 10% WWW.GEORGESRIVER.NSW.GOV.AU.
List of all relevant s.4.15 Environmental Planning and AssessmentWEBSITE: Regulation 2000, State matters (formerly Environmental Planning Policy RIVERNo 55 – Remediation of Land, s79C(1)(a)) State Environmental PlanningGEORGES Policy BASIX 2004, Greater THE
Metropolitan Regional EnvironmentalVISIT Plan No 2 – Georges River
Catchment, PLEASE Hurstville Local Enviornmental Plan 2012, Hurstville DOCUMENT Development Control Plan No 1 - LGA Wide OFFICIAL List all documents Survey, Site Plan,THE FOR submitted with this Architectural Plans, PAPER. report for the Panel’s Landscape Plan, consideration ConceptBUSINESS Drainage Plan Report prepared by DevelopmentCOUNCIL Assessment Officer RIVER
GEORGES
THE Recommendation OF That the application be refused in accordance with the reasons COPY stated in the report. PRINTED A IS THIS Summary of matters for consideration under Section 4.15 Have all recommendations in relation to relevant s4.15 matters Yes been summarised in the Executive Summary of the assessment report? Legislative clauses requiring consent authority satisfaction Yes Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant recommendations summarised, in the Executive Summary of the assessment report? Clause 4.6 Exceptions to development standards If a written request for a contravention to a development Yes - Building Height standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?
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Special Infrastructure Contributions Does the DA require Special Infrastructure Contributions Not Applicable conditions (under s7.24)? Conditions Have draft conditions been provided to the applicant for No, application comment? recommended for refusal
Site Plan
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PAPER. Executive Summary BUSINESS Site and Locality COUNCIL RIVER 1. The subject site consists of Lots 37 and 38 in DP 21651 commonly known as 954-956 GEORGES Forest Road, Lugarno, TheTHE site currently contains an existing dwelling house with ancillary OF
structures such as shedsCOPY and a garage forward of the building line.
PRINTED A IS
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WWW.GEORGESRIVER.NSW.GOV.AU. 2. The site is located on the western side of Forest Road between Ulster Street to the north WEBSITE:
and Cypress Drive to the south. The site immediately adjoinsRIVER Salt Pan Creek to the rear.
GEORGES 3. The site has a total area of 3996sqm and thereTHE is combination of two (2) existing allotments. VISIT PLEASE
4. The site provides Forest Road with frontageDOCUMENT of 15.24m frontage whilst the northern side boundary is 301m in length and the southernOFFICIAL side boundary is 216m. THE FOR Proposal PAPER. 5. The development application (DA)BUSINESS seeks development consent for demolition of an
existing dwelling, constructionCOUNCIL of three single dwelling’s, construction of an attached dual occupancy, ancillary swimmingRIVER pools, Torrens title subdivision GEORGES THE Zoning and Permissibility OF 6. The Hurstville planningCOPY controls are applicable to the assessment of this application. PRINTED A The proposed IS development has been assessed against the applicable relevant planning controls. A clauseTHIS 4.6 Variation has been provided seeking to allow an exceedance to the building height standard for the dual occupancy. This variation is not supported.
7. The subject site zoned as R2 Low Density Residential and RE1 Public Recreation under the Hurstville Local Environmental Plan 2012. This is shown graphically in the diagram below:
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GEORGES 8. All development works are located within the R2THE Low Density Residential. Under the HLEP 2012 provisions both “subdivision”, “dwellingVISIT houses” and “dual occupancy” forms of development are permissible subject to developmentPLEASE consent.
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Submissions OFFICIAL THE
9. The application was notified/advertisedFOR to residents/owners in accordance with HDCP
No 1 requirements; in response,PAPER. two (2) submissions were received. The amended
plans did not generate a greaterBUSINESS environmental impact than the original proposal and did not necessitate re-notification. COUNCIL
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Conclusion GEORGES
THE 10. That the application OFcannot be supported for the reasons contained within this report. COPY
PRINTED Report in Full A IS THIS Proposal 11. The development application seeks consent for:
Demolition of existing single storey fibro dwelling and all ancillary outbuilding;
Dwelling 1 (DW1)
Two storey dwelling house (5 bedrooms), double garage with swimming pool Ground floor: double garage, bathroom, entry, kitchen, family, dining, living, front veranda, rear veranda; First floor: four bedrooms, two bathrooms, two front balconies and rear balcony; Swimming pool;
Dwelling 2 (DW2)
Two storey dwelling house (5 bedrooms), double garage with swimming pool
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Ground floor: double garage, entry, dining, living, kitchen, two bathrooms, two bedrooms, rear balcony; Lower ground floor: two bedrooms, storage, study, two bathrooms, rumpus; Swimming pool;
Dwelling 3 (DW3)
Part two – three storey dwelling house (5 bedrooms) with double garage Garage floor plan: double garage, media/study, bathroom; Lower ground floor plan: three bedrooms, two bathrooms, rumpus, balcony; Ground floor plan: living room, dining, kitchen, entry, two bathrooms, laundry, rear balcony;
Dwelling 4-5 (attached dual occupancy) (DW4 and DW5)
Stepped attached dual occupancy (5 bedrooms each), double garage (for each occupancy) Entry/roof level: double garage, entry, lift; Level 1: family room, bathroom, bar, utility room, terrace; WWW.GEORGESRIVER.NSW.GOV.AU. Level 2: lounge room, dining, kitchen, two bedrooms, media/study, bathroom, two WEBSITE:
balconies; RIVER Level 3: two bedrooms, two bathrooms, rear terrace; GEORGES THE Subdivision VISIT PLEASE 4 lot Torrens Title Subdivision inclusive of 3 x allotments 550sqm (accommodating a dwelling each)DOCUMENT and rear allotment (accommodating the attached dual occupancy); OFFICIAL THE FOR Right of carriageway, drivewayPAPER. along northern side boundary with width of 3m; BUSINESS Associated landscapeCOUNCIL and building works RIVER Amended proposal GEORGES THE Additional swimmingOF pool details provided for DW1 and DW2; COPY
RealignmentPRINTED of driveway and passing bays along northern side boundary; A IS THIS COMPLIANCE AND ASSESSMENT 12. The subject site has been inspected and proposal assessed under the relevant Section 4.15 "Matters for Evaluation" of the Environmental Planning and Assessment Act 1979 (as amended) as follows:
Environmental Planning Instruments
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012 (As amended Rev 6 Aug 16) 13. The extent to which the proposed development complies with the Hurstville Local Environmental Plan 2012 is detailed and discussed in the table below.
Clause Standard Assessment Under Complies HLEP 2012 Part 2 – Permitted R2 Low Density Zone The development is or Prohibited defined as subdivision, Development dwelling house and dual
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occupancy.
Dual occupancies are Yes permissible in the zone
Dwelling House x 3 Yes permissible
Subdivision permitted Yes under Clause 2.6 of LEP.
RE1 Public Recreation No construction works Yes proposed in the part of the site zoned RE1 Public Recreation. Subdivision permitted under Clause 2.6 of LEP. Objectives of the Zone The proposal fails to meet No the objectives of the zone as the developmentsWWW.GEORGESRIVER.NSW.GOV.AU. height, level of cut &WEBSITE: fill and failure to provideRIVER compliant private open spaceGEORGES areas will not THE
ensureVISIT that a high level of
residentialPLEASE amenity is achieved and maintained. DOCUMENTNor will it encourage greater OFFICIAL visual amenity through THE FOR maintaining and enhancing PAPER. landscaping as a major
BUSINESS element in the residential environment. COUNCIL
4.1 Minimum Land identifiedRIVER as “K” Lots 1-3: 550sqm Yes
Subdivision Lot on lotGEORGES size map which
THE Size prescribesOF a minimum allotmentCOPY size 550sqm
PRINTED 4.1A – Minimum A Dual occupancy – Applicable to the rear of Yes IS lot size for dual THIS 630sqm if land identified the site - Land is identified occupancies as “G” on lot size map; as “k” on the lot size map 1000sqm if land which requires 1000sqm identified as “k” on lot of site area. Dual size map; occupancy = 2350sqm (inclusive of access handle comprising of 396sqm) 4.1B – Exception Subdivision may be Whilst the proposal seeks N/A to minimum sizes granted if there is a dual consent for a 2 into 4 lot for dual occupancy and after the Torrens title subdivision, occupancies subdivision there will subdivision of the only be 1 dwelling per proposed dual occupancy lot development is not sought at this stage. However the 2350sqm (inclusive of access
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handle comprising of 396sqm) site area for the proposed dual occupancy lot would be able to occur at a later date (subject to the current control remaining unchanged). 4.3 – Height of 9m as identified on DW1: 7.8m Yes Buildings Height of Buildings Map DW2: 7.8m Yes DW3: 8.41m Yes
DW4-5: Range 9m – No 14.5m 4.4 – Floor Space 0.6:1 as identified on When calculated in Ratio Floor Space Ratio Map accordance with C4.5 of the LEP, the development AND results in an FSR as follows: 4.5 – Calculation WWW.GEORGESRIVER.NSW.GOV.AU. of floor space ratio DW1 – 3: 0.55:1 Yes WEBSITE:
and site area RIVER DW4-5: 0.37.3:1 Yes GEORGES Clause 4.6 Clause 4.6 Variation to ClauseTHE 4.6 Variation to No. Variation Clause 4.3 – Height of ClauseVISIT 4.3 – Height of (See PLEASE Buildings to be provided Buildings. Development addition for consideration DOCUMENTStandard 9m, proposal assessment OFFICIAL seeks maximum height of below) THE FOR 14.5m 5.9 – Preservation Trees to be removedPAPER. See assessment under Yes of Trees or are specifiedBUSINESS in DCP DCP1 below, supported
Vegetation No.1 COUNCIL by Arborist report and RIVER Tree Management Officer 6.4 – Foreshore ObjectivesGEORGES of clause to The proposed Yes THE Scenic Protection be OFsatisfied development is generally COPY Area (FSPA) consistent with the PRINTED A IS objectives of clause 6.4 6.5 – Gross FloorTHIS Gross floor area 0.55:1 DW1 – DW3: 0.55:1 for Yes Area of Dwellings maximum for dwelling each dwelling in residential zones 6.7 – Essential Development consent Essential services are Yes Services must not be granted to available to the development unless development with services that are appropriate conditions essential for the being able to be applied if development are consent were to be available granted.
(1) Height of Buildings 14. Under the provisions of the Hurstville LEP, Clause 4.3 – Height of Buildings stipulates a height control of 9 metres measures from ground level existing for the subject site.
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As detailed in the above table, Dwellings 1 – 3 are compliant with this control and no further consideration under Clause 4.6 is required. However the proposed Dual Occupancy development (being referred to as Dwellings 4 and 5) proposes a height range of 9m – 14.5m. This is shown graphically in the submitted elevation plan below:
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GEORGES The applicant seeks aTHE variation to the Building Height Development Standard under OF
Clause 4.6 – ExceptionsCOPY to Development Standards of Hurstville Local Environmental Plan
2012. The statementPRINTED has been prepared by the applicant’s Planning consultant, GAT and A Associates (datedIS April 2016) and is attached to this report. THIS
Clause 4.6 stipulates the following:
(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.
(2) 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.
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(3) 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.
(4) 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 (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and (b) the concurrence of the Secretary has been obtained. WWW.GEORGESRIVER.NSW.GOV.AU.
(5) In deciding whether to grant concurrence, the SecretaryWEBSITE: must consider: RIVER (a) whether contravention of the development standard raises any matter of GEORGES significance for State or regional environmentalTHE planning, and (b) the public benefit of maintaining theVISIT development standard, and (c) any other matters required to bePLEASE taken into consideration by the Secretary before granting concurrence.DOCUMENT
OFFICIAL THE …” FOR PAPER.
In addressing the above LEP provision,BUSINESS consideration of the applicants request is outlined
below: COUNCIL RIVER
“Clause 4.6 – ExceptionsGEORGES to Development Standards THE (1) The objectivesOF of this clause are as follows: (a) to provideCOPY an appropriate degree of flexibility in applying certain development
PRINTED A standardsIS to particular development, (b) toTHIS achieve better outcomes for and from development by allowing flexibility in particular circumstances.”
Planning consultant comment: “As detailed in this written request for a variation to the maximum height of a building being a development standard under the Hurstville LEP 2012, the proposed development meets the requirements prescribed under Clause 4.6 of the Hurstville LEP 2012.”
…
The use of Clause 4.6 to enable an exception to this development control is appropriate in this instance and the consent authority may be satisfied that all requirements of Clause 4.6 have been satisfied in terms of merits of the proposed development and the content in this Clause 4.6 variation request report.”
DAO comment: Council acknowledges the applicants ability to seek a variation to the development standard to enable flexibility, however this is subject to meeting a number of
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stipulated preconditions including that the development standard is unreasonable or unnecessary in the circumstances of the case, and that there are sufficient environmental planning grounds to justify contravening the development standard.
(2) “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.”
DAO comment: The exception is sought under subclause (1) to the maximum building height controls of the Hurstville Local Environmental Plan 2012. Clause 4.3 is not excluded from the operation of this clause.
(3) “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 WWW.GEORGESRIVER.NSW.GOV.AU. unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planningWEBSITE: grounds to justify RIVER contravening the development standard.” GEORGES THE Planning consultant comment: ‘As noted above,VISIT Clause 4.3 of the Hurstville LEP 2012 states that the subject land is subject to a maximumPLEASE height of 9 metres. DOCUMENT
Houses 1, 2 and 3 have all been designedOFFICIAL within the 9m height control. THE FOR Houses 4 and 5 will provide for a maximumPAPER. building height of 14.5m as measured to the
top of the lift overrun. BUSINESS
COUNCIL With respect to Houses 4 andRIVER 5 the non-compliance is considered to be a consequence of
the natural fall of the land.GEORGES The subject site falls sharply from east to west as shown on the THE submitted Site Plan, fromOF RL 43.15 at the centre of the front boundary and RL 9.02 at the rear of Houses 4 andCOPY 5. This represents a drop of 34.13 metres across the site. We
PRINTED A respectfully submitIS that the proposed variation is a result of the topography of the site rather than anTHIS overdevelopment of the site. This is evident through compliance with Council’s floor space ratio and landscaped are controls.
The proposed variation from the development standard is assessed against the accepted “5 Part Test” for the assessment of a development standard variation established by the NSW Land and Environment Court in Wehbe vs Pittwater Council (2007) LEC 827.
In the matter of Four2Five, the Commissioner stated within the judgement the following, in reference to a variation:
“…the case law developed in relation to the application of SEPP 1 may be of assistance in applying Clause 4.6. While Wehbe concerned an objection under SEPP 1, in my view the analysis is equally applicable to a variation under Clause 4.6 where Clause 4.6 (3)(a) uses the same language as Clause 6 of SEPP 1.”
It is therefore our submission that the Wehbe test is of relevance in the consideration of a standard to determine whether or not it is unreasonable or unnecessary in the
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circumstances of the case and it is evident in the Four2Five matter, the above test is relevant. As detailed within this section, a variation is considered to provide for a better planning outcome.
In the decision of Wehbe vs Pittwater Council (2007) LEC 827 , Chief Justice Preston expressed the view that there are five (5) different ways in which an objection may be well founded and that approval of the objection may be consistent with the aims of the policy. This attributes to determining whether compliance with the standard is unreasonable or unnecessary in the circumstances of the case as set out below:
First The most commonly invoked way is to establish that compliance with the development standards is unreasonable or unnecessary because the objectives of the development standard are achieved notwithstanding non - compliance with the standard.
The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. If the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary and WWW.GEORGESRIVER.NSW.GOV.AU. unreasonable. Second A second way is to establish that the underlyingWEBSITE: objective or purpose is not RIVER relevant to the development with the consequence that compliance is GEORGES unnecessary. THE Third A third way is to establish that the underlyingVISIT objective or purpose would be PLEASE defeated or thwarted if compliance was required with the consequence that compliance is unreasonable DOCUMENT Fourth A fourth way is to establish thatOFFICIAL the development standard has been virtually THE abandoned or destroyed byFOR the Council’s own actions in granting consents departing from the standardPAPER. and hence compliance with the standard is unnecessary and unreasonableBUSINESS
Fifth A fifth way is to establishCOUNCIL that “the zoning of particular land” was “unreasonable or inappropriate” soRIVER that “a development standard appro priate for that zoning was also unreasonableGEORGES or unnecessary as it applied to that land” and that THE “compliance OF with the standard in that case would also be unreasonable or COPY unnecessary PRINTED A IS The following discussionTHIS is provided in response to each of the above:
i. the objectives of the standard are achieved notwithstanding non - compliance with the standard;
The objectives supporting the maximum height of buildings control identified in Clause 4.3 are discussed below. Consistency with the objectives and the absence of any environmental impacts, would demonstrate that strict compliance with the height standard would be both unreasonable and unnecessary in this instance. The discussion provided below demonstrates how the proposal is consistent with the objectives of Clause 4.3.
The development as proposed will be in the public interest as it is consistent with the objectives of the development standard (being Clause 4.3), which are as follows:
(1) The objectives of this clause are as follows: (a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of
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the locality, (b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets and lanes, (c) to minimise the adverse impact of development on heritage items, (d) to nominate heights that will provide a transition in built form and land use intensity, (e) to establish maximum building heights that achieve appropriate urban form consistent with the major centre status of the Hurstville City Centre, (f) to facilitate an appropriate transition between the existing character of areas or localities that are not undergoing, and are not likely to undergo, a substantial transformation, (g) to minimise adverse environmental effects on the use or enjoyment of adjoining properties and the public domain.
The proposed semi-detached dwellings are considered to be complementary to the height, bulk and scale of the locality. Both of the proposed dwellings have been designed well within the maximum floor space ratio achievable for the site, and provide for substantial landscaping on the site particularly to the rear setback. In this regard, the proposed dwellings do not represent an overdevelopment of the site rather it is the significant slope of the land that has resulted in the numerical non-compliance with building height.
WWW.GEORGESRIVER.NSW.GOV.AU. As detailed above, the site falls from east to west with a notable 34m change in level. The change in topography is notably more pronounced in theWEBSITE: location of Houses 4 and 5 as RIVER the site nears the foreshore. However specific regard has been made to ensure that the GEORGES dwellings do not appear as dominant elements toTHE the foreshore, with a rear setback of between 62 – 74 metres proposed. This area willVISIT be landscaped, complementing the RE1 zoning to the rear boundary of the site and softeningPLEASE the appearance of the built form. DOCUMENT
Although the proposed semi-detached dwellingsOFFICIAL will exceed the rear building alignment of THE adjoining properties, the bulk of these FORdwellings are focused to the front section of the built form, with the rear portion of the dwellingsPAPER. more substantially stepped in its height and
includes the terrace projections ratherBUSINESS than solid building elements.
COUNCIL As acknowledged above, anRIVER area of land to the rear of the site is zoned RE1 and will not
be altered by this proposal.GEORGES As such, the development will not adversely impact marine THE habitats or the like. OF COPY
PRINTED A In terms of views,IS the development has been stepped in height and articulated at each level through theTHIS use of glazing and varied projections. As a result, the proposal will not obstruct views to the Georges River from adjoining properties.
With regards to privacy, where windows are proposed to a side boundary, they have been setback a minimum distance of 1500mm from the boundary and offset. The northern access handle provides for increased separation between the proposed dwellings and the neighbouring property. The dwellings include blade walls along the terraces to ensure privacy is maintained between the two dwellings, given their semidetached nature. The proposed balustrades are to be constructed using glass, and will be transparent, ensuring visual bulk is minimised. It is not considered that the variation will result in adverse impacts to the adjoining properties, and will not compromise the architecture of the dwellings. A degree of flexibility is considered reasonable in this instance.
The proposal will result in additional overshadowing to the southern neighbour. It is considered that the proposed overshadowing is not substantially different to the approved dual occupancy approved by Council in 2014. We respectfully submit that the overshadowing is a result of the orientation of the site.
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The site is not listed as an item of heritage, nor is the site located within the vicinity of a heritage item.
As detailed above, the proposed height of the dwellings is considered to be consistent with the multi-level character of dwellings along the foreshore.
It is considered that this submission provides sufficient environmental planning grounds to justify contravening the development standard. As demonstrated, the objectives of the standard have been achieved.
ii. the underlying objective or the purpose of the standard is not relevant to the development and therefore compliance is unnecessary;
The underlying objective or purpose of the standard is relevant to the development and is achieved as outlined in (i) above. Therefore this clause is not applicable.
iii. the underlying objector purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable; WWW.GEORGESRIVER.NSW.GOV.AU.
Not applicable as the underlying objective or purpose wouldWEBSITE: not be defeated or thwarted if RIVER compliance was required. GEORGES THE iv. the development standard has been virtually abandonedVISIT or destroyed by the Council’s own actions in granting consents departing fromPLEASE the standard and hence compliance with the standard is unnecessary and unreasonable;DOCUMENT and
OFFICIAL THE While the standard has not been abandonedFOR or destroyed, Hurstville Council has varied LEP standards in the past. PAPER.
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v. the zoning of the land is COUNCIL unreasonable or inappropriate s o t h a t a development standard appropriate for thatRIVER zoning is also unreasonable and unnecessary as it applies to
the land and complianceGEORGES with the standard would be unreasonable or unnecessary. That THE is, the particular parcelOF of land should not have been included in the particular zone. COPY
PRINTED A Not applicable asIS the zoning of the site is appropriate. THIS Are there Sufficient Environmental Planning Grounds? The assessment above and shown throughout the Statement of Environmental Effects demonstrates that the resultant environmental impacts of the proposal will be satisfactory.
As stated, due to the topography of the site, the overall height of the building breach varies between 5.5m for Houses 4 and 5, as measured to the top of the lift overrun. Houses 1, 2 and 3 are compliant with the control.
As stated, the development satisfies the objectives of the height control. While there is a breach to the height limits, the development has shown that it would not create any loss of privacy or views as a result. The number of storeys and envelope of the development is of a respectable nature that is consistent with multi-level dwellings on the foreshore. The breach in height is also exacerbated by the slope of the site.
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The proposed dwellings have been stepped in their design to respond to the significant changes in topography to minimise their massing as viewed from the foreshore and to enable view lines to be retained from neighbouring properties.
The proposal retains a large area of landscaping on the site, including three large trees within the rear setback which will partially screen the development from view, reducing the perceived height of the building.
The proposed semi-detached dwellings (Houses 4 and 5) will exceed the rear building alignment of the adjoining properties, however the bulk of the dwellings has been focused to the front of the site with the rear portion of the dwellings more substantially stepped in its height and includes open terrace projections rather than solid building elements.
As demonstrated the proposal is compliant with the floor space ratio and open space controls prescribed by Council.
The proposal will not result in any adverse amenity impacts to adjoining properties in terms of overshadowing or privacy. A variation is therefore considered to be reasonable in this instance. WWW.GEORGESRIVER.NSW.GOV.AU.
In this case, strict compliance with the development standardWEBSITE: for the height of buildings in RIVER the Hurstville LEP 2012 is unnecessary and unreasonable.” GEORGES THE DAO Comment: The detailed submission by the VISITapplicant is acknowledged, however not concurred with. It is considered that the providedPLEASE variation request does not adequately justify the proposed extent of variation ofDOCUMENT up to 61%. The proposal is able to the
redesigned to better reflect the sites topographyOFFICIAL whilst reducing the buildings bulk and THE scale. FOR PAPER.
As such, it is considered that theBUSINESS proposed application of the development standard is both
reasonable and necessary to applyCOUNCIL in the circumstances of the case. RIVER
Furthermore, there haveGEORGES not been sufficient environmental planning grounds provided to THE justify contravening theOF development standard.” COPY
PRINTED A (4) “DevelopmentIS consent must not be granted for development that contravenesTHIS 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 (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and (b) the concurrence of the Director-General has been obtained.”
Planning consultant comment: “Clause 4.6 states that the development consent must not be granted for development that contravenes a development standard unless the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is to be carried out.
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It is considered that this submission provides sufficient environmental planning grounds to justify contravening the development standard under Part 4.
The development as proposed will be in the public interest as it is consistent with the objectives of the development standard (being Clause 4.3), as detailed under Point 3(i) of this submission.
Furthermore, it is important to also consider the objectives of the R2 Low Density Residential zone in relation to the development, which are as follows:
1 Objectives of zone
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 encourage development of sites for a range of housing types, where such development does not compromise the amenity of the surrounding area, or the natural or cultural heritage of the area. WWW.GEORGESRIVER.NSW.GOV.AU. To ensure that a high level of residential amenity is achieved and maintained. WEBSITE:
To encourage greater visual amenity throughRIVER maintaining and enhancing
landscaping as a major element in the residentialGEORGES environment. To provide for a range of home business activitiesTHE where such activities are not VISIT
likely to adversely affect the surroundingPLEASE residential amenity.
In response to the above the following is provided:DOCUMENT OFFICIAL THE The proposal provides for increasedFOR residential accommodation on the site, including detached and semi-detached dwellingsPAPER. which are characteristic of the low density environment. Several townhouseBUSINESS developments exist further to the south of the subject site. COUNCIL RIVER
GEORGES
The proposal does not includeTHE any other land uses. OF COPY The proposed dwellings include a mix of two, three and five level dwellings including PRINTED A detached and semi-detachedIS dwellings. The proposed dwellings have been designed to THIS comply with Council’s floor space ratio control and provide for good landscaping and open space recreation areas.
The proposed landscaped areas include a mix of shrub and tree plantings, with specific regard made to ensure sight lines will not be obscured along the driveway. It is acknowledged that an area of land to the rear of the site is zoned RE1 and will not be altered by this proposal. As such, the development will not adversely impact marine habitats or the like.
6. Public Benefit of Maintaining the Standard It is considered that the public benefit will not be undermined by varying the standard. The development retains the two storey residential dwelling on site with majority of the additions located on the ground floor and towards the outdoor private open spaces.
The built form is considered to be consistent with the character of the R2 zoning applying to the site, respecting the low density character of the area and foreshore.
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 18
It is not considered that the variation sought raises any matter of significance for State or regional environmental planning.
The departure from the maximum height of buildings control within the Hurstville LEP 2012 allows for the orderly and economic use of the site in a manner which achieves the outcomes and objectives of the relevant planning controls.
7. Is the Variation Well Founded? It is considered that this has been adequately addressed in Parts 4 and 5 of this submission. In summary, this Clause 4.6 Variation is well founded as required by Clause 4.6 of the Hurstville LEP 2012 in that:
Compliance with the development standard would be unreasonable and unnecessary in the circumstances of the development; There are sufficient environmental planning grounds to justify the departure from the standard; The development meets the objectives of the standard to be varied (the height of buildings), as well as the objectives of the E4 Environmental Living zoning of the WWW.GEORGESRIVER.NSW.GOV.AU. land; WEBSITE:
The proposed development is in the public interestRIVER and there is no public benefit in maintaining the standard; GEORGES The breach does not raise any matter of StateTHE of Regional Significance; and VISIT
The development submitted generally alignsPLEASE with Council’s Development Control Plan. DOCUMENT OFFICIAL Based on the above, the variation is consideredTHE to be well founded.” FOR DAO comment: The applicant hasPAPER. submitted a written request, as such the proposed variation can be considered. BUSINESS COUNCIL Notwithstanding, the proposedRIVER exceedances are not considered to be in the public
GEORGES
interest. THE OF COPY In addition, the proposal does not satisfy the objectives of the zone as the developments PRINTED A height, level of cutIS & fill and failure to provide compliant private open space areas will not THIS ensure that a high level of residential amenity is achieved and maintained. Nor will it encourage greater visual amenity through maintaining and enhancing landscaping as a major element in the residential environment.
(5) “In deciding whether to grant concurrence, the Director-General must consider: (a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and (b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Director-General before granting concurrence.”
