AGENDA - LPP
Meeting: Georges River Local Planning Panel (LPP)
Date: Thursday, 3 September 2020
Time: 4.00pm
Venue: Council Chambers, Civic Centre, Hurstville
Panel Members: Sue Francis (Chairperson) Milan Marecic (Expert Panel Member) Jason Perica (Expert Panel Member) Cameron Jones (Community Representative) WWW.GEORGESRIVER.NSW.GOV.AU
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COUNCIL 1. On Site Inspections - 1.00pm – 3.30pm GEORGES RIVER a) Shop 1, 1 Treacy Street Hurstville THE VISIT
b) 565 King Goerges Road PenshurstGEORGES
c) 58 Lawrence Street PeakhurstTHE PLEASE d) 8-8A Johnstone Street PeakhurstOF COPY DOCUMENT
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2. Public Meeting – Consideration of Items 4.00pm – 6.00pm
Public Meeting Session Closed - 6.00pm (Break – Light Supper served to Panel Members)
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3. Reports and LPP Deliberations in Closed Session - 6.30pm
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- LPP041-20 58 Lawrence Street Peakhurst – DA2019/626 (Report by Senior Development Assessment Planner)
LPP042-20 565 King Georges Road Penshurst – REV2020/0016
LPP041 (Report by Senior Development Assessment Officer)
LPP043-20 Shop 1, 1 Treacy Street Hurstville – DA2020/ 0146 (Report by Development Assessment Planner)
LPP044-20 8-8A Johnstone Street Peakhurst – DA202/0307
(Report by Development Assessment Planner)
4. Confirmation of Minutes
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REPORT TO GEORGES RIVER COUNCIL LPP MEETING OF THURSDAY, 03 SEPTEMBER 2020
20 - Development LPP Report No LPP041-20 DA2019/0626 Application No Site Address & Ward 58 Lawrence Street Peakhurst LPP041 Locality Peakhurst Ward Proposed Development Demolition and construction of a four storey boarding house with basement parking, landscaping and site works Owners Mr M Adbul-Rahman Applicant 58 Lawrence Street Pty Ltd Planner/Architect Architect: Smith & Tzannes Date Of Lodgement 18/12/2019 Submissions 31 unique submissions Cost of Works $3,918,363.62 Local Planning Panel The application is for the construction of a boarding house and Criteria has received more than 10 unique submissions. List of all relevant s.4.15 State Environmental Planning Policy (Affordable Rental Housing) matters (formerly 2009, State Environmental Planning Policy (Vegetation in Non- s79C(1)(a)) Rural Areas) 2017,
State Environmental PlanningWWW.GEORGESRIVER.NSW.GOV.AU Policy (Building Sustainability Index: BASIX) 2004, GreaterPAPER. Metropolitan Regional Environmental Plan No.2WEBSITE: – Georges River Catchment, State BUSINESS Environmental PlanningRIVER Policy No.55 – Remediation of Land, State Environmental Planning Policy (Infrastructure) 2007, Draft COUNCIL Environmental StateGEORGES Environmental Planning Policy, Draft State RIVER EnvironmentaTHEl Planning Policy – Remediation of Land, Draft Georges RiverVISIT Local Environmental Plan 2020, HurstvilleGEORGES Local Environmental Plan 2012, Hurstville THE PLEASE DevelopmentOF Control Plan No. 1.
List all documents ArchitecturalCOPY Plans, Statement of Environmental Effects, submitted with this ClauseDOCUMENT 4.6 Variation Request, Stormwater Plans, report for the Panel’s PRINTED Landscape Plan, Arborist Report, Traffic Report, A OFFICIAL IS consideration THE Submissions, Plan of Management THIS Report prepared by FOR Senior Development Assessment Planner
Recommendation That the application be granted deferred commencement approval in accordance with the conditions included at the end of 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 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
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the assessment report?
Clause 4.6 Exceptions to development standards
If a written request for a contravention to a development Yes - Clause 4.3 Height of 20 standard (clause 4.6 of the LEP) has been received, has it buildings - been attached to the assessment report? Special Infrastructure Contributions
Does the DA require Special Infrastructure Contributions Not Applicable LPP041 conditions (under s7.24)? Conditions Have draft conditions been provided to the applicant for No, a deferred comment? commencement approval is recommended and the conditions can be reviewed when the report is published.
Site Plan
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Figure 1: The site is outlined in blue
Executive Summary Proposal 1. This development application (DA) seeks consent for the demolition of existing structures and the construction of a four (4) storey boarding house comprising of twenty (20) boarding rooms, including a Manager’s Room, communal living room with basement car parking for ten (10) vehicles, landscaping and site works, pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009.
2. A Clause 4.6 Statement has been submitted in relation to a variation to the maximum height development standard in Hurstville LEP 2012, which has been assessed in detail
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later in this report and is considered to be well founded and in this case is recommended for supported given the nature and degree of variation that has been applied for.
20 Site and Locality - 3. The subject site is located on the northern side of Lawrence Street approximately 165m west of the intersection of Lawrence Street and Pearce Avenue. The subject site is known as 58 Lawrence Street, Peakhurst and is legally described as Lot 204 in DP 36317. LPP041
4. The site is an irregular shape having a frontage to Lawrence Street of 17.67m, side boundary lengths of 36.8m and 36.79 a rear boundary length of 14.93m giving a site area of 598sqm.
5. Presently situated on the site is a single storey dwelling house with ancillary structures in the rear yard.
Zoning and Permissibility 6. The subject site is zoned R3 Medium Density Residential under the provisions of Hurstville Local Environmental Plan 2012 (HLEP 2012). The proposal involves the construction of a boarding house which is a permissible use in the zone with development consent.
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7. The proposed development satisfies all relevantPAPER. objectives contained within the HLEP and is consistent with the requirements of State Environmental Planning Policy WEBSITE:
(Affordable Rental Housing) 2009. BUSINESS RIVER
Submissions COUNCIL GEORGES 8. The DA was publicly notified to neighboursRIVER between 22 January 2020 and 19 February THE 2020 in accordance with the Hurstville Development Control Plan No. 1 (HDCP). A total VISIT
of thirty one (31) submissionsGEORGES were received raising concerns with parking and traffic congestion, privacy, design,THE height, PLEASE scale and the bulk of the scheme, together with the social impacts of the proposedOF use of the building as a boarding house. These issues are COPY discussed in greater detailDOCUMENT in the body of this report.
PRINTED A OFFICIAL Reason for Referral toIS the Local Planning Panel THE 9. This applicationTHIS is referred to the Georges River Local Planning Panel for determination as the proposalFOR relates to a boarding house and Council delegations. It is also referred as over ten (10) unique submissions were received in response to the application under the Ministerial Directions.
Conclusion 10. The proposal is an appropriate response to the zoning of the land in an area that is undergoing a transition to medium density housing including Residential Flat Buildings (RFB). The bulk and scale of the building has satisfactorily been resolved via appropriate articulation, acceptable building setbacks and a mix of materiality and textures.
11. The proposal is consistent with the desired future building envelope and density for the site.
12. The application has been assessed having regard to the Matters for 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.
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13. As a result the application is recommended for approval subject to suitable conditions of
consent. 20 - Report in Full DESCRIPTION OF THE PROPOSAL 14. The application proposes the demolition of existing structures, removal of six (6) trees and the construction of a four (4) storey boarding house containing twenty (20) boarding LPP041 rooms including a Manager’s Room over basement parking for ten (10) vehicles, landscaping and site works.
15. Further details of the proposal are as follows:
Basement Level - Ten (10) car parking spaces including one (1) accessible space; - Four (4) bicycle parking spaces; - Four (4) motor bike spaces; - Pump room; and - Lift core and stairs with an annotated accessible circulation area.
Ground Floor Plan - Three (3) boarding rooms; WWW.GEORGESRIVER.NSW.GOV.AU
- Manager’s Room and adjacent private opensPAPER. space; - Communal living room; WEBSITE:
- Waste room; BUSINESS - Communal open space at the rear of the RIVERbuilding;
- Lift lobby with an annotated accessibleCOUNCIL circulation area and fire stairs; GEORGES - Vehicular access from LawrenceRIVER Street located on the western side of the site; and THE - Landscaped front setback with pedestrian access on the eastern side of the site. VISIT
GEORGES Levels 1 and 2 THE PLEASE - Six (6) boarding rooms;OF and COPY - Lift lobby with an annotatedDOCUMENT accessible circulation area and fire stairs.
PRINTED A OFFICIAL Level 3 IS THE - Four (4) boardingTHIS rooms; - Lift lobby withFOR an annotated accessible circulation area and fire stairs; and - Services cupboard, hot water and AC units.
DESCRIPTION OF THE SITE AND LOCALITY 16. The subject site is located on the northern side of Lawrence Street approximately 165m west of the intersection of Lawrence Street and Pearce Avenue.
17. The subject site is known as 58 Lawrence Street, Peakhurst and is legally described as Lot 204 in DP 36317.
18. The site is an irregular shape having a frontage to Lawrence Street of 17.67m, side boundary lengths of 36.8m and 36.79 a rear boundary length of 14.93m giving a site area of 598sqm.
19. The land falls from the street to the rear boundary, with a level difference of approximately 2.5m.
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20. The site is currently occupied by a single storey dwelling house and ancillary structures in the rear yard.
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COUNCIL GEORGES RIVER THE Figure 2: Existing development on the siteVISIT GEORGES THE PLEASE 21. Immediately adjoining the OFsite to the east is 60 and 60A Lawrence Street which contains
a two storey attached dualCOPY occupancy. DOCUMENT
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Figure 3: 60 and 60A Lawrence Street (east of the site) WWW.GEORGESRIVER.NSW.GOV.AU PAPER.
22. Immediately to the west of the site is 56 LawrenceWEBSITE: Street which contains a single storey BUSINESS dwelling house. RIVER
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Figure 4: 56 Lawrence Street (west of the site)
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23. To the rear of the site is a single storey dwelling house known as 49 Gover Street and a
residential flat building at 51-55 Gover Street. 20 - LPP041
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PAPER. WEBSITE: BUSINESS Figure 5: 49 Gover Street (rear of the site) RIVER
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COUNCIL Figure 6: 51-55 Gover Street (rear of the site) GEORGES RIVER THE 24. Properties on the southern side of VISITLawrence Street, opposite the subject site, consist of a mix of residential flat buildingsGEORGES and single storey dwellings. THE PLEASE OF
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WWW.GEORGESRIVER.NSW.GOV.AU PAPER. Figure 7: 71-75 Lawrence Street (opposite the site) WEBSITE: BUSINESS RIVER
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Figure 8: 69 Lawrence Street (opposite the site)
State Environmental Planning Policies (SEPPs)
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25. Compliance with the relevant SEPPs is summarised in the following table and discussed in further detail below it.
20 Compliance with State Planning Policies - SEPP Title Complies Greater Metropolitan Regional Environmental Plan No 2 – Georges River Yes Catchment State Environmental Planning Policy (Building Sustainability Index: BASIX) Yes LPP041 2004 State Environmental Planning Policy No 55 - Remediation of Land Yes State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Yes
State Environmental Planning Policy (Infrastructure) 2007 Yes State Environmental Planning Policy (Affordable Rental Housing) 2009 Yes
Deemed State Environmental Planning Policy – Georges River Catchment 26. All stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and will satisfy the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment.
The stormwater will connect to an easement and drain to Gover Street via an onsite
stormwater detention system. WWW.GEORGESRIVER.NSW.GOV.AU PAPER.
State Environmental Planning Policy (Building SustainabilityWEBSITE: Index: BASIX) 2004 27. A BASIX Certificate has been issuedBUSINESS for the proposed development and the RIVER commitments required under the certificate have been satisfied. COUNCIL GEORGES RIVER State Environmental Planning Policy No THE55 - Remediation of Land
28. SEPP 55 aims to promote the remediationVISIT of contaminated land in order to reduce the risk of harm to human health orGEORGES any other aspect of the environment. THE PLEASE OF 29. Clause 7 requires contamination and remediation to be considered in determining a COPY development application.DOCUMENT The consent authority must not consent to the carrying out of
development on landPRINTED unless it has considered whether or not the land is contaminated. A OFFICIAL IS THE 30. The site has THIS a history of residential uses and as such, site contamination is not FOR suspected. In this regard, no further assessment is warranted with regard to site contamination.
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 31. The Vegetation SEPP regulates clearing of native vegetation on urban land and land zoned for environmental conservation/management that does not require development consent.
32. The Vegetation SEPP applies to clearing of:
a) Native vegetation above the Biodiversity Offset Scheme (BOS) threshold where a proponent will require an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and b) Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the Council’s Development Control Plan (DCP).
