Attachment 1 Cl Regulatory

ATTACHMENT 1 CL …… REGULATORY

Purpose  To determine DA04/817 that seeks approval to demolition and construction of a 2 storey dwelling house at 3 Pioneer Street, Wentworthville

The application has been assessed by an independent planning consultant and has been referred to Council for determination as the applicant is an employee of Council. Proposal  Demolition of existing dwelling house and garage and construction of a two storey dwelling, containing four bedrooms. The proposed dwelling is setback 7.5m from the front boundary, 900mm from the northern side boundary and 1.289m from the southern side boundary. The applicant seeks to remove all trees on the site. Site & Locality  The subject site is located on the western side of Pioneer Street, with a street frontage of 15.24m and depth of 42.55m. To the north is a recently constructed part one and part two storey dwelling and the rear yard of 110 Darcy Street. To the east are single storey dwellings. To the south is a single storey dwelling and the rear yard of 9 Pioneer Street, then a dual occupancy development. To the west are the rear yards of 112 Darcy Street and 11 Pioneer Street.

The site is relatively flat and contains three mature trees, two within the rear yard and one within the front setback. The existing dwelling is a single storey fibro cottage and the rear yard contains a fibro garage. Statutory Controls  LEP 2001 – 2A Residential Zone: Development permissible with development consent DCP 2001 - Section 5.3 Single Dwellings - Part 4 – General Controls for Development Consultation  The application was notified from 10 August 2004 to 24 August 2004.

Two (2) submissions were received during the notification period, from the adjoining residents to the north and south at No.1 and No. 5 Pioneer Street, Wentworthville. The following issues were raised:

Overshadowing  As discussed elsewhere in this report, the proposal results in the loss of direct solar access to a bathroom window and one other window opening on the northern ATTACHMENT 1 CL …… REGULATORY

elevation of No. 5 Pioneer Street for the entire day. The proposal complies with Council’s height requirements, exceeds southern side setback requirements and has been designed to distribute the main building bulk to the northern side of the allotment. The front and rear yards of the property will retain direct solar access for a large part of the day during mid-winter. As mentioned previously, the degree of shadow cast by the proposal is considered acceptable.

 Loss of privacy The proposed dwelling has been designed to setback the majority of the upper level from the southern boundary beyond the ground floor level. The proposal does not contain any window openings on the southern elevation at the upper level, with the exception of a corner window to an ensuite to bedroom 1 which is provided for lighting of the ensuite and will not enable overlooking of the adjoining property to the south.

To the north, the upper level of the proposed dwelling contains windows only to bedrooms and a bathroom. One of the two windows in Bedroom 1 is a highlight window. It is recommended that a condition of consent be imposed requiring the bathroom window to incorporate translucent glazing. Given the proposed use of the rooms, the window sizes and locations to Bedroom 2 and the Bedroom 1 Retreat are reasonable.

 Fencing along southern boundary The owner of No 5 Pioneer Street objects to fencing along the southern boundary of the site above a height of 1m. It is noted that boundary fencing exceeding a height of 1m is already provided and the fencing to a height of 1.8m is permissible as “exempt development” without the consent of Council.

Excessive length of the proposed dwelling  The proposed dwelling results in non-compliance of 500mm with the rear setback requirement, however easily complies on average with the DCP requirement. Whilst the proposed dwelling extends approximately 4.5m beyond the western alignment of the adjoining dwelling at No. 1 Pioneer Street, it is noted that the subject site has a depth approximately 10m greater than the adjoining site. The length of the proposed dwelling ATTACHMENT 1 CL …… REGULATORY

is reasonable and will not result in any adverse privacy impacts to the north.

 Noise impacts from location of laundry door There is no evidence to suggest that the location of the laundry will result in any significant noise impacts on the adjoining property to the north.

Northern side setback appears to be less than 1m  The proposal fully complies with Council’s 900mm side setback requirements.

Impact on views  As indicated, the proposal results in only minor non- compliance (500mm) with the rear setback requirement under DCP 2001 and as such maintains a reasonable green space area at the rear of the site. Whilst the outlook from the adjoining dwelling to the north will change as a result of the proposed development the proposal will not result in any significant adverse view impacts.