DAO comment: The proposed variation does not raise any matter of significance for state or regional environmental planning. The proposed variation is site specific and there is no specific benefit in maintaining the development standard in this instance. There are no
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 19
matters to be taken into consideration by the Director-General before granting concurrence.
(6) “Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if: (a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or (b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note. When this Plan was made it did not include Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living.”
WWW.GEORGESRIVER.NSW.GOV.AU. DAO comment: The application does not include subdivision in any of the prescribed zones. WEBSITE: RIVER
GEORGES (7) “After determining a development applicationTHE made pursuant to this clause, the consent authority must keep a VISIT record of its assessment of the factors required to be addressed in the PLEASE applicant’s written request referred to in subclause (3).” DOCUMENT
OFFICIAL THE DAO comment: A record is kept of theFOR assessment of the application and details relating to the variation sought. PAPER.
BUSINESS
(8) “This clause doesCOUNCIL not allow development consent to be granted for development thatRIVER would contravene any of the following:
(a) a developmentGEORGES standard for complying development, THE (b) a developmentOF standard that arises, under the regulations under the Act,COPY in connection with a commitment set out in a BASIX certificate for
PRINTED A IS a building to which State Environmental Planning Policy (Building THIS Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated, (c) clause 5.4.”
DAO comment: The application satisfies this requirement as: The development proposed is not complying development. A BASIX certificate has been issued for the proposal. Clause 5.4 of the Hurstville Local Environmental Plan does not apply to the proposal.’
STATE ENVIRONMENTAL PLANNING INSTRUMENTS 15. Compliance with the relevant state environmental planning policies is detailed and discussed in the table below.
State Environmental Planning Policy Complies Greater Metropolitan Regional Environmental Plan No 2 – Georges River Yes
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 20
Catchment – proposal seeks to drain to rear and if consent were to be granted appropriate conditions of consent could be imposed. State Environmental Planning Policy 55 – Remediation of Land Yes Rear: allotment previously vacant, Front of site: contains an existing dwelling State Environmental Planning Policy (Vegetation in non-rural areas) 2017 Yes
State Environmental Planning Policy (Building Sustainability Index BASIX) Yes 2004 – valid Basix certificate provided DW1: 718190S dated 29 April 2016 DW2: 719284S dated 29 April 2016 DW3: 719288S dated 29 April 2016 DW4: 719404S dated 29 April 2016 DW5: 719584S dated 29 April 2016
BASIX commitments appropriately notated on plans Yes
Draft Environmental Planning Instruments 16. There are no draft environmental planning instruments that apply to the development WWW.GEORGESRIVER.NSW.GOV.AU. application. WEBSITE:
RIVER Any other matters prescribed by the Regulations GEORGES 17. The Regulations prescribe the following matters THEfor consideration for development in the VISIT Hurstville Council area: PLEASE
Bushfire Assessment DOCUMENT The site is identified as being bushfireOFFICIAL prone and was referred to the New South Wales THE Rural Fire Service for comment. In FORresponse, comments were received which supported the proposal. If consent were to PAPER.be granted appropriate conditions of consent could be imposed. BUSINESS
COUNCIL Demolition RIVER Safety standards for GEORGES demolition and compliance with AS 2601 - 2001 apply to the THE demolition of any buildingsOF affected by the proposal. If consent were to be granted COPY appropriate conditions of consent could be imposed. PRINTED A IS Development ControlTHIS Plans 18. The proposal has been assessed under the relevant Sections of HDCP Plan No 1 as follows.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.1 VEHICLE ACCESS, PARKING & MANOUVERING 19. The extent to which the proposed development complies with Section 3.1 Vehicle Access, Parking & Manouvering is detailed and discussed in the table below.
It is noted that a traffic certification report prepared by Auswide Traffic Engineers Rev 1.0 dated March 2016 accompanied the application. The traffic report demonstrated adequate turning areas and swept paths B85 and sight lines in accordance with AS2890.1-2004. Council’s Senior Traffic Engineer has not raised any concerns with the application.
Section 3.1 Standard Proposal Complies
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 21
3.1.4.1 - Resident 3 x dwelling house (3+ 6 garage spaces (2 spaces Yes parking bedrooms) = 6 spaces per dwelling house)
1 x dual occupancy = 4 4 garage spaces (carport spaces considered to be an enclosed Yes garage)
Total = 10 10 garage spaces provided Yes 3.1.4.2 – Compliance with To comply with Australian Yes Dimension of car AS2890.1 2004 and Standards. Driveway spaces, car AS2890.2 supported by Council’s Senior parking layout, Traffic Engineer circulation, egress and egress 3.1.4.3 – Finished with plain To be provided as plain Yes Stencilling of concrete concrete driveways 3.1.4.4 – Ramps Ramp grades to comply Compliant with gradients in AS Yes transitions, with AS2890.2 2004, WWW.GEORGESRIVER.NSW.GOV.AU. driveways Part 2 WEBSITE:
RIVER Longitudinal section 1:20 Provided and supported by Yes GEORGES to be provided with Council’sTHE Senior Traffic development application EngineerVISIT PLEASE
DEVELOPMENT CONTROL PLAN NO 1 – LGADOCUMENT WIDE – SECTION 3.2 SUBDIVISION 20. The proposal has been assessed underOFFICIAL the relevant applicable controls as per below. THE FOR Section 3.1 Standard PAPER. Proposal Complies Minimum allotment 550sqm BUSINESS Proposed Lot 1: 550sqm Yes size COUNCIL Proposed Lot 2: 550sqm RIVER Proposed Lot 3: 550sqm GEORGES Proposed Lot 4: 2350sqm THE OF COPY 3m access handle 3.66m PRINTED A ISDual occupancy – R2 Proposed Lot 4: 2350sqm Yes THIS Low Density Residential 1000sqm (Scenic Foreshore Protection Area) Minimum allotment width 15.24m Yes for dwellings and dual occupancies is 15m Battle axe allotment 3 lots Yes maximum number of lots R2 - 6 Newly created allotments Adequate solar access, Yes must demonstrate how vehicular access, setbacks, solar access, vehicular landscape and tree access, setbacks, preservation areas achieved landscaped areas and tree preservation can be
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 22
achieved Roads, Vehicular Requirements to be Compliant with Australian Yes Access and Car satisfied in accordance Standards Parking with Council requirements and Australian Standards Utilities and Utilities and Services to Adequate utilities are Yes Services be provided in available and if consent were accordance with Council to be granted appropriate requirements conditions of consent applied requiring connection.
Drainage Adequate drainage to be Appropriate stormwater Yes provided drainage has been proposed. Overland Flow Paths If the proposal is considered to be worthy of approval Flow of Run-off conditions of consent can be across property applied. WWW.GEORGESRIVER.NSW.GOV.AU. boundaries WEBSITE:
RIVER Control of seepage GEORGES THE Width of VISIT PLEASE Easements Issues of S94 Contributions to DOCUMENTSection 94 Contributions Yes Consideration apply for each additionalOFFICIAL apply to this development THE allotment created by FORland subdivision PAPER. BUSINESS DEVELOPMENT CONTROL PLANCOUNCIL NO 1 – LGA WIDE – SECTION 3.3 ACCESS & MOBILITY 21. This section of the DevelopmentRIVER Control Plan is not applicable to the assessment of this application. GEORGES THE OF COPY DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.4 CRIME PREVENTION PRINTED A THROUGH ENVIRONMENTALIS DESIGN 22. THIS Section 3.4 Standard Proposal Complies Blind Corners To be avoided No blind corners evident given Yes nature of proposal, appropriate sight lines provided
Entrances Clearly visible and not Entrance to each dwelling is Yes confusing visible from the street DW1, other dwelling entrances visible from access handle
Site and -Provide surveillance Natural surveillance of the site Yes building opportunities is available from the dwellings. Layout -Building addresses street Surveillance of street is -Habitable rooms are available from the dwellings directed towards the front where possible.
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 23
of the building -Garages are not dominant -Offset windows Landscaping -Avoid dense medium Landscaping proposed is Yes height shrubs appropriate with adequate -Allow spacing for low landscape planting proposed growing dense vegetation -Low ground cover or high canopy trees around car- parks and pathways -Vegetation used as a barrier for unauthorised access Lighting -Diffused/movement These requirements can be Yes sensitive lighting provided conditions of consent externally -Access/egress points illuminated -No light-spill towards WWW.GEORGESRIVER.NSW.GOV.AU. neighbours WEBSITE:
-Hiding places illuminated RIVER -Lighting is energy efficient GEORGES Building -Clearly numbered House numberTHE requirement Yes Identification buildings can be VISITa condition of consent PLEASE -Entrances numbered -Unit numbers provided at DOCUMENT entry OFFICIAL THE Security Provide an appropriate FOR Appropriate level of security Yes level of security for eachPAPER. provided for the dwellings dwelling and communalBUSINESS
areas COUNCIL Ownership Use of fencing, RIVER Ownership implied given nature Yes landscaping,GEORGES colour and and design of proposal THE finishes toOF imply ownership COPY
PRINTED A DEVELOPMENT CONTROLIS PLAN NO 1 – LGA WIDE – SECTION 3.5 LANDSCAPING 23. This section THISof the Development Control Plan is not applicable to the assessment of this application in relation to the proposed dwelling house development. Consideration of the provisions in relation to the dual occupancy component of the development is detailed as follows:
Section Standard Proposed Complies Street and Development contributes The proposed landscaping will not No neighbourhood to the creation of a reduce the visual impact of the landscape distinct, attractive building given its bulk and height. character landscape character for streets and neighbourhoods Landscaping The size and dimensions The proposed landscaping will not No area and of landscaping areas are reduce the visual impact of the dimensions adequate to minimise the building given its bulk and height. visual impact of buildings
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 24
and structures and provides areas of a high level of utility and amenity Significant trees Development protects An arborist report accompanied Yes and vegetation existing significant trees the development application. and vegetation: Council’s Tree Management Officer supports the proposal subject to the removal of one (1) English Oak and one (1) Blackbutt due to low retention value and life expectancy. One (1) Eucalyptus Tree is at the front of the property is to be retained. However the application is not supported for other reasons.
Front, side and Landscaping in front The proposed development is No rear boundaries setbacks: situated on a battle-axeWWW.GEORGESRIVER.NSW.GOV.AU. allotment
a. integrates the public and therefore will notWEBSITE: impact the and private domain streetscape. RIVER b. is coordinated with the GEORGES THE street planting pattern Notwithstanding,VISIT the proposed
and species landscapingPLEASE will not reduce the c. reduces the visual visual impact of the building given DOCUMENT impact of its bulk and height. OFFICIAL building structures and THE FOR hardstand PAPER.
BUSINESS And COUNCIL RIVER Landscaping alongside GEORGES boundariesTHE reduces the OF
visual impactCOPY of buildings
on adjoiningPRINTED premises A IS Communal & LandscapingTHIS in No communal open space areas Yes Private Open communal open space are proposed. Space and private open space contributes The proposed landscaping will not impact the useability or amenity Car Parks Landscaping reduces the No car park is proposed as part of Not environmental impacts of this application. applicable car parks Landscape Development Landscape Plans have been Yes Plans applications are submitted supported by sufficient detail to demonstrate achievement of the objectives of this chapter Landscaping Landscaping that is There are no identified of areas of Not near areas of located adjacent to areas ecological significance. applicable
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 25 ecological of ecological significance significance protects and strengths the ecological values of the area Landscaping Landscaping within or The NSW RFS have reviewed the Yes near bushfire adjacent to areas that proposed development and not prone areas are bushfire prone raised any objection in this regard. minimise risk or bushfire hazard to people and property Stormwater Landscaping facilitates The landscaping proposed is not Yes management on site stormwater envisaged to impact on the onsite infiltration and does not stormwater management result in significant adverse water quality impacts Maintenance Landscaping areas are Appropriate conditions can be Yes able to be easily imposed if the application is maintained approved requiring maintenanceWWW.GEORGESRIVER.NSW.GOV.AU. of landscaping. WEBSITE: RIVER Safety Landscaping provides for The landscaping proposed is not Yes GEORGES personal and property envisaged toTHE impact on personal safety and propertyVISIT safety PLEASE Utilities Landscaping does not The landscaping proposed is not Yes interfere with the envisagedDOCUMENT to interfere with the OFFICIAL effective functioning of effectiveTHE functioning of utilities utilities FOR PAPER.
DEVELOPMENT CONTROL PLAN NOBUSINESS 1 – LGA WIDE – SECTION 3.6 PUBLIC DOMAIN 24. This section of the DevelopmentCOUNCIL Control Plan is not applicable to the assessment of this RIVER application. GEORGES THE OF
DEVELOPMENT CONTROLCOPY PLAN NO 1 – LGA WIDE - SECTION 3.7 DRAINAGE AND ON-
SITE DETENTION (OSD)PRINTED REQUIREMENTS A 25. Appropriate stormwaterIS drainage has been proposed. If the proposal is considered to THIS be worthy of approval conditions of consent can be applied.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES 26. Dwellings 1-3 located at the front of the site have been assessed as follows.
Section 4.1 Standard Proposed Complies Streetscape Must not diminish the The proposed dwellings are Yes quality of the streetscape considered to be compatible with the existing and future desired streetscape Maximum For site area for lots 1 – 3 DW1 – DW3: 0.55:1 for all Yes Floor Area totals 550sqm x 0.55:1 = dwelling houses 302.sqm max Landscaped 25% to be landscaped DW1- DW3: >25% landscaping for Yes
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 26
Areas and area (min. width of 2m) each allotment Private Open Spaces 15sqm of landscaped area DW1: More than 15sqm within to be provided in the front front setback. This dwelling fronts Yes yard Forest Road
Principal Private Open DW1- DW3: > 4m x 5m on site, Space Min. dimension of appropriate gradient and Yes 4m x 5m accessible to living areas Building Max. height = 9m DW1: 7.8m Yes Height DW2: 7.8m Yes DW3: 8.41m Yes
Max. ceiling height = 7.2m DW1: 6.9 Yes DW2: 8 No DW3: 8 No Setback Front Setback (Building Controls Line): WWW.GEORGESRIVER.NSW.GOV.AU.
4.5m to front wall of the DW1: 5.5m (measuredWEBSITE: to solid fin Yes dwelling wall of front veranda)RIVER GEORGES THE DW1: 5.5mVISIT (measured to garage Yes
5.5m to garage door) PLEASE
Side Boundary Setbacks: DOCUMENT
OFFICIAL THE
900mm to ground floor FOR1.5m ground floor (min) Yes
level PAPER.
BUSINESS 1.5m to first floor level 1.5m first floor (min) Yes COUNCIL
(SFPA) RIVER
Rear Setback:GEORGES THE OF Ground floorCOPY level 3m DW1-DW3: More than 3m Yes PRINTED A IS First THISfloor level 6m More than 6m Yes
Balconies & Direct access from a All balconies accessed from Yes Terraces habitable room habitable rooms, no roof top terraces proposed
Overlooking impacts can Privacy screens provided 1.8m in Yes be minimized with the use height where appropriate of privacy screens between1.8m high Façade Garage must be setback DW1: 5.5m Yes Articulation 5.5m
Garage doors facing the DW1: Less than 40% Yes street must occupy less DW2-3: Do not have a street than 40% for sites greater frontage - Not applicable
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 27
than 12m wide
Habitable room to street DW1: Habitable rooms face street Yes
Dwellings must have a DW1: Windows on ground and front door or window to a first floor front the street Yes habitable room fronting the street
Dwellings must Dwellings incorporate design Yes incorporate multiple elements providing modulation building elements and articulation resulting in contributory visual interest Car Parking 3 bedrooms or more, 2 DW1 – DW3: 2 spaces for each Yes spaces to be provided (1 dwelling house space is to be located behind building line)
Garages must not extend DW1: Garage recessedWWW.GEORGESRIVER.NSW.GOV.AU. from the Yes
further towards the front front wall articulationWEBSITE: which is the
boundary than the front only dwelling withRIVER direct street
wall presentation GEORGES THE VISIT
Max. driveway crossing DW1: 3mPLEASE Yes width: 2.7m and 4.5m Shared access driveway: 3m DOCUMENT OFFICIAL AS2890.1 – Max. driveway CompliantTHE with gradient CC Yes gradient = 1 in 5 (20%) FOR PAPER. Visual Windows to be offset by Window offsets, high light Yes BUSINESS Privacy 1m. Neighbouring principal windows and obscured glazing private open spaceCOUNCIL is not are used to mitigate privacy RIVER overlooked by proposed impact GEORGES living areas. THE OF Solar Design Principal privateCOPY open 3hrs direct solar access between Yes
PRINTED space ofA both the subject 9am and 3pm in mid-winter (June) IS lot andTHIS adjoining lot must achievable on most of the receive a minimum of 3hrs principal private open spaces direct solar access between 9am and 3pm in mid-winter (June) Stormwater Stormwater assessment Proposal seeks to drain to the Yes rear – appropriate conditions can be applied if consent were to be granted.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.3 DUAL OCCUPANCY HOUSING 27. Dwellings 4-5 have been considered as follows.
Section 4.3 Requirement Proposal Complies Site Area 1000sqm FSPA 1,924sqm (excluding access Yes
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 28
handle) Site Width 15m for attached dual 15.24m Yes occupancy Height 9m for two storey 14.5m No Wall Height 6.8m for two storey >6.8m No (As per DCP table - Option 3 forms an attached dual occupancy)
Floor to ceiling 2.7m – 3.6m 2.75m – 3m Yes heights Maximum storeys 2 storeys Ranging: 3-4 habitable No storeys Flat roof maximum 450mm Flat roof proposed Yes parapet height Front Setbacks 5.5m DW1: 10.55m from boundary Yes of Lot 3 (accommodating DW3)
Side Setbacks 900mm single storey Ground and floorsWWW.GEORGESRIVER.NSW.GOV.AU. above: Yes 1500mm two storey 1,500mm WEBSITE:
RIVER
GEORGES Eaves Setbacks 750mm or MoreTHE than 450mm non- Yes VISIT
450mm non-combustible PLEASEcombustible Rear Setbacks 7m ground floor 70m minimum to rear Yes 9m first floor DOCUMENT southern elevation of OFFICIAL THE dwellings Floor Space Ratio As per Hurstville LEPFOR 0.373:1 Yes PAPER. 2012 FSR = 0.6:1 Presentation to the Windows to streetBUSINESS The proposed development N/A street Attached mayCOUNCIL not be is located on a battle-axe lot RIVER mirror-reverse and has no direct street GEORGES DesignTHE to have two of; frontage. These OF
COPY- Entry feature requirements are therefore
PRINTED - Window feature not applicable to the A IS THIS - Balcony/window proposed development. box - Architectural element to break façade - Open veranda - Bay windows - Pergola/similar features above garage doors Entrance clearly visible from street Garage recess 300mm Maximum recommended roof pitch 35° Dormers where used maximum 1.5m wide and
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 29
lower than roof ridge Balconies 2m maximum depth for The private open space to No rear balconies the dwellings is provided in 1.8m maximum height for the form of balconies located privacy screens on the rear elevation that are accessible from the family room, rumpus room and bedrooms.
Materials and To compliment Proposed materials and Yes Finishes surrounding development finishes are acceptable and Minimise high contrasting adopt contemporary tones colour schemes Fire rating of BCA to be achieved Views Windows to provide views Views from adjoining Yes of private open space and developments are not approaches to dwelling affected by the proposed Minimise view loss to development as adjoining WWW.GEORGESRIVER.NSW.GOV.AU. surrounding properties developments maintain WEBSITE:
Flat rooves may be used direct viewsRIVER to Salt Pan to protect views Creek. GEORGES Landscaped Area Driveway and pathway Yes,THE driveway and turning Yes VISIT the only paving permitted area provided for adequate PLEASE in the front yard vehicular access DOCUMENT 25% landscaping in FSPAOFFICIAL More than 25% Yes THE FOR 2m minimum widthPAPER. >70% with 2m width Yes BUSINESS
Landscape COUNCILPlan to be Landscape plan to be Yes provided RIVER submitted as a condition of GEORGES consent THE OF COPY Landscape work to be Subject to conditions of Yes PRINTED A IS completed prior to consent THIS occupation Protection of the root zone of trees to be retained is to be considered
Private Open At ground level The private open space to No Space the dwellings is provided in Minimum dimensions 4m the form of balconies located x 5m on the rear elevation that are accessible from the family room / rumpus rooms. Accessible from living area
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 30
Maximise visual privacy and acoustic amenity to occupants and neighbours
Maximise solar access Vehicular Access 1 garage and 1 driveway Development provides Yes and parking space per dwelling or as appropriate vehicles access the building envelope to the dwellings via the permits existing access handle to the Garage setback 5.5m and battle-axe lot which will be recessed a minimum ramped. The garage has a 300mm into façade 10.55m setback from the Driveway width 3m “front boundary” of the site to minimum provide appropriate turning Driveways setback from movements. side boundary by 1.5m minimum Crossing at least 6m from WWW.GEORGESRIVER.NSW.GOV.AU. intersection WEBSITE:
Cut and Fill Cut/fill maximum 600mm MaximumRIVER excavation is No Fill only within building 3400mm GEORGES footprint THE Visual Privacy and Balconies and main BalconiesVISIT primarily Yes PLEASE Acoustic Amenity windows directed towards orientated towards rear front and rear DOCUMENT southern elevation. Windows Windows of habitable OFFICIAL to the development on the THE rooms to be offset byFOR 1m side elevations of the ground from the window ofPAPER. the and first floor are conditioned neighbouring dwellingBUSINESS or to have a sill height no less
screened orCOUNCIL provided with than 1.5m 1.5m bottomRIVER sill heights PrivacyGEORGES screens to be Level 2 side balconies along THE providedOF to rear balconies the northern and southern Yes at COPYno higher than 1.8m side elevations are accessed PRINTED A IS Driveways and A/C units from bedrooms only which THIS to be sited away from are only 1.8m in depth and adjoining neighbours do not view onto adjoining private open space Solar Design, Must comply with BASIX Complies with BASIX Yes Water and Energy Cross ventilation to be requirement and Efficiency provided requirements of subsection All rooms to have a in relation to cross ventilation window and shadows Shadow diagrams for 2 storey proposals 3 hours solar access during midwinter solstice to be provided to subject and neighbouring dwellings Site Facilities 3m x 1m garbage storage 6m³ storage can be provided Yes
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 31
6m³ storage to each dwelling Mailbox Outdoor Clothes line Stormwater Drainage by gravity Development can drain by Yes Drainage Alternatives: gravity to the rear of the site (1) Easement with any overflow being to (2) Charged and gravity Salt Pan Creek subject to (3) OSD and infiltration conditions of consent Building Envelope As per diagrams Option 3 forms an attached Yes Graphics dual occupancy
Stormwater Assessment Existing Stormwater System Gravity to rear of site Proposed Stormwater System Gravity to rear of site with overflow to Salt Pan Creek Stormwater objectives for development type Yes, consistent with objectives met? Slope to rear (measured centreline of site) Yes – 34.13m fall from front to rear
Gravity to street (from property boundary to WWW.GEORGESRIVER.NSW.GOV.AU.No
street kerb)? WEBSITE:
Discharge into same catchment? RIVER Yes
Easement required? GEORGES No THE
VISIT
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDEPLEASE - SECTION 5.6 SWIMMING POOLS 28. The proposal seeks development consent for two (2) swimming pools for DW1 and DOCUMENT DW2 which are located above ground. The relevant controls have been considered as OFFICIAL follows. THE FOR PAPER. Section 5.6 Requirement Complies Pool sitting Top of pool to beBUSINESS close to natural ground No level as possiblCOUNCIL e All pools elevated. RIVER One side of swimming pool 500mm at or No GEORGES belowTHE natural ground level, other side All pools elevated OF
maybeCOPY up to 500mm above ground level >500mm
SwimmingPRINTED pools above 500mm, No A IS
THIS landscaping treatment required Landscape treatment inadequate due to proposed level of elevation. Steeply sloping sites one site maybe up No to 1000mm All pools elevated > 1m No fill between pool and boundary Yes Spill water overflow not to affect adjoining Yes properties 1.5m side setback Yes Noise control and Pool pump sited appropriately to reduce Yes nuisance noise
Mechanical equipment to be sound treated
Construction, location and use of
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 32
swimming pool no nuisance to neighbouring properties Heated Solar heating, heat pumps and gas Yes swimming pools heating Landscaping Trees and shrub planting to be provided Yes
Paved and other impervious areas to be Yes minimised
Swimming pools to be designed to ensure Yes the retention of existing trees
Swimming pools located to existing trees, Yes elevated decks are preferred as the swimming pool coping to ensure minimal damage
Swimming pool water must not discharge Yes (appropriate to bushland areas located on private or conditions can be WWW.GEORGESRIVER.NSW.GOV.AU. public land imposed if consent to be WEBSITE:
RIVER granted)
GEORGES 4. Impacts THE VISIT PLEASE Natural & Built Environment 29. The proposed dual occupancy height non-compliance,DOCUMENT is considered to adverse impacts on the locality resulting in an unacceptableOFFICIAL bulk and scale of development. THE FOR Social Impact PAPER. 30. The proposed development hasBUSINESS no apparent social impacts given the residential nature
of the use. COUNCIL RIVER Economic Impact GEORGES THE 31. The proposed developmentOF has no apparent adverse economic impacts given the residential natureCOPY of the development. Development Contributions apply to new PRINTED A additional housing.IS A credit is granted for the existing dwelling house which is to be demolished. THIS
Suitability of the Site 32. The proposal forms a permissible use within the R2 Low Density Residential Zone within the LEP however, the development as proposed needs to be amended to more appropriately respond to the site topography.
REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST
Resident 33. The application was notified/advertised to residents/owners in accordance with Council’s requirements, in response on two (2) submissions were received raising the following concerns.
Proposed driveway access
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 33
Comment: Concerns were raised in relation to the proposed shared driveway access along the northern side boundary. Concerns were raised in relation to the extent of excavation sought. The proposal was referred to Council’s Senior Traffic Engineer who raised no concerns in relation to the driveway design.
Safety issues Comment: concerns were raised in relation to safety issues for the proposed driveway along the northern side boundary. No safety concerns were raised by Council’s Senior Traffic Engineer. The driveway is to comply with the Australian Standards for driveway gradients.
Bulk and scale, general view loss impact Comment: Concerns were raised in relation to bulk and scale in particular to the dual occupancy at the rear of the property. As previously addressed within the report, the proposal seeks variation in height due to the steeply sloping topography of the site. It is agreed that the height of the dual occupancy development is not acceptable.
Accuracy of plans Comment: Concerns were raised in relation to the accuracy of the plans. The WWW.GEORGESRIVER.NSW.GOV.AU. assessment of the application indicates that the plans are adequate for the purposes of development assessment. An assessment has beenWEBSITE: undertaken based on the RIVER information provided, site inspection and information systems. GEORGES THE Impact on adjoining properties due to excavationVISIT Comment: Concerns were raised in relationPLEASE to the extent of the excavation sought. It was suggested, that appropriate engineeringDOCUMENT conditions be imposed to ensure
protection of adjoining property and constructionOFFICIAL of retaining wall. If the application were THE to be approved, appropriate conditionsFOR can be imposed to address impacts. PAPER.
Council Referrals BUSINESS
34. COUNCIL Team Leader Subdivision and DevelopmentRIVER
Council’s Acting Team LeaderGEORGES Subdivision and Development has raised no objection to the THE application subject to conditionsOF of consent being attached to any consent granted. COPY
PRINTED A Senior Traffic EngineerIS Council’s Senior TrafficTHIS Engineer raised no concerns with the proposal in relation to the design and safety aspects.
Tree Management Officer An arborist report accompanied the development application. Council’s Tree Management Officer supports the proposal subject to the removal of one (1) English Oak and one (1) Blackbutt due to low retention value and life expectancy. One (1) Eucalyptus Tree is at the front of the property is to be retained. However the application is not supported for other reasons.