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33. The Vegetation SEPP repeals clause 5.9 and 5.9AA of the Standard Instrument -
Principal Local Environmental Plan with regulation of the clearing of vegetation (including 20 native vegetation) below the BOS threshold through any applicable DCP. -
34. The proposed development does not involve the removal of any significant trees or vegetation. The six (6) trees proposed for removal are supported by Council’s Consulting Arborist. In this regard, the provisions of this SEPP are considered to be met. LPP041
State Environmental Planning Policy (Infrastructure) 2007 35. The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State. The DA was referred to Ausgrid on 8 January 2020 in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid advised there are no issues with the proposal.
36. The applicant’s electrical consultant has advised there is no need for a substation; however the applicant is seeking written confirmation from Ausgrid, but has not been provided at the time this report has completed.
37. The provisions and requirements of the Infrastructure SEPP have been addressed and satisfied by the proposal.
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State Environmental Planning Policy (Affordable RentalPAPER. Housing) 2009 38. State Environmental Planning Policy (Affordable Rental Housing) 2009 aims to provide a WEBSITE:
consistent planning regime for the provisionBUSINESS of affordable rental housing. The proposal seeks consent for a boarding house pursuantRIVER to the provisions of the SEPP, specifically
Division 3 – Boarding Houses. An assessmentCOUNCIL of the proposal against the relevant GEORGES provisions of the SEPP is provided RIVERin the following table. THE
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Clause StandardsGEORGES Proposal Complies 26 – Land to R1 GeneralTHE PLEASE Residential Site is zoned R3 Yes OF which Division R2 Low Density Residential Medium Density COPY applies for the R3DOCUMENT Medium Density Residential purpose of a PRINTED Residential A OFFICIAL boarding IS R4 High Density THE house with THIS FOR Residential consent B1 Neighbourhood Centre B2 Local Centre B4 Mixed Use 27 – Not applicable – the site is in N/A NA/ Development the R3 zone. to which Division applies 29 - Standards that cannot be used to refuse consent Council cannot refuse a development application for a boarding house under the ARHSEPP 2009 on any of the following grounds: Floor Space If the density and scale of the Permitted: Yes Ratio buildings as a FSR is not more 897.6sqm than the existing maximum FSR for any form of residential Proposed: accommodation permitted 684.2sqm
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(1.5:1 inclusive of additional permitted 0.5:1)
Height If the building height is not 13.135m No – refer to 20 more than the maximum height discussion in - permitted under another EPI LEP section for any building on the land: of this report Maximum of 12m under the HLEP 2012 LPP041 Landscaped If the landscape treatment of Landscaped front Yes Area the front setback area is setback area is compatible with the consistent with the streetscape in which the character of the building is located streetscape. Solar Access Where the development 3 hours of direct Yes provides for one or more sunlight is achieved communal living rooms, if at as it is located with least one of those rooms a northern aspect. receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter Private Open If at least the following private Space open space areas are provided WWW.GEORGESRIVER.NSW.GOV.AU (other than the front setbackPAPER.
area): WEBSITE:
BUSINESS (i) one area of at least 20sqmRIVER Located within the Yes with a minimum dimensionCOUNCIL of rear setback. The GEORGES RIVER 3m is provided forTHE the use of area and
the lodgers, VISIT dimensions comply. GEORGES THE PLEASE OF (ii) if accommodation is Located on the Yes COPY providedDOCUMENT on site for a boarding western side of the
PRINTEDhouse manager—one area of development A OFFICIAL IS at least 8sqm with a minimum accessed directly THE THIS dimension of 2.5m is provided from the manager’s FOR adjacent to that room. The area and accommodation. dimensions comply. Accommodation if each boarding room has a Room 1 - 14.8sqm Yes size gross floor area (excluding any Room 2 - 19.9sqm area used for the purposes of Room 3 - 16.5sqm private kitchen or bathroom Room 4 - 24.3sqm facilities) of at least— Managers Room (i) 12 square metres in the Room 5 - 15.1sqm case of a boarding room Room 6 - 20.2sqm intended to be used by a Room 7 - 16.7sqm single lodger, or Room 8 - 22.3sqm (ii) 16 square metres in any Room 9 - 25sqm other case. Room 10 - 23.6sqm Room 11 - 15.1sqm Room 12 - 22.7sqm Room 13 - 20.2sqm
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Room 14 - 22.3sqm Room 15 - 25sqm
Room 16 - 22.9sqm 20 Room 17 - 15.1sqm - Room 18 - 22.8sqm Room 19 - 18.4sqm Room 20 - 22.9sqm Parking 0.5 parking spaces provided 10 spaces provided One space LPP041 for each boarding room (19 x shortfall – 0.5 = 10 spaces) refer to comments Not more than 1 parking space A Manager space is below is provided for each person not nominated on employed in connection with the plans – a the development and who is condition of resident on site consent is recommended that one (1) space be sign-posted for use by the Manager. Comments on Parking The proposal is one (1) space short of the required eleven (11) parking spaces. Due to WWW.GEORGESRIVER.NSW.GOV.AU
the limited on street parking available on LawrencePAPER. Street and within the surrounding
street network and the lack of justification for theWEBSITE: shortfall by the applicant, it is
considered that the car parking is requiredBUSINESS to meet the minimum standard in the SEPP. As a result a deferred commencement conditionRIVER has been recommended for the deletion of Room 303 from Level 3 andCOUNCIL the roof over the level two (2) development form GEORGES is to be consistent with the remainderRIVER of the development. This roof form is to be non- THE trafficable. VISIT Clause 30 – Standards for BoardingGEORGES Houses A consent authority must notTHE PLEASE consent to development for boarding houses unless it is satisfied of each of the following:OF COPY Communal (a) If DOCUMENTa boarding house has 5 or One (1) communal Yes
living PRINTEDmore boarding rooms, at least room provided at A OFFICIAL IS one communal living room will be the rear on the THE THIS provided ground floor. FOR Size of boarding (b) No boarding room will have a Room 1 - 14.8sqm Yes rooms gross floor area (excluding any Room 2 - 19.9sqm area used for the purposes of Room 3 - 16.5sqm private kitchen or bathroom Room 4 - 24.3sqm facilities) of more than 25sq Room 5 - 15.1sqm Room 6 - 20.2sqm Room 7 - 16.7sqm Room 8 - 22.3sqm Room 9 - 25sqm Room 10 - 23.6sqm Room 11 - 15.1sqm Room 12 - 22.7sqm Room 13 -
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20.2sqm Room 14 -
22.3sqm 20 Room 15 - 25sqm - Room 16 - 22.9sqm Room 17 - 15.1sqm LPP041 Room 18 - 22.8sqm Room 19 - 18.4sqm Room 20 - 22.9sqm Maximum (c) No boarding room will be Complies – Yes occupancy occupied by more than 2 adult condition imposed lodgers to reinforce this. Kitchen and (d) Adequate bathroom and All rooms have a Yes bathroom kitchen facilities will be available kitchen and facilities within the boarding house for the bathroom facilities. use of each lodger Boarding house (e) If the boarding house has Boarding house Yes WWW.GEORGESRIVER.NSW.GOV.AU
manager capacity to accommodate 20PAPER. or manager’s room
more lodgers, a boarding roomWEBSITE: or provided.
on site dwelling will be providedBUSINESS for a boarding house managerRIVER Bicycle and (h) At least one parkingCOUNCIL space will Four (4) motorcycle Yes GEORGES RIVER motor cycle be provided for a THEbicycle, and one spaces and four (4)
spaces will be providedVISIT for a motorcycle, bicycle storage for every 5GEORGES boarding rooms (20/5 spaces provided in = 4 spaces)THE PLEASE the basement. OF
COPY Character assessment DOCUMENT
39. Under clause 16APRINTED of the State Environmental Planning Policy (Affordable Rental A OFFICIAL Housing) 2009, aIS consent authority must not consent to a development if the design is THE incompatible withTHIS the character of the local area. No guidelines were developed to inform FOR how to apply the compatibility test. A number of court cases have provided some guidance as to how to assess the “character” of a local area and what to consider ensuring an affordable housing development is suitable.
40. In considering compatibility with neighbouring character, in Sterling Projects v The Hills Shire Council [2011] the Commissioner said that “character is not limited to a consideration of streetscape but includes the wider context of the site, in particular the characteristics of the properties which adjoin the site”.
41. In the recent decision of Louden Pty Ltd v Canterbury-Bankstown Council [2018] clause 16A played a prominent role in Commissioner Gray’s judgement. Commissioner Gray stated that all buildings of all typologies must be incorporated into the assessment of the local area character. This assessment concurs with Commissioner Roseth SC who in Project Venture Developments v Pittwater Council [2005] stated that “compatibility is thus different from sameness. It is generally accepted that buildings can exist together in harmony without having the same density, scale or appearance, though as the difference
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in these attributes increases, harmony is harder to achieve.” Therefore in order to establish a local character in a mixed, diverse area the plans should reasonably match
other structures in the vicinity and should consider such aspects as building forms, 20 setbacks and scale. -
42. The subject site is located within a precinct that is undergoing change and transition from a lower scale residential environment to a medium density landscape. This transition is evident in the immediate locality on Lawrence Street where land is zoned R3 and multi- LPP041 storey Residential Flat Building (RFB) developments are under construction or complete, with other boarding houses approved in the precinct. The locality can be described as diverse in its character as it comprises of small scale residential developments in the form of detached dwelling houses, dual occupancies and a medium density residential development with 3-4 storey residential flat buildings and affordable housing.
43. There is a DCP control for residential flat buildings that requires a minimum site width of 24m. The subject site has a width of 17.6m however the site width control does not apply to boarding houses. In establishing whether the proposal is in keeping with the character of the area, site width can impact the resultant built form and the opportunity to provide separation to site boundaries. The proposal provides suitable setbacks to the site boundaries which achieves both separation of built form from adjoining buildings and privacy for residents and neighbours through window placement, size and treatment.
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44. The proposal is considered suitable for the site andPAPER. the locality for the reasons discussed in this report and meets the aims of the SEPP (Affordable Rental Housing) 2009 which WEBSITE:
include facilitating the delivery of new affordableBUSINESS rental housing. RIVER
45. The proposed development is consideredCOUNCIL to be consistent with the character of the GEORGES locality and the future character envisagedRIVER by the planning controls. The scale and form THE of the development is consistent with newly constructed RFB’s and other affordable VISIT
housing within the immediateGEORGES and wider context of the site. The development also satisfies the objectives of theTHE R3 PLEASE zone which include: OF COPY • To provide for the housingDOCUMENT n eeds of the community within a medium density residential environment. PRINTED A OFFICIAL • To provide a varietyIS of housing types within a medium density residential environment. THE • To enable otherTHIS land uses that provide facilities or services to meet the day to day needs of residents.FOR • To ensure that a high level of residential amenity is achieved and maintained. • To provide for a range of home business activities, where such activities are not likely to adversely affect the surrounding residential amenity.
46. The proposal is well located and is within walking distance of Riverwood. The proposed built form is considered to be a sympathetic and a desirable response for this site in terms of its scale and design intent and will be in keeping with the anticipated development outcome for the precinct.
47. The four (4) storey built form is in keeping with existing residential developments in the immediate locality. The setback to Lawrence Street contains deep soil planting (OSD tank is provided under driveway ramp) and private open space at ground level, with small Juliette balconies at the upper levels to provide casual surveillance of the street and a height that complements the predominant built form of the existing development in the street.
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48. The height and scale of the building is in keeping with the predominant built form of residential flat and affordable housing buildings in Lawrence Street and in the wider
precinct including Gover Street, Trafalgar Street and Peake Parade. As such the 20 proposal satisfies the objectives and intent of Clause 16A. -
Draft State Environmental Planning Policies (SEPPs)
Draft Environment SEPP LPP041 49. 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.
50. 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.WWW.GEORGESRIVER.NSW.GOV.AU 1 – World Heritage Property PAPER. 51. The proposal is consistent with the provisions ofWEBSITE: this Draft Instrument. BUSINESS RIVER Draft Remediation of Land SEPP COUNCIL 52. The Department of Planning and EnvironmentGEORGES has announced a Draft Remediation of RIVER Land SEPP, which will repeal and THE replace the current State Environmental Planning Policy No 55 — Remediation of Land.VISIT GEORGES THE PLEASE 53. The main changes proposedOF include the expansion of categories of remediation work
which requires developmentCOPY consent, a greater involvement of principal certifying authorities particularly inDOCUMENT relation to remediation works that can be carried out without
development consent,PRINTED more comprehensive guidelines for Councils and certifiers and the A OFFICIAL clarification of theIS contamination information to be included on Section 149 Planning THE THIS Certificates. FOR
54. Whilst the proposed SEPP will retain the key operational framework of SEPP 55, it will adopt a more modern approach to the management of contaminated land. The Draft SEPP will not alter or affect the findings in relation to contamination at the site.