Issues  Floor Space Ratio Clause 40 of PLEP 2001 stipulates a maximum floor space ratio (FSR) of 0.5:1 for dwelling houses. The proposal results in a gross floor area of 343.6m2 which represents a floor space ratio of 0.53:1. This excludes the floor area of the existing garage within the rear yard which the applicant indicates will be removed if required by Council. The proposal therefore exceeds the permissible FSR by 21.13m2.

The applicant has submitted a SEPP No. 1 Objection which states the proposed non-compliance is reasonable for the following reasons:  The size of the dwelling is not beyond expectations of the public;  The proposal is consistent with the streetscape and provides ample setbacks;  The proposal complies with lot size and site coverage requirements;  The dwelling size is required to satisfy the needs of the occupant who are carers for a heart patient, in addition to six other family members;  Dual occupancy development is permissible on the site to an FSR of 0.6:1 and would result in ATTACHMENT 1 CL …… REGULATORY

greater impacts on the streetscape and adjoining properties.

The LEP does not contain specific objectives for the FSR control however the objectives are assumed to relate to maintaining bulk and scale of development that is consistent with the streetscape and surrounding development and minimising impacts on neighbouring properties.

Whilst the surrounding area contains several single storey dwellings, the adjoining site to the north is occupied by a part one and part two storey dwelling, the allotment next but one to the south is occupied by a two storey dual occupancy development and to the south- east on the opposite side of Pioneer Street is a substantial two storey dwelling. The proposal is of a scale consistent with these dwellings and it is likely that other surrounding allotments will be developed for the purposes of two storey single dwellings or dual occupancy development.

In terms of amenity impacts, that the degree of shadow cast on the neighbouring property to the south is reasonable given the orientation of the allotment and the non-compliance with the FSR is not considered to contribute to any additional privacy impacts on neighbouring properties. These issues are discussed elsewhere in this report. Furthermore, given the minor extent of the non-compliance, requiring strict compliance would not significantly alter the appearance of the dwelling or the likely impacts on surrounding development.

It is recommended that a condition of consent be imposed requiring demolition of the existing garage within the rear yard. The proposal incorporates a new double garage and as such this is considered reasonable in order to reduce the density of building and increase soft soil area on the site.

Accordingly, strict application of the FSR control is unreasonable in the circumstances, as the proposed development achieves the objectives and the control. ATTACHMENT 1 CL …… REGULATORY

 Rear Setback The DCP requires a rear setback of 30% of the site length (12.77m). The objectives of the control relate to maintaining mid-block green space, deep soil area, private open space and privacy to neighbouring properties. The proposal provides a minimum of 12.265m to the northern part of the western (rear) elevation, however the setback is increased to 15.8m and 17.8m at the southern part of the rear elevation.

Accordingly, the proposal complies with the setback requirement on average and responds to the east-west orientation of the allotment by reducing the bulk of the building form on the southern side of the dwelling. The proposal complies with the total deep soil area requirement and provides in excess of 50% of the deep soil area within the rear yard of the site in accordance with the DCP requirements. Accordingly, the proposal provides adequate separation to adjoining properties at No 112 Darcy Street and No. 11 Pioneer Street and to achieve the objectives of the control.

If Council considers strict compliance with the rear setback requirement to be necessary, the front setback to the proposed dwelling could be slightly reduced to achieve compliance with the rear setback requirement.

Solar Access  The proposal results in the loss of direct solar access to a bathroom window and one other window opening on the northern elevation of No. 5 Pioneer Street for the entire day. Notwithstanding, the proposal maintains direct solar access to the eastern elevation of this dwelling for the majority of the day and maintains solar access to the front and rear yards for a large part of the day. The proposal complies with Council’s height requirements, exceeds southern side setback requirements and has been designed to distribute the main building bulk to the northern side of the allotment. The degree of shadow cast by the proposal is inevitable for two storey development on an east-west allotment and as such is considered acceptable.

 Tree Removal The applicant seeks to remove all trees on the subject site. Council’s Landscape Officer considers the ATTACHMENT 1 CL …… REGULATORY

Eucalyptus tree within the front setback to be a significant landscape element and recommends its retention. Accordingly, it is recommended that a condition of consent be imposed requiring retention of this tree and protection during construction. Council’s Landscape Officer has also recommended conditions relating to the replanting/landscaping of the site.

Conclusion  All matters required to be considered in accordance with Section 79C of the Environmental Planning and Assessment Act 1979 have been considered in the preparation of this report.