External Referrals 35. New South Wales Rural Fire Service The proposal is supported by the New South Wales Rural Fire Service subject to conditions of consent. It is noted that amended bushfire report was provided during the development assessment process.
New South Wales Department of Primary Industries Water
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The proposal was referred to the New South Wales Department of Primary Industries Water. In response, no concerns were raised.
CONCLUSION 36. The proposed development does not comply with the Building Height Development Standard prescribed in Hurstville Local Environmental Plan 2012.
The submitted 4.6 variation to the Building Height Development Standard does not adequately justify that the development standards is unreasonable and unnecessary in the circumstances of the case, nor does it provide adequate environmental planning grounds to justify departure from the standard
The applicant was advised on numerous occasions that the height variation to the dual occupancy would not be supported.
The proposal is subsequently: Inconsistent with the objectives of the R2 Low Density Residential Zone under the Hurstville Local Environmental Plan 2012 in that the developments height, level of cut & fill and failure to provide compliant private open space areas will WWW.GEORGESRIVER.NSW.GOV.AU. not ensure that a high level of residential amenity is achieved and maintained; and WEBSITE: RIVER not considered to be of an appropriate bulk, scale and form for the site and GEORGES character of the locality. THE VISIT PLEASE In view of the above, the application is recommended for refusal. DOCUMENT DETERMINATION OFFICIAL THE 37. THAT pursuant to Section 4.16(1) FORof the Environmental Planning and Assessment Act 19749 (as amended) the Council PAPER.refuses Development Application DA2016/0104 for the
demolition of an existing dwelling,BUSINESS construction of three single dwellings, construction of
an attached dual occupancy,COUNCIL ancillary swimming pools, Torrens title subdivision at Lots 37 and 38 DP 21651 andRIVER known as 954-956 Forest Road, Peakhurst, for the reasons outlined as follows: GEORGES THE OF 1. The proposedCOPY development does not comply with the Building Height PRINTED A DevelopmentIS Standard prescribed in Hurstville Local Environmental Plan 2012. THIS 2. The submitted 4.6 variation to the Building Height Development Standard does not adequately justify that the development standards is unreasonable and unnecessary in the circumstances of the case, nor does it provide adequate environmental planning grounds to justify departure from the standard
3. The proposal is inconsistent with the objectives of the R2 Low Density Residential Zone under the Hurstville Local Environmental Plan 2012 in that the developments height, level of cut and fill and failure to provide compliant private open space areas will not ensure that a high level of residential amenity is achieved and maintained
4. The proposed development is not considered to be of an appropriate bulk, scale and form for the site and character of the locality.
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ATTACHMENTS Attachment ⇩ 1 Site Plan and Driveway Section - 954 - 956 Forest Road Lugarno Attachment ⇩ 2 House 1 - Sections and Elevations - 954 - 956 Forest Road Lugarno Attachment ⇩ 3 House 2 - Sections and Elevations - 954 - 956 Forest Road Lugarno Attachment ⇩ 4 House 3 - Sections and Elevations - 954 - 956 Forest Road Lugarno
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REPORT TO GEORGES RIVER COUNCIL LPP MEETING OF THURSDAY, 16 AUGUST 2018
Development LPP Report No LPP031-18 DA2017/0605 Application No Site Address & Ward 22 Wyong Street Oatley Locality Blakehurst Ward Proposed Development Demolition of existing structures and Torrens Title Subdivision into 2 lots and construction of a dwelling and secondary dwelling on each lot Owners Tracey Wu Applicant Tracey Wu Planner/Architect BTG Planning Date Of Lodgement 4/12/2017 Submissions Eleven (11) submissions Cost of Works $1,880,000.00 Local Planning Panel 10 or more submissions Criteria WWW.GEORGESRIVER.NSW.GOV.AU.
List of all relevant s.4.15 State Environmental PlanningWEBSITE: Policy (Building Sustainability matters (formerly Index: BASIX) 2004; State RIVEREnvironmental Planning Policy s79C(1)(a)) (Vegetation in Non-RuralGEORGES Areas) 2017 THE Greater Metropolitan VISITRegional Environmental Plan No 2 – Georges River CatchmentPLEASE
Kogarah Local DOCUMENTEnvironmental Plan 2012; Kogarah
DevelopmentOFFICIAL Control Plan 2013
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List all documents Architectural FORPlans submitted with this PAPER. report for the Panel’s BUSINESS consideration COUNCIL
Report prepared by TeamRIVER Leader Development Assessment and Independent Assessment GEORGES
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Recommendation PRINTED That the application be refused in accordance with the reasons A IS
THIS stated below.
Summary of matters for consideration under Section 4.15 Have all recommendations in relation to relevant s4.15 matters Yes been summarised in the Executive Summary of the assessment report? Legislative clauses requiring consent authority satisfaction Yes Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant recommendations summarised, in the Executive Summary of the assessment report? Clause 4.6 Exceptions to development standards If a written request for a contravention to a development Not Applicable standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?
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Special Infrastructure Contributions Does the DA require Special Infrastructure Contributions Not Applicable conditions (under s7.24)? Conditions Have draft conditions been provided to the applicant for No – draft conditions have comment? not been prepared, as the recommendation of this report is refusal.
Site Plan
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Executive SummaryTHIS 1. The development application (DA) proposes demolition works, and the subdivision of land into two allotments, and then upon each lot it is proposed to erect a part two (2)/part three (3) storey dwelling and detached cabana.
2. The major concerns with the DA are unresolved issues regarding tree removal, and also stormwater drainage disposal. Advice from Council’s internal referral officers are that the proposal, in its current form, cannot be supported for these reasons.
3. It is noted that Council officers have indicated to the applicant that the proposed tree removal cannot be supported, and have requested withdrawal of the DA. Instead, the applicant responded with amended plans and additional information to support the DA.
4. The DA has been assessed in terms of the provisions of Kogarah LEP 2012 and DCP 2013, and a number of issues of concern have been identified, including height (to top of parapet) and the maximum 60% depth of the second storey.
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5. The proposal has been notified to neighbours in accordance with Kogarah DCP 2013, and eleven (11) submissions have been received. Strong issues of concern have been raised in relation to tree removal, compliance with the DCP. These issues of concern are considered to be valid.
6. In the circumstances of the case, it is considered that approval of this application would not be in the public interest. Accordingly, it is recommended that this DA be refused.
Report in Full
Proposal 7. The DA seeks approval for demolition works, and the subdivision of land into two (2) allotments, and then upon each lot it is proposed to erect a part two (2)/part three (3) storey dwelling, and a detached cabana. The following is a copy of the site plan and photomontage to illustrate the proposed works.
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8. The subdivision component of the DA proposes to create allotments with site areas of 583.3sqm (Lot 1) and 565.9sqm (Lot 2).
9. The dwellings on each allotment are proposed to be part two (2)/part three (3) storey with the following features:
Ground Floor: Double garage, entry hall with internal lift, study and guest bedroom. First floor: Lounge room, kitchen, family room and terrace. Second Floor: Three bedrooms, each with ensuite.
10. In addition to the two (2) dwelling houses described above, the development also proposes the erection of a rear cabana with store room and shower facilities within the rear of each allotment.
11. The original version of the DA proposed the erection of a secondary dwelling (“granny flat”) within the rear yard of each allotment, however this was replaced with the single storey cabana structure as described above.
WWW.GEORGESRIVER.NSW.GOV.AU. Site and Locality WEBSITE:
12. The subject site is Lot 1 DP 112064 and its street addressRIVER is 22 Wyong Street, Oatley. The site is located on the western side of Wyong Street, between Oatley Parade and Neverfail GEORGES Place, Oatley. The site currently contains a singleTHE storey fibro dwelling house and VISIT detached garage and outbuilding (proposed to be demolished as part of this DA). PLEASE
13. The site has an area of 1149sqm, with a frontageDOCUMENT of 20.115m to Wyong Parade and depth of 55.475m (northern boundary) and 58.94mOFFICIAL (southern boundary). THE FOR 14. The site has a steep fall (over 10mPAPER. level difference) from the rear boundary (RL14.53) to the front (RL4.07) of the site. TheBUSINESS site contains numerous rock outcrops within the rear yard. Also, the site contains a COUNCILnumber of trees within the rear yard. RIVER 15. The surrounding area is GEORGESresidential. The photos below show the existing dwelling (viewed THE from the street). OF COPY
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Background PLEASE 16. The subject DA was lodged on 4 December 2017. DOCUMENT OFFICIAL 17. On 7 December 2017, the applicant wasTHE sent an email advising that the proposed method of on-site detention is unsatisfactory, FORand additional information was requested in relation to stormwater disposal. This informationPAPER. was provided by the applicant on 11 December 2017. BUSINESS COUNCIL RIVER 18. The DA was then notified to neighbours for a period from 13 December 2017 to 10 GEORGES January 2018. THE OF
COPY 19. On 19 December 2017, preliminary comments were provided from Council’s Consultant PRINTED A Arborist, raising IS concerns about removal of significant trees (Blackbutt and Sydney Red THIS Gum).
20. Although amended drainage plans were submitted (11 December 2017), these were assessed by Council’s Development Drainage Engineer and found to be unsatisfactory. Further, a driveway profile was required to be prepared in compliance with Australian Standard AS2890.1:2004.
21. On 14 February 2018, the applicant was provided with copies of the submissions received from the neighbour notification process. The applicant provided a response to these submissions on 5 March 2018.
22. On 9 April 2018, an email was sent to the applicant raising significant concern regarding the proposed removal of the Blackbutt and Sydney Red Gum trees within the site. The applicant was advised that the proposal must be re-designed to accommodate the trees. The applicant was advised that the proposal will not be supported and requested the DA to be withdrawn.
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23. Rather than withdraw the DA, the applicant submitted amended plans and additional information to support the DA. In particular, the key changes included replacement of the secondary dwelling with cabana structures, as well as revised Arborist assessment. This additional information was re-notified to neighbours and referred to Council officers.
24. The amended plans were re-notified to neighbours for a period from 25 May to 8 June 2018.
25. On 2 July 2018, comments were received from Council’s Drainage Engineer, advising that the previous issues of concern have not been resolved and that the submitted drainage information is still unsatisfactory.
26. On 5 July 2018, comments have been received from Council’s Consultant Arborist, advising that he still has concerns about the proposed removal of the Blackbutt and Sydney Red Gum trees. In particular, the applicant’s own Arborist Report states that the tree has been identified as having high retention value.
27. These issues of concern have been conveyed to the applicant throughout the DA process, WWW.GEORGESRIVER.NSW.GOV.AU. and the applicant has been requested to withdraw the DA. The applicant has responded by providing amended plans and additional information, whichWEBSITE: has not adequately resolved RIVER or addressed the issues. Rather than seeking further information and/or amended plans to GEORGES address these issues further, it is prudent to referTHE this DA to for the determination of the Local Planning Panel. The applicant will have VISIT the opportunity to present to the Panel during their deliberations. PLEASE DOCUMENT
Zoning and Permissibility OFFICIAL THE 28. The site is zoned R2 Low Density FOR Residential in accordance with the Kogarah Local Environmental Plan 2012. PAPER.
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Applicable Planning Controls COUNCIL 29. The following environmentalRIVER planning instruments and development control plans are
relevant to the site and proposal:GEORGES THE OF Greater MetropolitanCOPY Regional Environmental Plan No 2 (Georges River Catchment) PRINTED A State EnvironmentalIS Planning Policy No. 55 - Remediation of Land State EnvironmentalTHIS Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (infrastructure) 2007 Kogarah Local Environmental Plan 2012 Kogarah Development Control Plan 2013
30. The proposed development has been assessed under the relevant Section 4.15(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.
Environmental Planning Instruments
Kogarah Local Environmental Plan 31. The subject site is subject to Kogarah LEP 2012. The provisions of the Kogarah Local Environmental Plan 2012 are of relevance to the proposal. A comparison of the proposal against key provisions in the local environmental plan is tabled as follows.
Clause Provision Proposed Complies
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2.3 Zone The site is within the R2 The proposal falls within Yes objectives and Low Density Residential the definition of ‘dwelling Land Use Table zone. Development for house’. the purpose of ‘dwelling houses’ may be carried out only with development consent.
The relevant objective of The proposal is not Yes the zone is to provide for inconsistent with these the housing needs of the zone objectives. community within a low density residential environment. 2.6 Subdivision – Development consent is The current DA includes Yes consent required for subdivision subdivision of the land. requirements of the land. 2.7 Demolition Development consent is The current DA includes Yes requires required for demolition of the demolition of existing WWW.GEORGESRIVER.NSW.GOV.AU. development the buildings. structures. WEBSITE:
consent RIVER 4.1 Minimum 550sqm (min) Lot 1 – 583.3sqm Yes GEORGES subdivision lot Lot THE2 – 565.9sqm size VISIT PLEASE 4.3 Height of 9m (max) Lot 1 – 8.15m Yes buildings DOCUMENT Lot 2 – 8.15m 4.4A Exceptions As the proposal involvesOFFICIAL Lot 1 – 0.45:1 Yes THE to floor space a land subdivision FOR– it is ratio for considered that PAPER.the FSR Lot 2 – 0.46:1 residential should apply BUSINESSto the accommodation proposed COUNCILallotment in Zone R2 sizes. InRIVER this instance, the proposalGEORGES involves THE subdivisionOF to create COPY allotments of 583.3sqm PRINTED A IS and 565.9sqm therefore THIS a FSR of 0.55:1 applies. 6.1 Acid Sulfate Development consent is The subject site is partly Yes Soils required for the carrying within land identified as out of works below the Class 2 within the ASS natural ground surface map. The current DA would on that part of the land satisfy the requirement to that is identified as class obtain development 2 on the Acid Sulfate consent Soils Map. 6.2 Earthworks Development consent is Submission of this DA Yes required for earthworks, would satisfy the and also Council must requirement to obtain consider various matters consent for earthworks. as part of assessment of development proposals
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State Environmental Planning Policies 32. The development is subject to a number of State Environmental Planning Policies. Compliance with these Policies is discussed as follows:
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 33. BASIX Certificates been issued for the proposal and the commitments required by these Certificates have been satisfied.
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 34. The development proposes removal of two significant trees (a Blackbutt and a Sydney Red Gum) near the rear and centre of the site. As noted previously, the removal of these trees is not supported because of their significance. In particular, the applicant’s own arborist report states that these trees have high retention value.
35. Accordingly, the proposal is not considered to be satisfactory in terms of the provisions of SEPP (Vegetation in Non-Rural Areas) 2017.
Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment 36. The site is within the area affected by the Greater Metropolitan Regional Environmental WWW.GEORGESRIVER.NSW.GOV.AU. Plan No 2 – Georges River Catchment. The proposal, including the disposal of stormwater, is inconsistent with Council’s requirements WEBSITE:for the disposal of stormwater in RIVER the catchment. GEORGES THE 37. The applicant’s submitted drainage design hasVISIT been referred to Council’s Drainage Engineer, who has advised that the proposal asPLEASE amended is unsatisfactory. DOCUMENT
State Environmental Planning Policy No 55 – RemediationOFFICIAL of Land THE 38. This SEPP requires Council to considerFOR the potential for site contamination as part of development assessment. PAPER.
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39. The subject land has been usedCOUNCIL for residential purposes for many years, and not used for any form of use that wouldRIVER raise suspicion of potential site contamination. The proposal
would therefore be consideredGEORGES acceptable in terms of the provisions of SEPP 55. THE OF Draft State EnvironmentalCOPY Planning Policies
PRINTED A IS Draft Environment SEPPTHIS 40. The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018.
41. This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property. Changes proposed include consolidating the following seven existing SEPPs:
State Environmental Planning Policy No. 19 – Bushland in Urban Areas State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 State Environmental Planning Policy No. 50 – Canal Estate Development Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997) Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.
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42. As discussed throughout this report, the proposal is considered to be unsatisfactory in terms of proposed tree removal and also stormwater drainage. The proposal is therefore considered to be inconsistent with the provisions of this Draft Instrument.
Development Control Plans
Kogarah DCP 2013 43. The proposal is subject to the provisions of Kogarah Development Control Plan 2013. A comparison of the proposal against key controls in Kogarah DCP 2013 is provided in the following tables (separate compliance table for each dwelling house proposed in this DA).
Dwelling House on Lot 1 Control Requirement Proposed Complies Building Height - Upper Ceiling 7.2m (max) 8.15m to top of roof (not No - Parapet 7.8m (max) pitched). 7.8m maximum - top of ridge 9m (max) applies. Development does not comply Number of Levels 2 (max). 3 levels, on a site which Yes WWW.GEORGESRIVER.NSW.GOV.AU. 3 if site slope has a slope of >12.5% WEBSITE:
exceeds 12.5% RIVER Second Level 60% (max) 36.799m/ 62.44% No GEORGES Depth THE VISIT Setbacks Setbacks PLEASE -Front -Front -Rear -DOCUMENTRear Side (East) 1.2m (min) OFFICIALSide (East) 1.2m (min) THE Side (West) 1.2m (min) FOR Side (West) 1.2m (min) PAPER. Glazing to Front 35% (max) BUSINESS <35% Yes Facade COUNCIL Deep Soil 15% (min)RIVER 194.60sqm / 38.45% Yes Landscaping GEORGES THE Balconies/ 40m²OF (max) 12.7sqm Yes COPY Terraces per PRINTED A Dwelling IS THIS Car Parking 2 spaces (min) 2 spaces Yes
Dwelling House on Lot 2 Control Requirement Proposed Complies Building Height - Upper Ceiling 7.2m (max) 8.15m to top of roof (not No - Parapet 7.8m (max) pitched). 7.8m maximum - top of ridge 9m (max) applies. Development does not comply Number of Levels 2 (max) 3 (site exceeds 12.5%) Yes Second Level 60% (max) 34.924m/62.95% No Depth Setbacks 1m to basement and 1.2m No -Front to ground and first floor -Rear Side (East) 1.2m (min)
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Side (West) 1.2m (min) Glazing to Front 35% (max) <35% Yes Facade Deep Soil 15% (min) 194.60sqm/38.45% Yes Landscaping Balconies/ 40sqm (max) 12.7sqm Yes Terraces per Dwelling Car Parking 2 spaces (min) 2 spaces Yes
Note from table above
44. The DCP compliance tables provided for each dwelling indicates non-compliance in terms of the maximum height (maximum 7.8m to the top of the parapet, proposal is 8.15m for each dwelling); and also the second level depth (max 60%, proposal is 62.44% for Dwelling 1 and 62.95% for Dwelling 2).
45. These matters could be justified or addressed through design amendments if the proposal was considered acceptable in other aspects. However in this instance, the proposal is WWW.GEORGESRIVER.NSW.GOV.AU. unacceptable in terms of tree removal and stormwater disposal as discussed throughout WEBSITE:
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PLEASE Natural Environment 46. The proposed stormwater system is not supported,DOCUMENT therefore the drainage of the site is not adequate which will have an adverse OFFICIAL impact on the natural environment. Further, the THE proposed tree removal (of the BlackbuttFOR and Sydney Red Gum trees) is also not supported and therefore it is considered that PAPER. the proposal would have an unsatisfactory impact in terms of the Natural Environment.BUSINESS COUNCIL Built Environment RIVER 47. The proposal could generallyGEORGES be considered acceptable in terms of impacts on the built THE environment, with variousOF aspects of the proposal being justifiable or able to be addressed COPY via conditions of consent. However is recommended for refusal for other reasons as PRINTED A outlined in this report.IS THIS Social and Economic Impact 48. The proposal would generally be considered acceptable in terms of social and economic impacts, however is recommended for refusal for other reasons as outlined in this report.
Suitability of the Site 49. The site presents a number of constraints including existing vegetation and the need for appropriate stormwater disposal. The applicant’s DA submission has not adequately addressed these issues, and therefore it is considered that the site is not suitable for the development as currently proposed in this DA.
SUBMISSIONS 50. The proposal has been notified to neighbours on two occasions during the processing of this DA, in particular, neighbours have been notified of the latest amended plans which are subject of this assessment report.
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51. The original DA was notified for a period from 13 December 2017 to 10 January 2018. When amended plans were received, these were re-notified for a period from 25 May to 8 June 2018. In response to the public notification process Council received eleven (11) submissions.
52. The issues of concern raised in the submissions are summarised and discussed as follows:
53. Asbestos Removal Concern is raised that the existing dwelling contains asbestos.
54. Comment: This could be addressed by standard conditions requiring compliance with WorkCover requirements for demolition, if it is decided to approve the DA.
55. Non-compliance with Kogarah LEP 2012 – FSR in clause 4.4A Concern is raised that the FSR should be calculated on the existing lot size of 1152sqm, and not the lot sizes as a result of the proposed subdivision.
56. Comment: Not agreed. It is considered that the correct approach would be to apply the WWW.GEORGESRIVER.NSW.GOV.AU. FSR on the proposed allotment sizes. The proposal is for the subdivision of land and then the subsequent erection of dwellings on the newly createdWEBSITE: allotments. The FSR control in RIVER clause 4.4A only applies if the land was not to be subdivided, and a smaller overall FSR is GEORGES prescribed if the land is to remain in one title. HoweverTHE in this instance the subdivision is an integral part of the development proposal. VISIT PLEASE 57. As the proposal involves a land subdivisionDOCUMENT – it is considered that the FSR should apply to
the proposed allotment sizes. In this instance,OFFICIAL the proposal involves subdivision to create THE allotments of 583.3sqm and 565.9sqmFOR therefore a FSR of 0.55:1 applies. The development proposes FSR of 0.45:1PAPER. for Lot 1 and 0.46:1 for Lot 2 which complies with
the LEP requirement. BUSINESS
COUNCIL 58. Building Envelope and HeightRIVER
Concern is raised that GEORGES the development does not comply with the building envelope THE controls, which will OF result in an unacceptable impact on neighbours in terms of overshadowing and amenityCOPY impacts.
PRINTED A IS 59. Comment: It is THISnoted that the proposal does not comply with the maximum height controls (7.8m to the parapet).
60. Parking Concern is raised that no parking is proposed for the secondary dwellings, resulting in on- street parking that will adversely impact on the amenity of the neighbourhood.
61. Comment: The secondary dwellings have been deleted from the proposal. Also, it is noted that separate parking is not required for secondary dwellings under the applicable planning controls.
62. Concern with amended plan submission Concern is raised that the amended plans do not address previous concerns with the original DA submission.
63. Comment: Noted. Assessment officer’s comments are provided in terms of the neighbour submissions on the amended plans.
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64. Rooftop Terrace Concern is raised that the development proposes a rooftop terrace, contrary to the DCP controls, and further that such roof terrace is likely to cause adverse impacts on neighbouring properties.
65. Comment: The proposal does not contain a rooftop terrace. The proposal does include a small deck off the main bedroom at the top-most level, above the living areas below, however a review of the plans indicates that the deck is relatively small, and the remainder of the roof is identified as being “stone ballast on waterproof membrane”. This is not considered to constitute a roof terrace. A suitable condition of consent could be imposed to ensure that such area is non-trafficable (if it is decided to approve the DA).
66. Overshadowing on 24 Wyong St Concern is raised that the development will result in excessive overshadowing of the property to the south.
67. Comment: The solar access controls in Kogarah DCP 2013 states that where neighbouring properties are affected by overshadowing, at least 50% or the neighbouring WWW.GEORGESRIVER.NSW.GOV.AU. existing primary private open space or windows to main living areas must receive a minimum of 3 hours sunlight between 9am and 3pm on 21WEBSITE: June. RIVER
GEORGES 68. The shadow diagrams submitted with the DA (Note:THE amended shadow diagrams do not appear to have been prepared for the amendedVISIT plans which replaced the secondary dwellings with cabanas) indicates that the rearPLEASE yard area of the property to the south (No 24 Wyong) would be affected by the shadowsDOCUMENT from the proposed development. However it
should be noted that this area is already OFFICIALaffected by the existing vegetation (on the subject THE site No 22 Wyong) which would causeFOR significant overshadowing of (No 24 Wyong). PAPER.
69. Primary Building Façade not to exceedBUSINESS 40% of the overall width
Concern is raised that the developmentCOUNCIL does not comply with this DCP requirement. RIVER
70. Comment: This DCP controlGEORGES aims to provide an articulated façade. The proposal does not THE comply with the DCP requirement,OF because the primary façade (being the front elevation of the garage in this instance)COPY occupies the entire frontage of the dwelling.
PRINTED A IS 71. Non-complianceTHIS with Land and Environment Court Planning Principle Concern is raised that the development does not satisfy the LEC Planning Principles relating to impacts on neighbouring properties, particularly overshadowing and amenity impacts.
72. Comment: These matters have been discussed elsewhere in consideration of other points of objection.
73. Visual Privacy Concern is raised that the development causes significant visual privacy impacts on neighbours.
74. Comment: These matters could be resolved through design amendments or conditions of consent, if it is intended to support the proposal. However, as discussed throughout this report, the proposal is unacceptable for various reasons, and therefore such design amendments have not been sought.
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REFERRALS
Council Referrals
Consultant Arborist 75. The DA has been referred to Council’s Consultant Arborist, who has provided the following comments on the latest amendments:
76. I still believe that retention of the Eucalyptus pilularis (the Blackbutt) shall remain. I believe there is room for a development and a redesign. It’s my opinion, that maybe the site is not suitable for a side by side dual occupancy. The site has constraints and its my understanding that the arborist reports where prepared after the design had been formulised. The client should have engaged an Arborist during design phase and to prepare a Preliminary Tree Assessment, so as to guide in the development. My opinion and recommendations would be to retain the Eucalyptus pilularis (Blackbutt), close to the northern boundary fence and an Angophora costata (Sydney Red Gum) located towards the back of the property and for an AQF Level 3 or above climbing arborist formulate a maintenance regime in monitoring and formative/ target prune the Eucalyptus pilularis on a regular basis. WWW.GEORGESRIVER.NSW.GOV.AU.
As both Arborist reports state for the Eucalyptus pilularis –WEBSITE: RIVER
GEORGES 1 – Botanics Tree Wise People – Retention Value –THE 1 – HIGH 2 – Jacksons Nature Works – ULE – 2D – “TreesVISIT that could be made more suitable for retention in the medium term by remedial tree PLEASEcare” DOCUMENT
My rating for this tree, in accordance OFFICIAL with – IACA – STARS – Significance of a tree THE Assessment Rating System, would beFOR in the HIGH category, thus having three (3) or more criteria that classifies this tree withinPAPER. the HIGH category.
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77. Assessment Officer’s comment:COUNCIL It is clear from the above comments of Council’s Consultant Arborist that theRIVER removal of the Blackbutt and the Sydney Red Gum trees are
unacceptable. Therefore,GEORGES the proposal is considered to be unsatisfactory in terms of tree THE removal. OF COPY
PRINTED A Drainage Engineer IS 78. The DA has beenTHIS referred to Council’s Drainage Engineer, who has provided the following comments on the latest amendments:
79. After an engineering review to the submitted drainage, it is found that there is insufficient information and the drainage plans were not adequate and did not comply with the requested issues from Council in a previous communication dated 5/01/2018.
80. Assessment Officer’s comment: It is clear from the above comments of Council’s Drainage Engineer that the amended drainage details have not addressed Council’s previous request for information, and are therefore unacceptable. Therefore, the proposal is considered to be unsatisfactory in terms of stormwater drainage disposal.
CONCLUSION 81. The proposal has been assessed using the heads of consideration listed in Section 4.15 of the Environmental Planning & Assessment Act 1979, and is considered to be unsatisfactory for the reasons enunciated in this report.
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82. In particular, the proposal is unacceptable in terms of removal of two significant trees from the rear and centre of the site. It is considered that these could be retained with a more sensitive design. The applicant’s own Arborist report indicates that these are of high retention value.