55. The site has a history of residential uses and as such, site contamination is not suspected. In this regard, no further assessment is warranted with regard to site contamination.
Environmental Planning Instruments Hurstville Local Environmental Plan 2012 (HLEP 2012)
Zoning 56. The subject site is zoned Zone R3 Medium Density Residential under the provisions of the Hurstville Local Environmental Plan 2012 (HLEP2012). Refer to zoning map below.
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The proposed development is defined as a boarding house which is a permissible land use in the zone.
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Figure 9: Zoning map subject site outlined in blue WWW.GEORGESRIVER.NSW.GOV.AU PAPER. 57. The objectives of the zone are as follows: WEBSITE: BUSINESS RIVER
To provide for the housing needsCOUNCIL of the community within a medium density residential environment. GEORGES RIVER To provide a variety of housingTHE types within a medium density residential environment. VISIT GEORGES
To enable other land usesTHE PLEASE that provide facilities or services to meet the day to day needs of residents. OF
COPY To ensure that a highDOCUMENT level of residential amenity is achieved and maintained. To provide for a range of home business activities, where such activities are not likely PRINTED A OFFICIAL to adversely ISa ffect the surrounding residential amenity. THE THIS 58. The proposal satisfiesFOR the objectives of the R3 Zone as it will provide for the housing needs of the community in a medium density residential environment.
59. The extent to which the proposal complies with the relevant standards of Hurstville Local Environmental Plan 2012 (HLEP2012) is outlined in the table below.
HLEP2012 Compliance Table Clause Standard Proposed Complies 2.2 Zone R3 Medium The proposal is defined as a Yes Density Residential boarding house which is a permissible use within the zone. 2.3 Objectives of the Consistent with zone objectives. Yes Objectives Zone 4.3 – Height 12m as identified The maximum height is No – refer to of Buildings on Height of 13.135m discussion Buildings Map following this
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 20
The building exceeds the table. maximum height permitted, with
the height exceedance equating 20 to only the lift overrun and a - small section of the roof.
A Clause 4.6 Statement has been submitted and is LPP041 addressed in detail later in this report. 4.4 – Floor 1:1 as identified on 1.143:1 complies with the Bonus FSR Space Ratio Floor Space Ratio ARHSEPP. utilised Map pursuant to the SEPP – refer to SEPP compliance table. 4.5 – FSR and site area The FSR has been calculated Yes Calculation calculated in accordingly. of floor accordance with space ratio Cl.4.5 and site area WWW.GEORGESRIVER.NSW.GOV.AU 4.6 – The objectives of The buildingPAPER. exceeds the Refer to the
Exceptions this clause are as maximumWEBSITE: height permitted, this assessment
to follows: heightBUSINESS exceedance relates to following this RIVER Development(a) - to provide an the lift overrun and a small table. Standards appropriate degree COUNCILsection of the roof. GEORGES RIVER of flexibility in THE
applying certain VISIT A Clause 4.6 Statement has development GEORGES been submitted for the height standards toTHE PLEASE variation. OF particular COPY development,DOCUMENT
(b) - toPRINTED achieve better A OFFICIAL outcomesIS for and THE THISfrom development FOR by allowing flexibility in particular circumstances. 5.10 – The objectives of The proposal does not adjoin Yes Heritage this clause are; any environmental heritage item Conservation (i) to conserve the nominated under HLEP 2012. environmental heritage of Kogarah, (ii) to conserve the heritage significance of heritage items and heritage conservation areas,
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 21
including associated fabric,
settings and views. 20 6.1 Acid The objective of The site is not affected by Acid N/A - Sulphate this clause is to Sulfate Soils under HLEP 2012. Soils (ASS) ensure that development does not disturb, expose LPP041 or drain acid sulfate soils and cause environmental damage 6.2 To ensure that The proposed development Yes subject Earthworks earthworks do not includes excavation and to conditions. have a detrimental associated earthworks to impact on accommodate a single level of environmental basement car parking. functions and processes, neighbouring uses, cultural or heritage items or features of WWW.GEORGESRIVER.NSW.GOV.AU
the surrounding PAPER.
land WEBSITE:
BUSINESS RIVER Exception to Development Standards Detailed assessment of variation to ClauseCOUNCIL 4.3 Height of Buildings GEORGES RIVER 60. The objectives of Clause 4.6 are as followsTHE
(a) to provide an appropriate degreeVISIT of flexibility in applying certain development standards to particular development,GEORGES (b) to achieve better outcomesTHE PLEASE for and from development by allowing flexibility in OF particular circumstances. COPY DOCUMENT
61. The proposed developmentPRINTED seeks a variation to the development standard relating to A OFFICIAL height (Clause 4.3).IS The Hurstville Local Environmental Plan 2012 (HLEP) identifies a THE maximum heightTHIS of 12m for the Site and the proposed development will exceed the FOR height by 1.135m which comprises the lift overrun and a small section of roof. The remainder of the building is below the 12m height limit. This height breach amounts to a 9.5% variation of the control.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 22
20 - LPP041
Figure 10: Section plan showing height non-compliance
WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
WEBSITE:
BUSINESS RIVER
COUNCIL GEORGES RIVER THE
VISIT
GEORGES
THE PLEASE OF
COPY DOCUMENT
PRINTED A OFFICIAL IS THE THIS FOR
Figure 11: Height blanket diagram showing height non-compliance
62. Any variation to a statutory control can only be considered under Clause 4.6 – Exceptions to Development Standards of the HLEP. An assessment of the proposed height against the survey plan levels was conducted to indicate the Applicant’s calculations are generally accurate.
63. Clause 4.6(3) states that:
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 23
“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 20 demonstrating: - - that compliance with 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” LPP041
64. To support the non-compliance, the applicant has provided a request for a variation to Clause 4.3 in accordance with Clause 4.6 of HLEP. The Clause 4.6 request for variation is assessed as follows:
Is the planning control in question a development standard? 65. Height of Buildings control under Clause 4.3 of the HLEP 2012 is a development standard. The maximum permissible height is 12m.
What are the underlying objectives of the development standard? 66. The objectives of Height of Buildings standard under Clause 4.3 of HLEP 2012 are:
(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality, WWW.GEORGESRIVER.NSW.GOV.AU
(b) to minimise visual impact, disruption of views,PAPER. loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, WEBSITE:
streets and lanes, BUSINESS (c) to minimise the adverse impact of developmentRIVER on heritage items,
(d) to nominate heights that will provideCOUNCIL a transition in built form and land use intensity, GEORGES (e) to establish maximum buildingRIVER heights that achieve appropriate urban form THE consistent with the major centre status of the Hurstville City Centre, VISIT
(f) to facilitate an appropriateGEORGES transition between the existing character of areas or localities that are not THE undergoing, PLEASE and are not likely to undergo, a substantial transformation, OF COPY (g) to minimise adverseDOCUMENT environmental effects on the use or enjoyment of adjoining properties and the public domain. PRINTED A OFFICIAL IS THE Compliance isTHIS unreasonable or unnecessary in the circumstances of the case (clause 4.6(3)(a))FOR 67. There have been several Court cases that have established provisions to assist in the assessment of Clause 4.6 statements to ensure they are well founded and address the provisions of Clause 4.6. In Wehbe V Pittwater Council (2007) NSW LEC 827 Preston CJ set out ways of establishing that compliance with a development standard is unreasonable or unnecessary.
68. Preston CJ in the judgement then expressed the view that there are 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, as follows (with emphasis placed on number 1 for the purposes of this Clause 4.6 variation:
1. The objectives of the standard are achieved notwithstanding non-compliance with the standard; 2. The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 24
3. The underlying object or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;
4. The development standard has been virtually abandoned or destroyed by the 20 Council's own actions in granting consents departing from the standard and hence - compliance with the standard is unnecessary and unreasonable; 5. The zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard that would be LPP041 unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone.
69. The Clause 4.6 Statement was prepared in consideration of the recent court cases and their judgements.
70. Applicants comment: “When considering whether strict compliance with a development standard is reasonable and/or necessary, the consent authority must consider the nature of the proposed variation, the site-specific context and the design of the proposed development. In this instance it is considered unnecessary to require strict compliance with the standard as:
• the particular context and circumstances of the site and arrangement of the plan that provides a better outcome. WWW.GEORGESRIVER.NSW.GOV.AU
• the proposal achieves the objectives of thePAPER. standard and the zone notwithstanding the non-compliance WEBSITE:
BUSINESS CONTEXT RIVER
In utilising the bonus incentive provisionsCOUNCIL of the SEPP Affordable Rental Housing it is GEORGES anticipated that in the provision of RIVERaffordable housing under the SEPP that parts of the THE development may exceed controls intended for traditional medium density residential VISIT
development identified in the LEPGEORGES and DCP. There is an indicator to this effect in clause 29(4) of the SEPP. This is inTHE partPLEASE because the height controls were calibrated assuming the FSR permissible underOF HLEP. COPY DOCUMENT The site has a significant slope along the length; this provides particular site specific PRINTED A OFFICIAL circumstance contributesIS to the challenge of keeping the full building below the height THE limit. The proposedTHIS development has responded to this step by carefully managing the levels to provideFOR accessible path of travel, minimise impacts and keep the majority of the development below the height limit.
The only potion of the building that exceeds the height limit is the lift overrun and a small portion of the roof around the lift area. The overall height and view from the street is comparable to other recent development in the vicinity.
Georges River have an established practice of providing consent to development where the lift over run exceeds the height limit. This proposal is no different to other consents issued previously.
CONSISTENT WITH OBJECTIVES OF THE ZONE The site is located within Zone R3 - Medium Density Residential. The relevant objectives of the zone are:
• To provide for the housing needs of the community within a medium density residential environment.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 25
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day 20 needs of residents. - • To ensure that a high level of residential amenity is achieved and maintained.
Despite the non-compliance the proposal the development remains of a scale compatible with a built form expected in a medium density environment. This is demonstrated by the LPP041 height being consistent with the adjacent residential flat buildings.
The development enables a different form of housing than the dominant apartment types that are provided in the area contributing to housing diversity. In providing for this ‘boarding house’ style accommodation it meets the objective of the zone in that it contributes to a diverse range of housing in the area meeting the needs of the community. This is in the public interest.
The proposed development retains a high level of amenity for the neighbouring properties and provides a high level of amenity for the future occupants. This is demonstrated through the accompanying application documents.
CONSISTENT WITH OBJECTIVES OF CLAUSE 4.3 Despite the non-compliance with the development standard the proposed development is WWW.GEORGESRIVER.NSW.GOV.AU
consistent with the objectives of cl. 4.3 In particular:PAPER.
WEBSITE:
(a) to ensure that buildings are compatibleBUSINESS with the height, bulk and scale of the existing and desired future character of the locality,RIVER
(b) to minimise visual impact, disruptionCOUNCIL of views, loss of privacy and loss of solar access GEORGES to existing development and toRIVER public areas and public domain, including parks, THE streets and lanes, VISIT
(c) - GEORGES (d) to nominate heights thatTHE will PLEASE provide a transition in built form and land use intensity, (e) – OF COPY (f) to facilitate an appropriateDOCUMENT transition between the existing character of areas or localities that are not undergoing, and are not likely to undergo, a substantial PRINTED A OFFICIAL transformation,IS THE (g) to minimiseTHIS adverse environmental effects on the use or enjoyment of adjoining properties andFOR the public domain.
The proposal is consistent with these objectives in that: - The height increase is not perceived from the majority of the public domain – particularly when compared with the adjacent development that has a greater height. - The height exceedance is located towards the centre of the building/site. - The development provides diversity in the scale of development by providing a smaller scale site development in an area defined by larger developments. - The difference in the extent of impact between a development that achieves strict numerical compliance would not materially alter the overshadowing, privacy or visual impacts on adjoining properties.
The public interest is maintained even though the standard is varied as the development achieves the housing diversity desired by the objectives of the clause in a form and height of building that is compatible with the adjacent context.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 26
The site slope, incorporation of the bonus floor space provided under the SEPP and consistency of the development with the objectives of both the zone and the development
standard support justification of the contravention of the height standard an that it is 20 unnecessary and unreasonable to require strict compliance.” -
Clause 4.6(3)(b) are there sufficient environmental planning grounds to justify contravening the standard 71. Having regard to Clause 4.6(3)(b) and the need to demonstrate that there are sufficient LPP041 environmental planning grounds to justify contravening the development standard, it is considered that there is an absence of any negative impacts of the proposed non- compliance on the environmental quality of the locality and amenity of adjoining properties in terms of overshadowing, overlooking or view loss.