All key issues raised are considered to have been reasonably addressed by the applicant or have been addressed by conditions of development consent, and approval of the application is recommended. Recommendation  Approval, subject to all relevant standard conditions and the following specific conditions:

A. The existing garage within the rear yard of the subject site is to be removed prior to issue of an occupation certificate.

B. Windows to the bathrooms at first floor level are to be fitted with fixed obscure glazing.

C. A site plan indicating the planting of the following native plant species within the rear soft soil zone and front yard is to be prepared and submitted to the Principal Certifying Authority prior to the issue of the Construction certificate. These species are to be allocated to address screening and environmental enhancement issues. All plants are to be positioned within allocated planted garden areas/beds that are to be edged with appropriate brick or timber edging. All garden beds / planted areas are to be covered with a minimum 75mm mulch.

 1 x Tree species from the following list. These are to be supplied in25 Litre containers. Banksia integrifolia, Flindersia austalis, Backhousia myrtifolia.

 15 x Large shrub / screen plants from the ATTACHMENT 1 CL …… REGULATORY

following list. These are to be supplied in 5 Litre containers. Syzygium ‘Cascade’, Eriostemon mypoproides, baekea virgata, leptospermum sqaurrosum, Grevillea species, Grevillea ‘Winpara Gem’, Banksia ericifolia, Leptospermum ‘Cardwell’, Callistemon ‘Endeavour’, Callistemon ‘Little John’, Syzygium wilsonii, Persoonia pinifolia, Eestringia fruticosa.

 15 x Small shrubs species from the following list. These are to be supplied in 5 Litre containers. baeckea virgata, Baura rubioides, Grevillea ‘Ellendale Pool’, Thryptomene saxicola, Agonis flexuosa ‘Nana’, Crowea saligna, Correa baueerlinii, Austromyrtus tenuifolia, Prostanthera ovalifolia.

 15 x Groundcover species from the following list. These are to be supplied in 5 Litre containers. Dianella caerulea, Myoporum parvifolium, Grevillea x goudichoudii, Dianella revolute, Themeda australis, Brachycomb multifida. ATTACHMENT 1 CL …… REGULATORY

STATUTORY AND POLICY COMPLIANCE

The objectives of the Residential 2(a) Zone are to encourage redevelopment of low density housing forms, where the redevelopment will enhance the amenity of the surrounding area and is in character with the surrounding built environment. The subject site is located within an older established residential area that comprises predominantly one and two storey single dwellings and some dual occupancy development. Whilst the proposed dwelling is of a larger scale than original dwellings in the locality, it is considered that the proposal is consistent with the desired future character of the area and will not significantly affect the amenity of surrounding properties. The proposal generally complies with the relevant controls of LEP 2001 and DCP 2001, with the exception of the FSR and rear setback requirement, and is considered to be consistent with the objectives of the FSR control.

The following table summarises the proposal’s compliance with the specific requirements of LEP 2001 and DCP 2001:

Control Requirement Proposed Compliance Site area NA 645m2 NA FSR 0.5:1 (max) 0.53:1 No Height 2 storeys (max) 2 storeys Yes Site frontage 15m (Min) 15.24m Yes Minimum Front – minimum 7.5m Yes setbacks 5m maximum 9m

Side – 900mm Nth side: 900mm Yes (increasing where dwelling extends Sth side: 1.289m Yes beyond neighbouring properties)

Rear – 30% of the Min. 12.265m Yes site length(12.77m) Landscaping 30% soft soil (with 41% (>50% at Yes minimum 50% at rear) rear, and max 50% of front setback included) Private Open 100m2 (min. 6m 227m2 (with Yes Space dimension) dimension >6m) Balconies Not to exceed Max. 600mm Yes 800mm outside beyond garage ATTACHMENT 1 CL …… REGULATORY

building below envelope/to face street or rear Car parking 2 spaces (Min) 2 Yes Garages Maximum 6.3m 5.88m wide (45% Yes wide (or 50% of of front elevation) street elevation)

Located minimum Located 500mm Yes 300mm behind behind porch front building line alignment Solar Access 3 hours sunlight in Loss of solar No habitable rooms access to two and 50% of window openings private open on northern space in adjoining elevation of No. 5 properties Pioneer Street between 9am and 3pm on 21 June >50% sunlight for Yes >3 hours to open space Floor to Ceiling Maximum 3m 2.74 Yes Height Front Fencing Similar height/ 900mm brick wall Yes materials to with wrought iron locality infill