83. The proposal is also unacceptable in terms of stormwater drainage design. This issue (and the issue of tree removal) has been raised with the applicant and has not been resolved in a manner which would result in the development being considered satisfactory.
84. The proposal also has some areas of non-compliance with the DCP. Although these could be resolved through design amendments or conditions of consent, such an approach should only be pursued if the development was satisfactory in all other aspects. However in this instance, the proposal is unacceptable for reasons of tree removal and stormwater drainage disposal.
85. The proposal as currently submitted is considered to be unsatisfactory and is recommended for refusal.
DETERMINATION AND STATEMENT OF REASONS WWW.GEORGESRIVER.NSW.GOV.AU. 86. THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses DevelopmentWEBSITE: Application DA2017/0605 for RIVER demolition of existing structures and Torrens Title Subdivision into 2 lots and construction GEORGES of a dwelling and secondary dwelling on each lot THEat Lot 1 DP 112064 and known as 22 Wyong Street, Oatley, for the following reasons: VISIT PLEASE 1. The proposal is unacceptable in termsDOCUMENT of tree removal. In particular, the existing
Eucalyptus pilularis (Blackbutt), and OFFICIALAngophora costata (Sydney Red Gum) trees are THE identified as having high retentionFOR value, and there would be potential to retain these trees with an amended design. PAPER.
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2. The proposal is unacceptableCOUNCIL in terms of stormwater disposal. Further, insufficient and unsatisfactory informationRIVER has been submitted in relation to the disposal of stormwater.
GEORGES THE 3. The proposal is unacceptableOF when assessed in terms of the controls contained in Kogarah DevelopmentCOPY Control Plan 2013. In particular, the proposal does not comply
PRINTED A with: the maximumIS height control and the maximum second storey depth control. THIS 4. In the circumstances of the case, approval of the development would not be in the public interest.
ATTACHMENTS Attachment ⇩ 1 Revised site plan - 22 Wyong St Oatley Attachment ⇩ 2 Revised Elevations - 22 Wyong St Oatley Attachment ⇩ 3 Revised Landscape Concept Plan - 22 Wyong St Oatley Attachment ⇩ 4 Shadow Diagram - 9am - 21 JUNE - 22 Wyong St Oatley Attachment ⇩ 5 Shadow Diagram - 12 Noon - 21 JUNE- 22 Wyong St Oatley Attachment ⇩ 6 Shadow Diagram - 3 30pm - 21 JUNE - 22 Wyong St Oatley
Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 16 August 2018 LPP031-18 22 WYONG STREET OATLEY [Appendix 1] Revised site plan - 22 Wyong St Oatley Page 53
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Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 16 August 2018 LPP031-18 22 WYONG STREET OATLEY [Appendix 3] Revised Landscape Concept Plan - 22 Wyong St Oatley Page 55
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REPORT TO GEORGES RIVER COUNCIL LPP MEETING OF THURSDAY, 16 AUGUST 2018
Development LPP Report No LPP032-18 DA2017/0398 Application No Site Address & Ward 85-87 Railway Parade Mortdale Locality Blakehurst Ward Proposed Development Demolition of existing structures and construction of six storey mixed use development with basement parking Owners Tina Turner, Ian Hargraves, Vicki Hargraves Applicant CD Architects Planner/Architect Planner – Planning Ingenuity / CD Architects Date Of Lodgement 8/09/2017 Submissions One (1) submission in relation to notification of the originally lodged proposal. One (1) submission in relation to the notification of the amended plans. Cost of Works $11,856,608.00
Local Planning Panel Local Planning Panels Direction - StateWWW.GEORGESRIVER.NSW.GOV.AU. Environmental Planning
Criteria Policy No 65—Design Quality of WEBSITE:Residential Apartment Development applies to the proposedRIVER development.
List of all relevant s.4.15 Greater Metropolitan RegionalGEORGES Environmental Plan No 2 – THE matters (formerly Georges River Catchment,VISIT State Environmental Planning Policy s79C(1)(a)) (Infrastructure) 2007, StatePLEASE Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy DOCUMENT No 65 – Design Quality of Residential Apartment Development, OFFICIAL State EnvironmentalTHE Planning Policy (Building Sustainability FOR Index: BASIX) 2004, State Environmental Planning Policy PAPER. (Vegetation in Non-Rural Areas) 2017, Draft Environment State EnvironmentalBUSINESS Planning Policy, ApartmentCOUNCIL Design Guide, RIVER Kogarah Local Environmental Plan 2012, Kogarag Development GEORGES THEControl Plan 2013 OF
List all documents COPY Amended Plans submitted to Council for assessment on 12 submitted with this PRINTED June 2018 A IS report for the Panel’sTHIS consideration
Report prepared by Independent Assessment and Coordinator Development Assessment
Recommendation That the application be deferred pending concurrence from Sydney Trains as outlined in this report.
Summary of matters for consideration under Section 4.15 Have all recommendations in relation to relevant s4.15 matters Yes been summarised in the Executive Summary of the assessment report? Legislative clauses requiring consent authority satisfaction Have relevant clauses in all applicable environmental planning Yes
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instruments where the consent authority must be satisfied about a particular matter been listed, and relevant recommendations summarised, in the Executive Summary of the assessment report? Clause 4.6 Exceptions to development standards If a written request for a contravention to a development A 4.6 variation provided – standard (clause 4.6 of the LEP) has been received, has it variation to Floor Space been attached to the assessment report? Ratio. Refer to discussion within the report Special Infrastructure Contributions Does the DA require Special Infrastructure Contributions Not Applicable conditions (under s7.24)? Conditions Have draft conditions been provided to the applicant for No comment?
Site Plan
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Executive Summary
1. The development application (DA) seeks consent for the demolition of all existing structures on the subject site, and the construction of a six (6) storey mixed-use development comprising ground level commercial floor space with shop-top housing above and two and a half levels of parking within a basement and at ground floor, at 85-87 Railway Parade, Mortdale.
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2. More specifically, the residential component of the development will include forty (40) apartments, comprising seven (7) x one bedroom apartments, thirty (30) x two bedroom apartments, and three (3) x three bedroom apartments.
3. The proposal will include one (1) commercial premise on the ground floor which has frontage to both Railway Parade and Ellen Subway as it wraps around the corner of the site.
4. Pedestrian and vehicular access to the site is provided off Railway Parade. The two and a half parking levels of the building will accommodate seventy eight (78) cars, and nineteen (19) bicycles.
5. The subject site is located on the south-western corner of Ellen Subway which is generally south of the Mortdale railway station and T4 Eastern Suburbs & Illawarra Rail Line. Adjoining land to the north and west of the subject site is zoned B2 Local Centre under the provisions of the Kogarah Local Environmental Plan 2012 (KLEP2012).
6. Opposite to the south of the site and also to the east is land zoned R2 Low Density WWW.GEORGESRIVER.NSW.GOV.AU. Residential under the provisions of the KLEP2012. WEBSITE: RIVER 7. Existing development on the subject site and surrounds is predominantly low density GEORGES residential, with some neighbourhood shops locatedTHE opposite on the southern side of Railway Parade. VISIT PLEASE 8. DA2017/0570 is currently under assessmentDOCUMENT by Georges River Council (GRC) on the
property adjoining to the north at 1 EllenOFFICIAL Subway. This DA seeks consent for the THE demolition of existing structures andFOR construction of seven (7) storey mixed use development with basement car parking.PAPER.
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9. The subject site is generally COUNCIL free of any significant environmental constraints that would prove a material limitation toRIVER redevelopment of the land for the proposed purposes. The
possible exception is a GEORGES large and significant White Cedar tree located adjacent to the THE subject site within the OFEllen Subway verge. This is however to be retained and protected as part of the proposedCOPY development.
PRINTED A IS 10. Having regard THISto the zoning of the site and surrounds, it is clear the future character of land within the immediate vicinity of the subject site is transitioning to a higher density mixed-use environment.
11. The proposal has been assessed against the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act). Key areas of non- compliance with the relevant planning controls are outlined below:
Floor Space Ratio (FSR) At around 2.55:1, the proposal exceeds the 2.5:1 FSR development standard prescribed for the site under clause 4.4 of the KLEP2012. At the time of writing the assessment report, no clause 4.6 written request had been submitted to Council for assessment, and as such, development consent cannot be granted for the proposal pursuant to clause 4.6(3) of the KLEP2012.
Regarding the FSR non-compliance, in the opinion of the assessment planner, there is merit in allowing a variation to the development standard. As such, the applicant has
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been invited to submit a clause 4.6 written request for consideration by the GRC local planning panel prior to determination of the DA.
Should the applicant not submit a written request, or should the written request not satisfy the provisions of clause 4.6 of the KLEP2012, then the GRC Local Planning Panel should consider either refusal or deferral of the development consent for the proposal.
Sydney Trains Division 15 (Railways) of the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) is applicable to the site as pursuant to clause 86(1) the site is within 25m of a rail corridor (T4 Eastern Suburbs & Illawarra line). Under clause 86(2), a referral was made to the Rail Authority (Sydney Trains) on 26 April 2018; a response was received on 10 May 2018 with the rail authority issuing a “Stop the Clock” letter until information was provided by the applicant.
As per clause 86(3) of the ISEPP, the consent authority must not grant consent to development to which this clause applies without the concurrence of the rail authority for the rail corridor to which the DA relates. WWW.GEORGESRIVER.NSW.GOV.AU.
At the finalisation of this report Sydney Trains have notWEBSITE: provided concurrence. As this RIVER matter does not fundamentally impact the design or impacts of the development, it is GEORGES requested that the LPP consider the applicationTHE and if supportable when the additional matters are received that delegation be grantedVISIT to the Manager of Development and Building having regard to the conditions containedPLEASE below and amendments arising from the concurrence from Sydney Trains. DOCUMENT
OFFICIAL THE BASIX FOR A revised BASIX certificate has PAPER. been submitted - BASIX Certificate No. 852364M_02
dated 8 August 2018. BUSINESS
COUNCIL 12. As part of the assessment ofRIVER the subject DA, notification of the proposal was undertaken in
accordance with the provisionsGEORGES of the Kogarah Development Control Plan 2013 THE (KDCP2013) on 14 SeptemberOF 2017. In response to the notification of the DA, one (1) submission dated 19COPY September 2017 was received objecting to the proposal.
PRINTED A IS 13. The objections THIS raised were on the basis of loss of solar access from overshadowing, excessive building height, and the appropriateness of the R2 Low Density Residential zone on the southern side of Railway Parade.
14. On 9 July 2018 re-notification of amended plans submitted by the applicant took place in accordance with the provisions of the KDCP2013. In response one (1) submission was received raising concern with the density of development, community safety due to increased demand on utility services and roads and transport, that high density is not needed and the lack of green spaces. The height of 6 storeys is excessive, 2 should be the limit, but the approvals are supported due to the income they derive.
15. The application has been assessed having regard to the Heads of Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, the provisions of the relevant State Environmental Planning Policies, Local Environmental Plans and Development Control Plans.
Report in Full
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DESCRIPTION OF THE PROPOSAL
16. The DA seeks consent for the demolition of all existing structures on the subject site, and the construction of a six-storey mixed-use development comprising of a ground level commercial floor space with shop-top housing above, and two and a half levels of parking.
17. Further details of the proposal are as follows.
Demolition 18. The proposal involves the demolition of all existing structures. The existing structures to be demolished include the single storey brick dwelling at 85 Railway Parade, and a two storey brick dwelling and detached garage at 87 Railway Parade including ancillary structures namely retaining walls, footpaths and external stairs.
Commercial Component 19. The proposed mixed-use development contains a commercial component at ground level with an area of 212sqm. The commercial floor space extends for approximately half the width of the Railway Parade frontage and wraps around the corner, which activates a portion of the Ellen Subway frontage. A continuous awning along the Railway Parade and WWW.GEORGESRIVER.NSW.GOV.AU. part of Ellen Subway frontages will provide weather protection for pedestrians. Plant, services areas and the waste rooms associated with bothWEBSITE: the commercial and residential RIVER components of the development are also located at ground level behind the commercial GEORGES tenancy and building entry. THE VISIT Residential Component PLEASE 20. The proposal contains a total of forty (40)DOCUMENT apartments over 5 levels. The apartment
composition is: OFFICIAL THE - Seven (7) x single bedroom apartments;FOR - Thirty (30) x two bedroom apartments;PAPER. and - Three (3) x three bedroom apartments.BUSINESS
COUNCIL 21. With 8 nominated as ‘liveable’RIVER or ‘adaptable’ dwellings which are equitably distributed across the 5 residentialGEORGES levels. Each apartment has an open plan living and dining THE arrangement and a privateOF open space in the form of a terrace or balcony which is directly COPY accessible from the living area. PRINTED A IS Access and Parking THIS 22. The plans show vehicular access to the site from Railway Parade, at the south-western corner of the allotment. The car park comprises two and a half levels which are predominantly in basement to accommodate 78 car parking spaces. Of these 78 spaces, 59 spaces are allocated to the residential apartments, 8 as visitor parking spaces for the residences, 9 spaces for the commercial component of the development, 1 car wash bay and 1 loading bay.
23. Bicycle parking spaces are also included within the basement levels for a total of 19 bicycles.
24. Pedestrian access from the parking area to the upper levels is provided via a stairwell and passenger lift.
25. The parking levels of the building also contain storage areas for the apartments, along with a bulky goods waste room.
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Landscaping 26. The proposal generally includes deep soil areas to the rear of the site that have a minimum of 3m dimensions. There is also some smaller deep soil components located along portions of the Ellen Subway frontage.
27. The principal communal open space area for the development will be located on the roof top. The roof top terrace incorporates outdoor furniture and raised planter beds at its edges to limit the trafficable area of the roof top.
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Figure 1 – Perspective of theTHE proposed development as viewed from the Railway Parade frontage, looking north. NotedOF on the ground floor is the basement parking entry to the left of COPY frame, the pedestrian entry to the centre and the commercial premises to the right of frame PRINTED A which wraps around ISthe corner of Railway Parade and Ellen Subway. Located above the THIS ground floor are five levels of residential accommodation.
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Figure 2 - Perspective of the proposed development as viewed fromWWW.GEORGESRIVER.NSW.GOV.AU. the Ellen Subway frontage, looking south-west. Noted on the ground floor is the commercialWEBSITE: premise to the left of frame which wraps around the corner to the Railway Parade frontage.RIVER The openings to the right of frame at the ground floor level are to the upper level ofGEORGES the parking area. Located above the THE ground floor is five levels of residential accommodation.VISIT Noted in this image is the contour of the embankment to the Ellen Subway frontage whichPLEASE is to be maintained as per the
recommendation of the Design Review Panel. DOCUMENT
OFFICIAL HISTORY THE FOR
28. The following provides a brief outlinePAPER. as to the history of the subject DA:
BUSINESS 08/09/2017 Subject DA, being DA2017/0398 lodged with Georges River Council (GRC). COUNCIL
18/09/2017 Application notified RIVERfor a 14-day period from 18 September 2017 until 2 October 2017. One (1) submission was received on 21 September 2017, objecting to the GEORGES proposal. THE OF 13/10/2017 Design ReviewCOPY Panel (DRP) meeting held. The recommendation from the meeting
PRINTED was that A the application be supported, subject to a number of issues being IS resolvedTHIS – refer to detailed discussion later in this report. 21/11/2017 Request for additional information sent to the applicant raising the following issues: - Consideration of site amalgamation with the adjoining property at 1 Ellen Subway. - Deletion of the balcony area off Bedroom 2 of Unit 106. - Building above the ground floor to be setback from the south-western boundary. - A minimum 6m setback is to be provided to ensure a more pronounced podium. - The break in the building between Unit 101 and 109 is to be increased. - The commercial area layout was considered not to provide a high level of usability, and also should be enlarged. - Privacy concerns from balconies off Units 401, 402 and 403 and the impact to the future building to be located at 1 Ellen Subway. - Consideration for additional deep soil area. - Fire booster doors open up onto the Council verge area of Railway Parade. - No structures to be built outside of the property boundaries.
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- Manoeuvrability concerns with visitor space 05-08 on Basement 1 level.
26/04/2018 Request received from Sydney Trains for a formal referral to be made by Council pursuant to Clause 86 of State Environmental Planning Policy (Infrastructure) 2007. A referral was made and received by Sydney Trains on 27 April 2018. 10/05/2018 “Stop the Clock” letter issued by Sydney Trains until information is submitted relating to excavation, structural design and associated information. 11/05/2018 “Stop the Clock” letter issued by Sydney Trains forwarded to the applicant. 28/06/2018 Amended and additional information provided in response to the minutes from the 13 October 2018 DRP meeting and the request for additional information dated 21 November 2017.
Reference should be made to the detailed assessment under SEPP65 for the responses to the DRP assessment.
The following provides a response to the additional information request raised by Council on 21 November 2017:
- The applicant has advised that as per their discussion with Council officers, site WWW.GEORGESRIVER.NSW.GOV.AU. amalgamation will not be perused with the adjoining property at 1 Ellen Subway, WEBSITE:
Mortdale. While it may be argued that betterRIVER urban design outcomes could be achieved with site amalgamation, there is no specified site amalgamation GEORGES requirements for the subject site or adjoiningTHE land under the provisions of Appendix 3 - Site Amalgamation for RFBVISIT Development with Part C ‘Residential’ PLEASE of the KDCP2013. It is also noted that there are no minimum allotment dimension or size requirements DOCUMENT under the relevant planning controls that are offended by the proposed development.OFFICIAL Given the proposal is generally capable THE of satisfying the relevant planningFOR provisions, it is contended there is no site amalgamation/isolation issuePAPER. with the subject site.
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- The balcony area offCOUNCIL Bedroom 2 of Unit 106 has been removed as part of the latest plan amendmentsRIVER by the applicant as requested by Council. GEORGES THE - The buildingOF has not been setback from the south-western boundary has had COPY been requested by Council in the additional information letter. The applicant PRINTED A refers ISto previous discussions on this matter with Council officers. THIS - There has been no change to the setbacks to create a more pronounced podium as had been requested by Council.
- Regarding the break in the building between Unit 101 and 109 being increased, the applicant has responded by commenting that the aforementioned break is provided to allow natural light to the residential lobby on the upper levels of the same building, and that there are no windows between these units along this interface that would otherwise trigger any sensitivity associated with the visual privacy and building separation requirements of the Apartment Design Guide (ADG).
- In response to Council’s request for improved size and usability of the commercial area, the applicant has noted that the commercial area has been amended due to the relocation of the pedestrian and vehicular access. The commercial area now occupies the corner of the development in a ‘square’ form
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with shopfront glazing from three sides to maximize activation and promote flexibility of usage to the occupants. It is noted however that the size of the commercial area has not changed. On this point it is noted that the size of the commercial area does not offend any specific planning controls.
- Regarding the privacy concerns from balconies off Units 401, 402 and 403, the applicant has noted that the setback of 6m (from balcony) and 9m (from building wall) to the northern boundary on Level 4 has been provided as per ADG requirement. Additionally, the applicant has noted that the 1.4m depth of planters and also screens to Unit 401, 402 and 403 will assist in the protection of privacy to future tenants.
- No additional deep soil area is provided despite Council’s request. Despite this, the applicant notes that landscaping with 1.5m planters are provided along the western boundary.
- The fire booster doors have now been relocated to open within the subject site as per Council’s request.
WWW.GEORGESRIVER.NSW.GOV.AU. - The applicant notes that given the pedestrian and vehicular access has been WEBSITE:
relocated from Ellen Subway to Railway RIVER Parade, there are no longer any structures located within the embankment of Ellen Subway. GEORGES THE VISIT - The applicant has now provided a turning bay next to the visitors car bays in PLEASE Basement 1 to allow cars to manoeuver and exit when the parking is fully occupied. DOCUMENT
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09/07/2018 Referral made to Sydney Trains.THE 12/07/2018 Amended information re-notifiedFOR for a 14-day period from 12 July 2018 until 26 July 2018. One (1) submissionPAPER. was received in response to this notification. BUSINESS 29. A review of GRC’s online DACOUNCIL tracking website has not identified any DAs lodged on the subject site prior to the lodgementRIVER of the subject application. GEORGES THE 30. A review of neighbouringOF allotments has revealed DA2017/0520 is currently under COPY assessment by GRC for the demolition of existing structures and construction of seven (7) PRINTED A storey mixed useIS development at 1 Ellen Subway, Mortdale – see discussion later in the THIS assessment report for further details on this adjoining DA.
DESCRIPTION OF THE SITE AND LOCALITY 31. The subject site has a street address of 85 - 87 Railway Parade, Mortdale, and is formally known as Lot 7 Sec. 1 in Deposited Plan 1884, Lot 8 in Deposited Plan 456956, and Lot 1 in Deposited Plan 171157.
32. The combined area and dimensions of the subject site are as follows:
Site Area 1367.2sqm Frontage to Railway Parade 34.44m Frontage to Ellen Subway 38.99m Rear northern boundary 27.43m Side western boundary 44.195m
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33. The subject site is located on the south western corner of Ellen Subway being the corner of Railway Parade and Ellen Subway, being is approximately 30m south of the Mortdale Railway Station and the T4 Eastern Suburbs and Illawarra Line.
34. At the eastern edge of the subject site is Lot 1 in Deposited Plan 171157 which is at the corner of Railway Parade and Ellen Subway. Located in the middle of the three allotments is 85 Railway Parade which includes a single storey brick house with a tiled roof. Adjoining to the west is 87 Railway Parade which includes a two storey brick house with a tiled roof, and a detached garage at the rear of the site with vehicle access off Railway Parade.
35. The subject site comprises mostly garden plants and shrubs, and is generally clear of any significant trees, except for an 8m high Jacaranda tree located within the north-eastern rear corner of 85 Railway Parade. Adjoining the subject site within the verge of Ellen Subway is a 9m high White Cedar tree which has a 12m canopy spread that encroaches upon the eastern portion of the subject site.
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Figure 3 – Aerial photograph depicting the subject site and surrounds at 17 July 2018. Noted in this image is the proximity of the subject site to the Mortdale railway station to the north-west, and the associated T4 Eastern Suburbs & Illawarra Line. Beyond to the north-west is the Mortdale neighbourhood centre. Immediately adjacent to the north and west is land also zoned B2 Local Centre under the KLEP2012. Opposite the site to the south and east is land zoned R2 Low Density Residential.
36. Adjoining the subject site to the north is 1 Ellen Subway, Mortdale. This land contains a two-storey brick dwelling and carport, and also a single storey building with other small structures. This land is accessed via Ellen Subway. Currently under assessment by GRC
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is DA2017/0570 for the demolition of these existing structures and construction of a seven (7) storey mixed use development with basement car parking.
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PLEASE Figure 4 – Perspective image of the proposed residential flat building current under assessment by GRC on the neighbouring land to the north at DOCUMENT1 Ellen Subway, Mortdale (DA2017/0570). This development adjoins the T4 railway line and theOFFICIAL rear boundary of the subject site. The proposal THE is for demolition of existing structures andFOR construction of seven (7) storey mixed use development with basement carpark. PAPER. BUSINESS
37. Adjoining to the south west ofCOUNCIL the subject site is land at 89 Railway Parade Mortdale. This land currently includes a twoRIVER storey semi-detached brick dwelling house. A double garage presents to the street andGEORGES vehicular and pedestrian access is from Railway Parade. THE OF COPY 38. Immediately opposite the site, within Railway Parade Mortdale being land at 116 and 118 PRINTED A Railway Parade. ISThis land includes a pair of mixed use buildings comprising a commercial and residential THIScomponent. The building at 118 Railway Parade is a two storey structure, with the commercial component occupying the ground floor and the residential component provided as shop-top housing. The building at 116 Railway Parade is a single storey structure with the commercial component fronting the street at ground level and the residential component situated at the rear. Both buildings have an awning extending over the Railway Parade footpath.
39. To the east of the site at 83 Railway Parade, on the opposite side of Ellen Subway, is a single storey brick cottage with vehicular access from Rosemont Avenue. A single bathroom window is located on the south western elevation of the cottage that faces the subject site, and a timber paling fence extends the length of the south western property boundary. Substantial vegetation is situated along the verge between 83 Railway Parade and Ellen Subway and is known as Ellen Subway Gardens (Rosemont Avenue Reserve).
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Figure 5 – View of the subject site from the corner of Railway Parade and Ellen Subway looking northwest. Noted in this image is the two-storey brick dwelling at 87 Railway Parade to the left of frame, the single storey brick dwelling to the centre of the frame, and the triangular vegetated allotment adjacent to Ellen Subway which includes the White CedarWWW.GEORGESRIVER.NSW.GOV.AU. tree which has a canopy spread that encroaches upon the eastern portion of the subjectWEBSITE: site – the tree is without foliage RIVER given it is deciduous and the photograph was captured in July 2018. GEORGES THE
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Figure 6 - View of the subject site from the southern side of Railway Parade looking north east across the site’s frontage to Railway Parade. Noted in this image is the two storey dwelling at 89 Railway Parade to the far-left of frame, two storey brick dwelling at 87 Railway Parade to the centre-left of frame, the single storey brick dwelling to the centre-right of frame, and brick cottage on the opposite side of Ellen Subway to the far right of frame.
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Figure 7 - View of the subject site from the eastern side of Ellen Subway looking south-west to the secondary street frontage of the site to Ellen Subway. Noted is the Colorbond fence to 85 Railway Parade, and the land between the Colorbond fence and Ellen Street largely comprising of Lot 1 in DP 171157 which also forms part of the subject siteWWW.GEORGESRIVER.NSW.GOV.AU. except for a small portion adjacent to the driveway at the right of frame which is Lot 1 DPWEBSITE: 171156. RIVER
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Figure 8 – Image of the dwelling house located at 85 Railway Parade captured from the footpath of Railway Parade looking north.
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Figure 9 – Image of the dwelling house located at 87 Railway Parade captured from the footpath of Railway Parade looking north.
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Figure 10 - Two storey semi-detached brick dwelling house with the double garage presenting to the street at 89 Railway Parade. Image captured from Railway Parade looking north.
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Figure 11 – Image of the mixed use buildings opposite the subject site on the southern side of Railway Parade at 116 and 118 Railway Parade. Image captured from the northern side of Railway Parade looking south. WWW.GEORGESRIVER.NSW.GOV.AU.
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Figure 12 – image of the dwelling house/cottage on the opposite corner of the subject site at 83 Railway Parade. Image captured from the southern side of Railway Parade looking north east.
APPLICABLE PLANNING CONTROLS Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 - Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Draft Environment State Environmental Planning Policy Kogarah Local Environmental Plan 2012
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Hurstville Local Environmental Plan 2012 Kogarah Development Control Plan 2013 Apartment Design Guide
PLANNING ASSESSMENT
40. The site has been inspected and the proposed development has been assessed under the relevant Section 4.15(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979 (the Act).
Environmental Planning Instruments
Kogarah Local Environmental Plan 2012
Zoning 41. The subject site is zoned Zone B2 Local Centre under the provisions of the Kogarah Local Environmental Plan 2012 (KLEP2012). Refer to zoning map extract below
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Figure 13 – Zoning map extract from the KLEP2012 demonstrating the subject site is located within the B2 Local Centre zone. Within the B2 zone, mixed use development for the purposes of shop-top housing is permitted with consent.
42. The objectives of the B2 zone are as follows: - To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area. - To encourage employment opportunities in accessible locations. - To maximise public transport patronage and encourage walking and cycling
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43. The proposed development is capable of achieving consistency with the objectives of the B2 zone as it will provide for a mix of both commercial and residential land uses within an accessible location to the nearby Mortdale Railway Station. Additional, employment opportunities will arise from the proposed commercial area on the ground floor of the building.
44. The extent to which the proposal complies with the relevant standards of Kogarah Local Environmental Plan 2012 (KLEP2012) is outlined in the table below.