72. Applicants Comment: “Site context Site context is a key consideration when determining the appropriateness and necessity of a development standard. Lawrence Street is undergoing a period of change from the single storey dwelling house to 4 storey multi dwelling housing – generally comprising residential flat buildings with basement car parking. From the street, the height non- compliance is imperceptible as the proposed building lift overrun and part of roof is located away from the street frontage.
WWW.GEORGESRIVER.NSW.GOV.AU
The site has a fall from the front to the rear – PAPER.resulting in approximately a 2.66m level difference across the site. The ground floor plate is set lower than the street which allows WEBSITE:
for the development to step with the topographyBUSINESS of the site but is also constrained by the length of the basement parking ramp. If the RIVERbuilding was to be lowered for the lift overrun
to comply with height, the basementCOUNCIL would have non-compliant – ramp grades and GEORGES number of car parking. RIVER THE
VISIT
While the development standardGEORGES in the LEP apply to medium density development contemplated by the LEP, itTHE does PLEASE not expressly contemplate medium density residential development containing OF affordable rental housing with the additional floor space COPY incentives intended to encourageDOCUMENT such housing. As is common in many LEP’s the height and FSR in the LEP have been calibrated to work with each other. PRINTED A OFFICIAL IS THE Impacts THIS The height non-complianceFOR does not result in additional overshadowing impacts. The additional height caused by the lift overrun and part of roof does not overshadow any neighbouring windows or private open space during mid-winter,
Amenity improvements A boarding house is only required to have a floor to ceiling height of 2.4m. This could conceivably be accommodated within a 2.75-2.8m floor to floor height. The proposal provides for a 2.876-2.962m floor to floor height. This will enable a ceiling height of at least 2.55-2.6m ceiling height providing improved amenity for the future occupants.
Over the five floors this contributes to an additional approx. 700mm height – a significant proportion of the non-compliance.”
Clause 4.6(4)(a)(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
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73. Clause 4.6(4) states that:
“Development consent must not be granted for development that contravenes a 20 development standard unless: -
(a) the consent authority is satisfied that:
(i) the applicant’s written request has adequately addressed the matters required LPP041 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,”
74. Applicants Comment: “It is considered that compliance with the standard is unnecessary in these particular circumstances as
- the proposed development is consistent with the objectives of the zone - the proposed development is consistent with the objectives of the standard - is compatible with the height of the adjacent development – such that the height non- compliance is generally imperceptible from the public domain - the additional floor space contained in the height allows for the housing diversity through the provision of a different dwelling type and the provision of affordable rental WWW.GEORGESRIVER.NSW.GOV.AU
housing. PAPER. - an improved amenity outcome is achieved through providing ceiling heights that are WEBSITE:
higher than the minimum standard withoutBUSINESS undue diminution in the amenity of surrounding development. RIVER
COUNCIL GEORGES Approval for the minor departure fromRIVER the development standard will not be detrimental THE to the surrounding area and results in the housing diversity intended by both the VISIT
objectives of the zone and theGEORGES Affordable Rental Housing SEPP.”
THE PLEASE 75. The proposal meets the objectivesOF of the standard as follows:
COPY (a) to ensure that buildingsDOCUMENT are compatible with the height, bulk and scale of the existing PRINTED and desired futureA OFFICIAL character of the locality, IS 76. Officer Comment:THE The site and surrounding land is zoned R3 with a height limit of 12m. THIS The proposal isFOR consistent with the existing and desired future of the locality in terms of scale and height.
(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, 77. Officer Comment: This objective relates to considering the amenity impacts associated with the non-compliance. In terms of visual impact the structure is centrally located which reduces its visual appearance from the immediately adjoining streetscapes.
78. The objective seeks to “minimise” the visual impact, it is not requiring it to be eliminated or totally negated, and as such seeing the structure is not a reason for refusal, it’s the impact of the visual interference of this structure that is to be controlled. The breach relates to a small scale ancillary structure which will not be highly visible or an intrusive element given the scale and proportions of the building. It will not be visible from immediately adjoining properties or the streetscapes given that it is centrally located.
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There will be no adverse impacts in terms of overshadowing or overlooking to adjoining properties from the part of the building where the height is exceeded.
20 (c) to minimise the adverse impact of development on heritage items, - 79. Officer Comment: The proposal will not impact on any items of heritage significance.
(d) to nominate heights that will provide a transition in built form and land use intensity, 80. Officer Comment: The site and surrounding land is zoned R3 with a height limit of 12m. LPP041 The proposal is consistent with the existing and desired future of the locality in terms of scale and height.
(e) to establish maximum building heights that achieve appropriate urban form consistent with the major centre status of the Hurstville City Centre, 81. Officer Comment: This objective is not relevant to the subject site.
(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, 82. Officer Comment: The site and surrounding land is zoned R3 with a height limit of 12m. The proposal is consistent with the existing and desired future character of the locality in terms of scale and height.
WWW.GEORGESRIVER.NSW.GOV.AU
(g) to minimise adverse environmental effects onPAPER. the use or enjoyment of adjoining properties and the public domain. WEBSITE:
83. Officer Comment: There will be no adverseBUSINESS impacts in terms of overshadowing or overlooking to adjoining properties or the publicRIVER domain from the encroaching element as
the roof area does not contain any useableCOUNCIL areas. GEORGES RIVER THE 84. The exceedance of the control generally satisfies the objectives of the zone for the VISIT
following reasons: GEORGES THE PLEASE To provide for the housingOF needs of the community within a medium density COPY residential environment.DOCUMENT 85. The development is providing for the housing needs within a medium density residential PRINTED A OFFICIAL environment withIS nineteen (19) boarding rooms provided. THE THIS To provideFOR a variety of housing types within a medium density residential environment. 86. The development incorporates adaptable rooms within the nineteen (19) boarding rooms proposed.
To enable other land uses that provide facilities or services to meet the day to day needs of residents. 87. The development is residential in nature and does not include any additional land uses. This objective is offering some greater flexibility in the provision of land uses within this zone and is not a mandatory requirement.
To ensure that a high level of residential amenity is achieved and maintained. 88. The boarding rooms achieve a high level of residential amenity through natural ventilation and solar access. The height non-compliance will not result in unreasonable impacts on neighbouring properties in relation to privacy, overshadowing, visual or acoustic impacts.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 29
To provide for a range of home business activities, where such activities are not likely to adversely affect the surrounding residential amenity.
89. The proposal does not preclude the use of the boarding rooms for small home 20 businesses. -
90. The area of non-compliance is considered to be reasonable and will not establish an undesirable precedent. It will not have any adverse impacts on the surrounding locality, which is emerging which is characterised by residential development of comparable LPP041 character. The proposal promotes the economic use and development of the land consistent with its zone and purpose. The Panel is requested to invoke its powers under Clause 4.6 to permit the variation proposed.
91. The public benefit of the variation is that it will appropriately facilitate the provision of medium density housing on a R3 zoned site and provide for a range of housing stock. It is noted that in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ clarified what items a Clause 4.6 does and does not need to satisfy. Importantly, there does not need to be a "better" planning outcome resulting from the non-compliance.
92. The second matter was in cl 4.6(3)(b), where the Commissioner applied the wrong test in considering this matter by requiring that the development, which contravened the height development standard, result in a "better environmental planning outcome for the site" WWW.GEORGESRIVER.NSW.GOV.AU
relative to a development that complies with thePAPER. height development standard (in [141] and [142] of the judgment). Clause 4.6 does not directly or indirectly establish this test. WEBSITE:
The requirement in cl 4.6(3)(b) is that thereBUSINESS are sufficient environmental planning grounds to justify contravening the development RIVER standard, not that the development that contravenes the development standardCOUNCIL have a better environmental planning outcome GEORGES than a development that complies withRIVER the development standard. THE
VISIT 93. The shadow diagrams submittedGEORGES with the architectural plans demonstrate the non- compliance does not result inTHE anyPLEASE additional shadow beyond a compliant built form due to the central location of the liftOF overrun and the shadow being cast from the topmost wall on COPY the south western elevationDOCUMENT of the building.
PRINTED A OFFICIAL 94. In this case the IS proposal seeks to establish the preferred and appropriate design and THE built form outcomeTHIS for this site with the building complying in large with the height standard. ThereFOR will be no adverse amenity or visual impacts generated by the variation and the proposal satisfies the objectives of the zone and the development standard. In this case the justification to vary the height control is considered to be a reasonable and well-founded request.
Clause 4.6(b) the concurrence of the Secretary has been obtained. 95. Concurrence from the Secretary has been obtained and can be assumed in this case.
96. It is considered that the Clause 4.6 Statement lodged with the application addresses all the information required pursuant to Clause 4.6 and the statement is considered to be well founded as there are sufficient environmental planning grounds to justify contravening the standard given that in this case the proposal satisfies the objectives of the zone and development standard (Clause 4.3, building height control).
Draft Georges River Local Environmental Plan 2020
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 30
97. In relation to this development site the zoning is proposed to change from R3 Medium Density Residential to R4 High Density Residential. The height and floor space ratio are
unchanged. 20 - 98. Consideration is given to the provisions of Draft Georges River Local Environmental Plan 2020 in the assessment this application.
99. In this regard, the provisions have no determining weight as a result of proposed LPP041 operation of Clause “1.8A Savings provisions relating to development applications” of the Draft Plan which provides “If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.”
Development Control Plan 100. Boarding houses do not have any DCP specific controls for assessment, as a result the assessment criterion in Chapter 4.1 of the HDCP No. 1 for residential flat buildings for areas of assessment not covered by the SEPP have been used as a guide for assessment given the predominance of the surrounding development is residential flat buildings and streetscape consistency is of relevance.
Hurstville DCP No. 1 Compliance Table – Chapter 4.1 WWW.GEORGESRIVER.NSW.GOV.AU
Control ProposalPAPER. Complies
Setbacks and building separation WEBSITE:
DS6.1 The minimum setback to a TheBUSINESS b uilding is setback Supported on primary or secondary street is 6m. betweenRIVER 5.689m and 6.41m merit – refer COUNCILfrom Lawrence Street. to comments GEORGES Note: Setbacks to the side and rearRIVER below. THE boundary and building separations are VISIT to be provided in accordanceGEORGES with the design criteria in the VisualTHE Privacy PLEASE section of the Apartment DesignOF Guide COPY (ADG). DOCUMENT
PRINTED A OFFICIAL DS6.2 An articulationIS zone allowing for The building does not propose Yes THE lightweight elementsTHIS such as eaves, these elements in the sun-hoods, bladeFOR walls, battens and articulation zone. the like may intrude up to 1m within a road boundary setback for a maximum of 25% of the horizontal distance of the total facade. Comments on front setback The proposed setback of the development to Lawrence Street is supported despite the minor numerical non-compliance for part of the building. The angle of the front boundary in relation to the side boundaries is uneven and results in the south western corner of the building encroaching the 6m setback by up to a maximum of 300mm at Levels 1, 2 and 3. The ground floor complies with the 6m setback as front courtyards are partly recessed below Level 1.
This minor numerical non-compliance will not adversely impact the streetscape or neighbouring properties. The area of encroachment is over the driveway ramp and will therefore not reduce opportunity for landscaping in the front setback.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 31
Landscaped open space DS8.1. The minimum amount of 19% (119sqm). Minor non-
landscaped open space is 20% of the compliance 20 site area. supported on - merit
DS8.2. The minimum dimension of Landscaping consists on a mix Acceptable landscaped open space is 2m in any of deep soil and planter boxes. LPP041 direction.
DS8.3. Landscaping between the front Suitable deep soil landscaping Yes of buildings and the street boundary is proposed in the front achieves a balance between reducing setback. The OSD tank is the visual impact of building when located under the driveway viewed from the street and facilitating ramp not impacting the passive casual surveillance of the landscaping. street.
DS8.4. A development application is to The landscape plan submitted Yes be supported by a landscape plan with the DA has been reviewed prepared by a qualified person by Council’s Consultant addressing the performance criteria arborist and is satisfactory. WWW.GEORGESRIVER.NSW.GOV.AU
and design solutions and in particular PAPER. addressing areas of communal open WEBSITE:
space and areas that are visible from BUSINESS the street. RIVER Solar Access COUNCIL GEORGES DS9.1. Development allows for at RIVERleast Neighbouring properties will Yes THE 3 hours of sunlight on the windows of continue to receive at least 3 VISIT main living areas and adjoiningGEORGES hours of sunlight to their principal private open spaceTHE ofPLEASE private open space and living adjacent dwellings betweenOF 9.00 am area windows. COPY and 3.00 pm on 22 June.DOCUMENT
PRINTED A OFFICIAL Note 1: developmentIS applications are THE to be supportedTHIS by shadow diagrams demonstrating FORcompliance with this design solution.
Note 2: Exemptions will be considered for developments that comply with all other requirements but are located on sites with an east-west orientation. Noise DS10.1. Windows of adjacent All windows of the proposed Yes dwellings are separated by a distance rooms are located a minimum of at least 3m Note: this can be of 3m from the side achieved by an offset. boundaries.
DS10.2. Site layout separates active The proposal is suitably design Yes recreation areas, parking areas, to avoid conflict between active vehicle access-ways and service areas and bedrooms.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 32
equipment areas from bedroom areas.
DS10.3. Dwellings are designed so The site is not affected by any Yes 20 that the internal noise level from external noise sources. - outside sources does not exceed the parameters established by the NSW Environment Protection Authority (EPA). LPP041
DS10.4. Habitable rooms located Not applicable. N/A within 60m of a railway or facing a classified major road satisfy the acoustic criteria contained within the NSW Government’s Development Near Rail Corridors and Busy Roads – Interim Guideline (2008), or the most recent version
DS10.5. Where development is likely Not applicable. N/A to be subject to noise from a railway line, arterial or state road or Sydney airport flight path, council may require WWW.GEORGESRIVER.NSW.GOV.AU
the submission of a report prepared by PAPER. a qualified acoustic engineer to WEBSITE:
demonstrate that internal noise levels BUSINESS will be acceptable. RIVER Streetscape COUNCIL GEORGES DS11.1. Development on corner sitesRIVER The site is not located on a N/A THE addresses both street frontages and corner. VISIT provides opportunities for passiveGEORGES casual surveillance of the publicTHE PLEASE domain from main living areasOF and COPY principal private open spaceDOCUMENT through the use of large transparent windows PRINTED A OFFICIAL and other openings.IS THE THIS Note: Large expansesFOR of blank, unarticulated walls on any street frontage is not supported.
DS11.2. In more urban streetscapes, The site is not located on a N/A development emphasises corners by corner. increased scale or massing treatments compared to the remainder of the building. Note: compliance with maximum building height under the LEP must be achieved in these situations.
DS11.3. Roofs: A flat roof is proposed which is Yes a. have a pitch of up to 350 , or up to consistent with more recent 450 where an attic is involved construction in the area. b. provide a varied shape with hips,
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 33
gables or other forms c. mark the entrance to a building by
the use of a porch, portico or similar 20 element. -
DS11.4. The maximum internal width Not proposed. N/A of dormer windows is 2m. LPP041 DS11.5. To reduce the appearance of The front façade of the building Yes building bulk and provide visual is articulated by balconies and interest through articulation, maximum a mix of finishes and materials. wall length in one plane is 6m at the No wall exceeds 6m in length street frontage without articulation.
Note: Lengths greater than this may be acceptable where the elevation incorporates visually significant changes in massing and form and the use of articulation such as recesses, projections, balconies, blade walls and similar Stormwater Council’s Development Yes, by WWW.GEORGESRIVER.NSW.GOV.AU
EngineerPAPER. has recommended a condition DS12.1. Stormwater management is in deferred commencement WEBSITE:
accordance with section 3.7 of this conditionBUSINESS in relation to DCP. acquiringRIVER an easement to drain COUNCILwater to the rear of the site, GEORGES RIVER through a downstream THE property to Gover Street. VISIT GEORGES DEVELOPER CONTRIBUTIONS THE PLEASE 101. The proposed developmentOF requires payment of developer contributions under Section COPY 7.12 of the EnvironmentalDOCUMENT Planning and Assessment Act 1979. The required contribution is 1% of the development cost, which equates to $39,183.63. PRINTED A OFFICIAL IS THE IMPACTS THIS Natural EnvironmentFOR 102.The proposed development will not adversely affect the natural environment subject to the site being planted with replacement trees as shown on the approved landscape plan. The removal of existing trees has been reviewed by Council’s Consultant Arborist and is deemed acceptable.
103.The proposal includes excavation that has been assessed as being reasonable in the context of the site and consistent with the extent of excavation expected in an R3 Medium Density Residential area that has seen uplift in building height and FSR, i.e. to permit construction of basement car parking. Excavation impacts will be managed with standard conditions of consent which have been recommended to be imposed to protect the environment with respect to contamination and impact onto adjoining allotments and the public domain.
Built Environment
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 34
104.The proposal represents a good planning outcome for the site with respect to its bulk, scale and density, façade articulation and expression and is an appropriate response to
the context of the site and its R3 Medium Density Residential zoning. 20 - Social Impact 105. No adverse social impacts have been identified as part of the assessment. The proposed development, in principle, will cater for a cross-section of the community and will assist with providing for additional housing in the area. The construction of a LPP041 boarding house on the site is consistent with the residential zoning of the land.
Economic Impact 106.There is no apparent adverse economic impact that is likely to result within the locality due to the construction of a boarding house. It is likely there will be a small positive economic impact as a result of the construction of the development.
Suitability of the site 107. The site is zoned R3 – Medium Density Residential. The proposal is a permissible form of development in this zone and has been designed to reflect the context of the area as it evolves and exists. This immediate precinct is going through a process of change and transition and the proposal is in line with the intentions of Council’s zoning of this area.
SUBMISSIONS AND THE PUBLIC INTEREST WWW.GEORGESRIVER.NSW.GOV.AU
108. The application was neighbour notified in accordancePAPER. with Hurstville DCP No. 1 between 22 January and 19 February 2020. A total of thirty one (31) submissions were received WEBSITE:
as a result of the notification period. In summaryBUSINESS the following issues and concerns were raised. RIVER
COUNCIL GEORGES The development is out of character RIVERfor a single lot THE 109. Comment: There is no minimum lot width control applicable to boarding houses as there is VISIT
for residential flat buildings. TheGEORGES four (4) storey built form is in keeping with existing residential developments inTHE thePLEASE immediate locality. The setback to Lawrence Street contains deep soil plantingOF (the OSD basin is under the driveway ramp) and private open COPY space at ground level, withDOCUMENT small Juliette balconies at the upper levels to provide casual surveillance to the street and a height that complements the predominant built form of PRINTED A OFFICIAL existing developmentIS in the street. THE THIS The developmentFOR creates isolated lots 110. Comment: There is no requirement for adjoining lots to be acquired as a minimum lot width control does not apply to boarding houses as there is for residential flat buildings. The lots adjoining are of a similar size and a development consistent with this application could be accommodated in the future.
The building will overshadow neighbouring properties 111. Comment: In accordance with the DCP control, the proposal ensures a minimum of 3 hours sunlight is retained to the living area windows and private open space areas of adjoining properties in midwinter. The uplift in this area would ultimately result in additional overshadowing, however provisions are in place so an acceptable level of sunlight is afforded to the impacted allotments in accordance with the design criterion.
The development will result in increased pressure on street parking 112. Comment: The proposal is one (1) space short of the required eleven (11) car parking spaces. A condition has been recommended for the deletion of Room 303 from Level 3 to ensure compliance with the minimum car parking criterion. The removal of this unit will be
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 35
replaced with roofing to level 2 consistent with the remainder of the development. This roofing will be non-trafficable.
20 The elevations are incorrectly labelled - 113. Comment: Amended plans were submitted with the correct elevation labels.
Privacy impacts from stair windows and bay windows 114. Comment: A condition of consent has been recommended for the stair well windows (which LPP041 are fixed glass windows unable to be opened) to be frosted glass. The bay windows referred to in the submission appear to be a reference to the void windows. These are glass louvres for light and ventilation and the condition also requires the glass to be obscure and the louvres to be fixed at an upward angle to prevent a downward line of sight.
Noise and light pollution on neighbouring properties 115. Comment: A Plan of Management has been prepared for the operation of the boarding house, including use of the communal indoor and outdoor areas to limit the number of people using the area at any one (1) time, and limiting the hours of use of the communal areas.
116. A boarding house, as a residential use, is not expected to result in unreasonable noise or light impacts to adjoining properties that is indifferent to that generated by a residential flat building. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. Height non-compliance is not justified WEBSITE:
117. Comment: An assessment of the height variationBUSINESS was undertaken as part of this assessment of the application and the height non-complianceRIVER is considered justified as the non-compliant
section of the building (the lift overrun andCOUNCIL part of the roof) meets the objectives of the zone GEORGES and the building height developmentRIVER standard therefore not resulting in unreasonable THE impacts on neighbouring properties. VISIT
GEORGES Excessive bulk and scale dueTHE to PLEASE lot width 118. Comment: The proposed builtOF form is considered acceptable for the size of the allotment. COPY The floor space is well belowDOCUMENT the maximum floor space permitted for any development on the site and the built form incorporates setbacks to side boundaries to provide an acceptable PRINTED A OFFICIAL level of separationIS from adjoining buildings. THE THIS Impacts on the FOR health and safety of the community due to proposed use as a boarding house 119. Comment: This matter is not a planning consideration pertinent to the assessment of the subject application.
The proposal will reduce property values 120. Comment: Property values are not a consideration under the Environmental Planning Assessment Act 1979.
REFERRALS Council Referrals Development Engineer 121. The application was referred to Council’s Development Engineers Services for comment. A deferred commencement condition has been recommended for the acquisition of an easement to drain water to the rear of the site, through a downstream allotment to Gover Street.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 36
Traffic Engineer 122. The application was referred to Council’s Traffic Engineer for comment. The proposed
car parking and access arrangements are considered to be compliant with Council’s 20 controls and are satisfactory. Standard conditions are included to ensure compliance will - be achieved with Australian Standards during and after construction.
Environmental Health Officer 123. Council’s Environmental Health Officer has raised no objection subject to conditions of LPP041 consent being imposed if approval is granted.
Building Surveyor 124. Council’s Building Surveyor has raised no objection subject to conditions of consent being imposed if approval is granted.
Consulting Arborist 125. Council’s Consulting Arborist has raised no objection subject to conditions of consent being imposed if approval is granted.
External Referrals Ausgrid 126. The application was referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. No objection was raised by Ausgrid. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. CONCLUSION WEBSITE:
127. The proposal has been assessed using theBUSINESS matters for consideration listed in Section 4.15 of the Environmental Planning andRIVER Assessment Act 1979. The proposal is
considered to be a reasonable intensificationCOUNCIL of site and the proposed additional scale, GEORGES bulk and height is considered to beRIVER an acceptable planning and design outcome for this THE site and will be consistent with the existing and desired future character of development VISIT
in the R3 zoned land in this locationGEORGES and immediate locality. THE PLEASE 128. The proposal has beenOF assessed against the provisions of the relevant State COPY Environmental Planning DOCUMENTPolicies, Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No. 1. The proposal satisfies the key planning controls in the PRINTED A OFFICIAL Local EnvironmentalIS Plan apart from exceeding the height limit. A Clause 4.6 Statement THE has been submittedTHIS with the application justifying the variation in this case. FOR 129. The proposed development design satisfies the objectives of both the height control and the zone and the Clause 4.6 Statement is considered to be well founded as there will not be any direct or adverse environmental impacts generated, the proposal satisfies the requirements of Clause 4.6 of the HLEP.
DETERMINATION AND STATEMENT OF REASONS 130. The reasons for this recommendation are: The proposal is an appropriate response to the zoning of the site. The proposed development complies with the requirements of the relevant environmental planning instruments and development control plan except in the height of the development which is considered acceptable having regard to the justification provided in the report above. In this case the Clause 4.6 Statement is considered to be well founded and the non- compliance with the height control is reasonable in the circumstances of the case.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 37
The proposed design has been sensitively considered to be consistent with the existing and desired future character for development in this area.
The proposal has effective façade modulation and wall articulation that will serve to 20 provide visual interest and reduce the bulk of the building. - The proposal aims to provide a high-quality building that will establish a positive urban design outcome.
LPP041 131. THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979, as amended, the Georges River Local Planning Panel, grants development consent to Development Application DA2019/0626 for tree removal, demolition of existing structures and construction of a four storey boarding house with basement car parking and associated landscaping and site works on Lot 204 in DP 36317 known as 58 Lawrence Street, Peakhurst, subject to the following conditions of consent:
This Development Application is a Deferred Commencement Consent under Section 4.16(3) of the Environmental Planning and Assessment Act (as amended) 1979. Strict compliance is required with all conditions appearing in Section A within thirty six (36) months from the Determination Date of this consent. Upon confirmation in writing from Georges River Council that the Section A Conditions have been satisfied, the consent shall commence to operate as a Development Consent for a period of five (5) years from the Determination Date of this consent.