Clause Standard Proposed Complies Part 2 – B2 Local Centre The proposal being shop top Yes Permitted or housing and commercial Prohibited premises are permissible forms Development of development with Council's consent. Objectives of the Consistent with zone objectives Yes – see Zone comments above 4.3 – Height 21m as identified on Proposal measures a maximum Yes WWW.GEORGESRIVER.NSW.GOV.AU. of Buildings Height of Buildings of 21m at the lift overrun. WEBSITE:
Map RIVER 4.4 – Floor 2.5:1 as identified 2.558:1, 2.32% variation to the No – see GEORGES Space Ratio on Floor Space standard. THE comment VISIT Ratio Map below PLEASE 4.5 – FSR and site area Noted. Noted Calculation of calculated in DOCUMENT floor space accordance with OFFICIAL THE ratio and site Cl.4.5 FOR area PAPER. 5.10 – The objectives ofBUSINESS The site is within the vicinity of Yes Heritage this clause are;COUNCIL the Mortdale Railway Station and Conservation (i) to conserveRIVER the car sheds, which is listed as an environmentalGEORGES item (I71) of State significance THE heritageOF of within the Hurstville Local COPY Kogarah, Environmental 2012. Council has PRINTED A (ii)IS to conserve the not required a heritage impact THISheritage assessment and considered that significance of the proposal is unlikely to result heritage items and in any undue impacts on the heritage nearby item. conservation areas, including Notably, a DA is currently under associated fabric, assessment at 1 Ellen Subway settings and views. The DA was referred to Council’s Heritage officer for comment who has recommended support of the proposal – refer to detailed heritage response in the referrals section later in this assessment report. 6.2 To ensure that The proposed earthworks are Yes
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Earthworks earthworks do not considered acceptable having have a detrimental regard to the provisions of this impact on clause as the works are not likely environmental to have a detrimental impact on functions and environmental functions and processes, processes, neighbouring uses, neighbouring uses, cultural or heritage items or cultural or heritage features of the surrounding land. items or features of the surrounding land
Clause 4.6 Exceptions to development standards 45. Clause 4.4 of the KLEP2012 prescribes that the maximum floor space ratio (FSR) for a building is not to exceed the FSR shown for the land on the FSR Map. The FSR Map for the subject site under the KLEP2012 indicates a maximum FSR of 2.5:1.
46. The subject site has a combined site area of 1,367.2sqm, which means the maximum gross floor area (GFA) for buildings on the land is 3,418sqm. As part of the documentation WWW.GEORGESRIVER.NSW.GOV.AU. submitted with the DA, the applicant has provided GFA calculation diagrams, and the information within these diagrams indicates that the proposalWEBSITE: is compliant by less than RIVER 1sqm, with a total GFA of 3,417.57sqm. GEORGES THE 47. However, the GFA diagrams also show that relevantVISIT elements have been excluded from this calculation, and therefore the proposal hasPLEASE been assessed as being non-compliant with the FSR standard. It is estimated thatDOCUMENT the total proposed GFA is approximately 3,498sqm, which would equate to a non-compliantOFFICIAL FSR of 2.558:1 and would represent a THE 2.32% variation to the FSR developmentFOR standard under clause 4.4 of the KLEP2012. PAPER.
48. The estimated 80sqm discrepancyBUSINESS between the applicant’s GFA calculation of
3,416.68sqm and the DA assessmentCOUNCIL planner’s calculation of approximately 3,498sqm appears to relate to the followingRIVER building components:
GEORGES THE - Residential and commercialOF waste rooms on the ground floor of the building have been excluded from theCOPY GFA calculation as outlined in part (e) of the GFA definition, only PRINTED A garbage areasIS in a ‘basement’ are excluded from the GFA calculation. The aforementionedTHIS waste rooms are not within the ‘basement’ as per the definition contained within the Dictionary of the KLEP2012. This is because the floor level of the storey immediately above the garbage rooms is not less than 1m above ground level (existing), but is in fact several metres above the ground level (existing). - The pedestrian access to the WC on the ground floor has not been included within the GFA definition, despite there being no apparent reason to exclude this when having regard to the GFA definition. - The proposal includes a surplus of one (1) residential car parking space over that of the requirements of the consent authority. Per part (g) of the GFA definition, car parking to meet any requirements of the consent authority (including access to that car parking) is excluded from the GFA definition.
49. The applicant has provided a formal written clause 4.6 request dated 8 August 2018, of which is attached to this report, a synopsis of the justification is outlined below:
Lot size – 1,367.2sqm
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Permitted FSR 2.5:1 – 3,418sqm Proposed FSR – 3,470.2sqm being a variation 1.53% or 52.42sqm The excess floor space relates to the waste enclosure located above ground level.
Conclusion: This written request has been prepared in relation to the proposed variation to the FSR development standard contained in KLEP 2012. Despite the non-compliance with the standard, the proposed FSR and subsequent form are compatible with the emerging character of the locality as anticipated by the changes to the height and FSR development standards.
It is important to note that the building density variation is not a by-product of non- compliant development height as there is no calculable gross floor area that exceeds the height limit. Rather, the resultant density increase is a result of the waste enclosure being located at the ground level rather than within a basement and therefore not excluded from GFA.
The proposal represents the first major redevelopment of land in the Mortdale Precinct south of the rail corridor and will establish an appropriate pattern of development. The WWW.GEORGESRIVER.NSW.GOV.AU. mixed-use development will have no significant adverse impact on the amenity of adjoining or nearby properties and will offer a substantial level of internalWEBSITE: amenity for future residents RIVER in a highly accessible location. GEORGES THE The proposal provides for 40 new high-quality dwellingsVISIT and new commercial floor space in the Georges River Local Government Area andPLEASE therefore assists in meeting the housing and commercial needs of the community needsDOCUMENT of the community. The commercial floor
space proposed is proximate to the existingOFFICIAL Mortdale Town Centre and will support THE ongoing economic activity in the locality.FOR The floor space is function in terms of its layout, attractive due to its exposure and PAPER.visibility from Railway Parade and Ellen Subway, and
will conceivably accommodate BUSINESS a broad range of commercial and business uses. This
aspect of the development willCOUNCIL create new employment opportunities and will undoubtedly have a positive economic impact.RIVER
GEORGES THE The request explains OF that, with the proposed variation, the development satisfies the objectives of the standardCOPY and the objectives of Zone B2. It further explains why it is
PRINTED A therefore unreasonableIS and unnecessary to require strict compliance with the FSR development standard.THIS In addition, this request demonstrates that there are sufficient site specific environmental planning grounds to justify the variation, and therefore the proposal is considered to be in the public interest.
50. The request for a variation to the floor space ratio development standard in the circumstances of the case is supported for the following reasons:
- None of the GFA identified above constitutes residential apartments or commercial floor area of the building, and such, the applicant is not unduly benefiting from the FSR non- compliance through additional apartments or commercial spaces. - The GFA variation is largely a technical non-compliance that has largely come about through strict application of the relevant definitions within the Dictionary of the KLEP2012 that are unsympathetic to site anomalies, such as the varying topography of the land. Although these areas are located on a ‘ground level’, the gradual slope down to the commercial corner results in the areas away from the corner moving closer towards meeting the definition of the basement level. The areas listed above are located
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part way through this level, and their finished floor levels are well below the existing ground levels of the site. - A reason why the garbage rooms are not considered ‘basement’ despite their floor level being almost 2m below existing ground level, is because of the higher ceiling heights required on the ground floor of shop top housing development that see the floor level of the storey immediately above the garbage rooms being more than 1m above ground level (existing). - The areas of non-compliance are internal to the building, and do not include windows that would overlook adjoining property, nor do these parts of the building contribute to increased overshadowing etc. - It is contended that irrespective of the numerical non-compliance with the FSR development standard, the objectives of the development standard and also the B2 zone are still achieved. - In the circumstances of the above, it would likely be in the public interest for the consent authority to permit the minor 2.32% variation of the control.
51. Given the above, it is recommended that the clause 4.6 variation to the FSR development standard be supported in the circumstances of this case.
WWW.GEORGESRIVER.NSW.GOV.AU. Environmental Planning and Assessment Regulations 2000 WEBSITE:
52. The proposed development satisfies the relevant mattersRIVER for consideration under the Regulations. GEORGES THE VISIT State Environmental Planning Policies PLEASE
Greater Metropolitan Regional Environmental DOCUMENTPlan No 2 – Georges River Catchment 53. The site is within the area affected by theOFFICIAL Greater Metropolitan Regional Environmental THE Plan No 2 — Georges River Catchment.FOR The proposal, including the disposal of stormwater, is considered to be consistentPAPER. with Council's requirements for the disposal of stormwater in the catchment. BUSINESS COUNCIL 54. All stormwater from the proposedRIVER development will be managed by the proposed stormwater system and GEORGESwill be treated in accordance with Council’s Water Management THE Policy and would thereforeOF satisfy the relevant provisions of the Deemed State COPY Environmental Planning Policy – Georges River Catchment. PRINTED A State Environmental ISPlanning Policy (Infrastructure) 2007 55. Divisions 5 (ElectricityTHIS Transmission or Distribution) and 17 (Roads and Traffic) of the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) are not applicable to the proposal. There is no information to indicate that an external referral to the relevant energy supply authority was required in accordance with clause 45 of the ISEPP. The proposal does not constitute “Traffic generating development”, thus a referral was not made to Roads and Maritime Services (RMS).
56. Division 15 (Railways) of the ISEPP is however applicable to the site as pursuant to clause 86(1) it is within 25m of a rail corridor. As required by clause 86(2), a referral was made to the Rail Authority (Sydney Trains) on 26 April 2018; a response was received on 10 May 2018 with the rail authority issuing a “Stop the Clock” letter until information was provided by the applicant.
57. As per clause 86(3) of the ISEPP the consent authority must not grant consent to development to which this clause applies without the concurrence of the rail authority for the rail corridor to which the DA relates.
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58. Sydney Trains have not provided comments at the time of preparation of this report 8 August 2018.
State Environmental Planning Policy No 55 - Remediation of Land 59. A review of the site history indicates that the site has been used for residential purposes for extended periods of time, and such uses and/or development are not typically associated with activities that would result in the contamination of the site. Further to the site review, submitted information and site inspections did not identify evidence of contamination. With consideration to the above, and assuming that recommended consent conditions and are satisfied in the event of an approval, it is unlikely that the site is contaminated and the site would therefore be suitable for the proposed development.
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 60. BASIX Certificate No. 852364M_02 dated 8 August 2018 has been issued for the proposed development.
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 61. The objectives of the SEPP are to protect the biodiversity values of trees and other WWW.GEORGESRIVER.NSW.GOV.AU. vegetation in non-rural areas and preserve the amenity of non-rural areas through the preservation of trees and other vegetation. This policy appliesWEBSITE: pursuant to Clause 5(1) of RIVER the SEPP as the site is within both Georges River Council and the B2 Local Centre zone. GEORGES Pursuant to Clause 8(1) of the SEPP, clearing doesTHE not require authority under the policy as it is a type of clearing that is authorised underVISIT Section 60O of the Local Land Services Act 2013 (specifically, that associated with a developmentPLEASE consent issued under Part 4 of the Environmental Planning and AssessmentDOCUMENT Act 1979).
OFFICIAL THE State Environmental Planning Policy No FOR65 —Design Quality of Residential Apartment Development PAPER.
62. State Environmental Planning PolicyBUSINESS No.65 – Design Quality of Residential Flat Buildings
(SEPP 65) was gazetted onCOUNCIL 26 July 2002 and applies to the assessment of DAs for residential flat developmentsRIVER of three or more storeys in height and containing at least four
dwellings. Amendment 3GEORGES to SEPP 65 commenced on 17 July 2015 and implemented THE various changes includingOF the introduction of the Apartment Design Guide (ADG) to replace the ResidentialCOPY Flat Design Code. Given the nature of the development proposed,
PRINTED A SEPP 65 applies.IS THIS 63. Clause 28(2) of SEPP65 requires that the consent authority take into consideration the following as part of the determination of DAs to which SEPP 65 applies:
a) the advice (if any) obtained from the design review panel, and b) the design quality of the development when evaluated in accordance with the design quality principles, and c) the Apartment Design Guide.
64. The following provides a comment in relation to items a) and b) above. An assessment against c) is contained within Attachment A.
65. The DA was assessed by the Design Review Panel (DRP) at a meeting held on 13 October 2018 having regard to each of the nine (9) Design Quality Principles.
66. In their report, the DRP recommends support of the application, subject to the issues raised within their Report being resolved.
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67. It is noted that the DRP indicates that the application satisfied the design quality principles contained within SEPP65.
68. The issues raised by the DRP are covered below, followed by a comment on how they have been resolved:
SEPP 65 – Design DRP Comment Planner Comment Quality of Residential Flat Buildings Context and Neighbour The site is located in an Noted. A DA has also subsequently ing Character area recently rezoned B2 been lodged for the adjoining site to Good design responds with a permissibly density the north at 1 Ellen Subway, and contributes to its of 2.5:1 and a height of Mortdale for the demolition of context. Context is the 21m. It would be the first existing structures and construction key natural and site to be redeveloped in of seven (7) storey mixed use built features of an area, the block bounded by Ellen development. their relationship and the Subway, Railway Parade Regarding the native White Cedar character they create and the railway to the located on the Ellen Subway WWW.GEORGESRIVER.NSW.GOV.AU. when combined. It north. Ellen Subway to the frontage, it is noted that the WEBSITE:
also includes social, south of the railway applicantRIVER has relocated the access economic, health and underpass has wide nature driveway to the development to the GEORGES environmental strips on both sides with THERailway Parade frontage and conditions. extensive planting and VISIT included a ‘cut-out’ in the basement PLEASE Responding to context adjacent to the subject site to accommodate the retention of the involves identifying the is a very attractive andDOCUMENT tree as per the DRP request. desirable elements of an significant tree (MeliaOFFICIAL The application has been referred to THE area’s existing or future azedarach – NativeFOR white Council’s Tree Management Officers character. Well cedar), whichPAPER. should be who have confirmed retention of the
designed buildings conserved.BUSINESS tree is capable, subject to the
respond to and enhance VehicularCOUNCIL access to the imposition of consent conditions. the qualities and identity subjectRIVER site and the Acknowledging the critical nature of
of the area including the adjoiningGEORGES site to the north is vehicular access along the Ellen THE adjacent sites, OFa critical issue and Subway frontage, the applicant has streetscape COPY desirably both should be relocated the vehicular entry to the PRINTED A and neighbourhood. IS served by only a single cut Railway Parade frontage. Consideration of localTHIS through the existing A commercial tenancy to the context is important for embankment. Note that the Railway Parade frontage has been all sites, including sites ownership of the included in the amended plans. This in established areas, embankment is unclear and wraps partially around to the Ellen those undergoing owners consent will be Subway frontage but not so far as to change or identified for necessary. impact on the existing significant change. The site adjoins Railway vegetation. Parade to the south which The pedestrian entry to the building offers the potential for has been positioned on the railway commercial frontages on parade frontage as recommended this site and the adjoining by the DRP. This would leave only sites in the block. This also the single cut-through of the existing appears to be the obviously embankment to accommodate desirable location for the parking for the adjoining pedestrian entrance. development at 1 Ellen Subway, Mortdale as recommended by the
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DRP. With the vehicular access moved to the Railway Parade frontage, this would also ameliorate land ownership concerns raised by the DRP over what was presumably the wedge shaped lot at Lot 1 in DP 171156. Built Form and Scale The form and scale is The comments from the DRP noting Good design achieves a generally appropriate for the form and scale of the scale, bulk and height the new increased density development being generally appropriate to the development of the area. appropriate for the area are noted. existing or desired However the strong white Regarding the comments from the future character of the horizontal bands of the DRP on the ‘strong white horizontal street and surrounding lower three (3) storeys bands of the lower three (3) storeys’, buildings. should be made less these have since been made less Good design also dominant and relate more dominant via the applicant’s achieves an appropriate sympathetically to this amended plans in the following built form for a site and context. manner: WWW.GEORGESRIVER.NSW.GOV.AU. the building’s purpose The following issues should - The horizontal bands have been WEBSITE:
in terms of building be addressed: reducedRIVER from 4 storeys to 3 alignments, proportions, - Vehicular entry and storeys to relate to the lower GEORGES building type, articulation basement construction THE density dwellings along Railway and the manipulation of should be located in a VISIT Parade. PLEASE building elements. way which ensures that - The overall bands are divided Appropriate built form there be no adverseDOCUMENT with series of slots to reduce the defines the public impact on the importantOFFICIAL length of the balustrade as well THE domain, contributes to tree, and theFOR attractive as introduction of vertical screens the character character ofPAPER. the to balance the horizontality of the of streetscapes and landscapedBUSINESS public balconies. parks, including their property.COUNCIL views and vistas, and - FutureRIVER vehicular access The vehicular entry has been provides internal amenity GEORGESto the adjacent site to relocated to the Railway Parade THE and outlook. OF the north must be frontage to address previous impact COPY resolved as part of this on the White Cedar tree on the Ellen PRINTED A IS development, desirably Subway frontage, and increase THIS with shared access opportunities for landscaping on the through this site. Council Ellen Subway frontage. should condition Given the location of the vehicular approval for the subject entry has changed to the Railway development to ensure Parade frontage; there is no need to that this access will be include a shared vehicular access to protected to serve the the adjoining development currently adjoining site as well. under consideration by Council at 1 - Pedestrian entrance Ellen Subway. The outcome of this should be relocated to arrangement will still ensure only the Railway Parade one cut-through of the embankment frontage is proposed, and this will be located - The Panel recommends in a position that is in the vicinity of that amenities be the existing vehicular access cut- provided to support the through for 1 Ellen Subway. communal space on the The pedestrian entry has been
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roof garden. This should relocated to the Railway Parade attempt to conform frontage as requested by the DRP. where possible with the The roof top communal open space height and floor space is claimed by the applicant to ratio. include a child play area to better support the use of this space for different age groups. However this is not reflected on the drawings. A condition requiring this is imposed. Density Compliant and acceptable Noted. Good design achieves a high level of amenity for residents and each apartment, resulting in a density appropriate to the site and its context. Appropriate densities are consistent with the area’s existing or WWW.GEORGESRIVER.NSW.GOV.AU. projected population. WEBSITE:
Appropriate densities RIVER can be sustained by GEORGES existing or proposed THE infrastructure, public VISIT PLEASE transport, access to jobs, community facilities and DOCUMENT the environment. OFFICIAL THE Sustainability Subject to BASIXFOR Noted. A revised BASIX certificate Good design combines PAPER. has been provided. positive environmental, BUSINESS
social and economic COUNCIL outcomes. RIVER Good sustainable design GEORGES THE includes use of natural OF cross ventilation and COPY PRINTED A sunlight for the amenityIS and liveability of THIS residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation. Landscape As mentioned above, the The proposal now includes the Good existing embankment and vehicular and pedestrian access
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design recognises that trees along Ellen Subway points on the Railway Parade together landscape and are a valuable landscape frontage, meaning that pressure on buildings operate as an asset that should the landscaped outcome for Ellen integrated and be retained, protected and Subway has been largely sustainable system, enhanced. To this end, and ameliorated. A revised landscape resulting in attractive as mentioned above, the plan has not been submitted to developments with good existing landform and Council however, given the critical amenity. A positive significant vegetation must nature of the building’s presentation image and contextual fit be retained and protected, to Ellen Subway the application will of well including from any be conditioned that a detailed designed developments constraint that this landscape plan be provided prior to is achieved by development places on the issue of a Construction contributing to the future development of Certificate. It is recommended that a landscape character of adjoining sites. The tree condition be included whereby an the streetscape protection zone for the updated landscape plan is provided and neighbourhood. existing Melia sp. should be prior to the issue of a Construction Good landscape design calculated, mapped and Certificate. enhances the protected. As outlined above, the revised development’s Any level changes between landscape plan is considered WWW.GEORGESRIVER.NSW.GOV.AU. environmental the development and the necessary for the proposed DA, and performance by retaining existing levels along Ellen this shouldWEBSITE: include details on any RIVER positive natural features Subway should be handled level changes adjacent to the Ellen GEORGES which contribute to the via thoughtful landscape THESubway frontage. local context, co- initiatives in preference VISIT The amended proposal maintains a ordinating water and soil to built structures or PLEASE deep soil area along the northern management, solar retaining walls. DOCUMENT boundary with a minimum width of access, micro-climate, In addition, the streetOFFICIAL 3m. THE tree canopy, habitat landscape in frontFOR of the The revised landscape plan is to values and preserving adjacent site PAPER.to the north include the proposed street tree
green networks. must be conservedBUSINESS and planting in accordance with
Good landscape thereforeCOUNCIL considered in the Council’s specifications. design optimises useabili designRIVER of this site. The applicant details a children’s
ty, privacy and StreetGEORGES tree planting should play area and BBQ space has now THE opportunities for social OFbe provided to Railway been included on the rooftop terrace interaction, equitable COPY Parade and Ellen as recommended by the DRP, PRINTED A access, respect for neighIS Subway. however this is not reflected on the bours’ amenity and THIS The proposed floor level of plans. provides for practical the commercial space is This will help facilitate use of the establishment and long not apparent in the space by a wider age group. The term management. drawings provided however applicant has noted that a WC is any grading required to provided on the ground level which ensure accessibility from is accessible via the lift from the the footpath must occur rooftop. within the property A maintenance access door has boundary. been provided to enable access to A program of use that the ‘pebble roof’ on Level 1 of the considers the likely building as per the DRP recreational needs of recommendations. residents should be The large balconies on Level 4 of developed for the roof top the building now include planter communal open space. boxes to help define the edge of the This may include separate building, and provide some areas for group gatherings, screening to the property boundary.
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 84
solitary pursuits, or Planter boxes are also proposed for children’s play. A small the extent of the rooftop area that kitchenette and wc facilities does not comprise of the communal should be provided. The open space area. design should eliminate Given no amended landscape plan any small, non-functional has been provided, there is still no spaces. detailing of the nature strips in front Access must be provided to of the commercial premises on the ‘pebble roof’ on level Railway Parade. As such, it is 1 for maintenance. There recommended a condition be may be opportunity to included that details be provided provide greening of the with the Construction Certificate. north facing wall in this area. The super-sized balconies require planter boxes to delineate private open space, provide an appropriate sense of WWW.GEORGESRIVER.NSW.GOV.AU. scale, and screen along the property boundary. WEBSITE: RIVER The reason for the ‘nature GEORGES strip’ adjacent to the THE commercial frontage on VISIT Railway Parade is unclearPLEASE – see architectural planDOCUMENT DA1103. The RailwayOFFICIAL THE Parade streetscapeFOR must be more fullyPAPER. resolved
including levels,BUSINESS paving,
landscape,COUNCIL any street furniture,RIVER lighting, etc.
Amenity GEORGES THE Good design positively OFThe following issues should The pebble roof remains as such on influences internal and COPY be addressed: Level 1. Opportunities to landscape PRINTED A external amenity for IS - The narrow natural light this have not been included in the residents THIS slot. See comments amended plans, nor has this matter and neighbours. above under been appropriately responded to the Achieving good amenity ‘Landscape’ – greening applicant. contributes to positive of this pebble roof might Screening has now been provided to living environments and be considered. all balconies. The corner balconies resident well being. - Balconies should be are protected with solid balustrades Good amenity combines provided with screening from privacy and wind impact. appropriate room to ensure privacy and dimensions and shapes, protection from strong access to sunlight, winds, particularly corner natural ventilation, balconies. outlook, visual and - Provide screening and acoustic privacy, protection to bedroom storage, indoor and windows. outdoor space, efficient layouts and service
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 85
areas and ease of access for all age groups and degrees of mobility. Safety Satisfactory Noted. Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximise passive surveillance of public and communal areas promote safety. A positive relationship WWW.GEORGESRIVER.NSW.GOV.AU. between public and WEBSITE:
private spaces is RIVER achieved through clearly GEORGES defined secure access THE points and well lit and VISIT PLEASE visible areas that are easily maintained and DOCUMENT appropriate to the OFFICIAL THE location and purpose. FOR Housing Diversity and Satisfactory PAPER. Noted. Social Interaction Consider howeverBUSINESS
Good design achieves a proximityCOUNCIL to the railway The proposed development is within mix of apartment sizes, stationRIVER and nearby close proximity of the Mortdale providing housing choice schools.GEORGES railway station and Mortdale THE for different OF neighbourhood centre. The demographics, living COPY apartment mix proposed is not PRINTED A needs and householdIS considered to respond poorly to this, budgets. THIS and a good mix of dwellings sizes is Well designed apartment included. developments respond to social context by providing housing and facilities to suit the existing and future social mix. Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 86
interaction among residents. Aesthetics Requires further refinement The applicant has responded Good design achieves a to take into account the through the introduction of polished built form that has good evolving context, preferably concrete to the horizontal bands proportions and a avoiding stark dark and signifying weathering effects on the balanced composition of white contrast. façade, as well as the vertical elements, reflecting the timber-looking composite cladding internal layout and panelling which will complement the structure. Good design existing abundance of green strips uses a variety of along the embankment as well as materials, colours and the RE1 zoned land diagonally textures. across the site to the north. The visual appearance of a well- Blue bricks which are applied to the designed apartment ground level wall level reinforce the development responds podium style expression, as well as to the existing or future respond to the surrounding buildings local context, particularly which are predominantly brick WWW.GEORGESRIVER.NSW.GOV.AU. desirable elements and dwellings. WEBSITE:
repetitions of the RIVER streetscape. GEORGES THE 69. Having regard to the above, it is considered the adviceVISIT provided by the DRP has generally PLEASE been adopted by the applicant in the amendments to the drawings. The only outstanding matter would be that pertaining to a revisedDOCUMENT landscape plan which, should the DA be approved, can be addressed via the followingOFFICIAL condition: THE FOR Landscape Plan. The submissionPAPER. of a revised landscape plan having regard to the applicant’s design amendmentsBUSINESS undertaken throughout the course of the development
application assessment, in particularCOUNCIL responding to the comments raised by the Design Review Panel in their reportRIVER dated 13 October 2017, and in response to Council’s additional information requestGEORGES dated 21 November 2017. The revised landscape plan THE should include, but notOF be limited to the following: COPY PRINTED A - The landscapeIS treatment of the Ellen Subway frontage, ensuring the White Cedar tree is retained, THISalong with the sloping nature of the embankment. - Any level changes between the development and the existing levels along Ellen Subway should be handled via thoughtful landscape initiatives rather than built structures or retaining walls. - Detail planting for all planter boxes proposed to ensure appropriate screening and softening of the building. This also includes the narrow light slot where the pebble roof is located. - The Railway Parade streetscape must be more fully resolved including levels, paving, landscape, any street furniture, lighting, etc.
70. The Apartment Design Guide (ADG) provides planning and design standards for apartments across NSW. It provides design criteria and general about how development proposals can achieve the nine design quality principles identified in SEPP 65.
71. As outlined earlier, Clause 28 of SEPP65 requires the consent authority to take into consideration the provisions of the ADG. Contained in Attachment A is a detailed
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 87
compliance table assessment how the proposed development, as currently amended, performs against the relevant provisions of the ADG.
72. As demonstrated within the ADG compliance table, the proposal is satisfactory when considered against the relevant objectives, design criteria and design guidance for residential flat buildings.
Draft Environmental Planning Instruments
Draft Environment SEPP 73. The Draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018. This consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property.