WWW.GEORGESRIVER.NSW.GOV.AU Pursuant to Section 4.16(3) of the EnvironmentalPAPER. Planning and Assessment Act 1979,
this consent will not operate until the following requirementsWEBSITE: are satisfied:
BUSINESS SECTION A – DEFERRED COMMENCEMENT CONDITIONSRIVER COUNCIL GEORGES RIVER Deferred Commencement Conditions THE
VISIT A. Deferred Commencement - PursuantGEORGES to Section 4.16(3) of the Environmental Planning and Assessment Act 1979THE
(a) The applicant PRINTED must acquire an Easement to Drain Water of 1 metre (minimum) A OFFICIAL width. The IS easement must allow for a piped, gravity fed system of drainage of THE stormwaterTHIS from the subject site with direct, underground connection to a proposed extended kerbFOR inlet pit in Gover Street with outlet pipe (375mm diameter (min.)) to be constructed that will extend to Council’s drainage system, with all costs borne by the developer.
Evidence of registration of the easement to drain water benefitting the subject site and burdening the title of the property on which the easement is located is to be provided to Council.
(b) The applicant must obtain separate Development Consent for all drainage works to be carried out within the Easement to Drain Water. The written consent of each of the owners of the property/ies burdened by the Easement will be required for each development application to carry out the drainage works on the burdened lot/s.
(c) The following design changes are to be made and approved by Council:
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 38
i. To bring the proposal into compliance with the minimum parking controls, Room 303 on Level 3 of the development is to be deleted. The removal of this
room is to be replaced with roofing over level two (2) to be consistent with the 20 remainder of the development in style, form and finish. This roof area is to be - non-trafficable.
Documentary evidence as requested or the above information must be submitted within 36 months of the granting of this deferred commencement consent. Commencement of LPP041 the approval cannot commence until written approval of the submitted information has been given by Council.
Subject to A above being satisfied, a development consent be issued subject to the following conditions:
SECTION B – GENERAL DEVELOPMENT CONDITIONS
Development Details
1. Approved Plans - The development must 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: WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. Description Reference No. Date Revision Prepared by WEBSITE:
Site Plan 19_061 DA-A-010 11/8/20BUSINESS A Smith & RIVER Tzannes Level C1 19_061 DA-A-100COUNCIL 6/7/20 C Smith & GEORGES RIVER THE Tzannes
Level 0 (Ground) 19_061 DA-A-VISIT101 1/7/20 C Smith & GEORGES Tzannes Level 1 19_061 THEDA PLEASE-A- 102 9/7/20 A Smith & OF Tzannes COPY Level 2 19_061DOCUMENT DA -A-103 9/7/20 A Smith &
PRINTED Tzannes A OFFICIAL Level 3 IS 19_061 DA-A-104 9/7/20 A Smith & THE THIS FOR Tzannes Roof 19_061 DA-A-105 9/7/20 A Smith & Tzannes South Elevation 19_061 DA-A-200 9/7/20 C Smith & Tzannes North Elevation 19_061 DA-A-201 11/8/20 C Smith & Tzannes East Elevation 19_061 DA-A-202 9/7/20 B Smith & Tzannes West Elevation 19_061 DA-A-203 9/7/20 B Smith & Tzannes Section A 19_061 DA-A-204 6/7/20 C Smith & Tzannes
Separate Approvals Required Under Other Legislation
2. Vehicular Crossing - Major Development - The following vehicular crossing and road
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 39
frontage works will be required to facilitate access to and from the proposed development site:
20 (a) Construct a 1.5m wide footpath for the full length of the frontage of the site in - Lawrence Street in accordance with Council’s Specifications applying at the time construction approval is sought. (b) The thickness and design of the driveway shall be in accordance with Council’s Specifications applying at the time construction approval is sought. LPP041 (c) Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant. The work shall be carried out in accordance with Council’s specification, applying at the time construction approval is sought. Constructing a vehicular crossing and/or footpath requires separate approval under Section 138 of the Roads Act 1993
3. Section 138 Application to Extend Council’s Drainage System - A drainage application under Section 138 of the Roads Act 1993 must be submitted to Council, and evidence of approval provided to the Certifying Authority, for the extension of Council’s drainage system in Gover Street, with the Application for a Construction Certificate. The works will include the laying of a 375mm (min.) diameter pipeline terminating in an extended kerb inlet pit in the vicinity of Nos. 49 and 51-55 Gover Street properties to WWW.GEORGESRIVER.NSW.GOV.AU
provide an underground outlet for all stormwaterPAPER. runoff from the subject development site. WEBSITE:
BUSINESS 4. Below ground anchors - Information to RIVER be submitted with S68 Application under
LGA 1993 and S138 Application underCOUNCIL Roads Act 1993 - In the event that the GEORGES excavation associated with the basementRIVER carpark is to be supported by the use of below THE ground (cable) anchors that are constructed under Council’s roadways/footways, an VISIT
application must be lodged withGEORGES Council under Section 68 of the Local Government Act 1993
PRINTED A OFFICIAL a) That cable IS anchors will be stressed released when the building extends above THE ground levelTHIS to the satisfaction of Council. b) The applicantFOR 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 [$50,000]. 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.
5. Section 138 Roads Act 1993 and Section 68 Local Government Act 1993 - Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 40
Separate approval is required under Section 138 of the Roads Act 1993 and/or Section
68 of the Local Government Act 1993 for any of the following activities carried out in, on 20 or over a public road (including the footpath) listed below. -
An application is required to be lodged and approved prior to the commencement of any of the following works or activities; LPP041 (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; WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. (h) Establishing a “works zone”; WEBSITE:
BUSINESS (i) Digging up or disturbing the surface ofRIVER a public road (eg Opening the road for the
purpose of connections to utility providers);COUNCIL GEORGES RIVER THE (j) Stormwater and ancillary works in the road reserve; VISIT
GEORGES (k) Stormwater and ancillaryTHE PLEASEto public infrastructure on private land; and OF COPY (l) If any excavation isDOCUMENT to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways. PRINTED A OFFICIAL IS THE These separateTHIS activity approvals must be obtained and evidence of the approval provided to the FORCertifying 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.
6. Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the RMS, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.
Requirements of Concurrence, Integrated & Other Government Authorities
7. Electricity Supply - An application is required to be made to Ausgrid for a network connection. This may require the network to be extended or its capacity augmented. Evidence of this application being lodged with Ausgrid is required to be provided to the
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 41
Certifying Authority prior to the issue of a Construction Certificate. For further details, you are advised to contact Ausgrid on 13 13 65 or www.ausgrid.com.au (Business and
Commercial Services). 20 - 8. Connection to the network will be required prior to the release of any Occupation Certificate - Where works within the road reserve are to be carried out by the developer, a Road Opening Permit must be obtained from Council's Customer Service Centre before commencement of work. LPP041
9. Electricity Supply to Development - The electricity supply to the Development must be underground.
10. Sydney Water - Tap in TM - The approved plans must be submitted to a Sydney Water Tap inTM to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately endorsed. For details please refer to ‘Plumbing, building and developing’ section of Sydney Water’s web site at www.sydneywater.com.au then see ‘Building’, or telephone 13000 TAP IN (1300 082 746). The Certifying Authority must ensure that a Tap inTM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.
11. Notice of Requirements for a Section 73 Certificate - A Notice of Requirements of WWW.GEORGESRIVER.NSW.GOV.AU
what will eventually be required when issuing a PAPER.Section 73 Compliance Certificate under the Sydney Water Act 1994
Sydney Water Corporation. Application BUSINESS must be made through an authorised Water Servicing Co-ordinator. Please refer to the ‘Plumbing,RIVER building and developing’ section of
the web site www.sydneywater.com.auCOUNCIL
VISIT
Following application, a ‘NoticeGEORGES of Requirements’ will advise of water and sewer infrastructure to be built andTHE charges PLEASE to be paid. Please make early contact with the Co- ordinator, as it can take someOF time to build water/sewer pipes and this may impact on COPY other services and building,DOCUMENT driveway or landscape design.
PRINTED A OFFICIAL The Notice of requirementsIS must be submitted prior to the commencement of work. A THE Section 73 ComplianceTHIS Certificate will be required at the completion of development in accordance withFOR further conditions.
Prior to the Issue of a Construction Certificate
12. Low reflectivity roof - Roofing materials must be low glare and reflectivity. Details of finished external materials including colours and texture must be provided to the Certifying Authority.
13. On Site Detention - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.
An on-site detention (OSD) facility designed by a professional engineer who specialises in Hydraulic Engineering must be designed, approved and installed. The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 42
a) peak flow rates from the site are to be restricted to a permissible site discharge
(PSD) equivalent to the discharge when assuming the site contained a single 20 dwelling, garage, lawn and garden, -
b) at Annual Recurrence Intervals of 2 years and 100 years.
Refer to Flow Controls in Council's Draft/Adopted Stormwater Drainage Policy. LPP041
The OSD facility shall be designed to meet all legislated safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm. A durable metal plate or similar sign is to be placed at the OSD facility and must bear the words:
"BEWARE: This is an on-site detention basin/tank for rainwater which could overflow during heavy storms."
Full details shall accompany the application for the Construction Certificate.
14. Detailed Stormwater Drainage Design - The submitted stormwater plan has been assessed as a concept plan only. A detailed drainage design supported by a catchment WWW.GEORGESRIVER.NSW.GOV.AU
area plan and drainage calculations (including aPAPER. Hydraulic Grade Line Analysis) must be submitted with the Construction Certificate application. WEBSITE:
BUSINESS 15. Driveway Construction Plan Details - DetailedRIVER engineering plans for the driveway shall
be submitted with the Construction CertificateCOUNCIL application for approval that show: GEORGES RIVER THE (a) Longitudinal sections, with gradients designed in accordance with the Australian VISIT
Standards AS/NZS2890.1-2004.GEORGES THE PLEASE 16. Construction Traffic ManagementOF Plan - A Construction Traffic Management Plan COPY detailing: DOCUMENT
PRINTED A OFFICIAL (a) constructionIS vehicle routes; THE THIS (b) anticipatedFOR 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 must specify in writing that they are satisfied with the Traffic Management Plan prior to the issue of the Construction Certificate.
17. Fees to be paid - The fees listed in the table below must 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 must be made prior to the issue of the Construction Certificate or prior to the
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 43
commencement of work (if there is no associated Construction Certificate).
Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction 20 values of $500,000 or over. Council must 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: LPP041 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 (footpaths and roadworks) (calculation $21,842.59 based on $1,236.00 per metre of street frontage, Lawrence Street of 17.672m) Inspection Fee for Refund of Damage Deposit (minimum of two (2) $742.00 inspections at $371 per inspection DEVELOPMENT CONTRIBUTIONS Georges River Council Section 94A Development Contributions Plan $39,183.63 2017
WWW.GEORGESRIVER.NSW.GOV.AU General Fees PAPER. WEBSITE: BUSINESS The fees and charges above are subject to RIVERchange and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government COUNCIL Authorities, applicable at the time of payment.GEORGES RIVER THE
Development Contributions VISIT A Section 7.12 contribution hasGEORGES been levied on the subject development pursuant to the THE PLEASE Georges River Council SectionOF 94A Contributions Plan 2017.
COPY Timing of Payment DOCUMENT
The contribution mustPRINTED be paid and receipted by Council prior to the release of the A OFFICIAL Construction Certificate.IS THE THIS FOR Further Information A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Georges River Civic Centre, MacMahon Street, Hurstville and Kogarah Library and Service Centre, Kogarah Town Square, Belgrave Street, Kogarah) or viewed on Council’s website www.georgesriver.nsw.gov.au.
18. Damage Deposit - In order to insure against damage to Council property the following is 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: $21,842.59
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: $742.00
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 44
c) Submit to Council, before the commencement of work, a photographic record of the
condition of the Council nature strip, footpath and driveway crossing, or any area 20 likely to be affected by the proposal. -
At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage. LPP041
19. Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for a Construction Certificate, and include the following:
a) location of protective site fencing b) location of site storage areas/sheds/equipment; c) location of building materials for construction, e.g. stockpiles d) provisions for public safety; e) dust control measures; f) method used to provide site access location and materials used; g) details of methods of disposal of demolition materials; h) method used to provide protective measures for tree preservation; i) provisions for temporary sanitary facilities; j) location and size of waste containers/skip bins; WWW.GEORGESRIVER.NSW.GOV.AU
k) details of proposed sediment and erosion controlPAPER. measures; l) method used to provide construction noise and vibration management; WEBSITE:
m) construction and demolition traffic managementBUSINESS details. RIVER
The site management measures are COUNCILto be implemented prior to the commencement of GEORGES any works including demolition andRIVER excavation. The site management measures are to THE be maintained throughout the works, to maintain reasonable levels of public health, VISIT
safety and amenity. A copy ofGEORGES the Site Management Plan must be kept on site and is to be made available upon request.THE PLEASE OF COPY 20. Landscape Plans - AllDOCUMENT landscape works shall be carried out in accordance with the approved landscape plans and specifications, drawn by Discount Landscape Plans, Ref PRINTED A OFFICIAL Rev C, ArchitecturalIS and Landscape Amendment and dated 04/06/20. The landscaping THE shall be maintainedTHIS in accordance with the approved plans in perpetuity, subject to the following - FOR
a) The proposed trees shall be a minimum 75 litre pot/ bag size, with all plants, shrubs and groundcovers at the specified pot size and quantities reflected upon the landscape plan. b) All trees proposed shall comply with AS 2303 – 2018, Tree Stock for Landscape use and NATSPEC Specifying Trees: a guide to assessment of tree quality (2003), and be planted and maintained in accordance with Councils standard specification; c) If any trees and plants are found to be faulty, damaged, dying or dead within twelve (12) months of planting then they must be replaced with the same species. If the trees are found dead before they reach a height where they are protected by Councils Tree Management Controls, they must be replaced with the same species and pot/bag size;
21. Tree Protection and Retention - In accordance with AS4970 -2009, Protection of trees on development sites and in accordance with;
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 45
- The Arboricultural Impact Assessment provided by Raintree Consulting, Ref No RTC – 1820 and dated 11 May, 2020
- Exploratory Tree Root Investigations Arboricultural Report, Ref No RTC – 9620 and 20 dated 21 May 2020. -
The following trees shall be retained and protected:
Tree Species Location of Tree / Tree Protection Zone (metres) LPP041 Tree No. TPZ as per AS4970 - 2009 Fencing distance from trunk Tree1 - Lophostemon Councils street tree 7.2 metres radially out from its confertus trunk Tree 5 – Annona Rear yard of 49 2.4 metres radially out from its atemoya Gover Street trunk Tree 6, 7, 9 and 10 Side fence of No 56 2.0 metres radially out from its Pyrus calleryana Lawrence Street trunk Tree 8 – Dypsis Side fence of No 56 2.0 metres radially out from its lutescens Lawrence Street trunk
The client shall engage a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Arboricultural Association or Affiliation. WWW.GEORGESRIVER.NSW.GOV.AU PAPER.
Tree Protection Measures WEBSITE:
a) Tree Protection measures must be BUSINESS implemented as per Arboricultural Impact RIVER Assessment, referenced as - 2. Conclusions and recommendations, 2.2 (2.2.1 – 2.2.11) with all items signed off for COUNCILcompliance and forwarded to the nominated PCA. GEORGES RIVER THE
b) All trees on Council property, subjectVISIT site and adjacent sites, to be retained shall be protected before site setGEORGES up and maintained during demolition, excavation and construction of the site. THE PLEASE OF
COPY c) Although trees may beDOCUMENT on adjacent sites, the tree protection fencing must be placed
on the nominatedPRINTED distances as per table above, out from the trees trunk, within the A OFFICIAL subject site toIS minimise impacts to neighbours trees and kept for the entirety of the THE project. THIS FOR
d) The tree protection measures must be in undertaken in accordance AS4970 -2009 Protection of trees on development sites.
e) Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Arboricultural Association or Affiliation.
f) The engaged AQF 5 Consulting Project Arborist must be present on-site during the stages of site set up, excavation, demolition and construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone of each tree.
g) In accordance with AS 4970-2009 Protection of trees on development sites, a protective fence consisting of 2.4 x 1.8 metres high, fully supported chainmesh fence
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 46
shall be used. The distance of the fence out from the base of each tree is to be in accordance with the TPZ listed in the table above. A layer of organic mulch 100
millimetres thick shall be placed over the protected area and no soil or fill should be 20 placed within the protection area. -
h) In accordance with AS 4970-2009 Protection of trees on development sites, Ground Protection must be installed for entry and exit of machinery and truck movements within the TPZ of tree 1, being 7.2 metres radially out from its trunk. Mulch, geo LPP041 woven fabric and hardwood boards must be used and held together using metal framing bands and kept in place for the entirety of the project and signed off by the AQF 5 Consulting arborist.
i) No strip footings for the purposes of front fencing is permitted within the 7.2 metre radius and TPZ of tree 1, being councils street tree. Post and rail type construction methods only.
j) The engaged AQF 5 Arborist must be in attendance before, during and after the installation of the proposed OSD located within the driveway and close to tree 1.
k) The Tree Protection Zone of each tree, to be protected, shall be watered thoroughly and regularly to minimise the effects of construction works.
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l) No building products, materials, site sheds, toiletsPAPER. or services shall be installed within the TPZ of tree 1 and 5. This fence shall be kept in place during demolition, WEBSITE:
construction and also have a sign displayingBUSINESS ‘Tree Protection Zone – DO NOT ENTER’ attached to the fence and must RIVERalso include the name and contact details of
the Project Arborist. COUNCIL GEORGES RIVER THE Excavation works near tree to be retained - VISIT
m) Excavations around the treesGEORGES to be retained on site or the adjoining properties shall be supervised by the AQFTHE PLEASE 5 Project Arborist to ensure that the root system and canopy will not adverselyOF be affected and signed off to the nominated PCA. COPY DOCUMENT n) Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become PRINTED A OFFICIAL compromisedIS by any excavation works, the AQF 5 Project arborist shall be consulted THE to establishTHIS the position of any major roots and determine the necessary measures to protect theseFOR roots. The recommendations of the Arborist shall be submitted to Council prior to any further demolition or construction works taking place.
o) Tree Protection Zones around the trees to be retained are not to have soil level changes, raised soil or removed soil.
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 qualified Arborist in accordance with AS4373 -2007 Pruning of Amenity Trees and Amenity Tree Industry, Code of Practice (SafeWork NSW August 1998).
22. Tree Removal & Replacement - Tree removal in accordance The Arboricultural Impact Assessment provided by Raintree Consulting, Ref No RTC – 1820 and dated 11 May, 2020
Permission is granted for the removal of the following trees:
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 47
Tree Species Number of Location trees
Tree 2 - Ligustrum X1 Within site along east side fence 20 lucidum -
Tree 2.1 – Nerium X1 Within site along east side fence oleander LPP041 Tree 3 – Plumeria Spp X1 Within site along east side fence Tree 3.1 – Cestrum X1 Within site along east side fence nocturnum Tree 3.2 – Brunsfelsia X1 Within site along east side fence australis Tree 4 – X1 Rear back north east corner of site Archontophoenix cunninghamiana
General Tree Removal 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).
WWW.GEORGESRIVER.NSW.GOV.AU 23. BASIX Commitments - All energy efficiencyPAPER. measures as detailed in the BASIX
Certificate No. 1059648M must be implementedWEBSITE: on the plans lodged with the application
BUSINESS for the Construction Certificate. RIVER
COUNCIL 24. Required hydraulic design changes –GEORGES RIVER THE
Drawing Drawing RevisionVISIT Drawing Author Reference Date GEORGES Description THE PLEASE A9260-SW02 18/11/19 OF C Level C1 Drainage Alpha Engineering & Plan Development COPY A9260-SW03 18/11/19DOCUMENT C Ground Floor Alpha Engineering & PRINTED Drainage Plan Development A OFFICIAL IS A9260-SW06 18/11/19THE C Stormwater Sections Alpha Engineering & THIS FOR and Details Development A9260-SW07 18/11/19 C Easement Pipe Long Alpha Engineering & Section Development
The following changes are required to be addressed in Architectural and Detailed Hydraulic Plans, as appropriate, to accompany the Application for a Construction Certificate –
i. Council’s drainage system in Gover Street is to be extended to provide an underground outlet for all stormwater from the subject development site via a proposed kerb inlet pit, with all costs borne by the developer. ii. A full hydrologic and hydraulic analysis is to be provided for the total catchment contributing stormwater runoff into the proposed stormwater drainage pipeline in the easement to drain water to which the subject development site will dispose runoff. This analysis will include an Hydraulic Grade Line Analysis.
25. Required design changes – The following changes are required to be addressed in
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Architectural Plans to accompany the Application for a Construction Certificate –
i. The glass windows to the stairwells on the eastern and western (side) elevations 20 must be opaque glass. - ii. The glass louvre windows to the void area must be fixed in an upward position and be opaque glass.
26. Erosion & Sedimentation Control - Erosion and sediment controls must be provided to LPP041 ensure:
(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)
(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 WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. (f) Controls are put into place to prevent tracking of sediment by vehicles onto WEBSITE:
adjoining roadway BUSINESS RIVER
(g) All disturbed areas are renderedCOUNCIL erosion-resistant by turfing, mulching, paving or GEORGES similar RIVER THE
VISIT
(h) Compliance with ManagingGEORGES Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom THE2004 PLEASE. OF COPY These measures are to DOCUMENTbe implemented prior to the commencement of work (including demolition and excavation) and must remain until works are completed and all exposed PRINTED A OFFICIAL surfaces are landscaped/sealed.IS THE THIS 27. Stormwater SystemFOR - The submitted stormwater plan has been assessed as a concept plan only. Final detailed plans of the drainage system, prepared by a professional engineer specialising in hydraulic engineering, shall be submitted for approval with the Construction Certificate.
(a) All stormwater shall drain by gravity to the easement to drain water in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).
(b) All stormwater shall drain by gravity to the upper level of Council’s proposed kerb inlet pit in Gover Street via the easement to drain water in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2015 (as amended).
(c) Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a professional engineer who specialises in Hydraulic Engineering in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.
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28. Stormwater Drainage Plan Details - Stormwater drainage plans including pipe sizes,
type, grade, length, invert levels, dimensions and types of drainage pits prepared by a 20 professional engineering specialising in hydraulic engineering shall be submitted with the - Construction Certificate application.
These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Hurstville Development Control Plan LPP041 1 which includes Appendix 2.
29. Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).
30. Allocation of street addresses - In order to comply with AS/NZS 4819:2011 Rural and Urban Addressing & the NSW Addressing User Manual (Geographical Names Board of NSW) and Georges River Council’s requirements, the street addresses for the subject development must be allocated as follows:
WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
WEBSITE:
BUSINESS RIVER
COUNCIL GEORGES RIVER THE
VISIT
GEORGES
THE PLEASE OF
COPY DOCUMENT
PRINTED A OFFICIAL IS THE THIS Details indicatingFOR compliance with this condition must be shown on the plans lodged with any Construction Certificate for approval.
Prior to the Commencement of Work (Including Demolition & Excavation)
31. Demolition & Asbestos - The demolition work shall 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 shall 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 shall be submitted to the PCA prior to the commencement of works.
For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health & Safety Act 2011 and the NSW Work Health & Safety Regulation 2011 unless specified in the Act and/or Regulation that a
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 50
license is not required.
All demolition work including the removal of asbestos, shall be undertaken in accordance 20 with the Demolition Code of Practice (NSW Work Cover July 2015). -
Note: Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the SafeWork NSW website: www.SafeWork.nsw.gov.au. LPP041 32. Demolition Notification Requirements - The following notification requirements apply to this consent:
(a) The developer /builder must notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority. Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.
(b) Five (5) 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.
WWW.GEORGESRIVER.NSW.GOV.AU
(c) On demolition sites where buildings to be PAPER.demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS WEBSITE:
REMOVAL IN PROGRESS” measuringBUSINESS not less than 400mm x 300mm is to be erected in a prominent visible position RIVER(from street frontage) on the site. The sign is
to be erected prior to demolitionCOUNCIL work commencing and is to remain in place until GEORGES such time as all asbestos materialRIVER has been removed from the site to an approved THE waste facility. VISIT
GEORGES 33. Demolition work involvingTHE PLEASE asbestos removal - Work involving bonded asbestos removal work (of an areaOF of more than 10 square metres) or friable asbestos removal COPY work must be undertakenDOCUMENT by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation PRINTED A OFFICIAL 2011. IS THE THIS 34. Dial before yourFOR dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate. The sequence number obtained from “Dial Before You Dig” shall be forwarded to the Principal Certifying Authority (PCA) and Council for their records.
35. Registered Surveyors Report - During Development Work - A report must be submitted to the PCA at each of the following applicable stages of construction:
a) Set out before commencing excavation.
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,
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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 must be provided at each subsequent storey. 20 - e) Completion of any Pool Formwork - Before concreting of pool shell, detailing the location of the pool relative to the adjacent boundaries and its height relative to the datum shown on the approved plans. LPP041 f) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.
g) 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 must indicate the reduced level of the main ridge.
Work must not proceed beyond each stage until the PCA is satisfied that the height and location of the building is proceeding in accordance with the approved plans.
36. 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 the provision or adjustment of services within the road and footway areas is to be at the WWW.GEORGESRIVER.NSW.GOV.AU
applicant’s expense. PAPER.