74. Changes proposed include consolidating the following seven existing SEPPs: State Environmental Planning Policy No. 19 – Bushland in Urban Areas State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 State Environmental Planning Policy No. 50 – Canal Estate Development
Greater Metropolitan Regional Environmental Plan No. 2 – WWW.GEORGESRIVER.NSW.GOV.AU.Georges River Catchment Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997) WEBSITE:
Sydney Regional Environmental Plan (Sydney HarbourRIVER Catchment) 2005
Willandra Lakes Regional Environmental Plan No. 1GEORGES – World Heritage Property. THE
VISIT
75. The proposal is not inconsistent with the provisionsPLEASE of this Draft Instrument.
DOCUMENT Development Control Plans OFFICIAL THE KOGARAH DEVELOPMENT CONTROL PLANFOR NO 2013 (KDCP) PAPER. Part C1 KDCP 2013 – Development Compliance Table 76. A detailed assessment of the developmentBUSINESS against the relevant sections of KDCP 2013 is contained in Attachment B of thisCOUNCIL assessment report. RIVER
GEORGES 77. Below is a discussion onTHE the key non-compliances/issues with the KDCP2013. OF
COPY
Active Frontages PRINTED A 78. Part 3.6.2 of D1IS outlines requirements for active frontages within the B1 and B2 zones. THIS The objectives of the controls are provided as follows:
a) Achieve a well designed streetscape that engages and activates the commercial locality and contributes to its economic viability. b) Ensure streetscapes enhance pedestrian safety and provide adequate lighting and opportunities for passive surveillance. c) Provide shopfronts and openings that relate in scale and proportion to the new and existing neighbouring buildings. d) Preserve the surviving heritage character of whole shop frontages and their elements. e) Ensure that non-retail uses and their entries do not detract from the retail streetscape. f) Design buildings with active frontages that engage and activate the centre.
79. The proposal provides a large commercial area at the street corner, which is the most prominent location of the site, as well as being the lowest point of the site.
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 88
80. The commercial area occupies approximately one-third of the Ellen Subway frontage which is currently characterised by a continuous embankment, between the intersection with Railway Parade and the Railway bridge further to the north. A previous design had sought a basement entry along this frontage; however, the Design Review Panel had considered that the streetscape would be better served with the retention of trees within the embankment, and the maintenance of a landscape setting within at this frontage.
81. This is consistent with Part 3.13 of Part D1, which requires landscape buffers to the proposed adjacent to low density residential development, an appropriate landscape buffer is to be planted to provide separation and screening between the proposed development and the existing low density development. Single dwellings within the R2 Low Density Residential zone sit directly opposite the site across Ellen Subway, and the retention of the embankment will better allow for a landscape buffer between the higher density development at the subject site, and the low density development on the eastern side of Ellen Subway. As a consequence of the retention of the embankment, there is little utility in providing an active frontage at the northern end of this frontage, as the ground floor areas will sit behind the retained embankment.
82. The commercial area comprises over half of the frontage to Railway Parade, with the WWW.GEORGESRIVER.NSW.GOV.AU. remainder occupied by a residential lobby, basement vehicular access, and services (i.e. emergency egress, fire hydrant pump room, and fire booster).WEBSITE: Given these services cannot RIVER be located on the Ellen Subway frontage, it is considered that the active frontages at the GEORGES Railway Parade frontage is maximised, noting thatTHE the residential lobby will also generate pedestrian traffic, and will be visible from the street.VISIT PLEASE 83. It should be noted that the shortest pedestrianDOCUMENT route from the site to Mortdale Railway
Station is along Railway Parade, and OFFICIAL not Ellen Subway. It is considered that active THE frontages have been optimised at this FORsite. PAPER.
Parking BUSINESS
84. Part B4 and Clause 3.7 of COUNCIL Part D1 outline car parking requirements for the subject development. RIVER
GEORGES THE 85. The table below indicatesOF the required residential parking: COPY
PRINTED A Type IS Required Parking Number of Total Required THIS & Dwelling Mix Dwellings Parking 1 Bed 1 7 7 2 Bed 1.5 30 45 3+ Bed 2 3 6 Total Parking 58 Visitor 1/5 40 8 Total Residential Parking 66
86. The proposal provides a total of 67 parking spaces which is compliant with the requirement for residential parking. One (1) additional resident parking space is provided above that required by Part 3.7; this is discussed further within in relation to the floor space ratio non- compliance.
87. The proposal also complies with the minimum requirements for accessible parking, and carwash spaces.
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 89
88. In relation to non-residential parking, Part B4 outlines the following relevant parking rates: 1 space per 25sqm for retail 1 space per 40sqm for commercial
89. The calculations on the plan show that parking has been provided in accordance with the higher retail parking rates, despite retail not being specifically proposed. This is considered to be preferable, as it requires a greater amount of parking, which may be necessary in the event that the use is changed to a retail use via a complying development application. The proposal provides the 9 parking spaces (rounded up) required for the 212sqm of commercial/retail floor space that is proposed. The proposal also provides the required loading bay.
90. Finally, bicycle parking is required in accordance with the following:
Type Required Proposed Total Required Bicycle - Residents 1/3 40 13.3
Bicycle - Visitors 1/10 WWW.GEORGESRIVER.NSW.GOV.AU.40 4.0
Bicycle Commercial 1/5 WEBSITE:8.5 0.8 Total Bicycle RIVER 18.2 GEORGES THE 91. The proposal complies with this requirement. VISIT PLEASE
Design & Layout of Car Parking Areas DOCUMENT 92. Part B4 and Clause 3.7 of Part D1 also provide further guidance on the design of car OFFICIAL parking areas. The proposal does not complyTHE with the following specific requirements: FOR
PAPER. Separate driveways should be provided for the use of residents and service/ customer BUSINESS vehicles accessing non-residential development. COUNCIL
Basement car parking is RIVERto be located within the building footprint.
Include natural ventilationGEORGES to basement and semi basement car parking.
THE OF 93. Each of these non-compliancesCOPY is considered to be acceptable as discussed below:
PRINTED A IS The site is notTHIS large enough to accommodate two driveways, and to do so would be to the detriment of the streetscape, and landscaping within the street. The basement is predominately located within the building footprint, with the exception of a small portion of a basement which extends towards the Ellen Subway boundary towards the northern corner of the site. Given the limited space available at each level to provide parking, and the proportion of each basement level dedicated to manoeuvring, a small encroachment outside of the footprint is acceptable. The additional area of the basement is located away from the tree to be retained and will not be visible from the street. Natural ventilation is not provided as landscaping is provided within the area described above. Exhaust is able to be expelled to above the roof.
IMPACTS
Natural Environment 94. The proposed development is unlikely to result in adverse impacts to the natural environment. There are three (3) street tree located on the nature strip at the front of the
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site with the most important of these being the White Cedar be retained and protected. A landscape plan prepared by a qualified landscape architect has been prepared for the development which shows appropriate deep soil planting to the northern boundary. It is noted a condition for an updated landscape plan has been recommended prior to the issue of a Construction Certificate condition to ensure the landscape outcome reflects the applicant’s amended plans, particularly with regard to the sensitive Ellen Subway frontage and the retention of the significant White Cedar tree.
95. The proposed excavation to the site is for the purposes of providing two basement levels for car parking and associated facilities. The excavation is consistent with that required for most new developments and has generally been supported by Council’s development engineers.
Built Environment 96. The proposed development is unlikely to result in adverse impacts to the built environment. The proposed development complies with the relevant requirements except for FSR. This variation is discussed in the report and is supported by a Clause 4.6 variation as the additional 80m² of floor area is not considered to result in adverse impacts to adjoining developments and the streetscape. The applicant has furnished Council with a WWW.GEORGESRIVER.NSW.GOV.AU. 4.6 variation to the Floor Space Ratio development standard. See detailed discussion earlier in this report. WEBSITE: RIVER
GEORGES Social Impact THE 97. No adverse social impacts have been identified VISITas part of the assessment of the subject DA that could not otherwise be addressed byPLEASE conditions of consent should the DA be approved. DOCUMENT
OFFICIAL THE 98. It is noted that the proposal will provideFOR for 40 new dwellings with a mix of typology in the Georges River Local Government AreaPAPER. and therefore assist in meeting the housing needs
of the community. The range of BUSINESSdwelling sizes, including adaptable, can cater for a cross-
section of the community includingCOUNCIL a range household compositions, and could therefore be construed as having a positiveRIVER social impact.
GEORGES THE Economic Impact OF 99. The proposed developmentCOPY has no apparent adverse economic impact. There may be a
PRINTED A positive economicIS impact as a result of the development through increased demand, and the provision ofTHIS additional commercial floor space within the Mortdale neighbourhood centre. Employment opportunities would also arise beyond construction of the proposed development with the associated commercial premises, and also ongoing maintenance of the building.
Suitability of the Site 100. Should the outstanding matters associated with Sydney Trains under the ISEPP be addressed, the proposed development is considered capable of satisfying the objectives and requirements of the relevant planning provisions. In this circumstance, the subject site would be suitable for the proposed development.
DEVELOPER CONTRIBUTIONS 101. The proposed development requires payment of $436,286.41 of developer contributions based on the provisions of an additional dwellings on the subject site. The contribution amount is based on the following.
DEVELOPMENT CONTRIBUTIONS
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Kogarah Section 94 Development Contributions Plan $25,298.64 No.1 - Roads and Traffic Management - Residential Kogarah Section 94 Development Contributions Plan $395,938.30 No.5 - Open Space 2007 Kogarah Section 94 Development Contributions Plan $8,785.47 No.9 - Kogarah Libraries - Buildings Kogarah Section 94 Development Contributions Plan $6,264.00 No.9 - Kogarah Libraries - Books TOTAL for Section 7.11 contributions $436,286.41
SUBMISSIONS AND THE PUBLIC INTEREST 102. As part of the assessment of the subject DA, notification of the proposal was undertaken in accordance with the provisions of the Kogarah Development Control Plan 2013 (KDCP2013) on 14 September 2017. In response to the notification of the DA, one (1) submission dated 19 September 2017 was received objecting to the proposal.
103. On 9 July 2018 re-notification of amended plans submitted by the applicant took place in accordance with the provisions of the KDCP2013. In response one (1) submission has
been received. WWW.GEORGESRIVER.NSW.GOV.AU.
WEBSITE:
104. The issues raised in the submission dated 19 SeptemberRIVER 2017 are covered below,
followed by a response from the assessing planner: GEORGES THE VISIT
1. Loss of Solar Access – concern has been raisedPLEASE that the development will result cause overshadowing and consequently a loss of solar access to the property at 114 Railway Parade, Mortdale. DOCUMENT OFFICIAL THE Planner Comment – Part C1 – LowFOR Density Housing of the KDCP2013 includes the development controls pertaining to dwellingPAPER. houses. Control 1.6(3) specifies the minimum solar access for dwelling houses asBUSINESS follows: COUNCIL Where the neighbouring propertiesRIVER are affected by overshadowing, at least 50% of the
GEORGES
neighbouring existing THEprimary private open space or windows to main living areas must receive a minimum ofOF 3 hours sunlight between 9am–3pm on 21 June. COPY
PRINTED A 105. Submitted with theIS DA are shadow diagrams which depict the impact of the proposal on THIS solar access to the open space of neighbouring properties. As demonstrated in shadow diagram extracts below, the objector’s property will not experience any overshadowing as a result of the proposed development between the 9am-3pm on 21 June (i.e. the winter solstice).
106. Given compliance with the solar access provisions of the KDCP2013 are achieved, it is noted that pursuant to Section 4.14(3A)(a) of the Act, Council is not to require more onerous standards.
107. Having regard to the above, the overshadowing impacts of the proposed development are considered satisfactory.
2. Building Height and Number of Storeys – concern is raised over the building height of the proposed development, both in terms of its overall height and number of storeys. The objector claims the building height is excessive for the neighbourhood of Mortdale.
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 92
Planner Comment – Clause 4.3 of the KLEP2012 is a non-discretionary development standard that outlines the height of a building must not to exceed the maximum height shown on the Height of Buildings Map.
108. The Height of Buildings Map indicates a maximum building height of 21m for the subject site.
109. The assessment of the proposed development has revealed that the building will have a maximum building height of 21m, and as such achieves compliance with the maximum building height prescribed for the subject site under the KLEP2012.
110. The KDCP2013 also prescribes a number of development controls in relation to building height, including floor to ceiling heights, the massing of buildings, and the height of new development at the street boundary. As outlined within the compliance tables included within this assessment report, the proposed development achieves satisfactory compliance with these development controls.
111. Having regard to the above, the building height of the proposed development is considered satisfactory. WWW.GEORGESRIVER.NSW.GOV.AU.
3. Zoning on Opposite Side of Railway Parade – the objectorWEBSITE: suggests that mixed-use RIVER development should occur on the opposite (southern) side of Railway Parade via a land use GEORGES zoning change. THE VISIT Planner Comment – The land on the southernPLEASE side of Railway Parade, Mortdale is currently zoned R2 Low Density ResidentialDOCUMENT under the provisions of the KLEP2012, while
land to which this DA relates is zonedOFFICIAL B2 Local Centre under the KLEP2012. The THE difference in zoning is considered largelyFOR attributable to the B2 land’s proximity to the Mortdale railway station. PAPER.
BUSINESS
112. Any suggested zoning changesCOUNCIL to the KLEP2012 should be made to Council’s strategic planning department, or formallyRIVER pursued via submission of a planning proposal.
GEORGES THE 113. While the objector’s OF comments are noted, they are not considered pertinent to the assessment of the subjectCOPY DA.
PRINTED A IS 4. Development DensityTHIS – the high density is jeopardising the safety of the community.
Planner Comment – The density proposed by this application is consistent with the planning instruments applicable to the site with respect to height and scale.
5. Impact on utilities, traffic and transport
Planner Comment – The application proposes compliant car parking with pedestrian and vehicle access compliant with the relevant Australian Standards to ensure safety of the public and the future users/occupiers of the building.
114. The utilities are considered able to be extended to meet the demands of the development. The applicant will be required if the proposed development is supported to have all the utility providers comments and requirements in place prior to development commencing.
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 93
115. An assessment of the additional traffic movements in relation to development within this precinct was considered when the site was zoned for commercial purposes having regard to the development form envisaged.
6. Increase in crime
Planner comment – the comments in relation to crime are noted, this application is consistent with the development form and density envisaged by the planning controls. The design has activated the street frontages and is considered not be directly impact the crime rates of the locality.
7. Supporting this form of development as it has financial benefits for Council – Planner comment – this application will derive Section 94 contributions in accordance with the adopted Section 94 Plan. The money from this development will be used by Council for community improvements.
REFERRALS
Council Referrals WWW.GEORGESRIVER.NSW.GOV.AU.
Tree Management/Landscaping WEBSITE: RIVER 116. Council’s Tree and Landscape Officer has reviewed the amended plans and supported the GEORGES amendments made to retain the White Cedar treeTHE on site. Conditions of consent have been recommended. VISIT PLEASE Building DOCUMENT
117. The applicant has indicated the location OFFICIALof fire safety measures, as a result the application THE is considered acceptable for a DA assessmentFOR whereby a full compliance check at the Construction Certificate assessmentPAPER. stage will be undertaken. Standard conditions
imposed. BUSINESS
COUNCIL Environmental Health Officer RIVER
118. Comments: GEORGES THE OF Acoustic Report COPY
PRINTED A IS The Acoustic THIS Report submitted by Acoustic Logic Consultancy (Project number 20171088.1) dated 28 August 2017 assessed noise impacts associated with the proposed mixed development at the 85-87 Railway Parade, Mortdale. Unattended noise monitoring (day, evening and night) was conducted from 18 August 2017 to 25 August 2017 to establish the background noise levels.
Acoustic Logic reported that major external noise sources are traffic noise from Railway Parade and Ellen Subway and train noise from the South Coast and T4 Rail Corridors. Acoustic Logic reported that internal noise levels are compliant and recommended the following construction:
• Glazed windows and doors • External roof/ ceiling construction from concrete or masonry elements • External walls to be constructed from concrete or masonry elements • Entry doors will be via internal corridors. The construction will be formulated pursuant to the Building Code of Australia
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 94
Habitable rooms on southern façade of the development will be able to achieve the internal noise goals with windows open. All habitable spaces along southern façades of the development will be required to have their windows closed in order to meet acoustic requirements. Supplementary ventilation requirements to meet the Australian standard AS1668.2 will be confirmed by the mechanical engineer.
The acoustic consultant recommended detailed acoustic review should be undertaken at Construction Certificate stage to determine acoustic treatments to control noise emissions to satisfactory levels.
This application was also accompanied by waste management plan by Elephants Foot Recycling Solutions dated 28/08/2017 which addresses waste management during demolition, construction and ongoing management.
Based on the submitted information, no objections are raised to DA2017/0398 for demolition of existing structures and construction of six storey mix use development comprising ground level commercial floor space and shop top housing above two and half levels of basement parking and associated landscaping and drainage works the subject to… conditions of consent.” WWW.GEORGESRIVER.NSW.GOV.AU.
Drainage Engineer WEBSITE: RIVER 119. The application has been reviewed by Council’s Development Engineer who considers the GEORGES application to be acceptable subject to the impositionTHE of conditions. VISIT Heritage PLEASE 120. Comments: DOCUMENT
OFFICIAL THE The proposed demolition of existing FOR dwellings within the subject site can be considered acceptable given they appear to havePAPER. no identifiable heritage values which would warrant
protection. The proposed developmentBUSINESS would likely have little or no adverse heritage
impact on heritage items in theCOUNCIL vicinity of the subject site including those noted in pt 2 above. RIVER
GEORGES THE From a brief site survey,OF the proposed building would not likely obscure any significant views to and from theCOPY Mortdale Railway Parade. The proposed building has the potential to
PRINTED A over-shadow a heritageIS item of State significance. It will be incumbent upon the applicant to confirm if theTHIS heritage item would be impacted by over-shadowing, and if so, discuss the extent of adverse heritage impacts which may arise and measures to be taken to minimise same – if any.”
Waste 121. The application is considered acceptable from a waste room size, configuration and access arrangement. The proposal is supported subject to conditions.
External Referrals Sydney Trains 122. A formal referral was made to Sydney Trains on 26 April 2018 pursuant to Clause 86 (Excavation in, above, below or adjacent to rail corridors) of State Environmental Planning Policy (Infrastructure) 2007.
123. A “Stop the Clock” letter was subsequently issued by Sydney Trains on 10 May 2018 seeking additional information that includes:
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 95
1. Geotechnical Report based on actual borehole testing with a section specific to any potential impacts to the rail corridor and Structural report/drawings. 2. Construction methodology with details pertaining to structural support during excavation. 3. Cross sectional drawings showing ground surface, rail tracks, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the Rail Corridor. RL depths and horizontal distances between the site boundary, closest point of excavation and the rail corridor boundary and centre of the nearest rail track must be provided by a registered surveyor. 4. Detailed Survey Plan showing the relationship of the proposed development with respect to RailCorp’s land and infrastructure.
124. This information was forwarded to the applicant on 11 May 2018.
125. At the finalisation of this report Sydney Trains have not provided concurrence. As this matter will not fundamentally impact the design or impacts of the development given all issues raised by Sydney Trains have been addressed by the development amendment to move all access pedestrian and vehicle to be via Railway Parade, it is requested that the LPP consider the application and if supportable when concurrence from Sydney Trains is WWW.GEORGESRIVER.NSW.GOV.AU. received delegation be granted to the Manager of Development and Building having regard to the conditions contained below and any amendmentsWEBSITE: arising from Sydney Trains RIVER concurrence. GEORGES THE CONCLUSION VISIT 126. The application has been assessed having regardPLEASE to the Heads of Consideration under Section 4.15 of the Environmental PlanningDOCUMENT and Assessment Act 1979, the provisions of
the relevant State Environmental PlanningOFFICIAL Policies, Local Environmental Plans and THE Development Control Plans. The applicationFOR seeks approval for the demolition of existing structures and construction of a six storeyPAPER. mixed use development with basement parking.
BUSINESS
127. At the finalisation of this reportCOUNCIL Sydney Trains have not provided concurrence. As this matters do not fundamentallyRIVER impact the design or impacts of the development given there
is no impact or access acrossGEORGES Ellen Subway and is not adjacent to the railway corridor, THE which has alleviated theOF concerns previously raised by Sydney Trains, it is requested that the LPP consider theCOPY application and if supportable when the concurrence is received that
PRINTED A delegation be grantedIS to the Manager of Development and Building having regard to the conditions containedTHIS below and amendments arising from the concurrence from Sydney Trains.
DETERMINATION AND STATEMENT OF REASONS 128. Statement of Reasons
The proposed development is considered to be an appropriate scale and form for the site and the character of the locality The proposed development, subject to the recommended conditions, will have no unacceptable adverse impacts upon the natural or built environments In consideration of the aforementioned reasons, the proposed development is a suitable and planned use of the site and its approval is in the public interest
129. THAT pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, the Council defer development consent to Development Application DA2017/0398 at 85 - 87 Railway Parade, Mortdale for the demolition of existing structures
Georges River Council – Local Planning Panel Thursday, 16 August 2018 Page 96
and construction of a six storey mixed use development with basement parking, for the following reasons:
For concurrence to be provided by Sydney Trains required by Clause 86 of State Environmental Planning Policy (Infrastructure) 2007, relating to excavation in, above or adjacent to rail corridors as the matters raised in their initial comments have been resolved as there is not impact on the rail corridor or land in the ownership of Sydney Trains being Ellen Subway subject to the adoption of the conditions outlined below.
SECTION A - GENERAL CONDITIONS
1. Approved Plans - The development will be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:
Plans Description Reference No. Date Revision Prepared by Compliance DA 1003 09/02/2018 B CD Architects WWW.GEORGESRIVER.NSW.GOV.AU. Summary WEBSITE:
Site Plan DA 1005 29/06/2018 RIVERB CD Architects
Site Analysis DA 1006 01/09/2017GEORGES A CD Architects Demolition Plan DA 1007 29/06/2018THE B CD Architects VISIT
Basement 2 Floor DA 1101 26/06/2018PLEASE C CD Architects Plan Basement 1 Floor DA 1102 26/06/2018DOCUMENT C CD Architects OFFICIAL Plan THE Ground Floor Plan DA 1103 FOR 26/06/2018 C CD Architects PAPER. Level 01 Floor DA 1104 26/06/2018 B CD Architects Plan BUSINESS Level 02 Floor DA 1105COUNCIL 26/06/2018 B CD Architects RIVER Plan GEORGES Level 03 Floor THEDA 1106 26/06/2018 B CD Architects OF Plan COPY
PRINTED Level 04 Floor A DA 1107 26/06/2018 B CD Architects IS Plan THIS Level 05 Floor DA 1108 26/06/2018 B CD Architects Plan Roof Terrace Level DA 1109 01/09/2017 A CD Architects Plan Roof Plan DA 1110 01/09/2017 A CD Architects North Elevation DA 2001 26/06/2018 B CD Architects South Elevation / DA 2002 26/06/2018 B CD Architects Streetscape Elevation East Elevation DA 2003 26/06/2018 B CD Architects West Elevation DA 2004 26/06/2018 B CD Architects Section A DA 3001 29/06/2018 B CD Architects Driveway Section DA 3002 29/06/2018 B CD Architects Section B 3003 07/06/2018 A CD Architects Pre and Post DA 5001 01/09/2017 A CD Architects
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Adaptable Unit Layout Finishes Schedule DA 7041 29/06/2018 B CD Architects Survey Plan 10549-DET 04/07/2017 A CitiSurv Pty Ltd
Reports and Documents Description Reference No. Date Prepared by BASIX Certificate --- 8 August 2018 Outsource Ideas Pty No. 852364M_02 Ltd Access Report 217177 25/08/2017 Accessible Building Solutions DA Acoustic 20171088.1/2808 28/08/2017 Acoustic Logic Assessment A/R0/MF Arboricultural AIA-CDA (M) 25/08/2017 NSW Tree Services Impact 08/17 Pty Ltd Assessment Waste --- 05/09/2018 CD Architects Management Plan WWW.GEORGESRIVER.NSW.GOV.AU.
Waste --- 29/08/2017 WEBSITE: Elephant’s Foot Management Plan RIVER Waste Compactors GEORGES Pty Ltd THE VISIT 2. Amended Landscaping Plan - The following PLEASEamendments are to be made to the plans:
DOCUMENT A. An electric security door and intercom system shall be installed at the entrance of OFFICIAL the carpark (i.e. the car parkTHE entrance from Railway Parade) to prevent FOR unauthorised pedestrian and vehicular access to the site outside the approved PAPER. operating hours of any future commercial activity. BUSINESS B. Another electric security door and intercom system shall be installed within the COUNCIL
carpark to prevent unauthorisedRIVER pedestrian and vehicular access to the Basement 1 and Basement 2 car park levels from the ground level whilst any approved GEORGES commercial activityTHE is undertaken. OF
C. The southwestCOPY side elevations of the balconies of Units 204, 303 and 503 are to
PRINTED be screenedA to prevent overlooking of the adjoining site. The screens shall be at IS least 1.8mTHIS above the finished floor levels of the associated balcony and consist of fixed angled louvres to direct views away from the adjoining site to the southwest (i.e. 89 Railway Parade). The materials and colours of such screens shall be consistent with the approved material and colour schedule. D. Where natural ventilation of the carpark is proposed, any ventilation features (e.g. grills) shall be integrated into the façade and landscaped design. The design of such features shall not form a prominent feature when viewed from public areas, and the materials and colours of such elements shall be consistent with the approved material and colour schedule. E. All skylights associated with units on Level 5 shall be of an openable design. The skylights must be capable of being manually opened/closed in the event of a power failure. The skylights must also be designed so that any hinges face towards the planter boxes on the rooftop level (i.e. so that the skylights open away from the planter boxes, and so that the planter boxes do not block breezes that would assist with the natural ventilation of the Level 5 apartments). F. Where not already addressed by an approved BASIX Certificate, energy efficient lighting shall be implemented throughout the development.
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The amendments specified within this condition shall be indicated on the plans submitted construction drawings and completed to the satisfaction of the certifying authority.
3. This consent does not approve any use of the commercial premises on the ground floor. Consent shall be obtained for the first use of such premises.
4. No advertising and/or signage is approved as part of this consent. Any new/future signage must either: Obtain separate consent(s); and/or Be erected/installed in accordance with relevant exempt provisions within State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
5. Any outdoor/security lighting must be located, designed and shielded in a manner that does not cause disturbance to surrounding premises and/or passing vehicular traffic.
6. Any new boundary fencing erected along the side and rear boundaries shall not exceed a height of 1.8 metres. WWW.GEORGESRIVER.NSW.GOV.AU.
WEBSITE:
7. Any new electrical connections to the site are to beRIVER carried out using underground cabling. GEORGES THE 8. Any materials or surfaces addressing the publicVISIT domain on the ground and first floor PLEASE (where accessible by members of the public) shall utilise graffiti-resistant materials. DOCUMENT 9. The design of the carpark shall allow forOFFICIAL electric vehicle charging points to be installed in THE the future. The location(s) of any suchFOR charging point should be located within parking spaces within the ground floor carpark.PAPER.
BUSINESS
SECTION B - SEPARATE APPROVALSCOUNCIL UNDER OTHER LEGISLATION RIVER 10. Section 138 Roads ActGEORGES 1993 and Section 68 Local Government Act 1993 - Unless THE otherwise specified byOF a condition of this consent, this Development Consent does not give any approval COPY to undertake works on public infrastructure. If separate activity PRINTED A approvals are IS required under other legislation, these approvals will be obtained and evidence of theTHIS approval(s) provided to the Certifier prior to the issue of the Construction Certificate.
Separate approval is required under the Roads Act 1993 and/or the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath) listed below.
(a) Placing or storing materials or equipment; (b) Placing or storing waste containers or skip bins; (c) Erecting a structure or carrying out work (d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like; (e) Pumping concrete from a public road; (f) Pumping water from the site into the public road; (g) Constructing a vehicular crossing or footpath; (h) Establishing a “works zone”;
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(i) Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers); (j) Stormwater and ancillary works in the road reserve; (k) Stormwater and ancillary to public infrastructure on private land; and (l) If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.
These separate activity approvals will be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.
The relevant Application Forms for these activities can be downloaded from Council’s website www.georgesriver.nsw.gov.au
For further information, please contact Council’s Customer Service Centre on (02) 9330 6400.
11. Vehicular Crossing - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site: WWW.GEORGESRIVER.NSW.GOV.AU.
(a) Construct a footpath for the full length of the frontage(s)WEBSITE: of the site in accordance RIVER with Council’s Specifications applying at the time construction approval is sought. GEORGES (b) All associated road pavement restorations.THE (c) Installation of turf as required across all streetVISIT frontages. (d) The thickness and design of the drivewayPLEASE will be in accordance with Council’s Specifications applying at the time constructionDOCUMENT approval is sought.
(e) Construct a new 150mm high concreteOFFICIAL kerb with 450mm wide gutter for the full THE frontage(s) of the site in in accordanceFOR with Council’s Specifications for kerb and guttering, applying at the timePAPER. construction approval is sought.
(f) Any existing vehicular BUSINESS crossing and/or laybacks which are redundant will be
removed. The kerb andCOUNCIL gutter, any other footpath and turf areas will be restored at the expense of theRIVER applicant. The work will be carried out in accordance with
Council’s specification,GEORGES applying at the time construction approval is sought. THE OF Constructing a vehicularCOPY crossing and/or footpath requires separate approval under the
PRINTED A Roads Act 1993IS , prior to the commencement of those works. THIS 12. Building - Hoarding Application - Prior to demolition of the buildings on the site or the commencement of work above ground level a separate application for the erection of an A class (fence type) or a B class hoarding or C type scaffold, in accordance with the requirements of Work Cover Authority of NSW, will be erected along that portion of the footway/road reserve, where the building is within 3 metres of the street boundary.
An application for this work (Hoarding Application) under Section 68 of the Local Government Act 1993 and the Roads Act 1993 will be submitted for approval to Council.
13. Below ground anchors - In the event that the excavation associated with the basement carpark is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways, an application will be lodged with Council under Section 68 of the Local Government Act 1993 and the Roads Act 1993 for approval, prior to commencement of those works.
(a) That cable anchors will be stressed released when the building extends above
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ground level to the satisfaction of Council. (b) The applicant has indemnified Council from all public liability claims arising from the proposed works, and provide adequate insurance cover to the satisfaction of council. (c) Documentary evidence of such insurance cover to the value of $20 million. (d) The applicant must register a non-terminating bank guarantee in favour of Council for the amount of $34,440.00. The guarantee will be released when the cables are stress released. In this regard it will be necessary for a certificate to be submitted to Council from a structural engineer at that time verifying that the cables have been stress released. (e) That in the event of any works taking place on Council’s roadways/footways adjoining the property while the anchors are still stressed, all costs associated with overcoming the difficulties caused by the presence of the ‘live’ anchors will be borne by the applicant.
Unless authorisation is received to the contrary, Sydney Trains will not permit any rock anchors/bolts (whether temporary or permanent) within its land or easements.
SECTION C - REQUIREMENTS OF OTHER GOVERNMENT AGENCIES WWW.GEORGESRIVER.NSW.GOV.AU.
14. Notice of Requirements for a Section 73 Certificate WEBSITE:- A Notice of Requirements for a RIVER Section 73 Compliance Certificate under the Sydney Water Act 1994 that relates GEORGES specifically to this development consent mustTHE be obtained from Sydney Water Corporation. An application will be made throughVISIT an authorised Water Servicing Co- ordinator. The Notice of Requirements will bePLEASE submitted prior to the commencement of work. The Section 73 Compliance CertificateDOCUMENT must be submitted to the Principal Certifier
prior to the issue of the Occupation Certificate.OFFICIAL THE FOR 15. Electricity Supply - An applicationPAPER. will be made to Ausgrid for a network connection.
This may require the network toBUSINESS be extended or its capacity augmented. Evidence of this
application to Ausgrid will beCOUNCIL provided to the Certifier prior to the issue of a Construction Certificate. RIVER
GEORGES THE SECTION D - PRIOR TO THEOF ISSUE OF THE CONSTRUCTION CERTIFICATE COPY
PRINTED A 16. Prior to the issueIS of a Construction Certificate, the Applicant is to submit a revised landscape planTHIS to Council’s satisfaction which has regard to the design amendments undertaken throughout the course of the development application assessment, in particular responding to:
The comments raised by the Design Review Panel (DRP) in their report dated 13 October 2017; and Council’s additional information request dated 21 November 2017.
The revised landscape plan shall be prepared by a qualified landscape architect and shall include (but is not limited to) the following details:
A. Proposed landscape treatment of the Ellen Subway frontage, ensuring the White Cedar tree is retained, along with the sloping nature of the embankment. This condition does not authorise the removal of the Melia azedarach (White Cedar).
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B. Any level changes between the development and the existing levels along Ellen Subway should be handled via thoughtful landscape initiatives rather than built structures or retaining walls. C. Planting details for all planter boxes are to ensure that such landscaping appropriately screens and softens of the building. This shall also include the narrow light slot on the eastern side of the building where the pebble roof is located. D. Details of mature trees that are to be planted within the deep soil area at the rear of the site (i.e. adjacent to the northern boundary); such details must however incorporate minimum 75L pot sizes for all large trees. E. Details shall also be provided for the landscape screening of units with landscaped areas on Level 1, specifically: ii. The rear boundaries of the private open space areas of Units 102, 103 and 104; and iii. The southwest side boundaries of the private open space areas of Units 104, 105 and 106. Such landscape screening shall be of capable of growing to a thickness that will effectively obscure views of adjoining sites from the nominated private open space areas. Such vegetation shall be capable of growing to a maximum mature height WWW.GEORGESRIVER.NSW.GOV.AU. of two metres above the finished ground levels and shall be capable of growing in areas with limited solar access, should such areasWEBSITE: be overshadowed by future RIVER development on adjoining sites. GEORGES F. The Railway Parade streetscape must beTHE more fully resolved including levels, paving, landscaping, any street furniture, VISITlighting, etc. PLEASE All proposed vegetation shall consist of locallyDOCUMENT native species. No environmental weeds
are to be planted on the site. OFFICIAL THE FOR 17. Prior to the activation of this consent,PAPER. the Applicant is to submit a revised set of
stormwater and engineering plaBUSINESSns, which shall have regard to:
COUNCIL A. The design amendmentsRIVER undertaken throughout the course of the development
application assessment;GEORGES and THE B. Any changes toOF the site layout and landscape design as a result of satisfying the requirementsCOPY above.
PRINTED A IS The design specificsTHIS of the stormwater system shall reflect the requirements of the engineering conditions contained within Part B of this consent Council’s standards and requirements.
18. Any clarification of the stormwater design shall be obtained from Council’s Development Engineer prior to the lodgement of the amended engineering plans.
19. Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited Certifier.
20. Appointment of a Principal Certifier - The erection of a building must not commence until the beneficiary of the development consent has appointed a Certifier for the building work.
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21. Fees to be paid - The fees listed in the table below will be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment (available at www.georgesriver.nsw.gov.au).
Payments will be made prior to the issue of the Construction Certificate or prior to the commencement of work (if there is no associated Construction Certificate).
Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council will be contacted prior to payment to determine correct total amount to be paid and bank account details (if applicable).
A summary of the fees to be paid are listed below:
Fee Type Fee GENERAL FEES Long Service Levy (to Long Service Corporation) Or, provide evidence of Payment direct to the Long Service Corporation. See https://portal.longservice.nsw.gov.au/bci/levy/ Builders Damage Deposit $42,567.84 WWW.GEORGESRIVER.NSW.GOV.AU. Vehicular crossing and frontage work deposit $40,600.00 WEBSITE:
Inspection Fee for Refund of Damage Deposit RIVER $742.00 DEVELOPMENT CONTRIBUTIONS GEORGES Kogarah Section 94 Development Contributions THE $25,298.64 VISIT Plan No.1 - Roads and Traffic Management - PLEASE Residential Kogarah Section 94 Development ContributionsDOCUMENT $395,938.30 OFFICIAL Plan No.5 - Open Space 2007 THE Kogarah Section 94 Development ContributionsFOR $8,785.47 Plan No.9 - Kogarah Libraries - BuildingsPAPER. Kogarah Section 94 DevelopmentBUSINESS Contributions $6,264.00 Plan No.9 - Kogarah LibrariesCOUNCIL - Books RIVER TOTAL for Section 7.11 contributions $436,286.41 GEORGES THE OF
General Fees COPY
The fees and chargesPRINTED above are subject to change and are as set out in the version of A Council's ScheduleIS of Fees and Charges or as required by other Government THIS Authorities, applicable at the time of payment.
Development Contributions
Indexation The above contributions will be adjusted at the time of payment to reflect changes in the cost of delivering public amenities and public services, in accordance with the indices provided by the relevant Section 94 Development Contributions Plan.
Timing of Payment The contribution will be paid and receipted by Council prior to the release of the Construction Certificate.
Further Information A copy of all current Development Contributions Plans may be inspected at Council’s offices or viewed on Council’s website www.georgesriver.nsw.gov.au.
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22. Pre-Construction Dilapidation Report - Private Land - A professional engineer specialising in structural or geotechnical engineering will prepare a Pre-Construction Dilapidation Report detailing the current structural condition of all neighbouring buildings likely to be affected by the excavation as determined by the consulting engineer.
The report will be prepared at the expense of the applicant and submitted to the satisfaction of the Certifier prior to the issue of the Construction Certificate.
A copy of the pre-construction dilapidation report is to be provided to the properties that are the subject of the dilapidation report a minimum of 5 working days prior to the commencement of work. Evidence confirming that a copy of the pre-construction dilapidation report was delivered to the adjoining properties must be provided to the Certifier prior to the commencement of any work on the site.
Should the owners of properties (or their agents) refuse access to carry out inspections, after being given reasonable written notice, this will be reported to Council to obtain Council’s agreement to complete the report without access. Reasonable notice is a request for access in no sooner than 14 days between 8.00am-6.00pm. WWW.GEORGESRIVER.NSW.GOV.AU.
23. Fire Safety Measures - Prior to the issue of a constructionWEBSITE: certificate a list of the RIVER essential fire safety measures that are to be provided in relation to the land and any GEORGES building on the land as a consequence of theTHE building work must accompany an application for a construction certificate, which isVISIT required to be submitted to the Certifier. Such a list must also specify the minimum standardPLEASE of performance for each essential fire safety measure included in the list. The CertifierDOCUMENT will then issue a Fire Safety Schedule for
the building. OFFICIAL THE FOR 24. Structural details - Engineer's detailsPAPER. prepared by a practising Structural Engineer being
used to construct all reinforcedBUSINESS concrete work, structural beams, columns and other
structural members. The detailsCOUNCIL are to be submitted to the Principal Certifier for approval prior to construction of the RIVERspecified works.
GEORGES THE A copy will be forwardedOF to Council where Council is not the Principal Certifier. COPY
PRINTED A 25. Damage DepositIS - Major Works - In order to insure against damage to Council property the following isTHIS required:
(a) Pay Council, before the issue of the Construction Certificate, a damage deposit for the cost of making good any damage caused to any Council property as a result of the development and to ensure the construction of the civil works to be complete at the applicant’s expense: $68,000.00 (b) Pay Council, before the issue of the Construction Certificate, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $150.00 (c) Submit to Council, before the commencement of work, a dilapidation report of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal.
At the completion of work Council will review the dilapidation report and the Works-As- Executed Drawings (if applicable) and inspect the public works.
The damage deposit will be refunded in full upon completion of work where no damage
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occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.
26. Access for Persons with Disabilities - Access for persons with disabilities will be provided throughout the site, including to all common rooms, lobby areas and sanitary facilities in accordance with the requirements of the Premises Standards, the Building Code of Australia and AS 1428.1. Details must be submitted with the Construction Certificate Application. Pedestrian access throughout basement levels will be highlighted/line marked and sign posted to safeguard egress.
27. Commonwealth Disability (Access to Premises) Standard - The Commonwealth Disability (Access to Premises - Buildings) Standards 2010 (the Premises Standards) applies to all applications (including a Construction Certificate). This requires any new building, part of a building and the affected part of the existing building to comply with the Premises Standards, the Building Code of Australia and AS 1428.
28. Geotechnical Report - The applicant must submit a Geotechnical Report, prepared by a professional engineer specialising in geotechnical engineering who holds the relevant Certificate of accreditation as required under the Building Professionals Act 2005 in WWW.GEORGESRIVER.NSW.GOV.AU. relation to dilapidation reports, all site works and construction. This is to be submitted before the issue of the Construction Certificate and is to WEBSITE:include: RIVER
GEORGES (a) Investigations certifying the stability of THE the site and specifying the design constraints to be placed on the foundation,VISIT any earthworks/stabilisation works and any excavations. PLEASE DOCUMENT
(b) Dilapidation Reports on the adjoiningOFFICIAL properties prior to any excavation of site THE works. The Dilapidation ReportFOR is to include assessments on, but not limited to, the dwellings at those addressesPAPER. and any external paths, grounds etc. This will be
submitted to the CertifyingBUSINESS Authority and the adjoining residents as part of the
application for the ConstructionCOUNCIL Certificate. Adjoining residents are to be provided with the report five (5)RIVER working days prior to any works on the site.
GEORGES THE (c) On-site guidanceOF by a vibration specialist during the early part of excavation. COPY
PRINTED A (d) Rock breakingIS techniques. Rock excavation is to be carried out with tools such as rock sawsTHIS which reduce vibration to adjoining buildings and associated structures.
(e) Sides of the excavation are to be piered prior to any excavation occurring to reinforce the walls of the excavation to prevent any subsidence to the required setbacks and neighbouring sites.
29. Vibration Damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw and if available, in accordance with the guidelines of the Geotechnical Engineer’s report.
Alternatively where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) a report from a qualified geotechnical engineer detailing the maximum size of hammer to be used is to be obtained and the recommendations in that report implemented during work on the site. The report must be submitted with the Construction Certificate application.
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30. Slip Resistance - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/residential units will have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, will comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials and will be detailed on the plans lodged with the application for the Construction Certificate.
31. Advice from Fire and Rescue NSW - Prior to the issue of a Construction Certificate the applicant may be required, under the Environmental Planning & Assessment Regulation, 2000 to seek written comment from FR NSW about the location of water storage tanks, construction of hydrant/booster pump and valve rooms, and any Fire Engineered Solution developed to meet the performance requirements under the Category 2 Fire Safety Provisions.
The applicant is also advised to seek written advice from FR NSW on the location and construction of the proposed Fire Control Centre Facility and location and installation of the sites Fire Indicator / Mimic Panels. WWW.GEORGESRIVER.NSW.GOV.AU.
32. Site Management Plan - Major Development - A SiteWEBSITE: Management Plan must be RIVER submitted with the application for a Construction Certificate, and include the following: GEORGES THE (a) location of protective site fencing; VISIT (b) location of site storage areas/sheds/equipment;PLEASE (c) location of building materials for construction,DOCUMENT e.g. stockpiles
(d) provisions for public safety; OFFICIAL THE (e) dust control measures; FOR (f) method used to provide sitePAPER. access location and materials used;
(g) details of methods of disposalBUSINESS of demolition materials;
(h) method used to provideCOUNCIL protective measures for tree preservation; (i) provisions for temporaryRIVER sanitary facilities;
(j) location and sizeGEORGES of waste containers/skip bins; THE (k) details of proposedOF sediment and erosion control measures; (l) method usedCOPY to provide construction noise and vibration management;
PRINTED A (m) constructionIS and demolition traffic management details. THIS The site management measures are to be implemented prior to the commencement of any works including demolition and excavation. The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity. A copy of the Site Management Plan will be kept on site and is to be made available upon request.
33. Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces will be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1-2004 (for car / motorbike parking facilities), AS 2890.2-2002 (for commercial vehicle facilities), AS 2890.6-2009 (Off-street parking for people with disabilities) and AS 2890.3-2015 (bicycles). A “Detailed Design” certificate, prepared by a tertiary qualified and experienced traffic engineer that fully addresses this condition, will be submitted to the Principal Certifier with the Construction Certificate Application. An “As Constructed” certificate, prepared by a tertiary qualified and experienced traffic engineer that fully
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addresses this condition, must be submitted to the Principal Certifier with the Occupation Certificate Application.
34. Construction Traffic Management Plan - A Construction Traffic Management Plan detailing:
(a) construction vehicle routes; (b) anticipated number of trucks per day; (c) hours of construction; (d) Access arrangements; and (e) Proposed traffic measures to minimise impacts of construction vehicles
must be submitted for the approval of Council’s Engineers. Council’s Engineers will specify in writing that they are satisfied with the Traffic Management Plan prior to the issue of the Construction Certificate.
35. SEPP 65 Design Verification Statement - A design verification statement, prepared by a qualified designer, must be submitted to the Certifier verifying that the plans and specifications achieve or improve the design quality of the development for which WWW.GEORGESRIVER.NSW.GOV.AU. development consent was granted, having regard to the design quality principles set out under Schedule 1 of State Environmental Planning PolicyWEBSITE: No 65 -Design Quality of RIVER Residential Flat Development. GEORGES THE 36. Waste Management Plan - A Waste ManagementVISIT Plan incorporating all requirements in respect of the provision of waste storage facilities,PLEASE removal of all materials from the site that are the result of site clearing, extraction,DOCUMENT and, or demolition works and the
designated Waste Management FacilityOFFICIAL must be submitted to the Certifier prior to the THE issue of any Construction Certificate.FOR PAPER.
37. Car Wash Bays – Plans andBUSINESS specifications of the car washing system approved by
Sydney Water must be submittedCOUNCIL with the application for the Construction Certificate. RIVER
All car washing bays willGEORGES be contained within a roofed and bunded car wash bay with pre- THE treatment approved byOF Sydney Water. The water from the car wash bay must be graded to a drainage point COPYand connected to sewer.
PRINTED A IS If alternative waterTHIS management and disposal options are proposed (ie where water is recycled, minimised or reused on the site), detailed plans and specifications of the water recycling system must be submitted with the application for the Construction Certificate for approval.
38. Design Quality Excellence (Major Development) - In order to ensure the design quality excellence of the development is retained:
(a) The design architect is to have direct involvement in the design documentation, contract documentation and construct stages of the project; (b) Evidence of the design architect’s commission is to be provided to the Council prior to the issue of the Construction Certificate.
39. Driveway Construction Plan Details - Detailed engineering plans for the driveway will be submitted with the Construction Certificate application.
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40. Council Property Shoring - Prior to the issue of the Construction Certificate, plans and specifications prepared by a professional engineer specialising in practising structural engineering will detail how Council’s property will be supported at all times.
Where any shoring is to be supporting, or located on Council’s property, certified structural engineering drawings detailing; the extent of the encroachment, the type of shoring and the method of removal, will be included on the plans. Where the shoring cannot be removed, the plans will detail that the shoring will be cut to 150mm below footpath level and the gap between the shoring and any building will be filled with a 5MPa lean concrete mix.
41. BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate must be implemented on the plans lodged with the application for the Construction Certificate.
42. Tree Removal & Replacement - Tree removal - Permission is granted for the removal of the Jacaranda. Consent is not given for the removal of the White Cedar tree within Council’s road reserve.
WWW.GEORGESRIVER.NSW.GOV.AU. 43. On-Site Detention - A 23.1sqm On-Site Detention system with a Maximum Site Discharge of 23.9 Litres per Second is to be provided inWEBSITE: accordance with the Stormwater RIVER Concept Plan and associated Design Assessment Report. The overflow is to be directed GEORGES to the site drainage system. THE VISIT 44. Requirements of amended stormwater plansPLEASE - A Detailed Stormwater Plan and supporting information of the proposed onDOCUMENT-site stormwater management system is to be
submitted. The required details in this OFFICIALPlan and the relevant checklist are presented in THE Council’s Water Management Policy.FOR The detailed stormwater plans are to include the following: PAPER.
BUSINESS
A. The design parametersCOUNCIL and the general concept of the proposed on-site stormwater managementRIVER system are to be the same as documented in the
approved ConceptGEORGES Stormwater Plan for the proposed development. Any THE conceptual variationsOF to the stormwater design will require written approval from Council andCOPY will require to be justified and supported by appropriate details,
PRINTED A calculationsIS and information to allow for proper assessment. B. The DetailedTHIS Stormwater Plan is to address the following issue(s): i. The Concept Stormwater Plan has the stormwater discharge from the site draining to the north and away from the site’s main natural catchment and toward a location prone to significant flooding. The Detailed Stormwater Plan is to be amended to direct the stormwater discharge from the On-site Detention storage to discharge towards the intersection of Railway Parade and Ellen Subway. ii. A suitably qualified engineer is to certify that appropriate design measures have been taken to ensure that the ground floor and basement levels are protected from flooding in the case of the On-site Detention system malfunctioning. iii. An oil/silt separator sized to the catchment area must be specified on the Detailed Stormwater Plan and located downstream of the proposed basement car parks and prior to discharge to Councils stormwater system. C. The Detailed Stormwater Plan is to be certified by a professional engineer specialising in hydraulic engineering. A Statement, that the stormwater system has been designed in accordance with the document ‘Water Management Policy.
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Kogarah Council. August 2006’ and satisfies the provisions and objectives of that policy along with the requirements stated above must be included with the Detailed Stormwater Plan. D. The Detailed Stormwater Plan is to be lodged and receive written approval by Council prior to the issue of a Construction Certificate.
45. Under Awning Lighting - The design of the awning shall incorporate under-awning lighting of the public footpath and entrances to the development. This information shall be reflected on construction drawings submitted to the certifying authority.
46. Acoustic requirements for timber flooring - If timber flooring is installed within the development, then appropriate insulation between floors shall achieve a minimum sound attenuation of (50Rw).
47. Design of Waste Management facilities - The design of the waste storage areas shall incorporate the following requirements:
(a) Waste room floors are to be sealed; (b) Waste room walls and floors and surfaces shall be flat and even; WWW.GEORGESRIVER.NSW.GOV.AU. (c) All walls are to be painted with light colour and washable paint; (d) Equipment electric outlets are to be installed 1700mmWEBSITE: above floor levels; RIVER (e) The bin storage rooms will be mechanically exhausted as required by AS 1668.2; GEORGES (f) Light switches installed at a height of 1.6m;THE (g) Waste rooms must be well lit (sensor lightingVISIT recommended); (h) Optional automatic odour and pest controlPLEASE system installed to eliminate all pests; (i) All personnel doors are to be hingedDOCUMENT and self-closing;
(j) Waste collection area must hold OFFICIALall bins - bin movements should be undertaken THE with ease of access; FOR (k) Conform to the Building CodePAPER. of Australia, Australian Standards and local laws;
and childproofing and public/operatorBUSINESS safety shall be assessed and ensured.
COUNCIL This information shall be reflectedRIVER on construction drawings submitted to the certifying
authority. GEORGES THE OF 48. Excavation worksCOPY near tree to be retained – Excavation near trees are to satisfy the
PRINTED A following requirements:IS (a) A cut outTHIS within the basement shall cater for and be at least the TPZ being 8.28 metres radially around the trunk of the Melia azedarach (White Cedar) to allow the retention and viability of this tree. Tree Protection measures shall be implemented for this tree. (b) Excavations around the trees to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not adversely be affected. (c) Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become compromised by any excavation works, the Project arborist shall be consulted to establish the position of any major roots and determine the necessary measures to protect these roots. The recommendations of the Arborist shall be submitted to Council prior to any further demolition or construction works taking place. (d) Tree Protection Zone around the trees to be retained are not to have soil level changes, building product / materials stored or services installed in this area. Any structures proposed to be built in this area of the trees are to utilise pier and beam or cantilevered slab construction.
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Details satisfying this condition shall be shown on the Construction Certificate plans.
Removal or pruning of any other tree (that would require consent of Council) on the site is not approved. All pruning must be undertaken by a minimum certificate Level 3, Licenced and insured Tree surgeon / Arborist in accordance with AS4373 -2007 Pruning of Amenity Trees and Amenity Tree Industry, Code of Practice (SafeWork NSW August 1998).
SECTION D - PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)
49. Demolition & Asbestos - The demolition work will comply with the provisions of Australian Standard AS2601:2001 - Demolition of Structures, NSW Work Health & Safety Act 2011 and the NSW Work Health & Safety Regulation 2011. The work plans required by AS2601:2001 will be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement will be submitted to the Certifier prior to the commencement of works.
WWW.GEORGESRIVER.NSW.GOV.AU. For demolition work which involves the removal of asbestos, the asbestos removal work will be carried out by a licensed asbestos removalist whoWEBSITE: is licensed to carry out the work RIVER in accordance with the NSW Work Health & Safety Act 2011 and the NSW Work Health GEORGES & Safety Regulation 2011 and the Demolition CodeTHE of Practice (NSW Wok Cover July 2015). VISIT PLEASE 50. Dial before your dig - The applicant will contactDOCUMENT “Dial Before You Dig on 1100” to obtain
a Service Diagram prior to the issuingOFFICIAL of the Construction Certificate. The sequence THE number obtained from “Dial Before YouFOR Dig” will be forwarded to Council’s Engineers for their records. PAPER.
BUSINESS
51. Dilapidation Report on PublicCOUNCIL Land - Major Development Only - Prior to the commencement of works (includingRIVER demolition and excavation), a dilapidation report will
be prepared for the CouncilGEORGES infrastructure adjoining the development site, including: THE OF (a) PhotographsCOPY showing the existing condition of the road pavement fronting the site,
PRINTED A (b) PhotographsIS showing the existing condition of the kerb and gutter fronting the site, (c) PhotographsTHIS showing the existing condition of the footpath pavement fronting the site, (d) Photographs showing the existing condition of any retaining walls within the footway or road, and (e) The Dilapidation Report will be prepared by a qualified structural engineer. The report will be provided to the Certifier and a copy provided to the Council.
The Dilapidation Report will be prepared by a professional engineer. The report will be provided to the Certifier and a copy provided to the Council.
The report is to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.
52. Registered Surveyor's Report - During Development Work - A report will be submitted to the Certifier at each of the following applicable stages of construction:
(a) Set out before commencing excavation.
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(b) Floor slabs or foundation wall, before formwork or commencing brickwork. (c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. (d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi- storey buildings a further survey will be provided at each subsequent storey. (e) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries. (f) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey will indicate the reduced level of the main ridge. Work will not proceed beyond each stage until the Principal Certifier is satisfied that the height and location of the building is proceeding in accordance with the approved plans.
53. Utility Arrangements - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with WWW.GEORGESRIVER.NSW.GOV.AU. the provision or adjustment of services within the road and footway areas is to be at the applicant’s expense. WEBSITE: RIVER
GEORGES 54. Structural Engineer’s Details - Supporting THE Council road/footway - Prior to the commencement of work in connection with the excavationVISIT of the site associated with the basement carpark, structural engineer’s detailsPLEASE relating to the method of supporting Council’s roadways/footways will be submittedDOCUMENT to the satisfaction of Council.
OFFICIAL THE 55. Demolition Notification RequirementsFOR - The following notification requirements apply to this consent: PAPER.
BUSINESS
(a) The developer /builderCOUNCIL will notify adjoining residents five (5) working days prior to demolition. Such RIVER notification is to be a clearly written note giving the date
demolition will GEORGES commence, contact details of the developer/builder, licensed THE asbestos demolisherOF and the appropriate regulatory authority. Notification is to be placed in theCOPY letterbox of every premises (including every residential flat or unit, if
PRINTED A any) eitherIS side and immediately at the rear of the demolition site. (b) Five (5)THIS working days prior to demolition, the developer/builder is to provide written notification to Council advising of the demolition date, details of the SafeWork licensed asbestos demolisher and the list of residents advised of the demolition. (c) On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.
56. Erosion & Sedimentation Control - Erosion and sediment controls must be in place prior to commencement of any work on the site. These measures include:
(a) Compliance with the approved Erosion & Sediment Control Plan (b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)
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(c) All clean water runoff is diverted around cleared or exposed areas (d) Silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering drainage systems or waterways (e) All erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works (f) Controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway (g) All disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar (h) Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom 2004.
These measures are to be implemented prior to the commencement of work (including demolition and excavation) and will remain until works are completed and all exposed surfaces are landscaped/sealed.
57. Structural Engineer’s Details - Supporting excavations and adjoining land - Prior to the commencement of work in connection with the excavation of the site associated with the basement car park, structural engineer’s details relating to the method of supporting WWW.GEORGESRIVER.NSW.GOV.AU. the excavation will be submitted. WEBSITE: RIVER 58. Road Opening Permit - A Road Opening Permit will be obtained from Council, in the GEORGES case of local or regional roads, or from the RMS,THE in the case of State roads, for every opening of a public road reserve to access servicesVISIT including sewer, stormwater drains, water mains, gas mains, and telecommunicationsPLEASE before the commencement of work in the road. DOCUMENT
OFFICIAL THE 59. Notice of Commencement - The beneficiaryFOR of the development consent must give at least two (2) days notice to the CouncilPAPER. and the Principal Certifier of their intention to
commence the erection of a building.BUSINESS
COUNCIL 60. Notification of Critical StageRIVER Inspections - No later than two (2) days before the
building work commences,GEORGES the Principal Certifier must notify: THE OF (a) the consent COPYauthority and the Council (if not the consent authority) of his or her
PRINTED A appointment;IS and (b) the beneficiaryTHIS of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.
SECTION E - DURING WORK
61. Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifier. The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.
62. Site sign - A sign must be erected in a prominent position onsite only showing:
(a) the name, address and telephone number of the Principal Certifying Authority for the work, and (b) the name of the principal contractor or the person responsible for the works and a telephone number on which that person may be contacted outside working hours, and
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(c) that unauthorised entry to the work site is prohibited.
The sign must to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
63. Site sign - A clearly legible Site Management Sign is to be erected and maintained throughout the course of the works. The sign is to be centrally located on the main street frontage of the site and is to clearly state in legible lettering the following:
A. The builder's name, builder's telephone contact number both during work hours and after hours. B. That no works are to be carried out in Council's Road Reserve without prior application and approval of a Road Opening Permit from Council. C. That a Road Opening Permit issued by Council must be obtained for any road openings or excavation within Council's Road Reserve associated with development of the site, including stormwater drainage, water, sewer, electricity, gas and communication connections. During the course of the road opening works the Road Opening Permit must be visibly displayed at the site. D. That no skip bins or materials are to be stored on Council's Road Reserve. WWW.GEORGESRIVER.NSW.GOV.AU. E. That the contact number for Northern Beaches Council for permits is 9970 1111. WEBSITE: RIVER 64. Soil & Erosion Control Measures - Prior to the commencement of works (including GEORGES demolition and excavation), a durable site sign, issuedTHE by Council in conjunction with this consent, will be erected in a prominent locationVISIT on site. The site sign warns of the penalties which apply to pollution, storing materialsPLEASE on road or footpath and breaches of the conditions relating to erosion and sedimentDOCUMENT controls. The sign will remain in a
prominent location on site up until the completionOFFICIAL of all site and building works. THE FOR 65. Cost of work to be borne by thePAPER. applicant - The applicant will bear the cost of all
works associated with the constructionBUSINESS of the development that occurs on Council
property. Care will be takenCOUNCIL to protect Council's roads, including the made footway, kerbs, etc., and, where plantRIVER and vehicles enter the site, the footway will be protected
against damage by deepGEORGES -sectioned timber members laid crosswise, held together by THE hoop iron straps and OFchamfered at their ends. This construction must be maintained in a state of good repairCOPY and condition throughout the course of construction.
PRINTED A IS 66. Obstruction ofTHIS Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under the Roads Act 1993 and/or the Local Government Act 1993.
67. Hours of Construction for Demolition and Building Work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery must not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity is permitted on Sundays, or Public Holidays.
68. Hazardous or Intractable Waste – Removal and Disposal. Hazardous or intractable waste arising from the demolition or construction process must be removed and disposed of in accordance with the requirements of SafeWork NSW and the NSW Environment Protection Authority and all applicable legislation.
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69. Structural Certificate During Construction - The proposed building will be constructed in accordance with details designed and certified by the practising qualified structural engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building will be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer. In addition, a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, will be submitted to the Principal Certifier at each stage of Construction or prior issue of the Occupation Certificate.
70. Stormwater to Kerb - Any stormwater connections to the kerb and gutter are to be in accordance with Council's 'Specification for Construction by Private Contractors'.
All roof water and surface water from paved or concreted areas are to be disposed of in accordance with the Stormwater Plan by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3:2015. The line will pass through a silt arrestor pit.
71. Redundant Driveway - All existing vehicular crossings adjacent to the subject premises that have become redundant will be removed and the footway and kerb and gutter reinstated at the developer/applicant’s expense. WWW.GEORGESRIVER.NSW.GOV.AU.
72. Damage within Road Reserve & Council Assets - WEBSITE:The owner will bear the cost of RIVER restoring any footpath, roadway and any other Council assets damaged due to works at, GEORGES near or associated with the site. This may include THEworks by Public Utility Authorities in the course of providing services to the site. VISIT PLEASE 73. Public Utility & Telecommunication AssetsDOCUMENT - The owner will bear the cost of any
relocation or modification required toOFFICIAL any Public Utility Authority assets including THE telecommunication lines & cables andFOR restoring any footpath, roadway and any other Council assets damaged due to worksPAPER. at, near or associated with the site.
BUSINESS
74. Works Zone - The installationCOUNCIL of a "Works Zone" for the site will require the approval from the Traffic Advisory RIVER Committee. As a result, the applicant will provide a formal
request to Council's TrafficGEORGES Section with the duration and exact location of the required THE "Works Zone" at leastOF 6 weeks prior to its required installation date. All costs associated with the installation COPYof a “Works Zone” will be at the applicants expense.
PRINTED A IS 75. Waste ManagementTHIS Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation will be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like will be ignited or burnt.
Copies of all receipts for the disposal, or processing of all such materials will be submitted to the Principal Certifier and Council, where Council is not the Principal Certifier.
76. Site Safety Fencing - Site fencing will be erected in accordance with SafeWork Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing will be erected before the commencement of any work and maintained throughout any demolition and construction work.
A demolition licence and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).
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77. General Tree Removal Requirements – Tree removal shall be undertaken subject to the following requirements:
(a) All tree removal shall be carried out by a minimum certificate Level 3, Licenced and insured Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS 4373-2007 - Pruning of Amenity Trees and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98). (b) No trees are to be removed on the site or neighbouring properties without the prior written approval of Council.
78. Street Tree Removal / Replacement by Council – Tree planting within the road reserve will be subject to the following: (a) Three (3) street trees shall be provided in the road reserve fronting the site. (b) Council shall be appointed to remove and plant all tree/s on public land. All costs associated with the removal of the tree/s and the planting of replacement trees shall be met by the applicant. Fees and charges outlined in the table below are subject to change and are set out in the current version of Council's ‘Schedule of Fees and Charges’, applicable at the time of payment. WWW.GEORGESRIVER.NSW.GOV.AU.
Fee Type – Tree removal on public land WEBSITE: Amount RIVER Administration Fee for Tree Removal $154.50 GEORGES Replacement Tree Fee (per Tree) x3 THE $185.40 Cost of tree removal VISIT To be determined PLEASE Cost of Stump Grinding To be determined DOCUMENT A copy of the Hurstville City Council’sOFFICIAL Tree Removal and Pruning Guidelines and THE Kogarah City Council, Street TreeFOR Management Strategy and Masterplan, can be downloaded from Council’s websitePAPER. www.georgesriver.nsw.gov.au . BUSINESS SECTION F - PRIOR TO THE ISSUECOUNCIL OF THE OCCUPATION CERTIFICATE RIVER 79. Occupation CertificateGEORGES - A person must not commence occupation or use of the whole THE or any part of a new buildingOF unless an Occupation Certificate has been issued in relation COPY to the building. Only the Principal Certifier appointed for the building work can issue the PRINTED A Occupation Certificate.IS THIS 80. SEPP 65 Design Verification Statement - The Principal Certifier will not issue an Occupation Certificate to authorise a person to commence occupation of the residential flat development unless the he/she has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, 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.
81. Restriction to User and Positive Covenant for On-Site Detention Facility - A Restriction on Use of the Land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owners of the land. The terms of the instrument are to be in accordance with Council’s standard terms and restrictions which are as follows;
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Restrictions on Use of Land
The registered proprietor shall not make or permit or suffer the making of any alterations to any on-site stormwater management system which is, or shall be, constructed on the lot(s) burdened without the prior consent in writing of Georges River Council. The expression “on-site stormwater management system” shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to manage stormwater quantity or quality including the temporary detention or permanent retention of stormwater storages. Any on-site stormwater management system constructed on the lot(s) burdened is hereafter referred to as “the system.
Name of Authority having the power to release, vary or modify the Restriction referred to is Georges River Council.”
Positive Covenants
1. The registered proprietor of the lot(s) hereby burdened will in respect of the system: a) keep the system clean and free from silt, rubbish and debris WWW.GEORGESRIVER.NSW.GOV.AU. b) maintain and repair at the sole expense of the registered proprietors the whole of the system so that it functions in a safe and efficient manner WEBSITE: RIVER c) permit the Council or its authorised agents from time to time and upon giving GEORGES reasonable notice (but at any time and without noticeTHE in the case of an emergency) to enter and inspect the land for the compliance withVISIT the requirements of this covenant d) comply with the terms of any written noticePLEASE issued by the Council in respect of the requirements of this covenant within the timeDOCUMENT stated in the notice.
OFFICIAL THE 2. Pursuant to Section 88F(3) of theFOR Conveyancing Act 1919 the Council shall have the following additional powers: PAPER.
a) in the event that the registeredBUSINESS proprietor fails to comply with the terms of any written
notice issued by the CouncilCOUNCIL as set out above the Council or its authorised agents may enter the land with all necessaryRIVER materials and equipment and carry out any work which
the Council in its discretionGEORGES considers reasonable to comply with the said notice referred THE to in part 1(d) above OF b) the Council mayCOPY recover from the registered proprietor in a Court of competent
PRINTED A jurisdiction: IS i. any expenseTHIS reasonably incurred by it in exercising its powers under subparagraph (a) hereof. Such expense shall include reasonable wages for the Council’s employees engaged in effecting the work referred to in (a) above, supervising and administering the said work together with costs, reasonably estimated by the Council, for the use of materials, machinery, tools and equipment in conjunction with the said work. ii. legal costs on an indemnity basis for issue of the said notices and recovery of the said costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to section 88F of the Act or providing any certificate required pursuant to section 88G of the Act or obtaining any injunction pursuant to section 88H of the Act. Name of Authority having the power to release vary or modify the Positive Covenant referred to is Georges River Council.
82. Maintenance Schedule – On-site Stormwater Management - A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted to Council. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.
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83. Structural Certificate - The proposed building will be constructed in accordance with details designed and certified by a practising qualified structural engineer. All structural works associated with the foundations, piers, footings and slabs for the proposed building will be inspected and structurally certified for compliance by an independent practising geotechnical and structural engineer. In addition, a Compliance or Structural Certificate, to the effect that the building works have been carried out in accordance with the structural design, will be submitted to the Principal Certifier at each stage of construction and prior to the issue of the Occupation Certificate.
84. Consolidation of Site - The site will be consolidated into one allotment and by a Plan of Consolidation being prepared by a Registered Surveyor. This Plan will be registered at the NSW Land and Property Information prior to the issue of a final occupation certificate.
85. Requirements prior to the issue of the Occupation Certificate - The following will be completed and or submitted to the Principal Certifier prior to the issue of the Occupation Certificate:
(a) All the stormwater/drainage works will be completed in accordance with the WWW.GEORGESRIVER.NSW.GOV.AU. approved Construction Certificate plans prior to the issue of the Occupation Certificate. WEBSITE: RIVER (b) The internal driveway construction works, together with the provision for all GEORGES services (conduits and pipes laid) will beTHE completed in accordance with the approved Construction Certificate plansVISIT prior to the issue of the Occupation Certificate. PLEASE (c) Construct any new vehicle crossings required.DOCUMENT
(d) Replace all redundant vehicle OFFICIAL crossing laybacks with kerb and guttering, and THE replace redundant concrete withFOR turf. (e) A Section 73 (Sydney Water)PAPER. Compliance Certificate for the Subdivision will be
issued and submitted to BUSINESSthe Principal Certifier prior to the issue of the Occupation
Certificate. COUNCIL (f) Work as Executed RIVER Plans prepared by a Chartered Professional Engineer or a
Registered SurveyorGEORGES when all the site engineering works are complete will be THE submitted to theOF Principal Certifier prior to the issue of the Occupation Certificate. COPY
PRINTED A THIS CONDITIONIS MAY NEED TO BE CHECKED WITH COUNCIL’S DEVELOPMENT ENGINEER. THIS
86. Dilapidation Report on Public Land for Major Development Only - Upon completion of works, a follow up dilapidation report will be prepared for the items of Council infrastructure adjoining the development site. The dilapidation report will be prepared by a professional engineer specialising in structural engineering, and include:
(a) Photographs showing the condition of the road pavement fronting the site (b) Photographs showing the condition of the kerb and gutter fronting the site (c) Photographs showing the condition of the footway including footpath pavement fronting the site, and (d) The full name and signature of the professional engineer.
The report will be provided to the Principal Certifier and a copy provided to the Council. The reports are to be supplied in electronic format in Word or PDF. Photographs are to be in colour, digital and date stamped.
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Council will use this report to determine whether or not to refund the damage deposit.
Council’s Engineering Services Division will advise in writing that the works have been completed to their satisfaction prior to the issue of an Occupation Certificate.
87. Stormwater Drainage Works - Works As Executed - Prior to the issue of the Occupation Certificate, stormwater drainage works are to be certified by a professional engineer specialising in hydraulic engineering, with Works-As-Executed drawings supplied to Council detailing:
(a) Compliance with conditions of development consent relating to stormwater; (b) The structural adequacy of the On-Site Detention system (OSD); (c) That the works have been constructed in accordance with the approved design and will provide the detention storage volume and attenuation in accordance with the submitted calculations; (d) Pipe invert levels and surface levels to Australian Height Datum; (e) Contours indicating the direction in which water will flow over land should the capacity of the pit be exceeded in a storm event exceeding design limits.
WWW.GEORGESRIVER.NSW.GOV.AU. 88. Fire Safety Certificate before Occupation or Use - In accordance with Clause 153 of the Environmental Planning and Assessment RegulationWEBSITE: 2000 , on completion of building RIVER works and prior to the issue of an Occupation Certificate, the owner will cause the issue GEORGES of a Final Fire Safety Certificate in accordanceTHE with Clause 170 of the aforesaid Regulation. The Fire Safety Certificate will be inVISIT the form or to the effect of Clause 174 of the Environmental Planning and AssessmentPLEASE Regulation, 2000. In addition, in relation to each essential fire or other safety measureDOCUMENT implemented in the building or on the land on
which the building is situated, such a CertificateOFFICIAL is to state: THE FOR (a) That the measure has beenPAPER. assessed by a person (chosen by the owner of the
building) who is properlyBUSINESS qualified to do so.
(b) That as at the date ofCOUNCIL the assessment the measure was found to be capable of functioning at a standardRIVER not less than that required by the attached Schedule.
GEORGES THE A copy of the certificateOF is to be given by the applicant to the Commissioner of Fire & Rescue NSW and aCOPY further copy is to be displayed in a frame and fixed to a wall inside
PRINTED A the building's mainIS entrance. THIS 89. Acoustic Certification - Prior to the issue of any Occupation Certificate, a suitably qualified acoustic consultant will certify that the operation of the premises and plant equipment will not give rise to a sound pressure level at any affected premises that exceeds the relevant acoustic criteria. The development will at all times comply with these noise levels post occupation.
90. BASIX Certificate - All energy efficiency measures as detailed in the approved BASIX Certificate in the plans approved with the Development Consent, will be implemented before issue of any Occupation Certificate. A Compliance Certificate will be provided to the Principal Certifier regarding the implementation of all energy efficiency measures as detailed in the approved BASIX Certificate before any Occupation Certificate is issued.
91. Long Service Levy - The Long Service Corporation administers a scheme which provides a portable long service benefit for eligible workers in the building and construction industry in NSW. All benefits and requirements are determined by the Building and Construction Industry Long Service Payments Act 1986.
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Payment of the required Long Service Levy payment must be made and proof of payment provided to the Principal Certifier prior to the issue of an Occupation Certificate.
92. Notice to Council - Allocation of street addresses - Prior to the issue of any Occupation Certificate, ‘as-built’ drawings detailing the installed and allocated street/unit address and numbering will be submitted to the satisfaction of Council.
93. Allocation of Car Parking Spaces – A total of 76 car parking spaces, one car wash bay, one loading bay and a minimum of 23 bicycle parking spaces associated with the development is to be allocated as follows:
A. Residential Component: Fifty nine (59) residential spaces, including four (4) accessible spaces. Eight (8) visitor spaces. One (1) dedicated wash bay. Seventeen (17) bicycle spaces and two (2) visitor spaces) B. Commercial Component:
Nine (9) spaces, including one (1) accessible WWW.GEORGESRIVER.NSW.GOV.AU.space.
Four (4) bicycle spaces. WEBSITE: C. Loading Bay: RIVER
One (1) space GEORGES THE
VISIT
94. Signage for allocation of parking - Prior toPLEASE an occupation certificate, the allocation of all onsite parking shall be clearly indicated via signage and/or line-marking. DOCUMENT
OFFICIAL 95. Vehicular Access A vehicular accessTHE (entry and exit) must be provided from Stanley Lane. To that end, the applicant mustFOR submit a formal application to Council for its PAPER. approval for the following interim Traffic Management Measures (TMMs). BUSINESS 96. Electricity Supply - EvidenceCOUNCIL will be provided demonstrating that the development has RIVER been connected to the Ausgrid, if required. GEORGES THE OF
97. Structural CertificatesCOPY - The proposed structure will be constructed in accordance with
details designedPRINTED and certified by the practising qualified structural engineer. In addition, A Compliance or IS Structural Certificates, to the effect that the building works have been THIS carried in accordance with the structural design, will be submitted to the Principal Certifier prior issue of the Occupation Certificate.
98. Stormwater & Ancillary Works - Applications under Section 138 Roads Act and/or Section 68 Local Government Act 1993 – The applicant must obtain all necessary approvals. An approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work will be carried out by a private contractor in accordance with Council’s specifications prior to the issue of an Occupation Certificate.
The developer must meet all costs of the extension, relocation or reconstruction of any part of Council’s drainage system (including design drawings and easements) required to carry out the approved development.
The preparation of all engineering drawings (site layout plans, cross sections, longitudinal sections, elevation views together with a hydraulic grade analysis) and
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specifications for the new storm water drainage system to be arranged by the applicant. The design plans must be lodged and approved by Council prior to the issue of a Construction Certificate.
NOTE: A minimum of four weeks should be allowed for assessment.
99. Vehicular crossing & Frontage work - Major development - The following road frontage works shall be constructed in accordance with Council's Specification for Vehicular Crossings and Associated Works together with the Vehicular Crossing Approval issued by Council’s Engineering Services Division:
(a) Construct a 1.5m wide footpath for the full length of both street frontages of the site. (b) Construct a new heavy duty vehicular crossing. (c) Construct new kerb and gutter for the full length of both street frontages of the site. (d) Any existing vehicular crossing and/or laybacks which are redundant must be removed.
A private contractor shall carry out the above work, at the expense of the applicant and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. WWW.GEORGESRIVER.NSW.GOV.AU.
SECTION G - ONGOING CONDITIONS WEBSITE: RIVER
GEORGES 100. Noise Control - The use of the premises willTHE not give rise to the transmission of offensive noise to any place of different occupancy.VISIT Offensive noise is defined in the Protection of the Environment Operations Act PLEASE1997. DOCUMENT
101. Amenity of the Neighbourhood - TheOFFICIAL implementation of this development will not THE adversely affect the amenity of theFOR neighbourhood or interfere unreasonably with the comfort or repose of a person whoPAPER. is outside the premises by reason of the emission or
discharge of noise, fumes, vapour,BUSINESS odour, steam, soot, dust, waste water, waste
products, grit, oil or other harmfulCOUNCIL products. RIVER
102. Activities and StorageGEORGES of Goods Outside Buildings - There will be no activities THE including storing or depositingOF of any goods or maintenance to any machinery external to the building with theCOPY exception of waste receptacles.
PRINTED A IS 103. Maintenance THISof Landscaping - All trees and plants forming part of the landscaping will be maintained. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilising, pest and disease control, replacement of dead or dying plants and any other operations required to maintain healthy trees, plants and turfed areas.
The maintenance of the landscaping shall be undertaken in perpetuity. Should any plants or trees die, then they shall be replaced with the same species (i.e. like for like).
104. Annual Fire Safety Statement - The owner of the building premises will ensure the Council is given an annual fire safety statement in relation to each essential fire safety measure implemented in the building. The annual fire safety statement will be given:
(a) Within 12 months after the date on which the fire safety certificate was received. (b) Subsequent annual fire safety statements are to be given within 12 months after the last such statement was given. (c) An annual fire safety statement is to be given in or to the effect of Clause 181 of the Environmental Planning and Assessment Regulation 2000.
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(d) A copy of the statement is to be given to the Commissioner of Fire & Rescue NSW, and a further copy is to be prominently displayed in the building.
105. Responsibility of Owners Corporation - The Owners Corporation will be responsible for presenting all approved waste and recycling receptacles for collection, and returning all receptacles to the Main Waste Collection Room, as soon as practicable after they have been serviced.
The Owners Corporation will also be responsible for maintaining all equipment, systems, facilities and storage areas used in conjunction with the provision of waste management services in accordance with all applicable regulatory requirements, relevant health and environmental standards, and to the satisfaction of Council.
106. Management of Waste Facilities – The ongoing management of onsite waste facilities shall be undertaken in accordance with the following requirements:
(a) Occupational Health and Safety issues such as slippery floors in waste rooms and the weight of the waste and recycling receptacles will need to be monitored. (b) Cleaners will monitor the bin storage area and all spills will be attended to WWW.GEORGESRIVER.NSW.GOV.AU. immediately by cleaners.” WEBSITE: RIVER 107. The ongoing operation of Recycling and Waste Management Services is to be GEORGES undertaken in accordance with the Waste ManagementTHE Plan. VISIT 108. Any external plant/air-conditioning system mustPLEASE not exceed a noise level of 5dBA above the background noise level when measuredDOCUMENT at the boundaries of the property.
OFFICIAL THE 109. Any graffiti on the site is to be removedFOR within forty eight (48) hours. PAPER.
SECTION H - OPERATIONAL BUSINESSREQUIREMENTS UNDER THE ENVIRONMENTAL
PLANNING & ASSESSMENT ACTCOUNCIL 1979 RIVER
110. Requirement for a ConstructionGEORGES Certificate - The erection of a building must not THE commence until a ConstructionOF Certificate has been issued. COPY
PRINTED A 111. Appointment ofIS a PCA - The erection of a building must not commence until the applicant has:THIS
(a) appointed a PCA for the building work; and
(b) if relevant, advised the PCA that the work will be undertaken as an Owner -Builder.
If the work is not going to be undertaken by an Owner - Builder, the applicant must:
(c) appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and
(d) notify the PCA of the details of any such appointment; and
(e) notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.
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An Information Pack is attached for your convenience should you wish to appoint Georges River Council as the PCA for your development.
112. Notification Requirements of PCA - No later than two days before the building work commences, the PCA must notify:
(a) the consent authority and the Council (if not the consent authority) of his or her appointment; and
(b) the applicant of the critical stage inspections and other inspections that are to be carried out with respect to the building work.
113. Notice of Commencement - The applicant must give at least two days notice to the Council and the PCA of their intention to commence the erection of a building.
A Notice of Commencement Form is attached for your convenience.
114. Critical Stage Inspections - The last critical stage inspection must be undertaken by the PCA. The critical stage inspections required to be carried out vary according to Building WWW.GEORGESRIVER.NSW.GOV.AU. Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.WEBSITE: RIVER
GEORGES 115. Notice to be given prior to critical stage inspectionsTHE - The principal contractor for a building site, or the owner-builder, must notify VISIT the PCA at least 48 hours before each required inspection needs to be carried out. PLEASE DOCUMENT
Where Georges River Council has beenOFFICIAL appointed as the PCA, 48 hours notice in THE writing, or alternatively 24 hours noticeFOR by facsimile or telephone, must be given when specified work requiring inspectionPAPER. has been completed.
BUSINESS
116. Occupation Certificate - A COUNCILperson must not commence occupation or use of the whole or any part of a new buildingRIVER unless an Occupation Certificate has been issued in relation
to the building or part. GEORGES THE OF Only the PCA appointedCOPY for the building work can issue the Occupation Certificate.
PRINTED A IS An OccupationTHIS Certificate Application Form is attached for your convenience.
SECTION I - PRESCRIBED CONDITIONS
117. Clause 97A – BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.
118. Clause 98 – Building Code of Australia - Requires all building work to be carried out in accordance with the Building Code of Australia.
119. Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign. The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifier and the Principal Contractor.
120. Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building
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on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.
END CONDITIONS
NOTES/ADVICES
121. Review of Determination - Section 8.2 of the Environmental Planning and Assessment Act confers on an applicant who is dissatisfied with the determination of the application the right to lodge an application with Council for a review of such determination. Any such review must however be completed within 6 months from its determination. Should a review be contemplated sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination.
Note: Review provisions do not apply to Complying Development, Designated Development, State Significant Development, Integrated Development or any application determined by the Sydney South Planning Panel or the Land & Environment Court.
WWW.GEORGESRIVER.NSW.GOV.AU. 122. Appeal Rights - Part 8 (Reviews and appeals) of the Environmental Planning and WEBSITE:
Assessment Act 1979 confers on an applicant who isRIVER dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South GEORGES Wales. THE VISIT
PLEASE 123. Lapsing of Consent - This consent will lapse unless the development is physically commenced within 5 years from the Date ofDOCUMENT Operation of this consent, in accordance with Section 4.53 of the Environmental PlanningOFFICIAL and Assessment Act 1979 as amended THE FOR 124. Electricity Supply - This developmentPAPER. may need a connection to the Ausgrid network which may require the networkBUSINESS to be extended or its capacity augmented. The applicant
is advised to contact AusgridCOUNCIL for further details and information on lodging your application to connect to theRIVER network. GEORGES THE 125. Disability DiscriminationOF Act – The applicant is responsible to ensure compliance with COPY this and other anti-discrimination legislation. PRINTED A IS 126. Security depositTHIS administration & compliance fee - Under the Local Government Act 1993, a security deposit (or part) if repaid to the person who provided it is to be repaid with any interest accrued on the deposit (or part) as a consequence of its investment.
Council will cover administration and other costs incurred in the investment of these monies. The current charge is $50.00 plus 2% of the bond amount per annum.
The interest rate applied to bonds is set at Council's business banking facility rate as at 1 July each year. Council will accept a bank guarantee in lieu of a deposit.
All interest earned on security deposits will be used to offset the Security Deposit Administration and Compliance fee. Where interest earned on a deposit is not sufficient to meet the fee, it will be accepted in full satisfaction of the fee.
127. These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the
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Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au. It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.
If you need more information, please contact the Development Assessment Officer, below on 9330-6400 during normal office hours.
ATTACHMENTS Attachment ⇩ 1 Site Context Analysis Plan - 85-87 Railway Parade Mortdale Attachment ⇩ 2 Elevations - 85-87 Railway Parade Mortdale Attachment ⇩ 3 Shadow Diagrams - 85-87 Railway Parade Mortdale
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