WEBSITE:
During Construction BUSINESS RIVER
37. Physical connection of StormwaterCOUNCIL to site - No work is permitted to proceed above GEORGES the ground floor slab level of theRIVER building until there is physical connection of the THE approved stormwater drainage system from the land the subject of this consent to VISIT
Council's proposed kerb inlet pitGEORGES in in Gover Street. THE PLEASE 38. Site sign - Soil & ErosionOF Control Measures - Prior to the commencement of works COPY (including demolition andDOCUMENT excavation), a durable site sign, issued by Council in conjunction with this consent, must be erected in a prominent location on site. The site PRINTED A OFFICIAL sign warns of theIS penalties which apply to pollution, storing materials on road or footpath THE and breaches THISof the conditions relating to erosion and sediment controls. The sign must remain in a prominentFOR location on site up until the completion of all site and building works.
39. 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 that creates noise on or adjacent to the site shall 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.
Note: A penalty infringement notice may be issued for any offence.
40. Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved by Council.
41. Cost of work to be borne by the applicant - The applicant shall bear the cost of all
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works associated with the construction of the development that occurs on Council property. Care must be taken to protect Council's roads, including the made footway,
kerbs, etc., and, where plant and vehicles enter the site, the footway shall be protected 20 against damage by deep-sectioned timber members laid crosswise, held together by - hoop iron straps and chamfered at their ends. This construction shall be maintained in a state of good repair and condition throughout the course of construction.
42. Obstruction of Road or Footpath - The use of the road or footpath for the storage of LPP041 any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act 1993 and/or under Section 68 of the Local Government Act 1993. Penalty infringement Notices may be issued for any offences and severe penalties apply.
43. Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like shall be ignited or burnt.
Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the PCA and Council, where Council is not the Principal Certifying Authority.
Prior to the issue of the Occupation Certificate WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. 44. Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the WEBSITE:
Sydney Water Act 1994
COUNCIL GEORGES 45. Major Development - Internal drivewaysRIVER and parking spaces are to be adequately paved THE with concrete or bitumen, or interlocking pavers to provide a dust-free surface. All car VISIT
parking spaces are to be lineGEORGES marked in accordance with AS1742, ‘Australian Standard Manual of Uniform Traffic ControlTHE PLEASE Devices’ and the relevant guidelines published by the RMS. OF COPY DOCUMENT 46. Restriction to User and Positive Covenant for On-Site Detention Facility - A PRINTED A OFFICIAL Restriction on UseIS of the Land and Positive Covenant shall be created and registered on THE the title of the THISproperty, which places the responsibility for the maintenance of the on-site stormwater managementFOR 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;
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.
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Positive Covenants
20 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
b) maintain and repair at the sole expense of the registered proprietors the whole LPP041 of the system so that if functions in a safe and efficient manner
c) permit the Council or its authorised agents from time to time and upon giving reasonable notice (but at any time and without notice in the case of an emergency) to enter and inspect the land for the compliance with the requirements of this covenant
d) comply with the terms of any written notice issued by the Council in respect of the requirements of this covenant within the time stated in the notice.
2. Pursuant to Section 88F(3) of the Conveyancing Act 1919 the Council shall have the following additional powers:
a) in the event that the registered proprietor fails to comply with the terms of any WWW.GEORGESRIVER.NSW.GOV.AU
written notice issued by the CouncilPAPER. as set out above the Council or its authorised agents may enter the land with all necessary materials and WEBSITE:
equipment and carry out any workBUSINESS which the Council in its discretion considers reasonable to comply with the saidRIVER notice referred to in part 1(d) above
COUNCIL GEORGES b) the Council may recoverRIVER from the registered proprietor in a Court of competent THE jurisdiction: VISIT
GEORGES i. any expenseTHE PLEASE reasonably incurred by it in exercising its powers under subparagraphOF (i) hereof. Such expense shall include reasonable wages COPY for the Council’sDOCUMENT employees engaged in effecting the work referred to in (i) above, supervising and administering the said work together with PRINTED A OFFICIAL costs,IS reasonably estimated by the Council, for the use of materials, THE THISmachinery, tools and equipment in conjunction with the said work. FOR 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.
47. 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.
48. Works as Executed and Certification of Stormwater works - Prior to the issue of an Occupation Certificate, the PCA must ensure that the stormwater drainage system has
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 54
been constructed in accordance with the approved design and relevant Australian Standards. A works-as-executed drainage plan and certification must be forwarded to the
PCA and Council, from a professional engineer specialising in hydraulic engineering. 20 - This Plan and Certification shall confirm that the design and construction of the stormwater drainage system satisfies the conditions of development consent and the Construction Certificate stormwater design details approved by the PCA. LPP041 The works-as-executed drainage plan must be prepared by a professional engineer specialising in hydraulic engineering in conjunction with a Registered Surveyor and must include the following details (as applicable):
(a) The location of the detention tank and all relevant internal dimensions for determination of the storage capacity; (b) Volume of storage available in any detention areas; (c) The location, diameter, gradient and material (i.e. PVC, RC etc.) of all stormwater pipes; (d) The orifice size/s; (e) Details of any pumping systems installed (including wet well volumes).
49. Requirements prior to the issue of the Occupation Certificate - The following shall be completed and or submitted to the PCA prior to the issue of the Occupation Certificate: WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. (a) All the stormwater/drainage works shall be completed in accordance with the WEBSITE:
approved Construction Certificate plansBUSINESS prior to the issue of the Occupation Certificate. RIVER
(b) The internal driveway constructionCOUNCIL works, together with the provision for all services GEORGES (conduits and pipes laid) shallRIVER be completed in accordance with the approved THE Construction Certificate plans prior to the issue of the Occupation Certificate. VISIT
(c) Construct any new vehicle GEORGEScrossings required. (d) Replace all redundant vehicleTHE PLEASE crossing laybacks with kerb and guttering, and replace redundant concrete withOF turf. COPY (e) A Section 73 (SydneyDOCUMENT Water) Compliance Certificate for the Subdivision shall be issued and submitted to the PCA prior to the issue of the Occupation Certificate. PRINTED A OFFICIAL (f) Work as ExecutedIS Plans prepared by a Chartered Professional Engineer or a THE RegisteredTHIS Surveyor when all the site engineering works are complete shall be submitted toFOR the PCA prior to the issue of the Occupation Certificate. (g) The construction of the extension of Council’s drainage system in Gover Street shall be completed in accordance with the conditions and specifications of the Section 138 Roads Act Activity Approval.
50. Vehicular crossing & Frontage work - Major development - The following road frontage works shall be constructed in accordance with the specifications issued under the ‘Application for Driveway Crossing and Associated Works on Council Road Reserve’ approval issued by Council’s Assets and Infrastructure Division:
(a) Construct a 1.5m wide footpath for the full length of the frontage of the site in Lawrence Street in accordance with Council’s Specifications for footpaths. (b) Construct the driveway crossing in accordance with Council’s specifications for vehicular crossings. (c) Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the applicant and in accordance with Council’s Specification for
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 55
Driveway Crossings and Associated Works.
A private contractor shall carry out the above work, at the expense of the applicant and 20 in accordance with Council’s Specification for Driveway Crossings and Associated - Works. The driveway and road frontage works are to be completed before the issue of the Occupation Certificate. LPP041 51. Completion of Major Works - Prior to the issue of a Final Occupation Certificate, the following works must be completed at the applicant’s expense to the satisfaction of Council’s Engineering Services section:
(a) Stormwater pipes, pits and connections to public stormwater systems within the road related area; (b) Driveways and vehicular crossings within the road related area; (c) Removal of redundant driveways and vehicular crossings; (d) New footpaths within the road related area; (e) New or replacement street trees; (f) New footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf WWW.GEORGESRIVER.NSW.GOV.AU
predominant within the street. Council’s AssetsPAPER. and Infrastructure Section must advise in writing that the works have been completed to their satisfaction prior to the WEBSITE:
issue of the Occupation Certificate. [Note:BUSINESS The damage deposit paid to Council will not be released until the works have beenRIVER completed to Council’s satisfaction.
COUNCIL GEORGES 52. Stormwater drainage works - RIVER Works As Executed - Prior to the issue of the THE Occupation Certificate, stormwater drainage works are to be certified by a professional VISIT
engineer specialising in hydraulicGEORGES engineering, with Works-As-Executed drawings supplied to Council detailing:THE PLEASE OF COPY (a) Compliance with conditionsDOCUMENT of development consent relating to stormwater; (b) The structural adequacy of the On-Site Detention system (OSD); PRINTED A OFFICIAL (c) That the worksIS have been constructed in accordance with the approved design and THE will provideTHIS the detention storage volume and attenuation in accordance with the submitted calculations;FOR (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.
Council must advise in writing that they are satisfied with the Works-As-Executed for the extension of Council’s drainage system in Gover Street prior to the issue of an Occupation Certificate.
53. Completion of Landscape Works a) All landscape works and the planting of all trees proposed upon the landscape plan must be completed before the issue of the Final Occupation Certificate and to the satisfaction of Councils Tree Management Officers b) An AQF 5 Horticulturist shall be engaged and in writing certify that all trees and shrubs, their pot / bag size and quantities have been planted as per these Conditions of Consent and forwarded to the PCA – Principal Certifying Authority, for compliance.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 56
54. Maintenance of Landscaping - All trees and shrubs forming part of the landscaping must be maintained. Maintenance includes watering, weeding, removal of rubbish from
tree bases, fertilising, pest and disease control, replacement of dead or dying plants and 20 other operations required to maintain healthy trees, plants and turfed areas. - Tree Protection Measures a) A final certificate of compliance letter, once all building and landscape works have been completed, from the engaged AQF 5 Consulting Arborist, that tree protection measures have been installed and maintained for the entirety of the project and LPP041 report on the condition of the trees that as part of this Consent, were to be protected and retained, for compliance.
Tree Replacement within subject site b) If the planted trees are found to be faulty, damaged, dying or dead within twelve (12) months of planting then they must be replaced with the same species. If the trees are found dead before they reach a height where they are protected by Councils Tree Management Controls, they must be replaced with the same species and pot/bag size.
A copy of the Hurstville City Council’s Tree Removal and Pruning Guidelines and Kogarah City Council, Street Tree Management Strategy, Masterplan, and Tree Management Policy 2019, can be downloaded from Council’s website www.georgesriver.nsw.gov.au . WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. 55. Electricity Supply - Evidence shall be provided demonstrating that the development has WEBSITE:
been connected to the Ausgrid, if required. BUSINESS RIVER
56. BASIX Compliance Certificate - A ComplianceCOUNCIL Certificate must be provided to the PCA GEORGES regarding the implementation of RIVER all energy efficiency measures as detailed in the THE approved BASIX Certificate before any Occupation Certificate is issued. VISIT
GEORGES 57. Notice to Council - AllocationTHE PLEASE of street addresses - Prior to the issue of any Occupation Certificate, ‘asOF- built’ drawings detailing the installed and allocated street/unit COPY address and numbering DOCUMENTmust be submitted to the satisfaction of Council.
PRINTED A OFFICIAL Operational ConditionsIS (On-Going) THE THIS 58. Entering & ExitingFOR of vehicles - All vehicles shall enter and exit the premises in a forward direction.
59. Boarding House Operation - The following restrictions apply to the approved development:
(a) The development approved under this consent constitutes a ‘Boarding House’ as defined under State Environmental Planning Policy (Affordable Rental Housing) 2009 and shall not be used for the purposes of permanent residential accommodation nor hotel, motel, serviced apartments, private hotel, tourist accommodation or the like.
(b) Not more than two (2) lodgers shall occupy the boarding rooms which are to contain no more than two beds.
(c) The total number of lodgers residing in the boarding house at any one time shall not exceed thirty eight (38) lodgers.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 57
(d) The lodgers must be subject to an occupancy agreement for a term of no less than
three months. 20 - (e) The boarding house must always be operated and managed in accordance with the provisions contained within the Plan of Management, prepared by Smith and Tzannes and dated 5 November 2019. LPP041 (f) The use and operation of the premises must comply with the requirements of Schedule 2 (Standards for Places of Shared Accommodation) of the Local Government (General) Regulation, 2005 under the Local Government Act 1993, the Public Health Act, 2010 and Regulations thereunder.
(g) The operation of the Boarding House shall be in accordance with the Boarding Houses Act 2012 at all times. This includes the registration of the Boarding House, as required by the Act.
Subdivision of the boarding house is not permitted in accordance with the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009.
60. Outdoor Lighting - To avoid annoyance to the occupants of adjoining premises or glare to motorist on nearby roads, outdoor lighting must comply with AS 4282-1997: Control of WWW.GEORGESRIVER.NSW.GOV.AU
the obtrusive effects of outdoor lighting. PAPER.
WEBSITE:
61. Amenity of the neighbourhood - The implementationBUSINESS of this development shall not adversely affect the amenity of the neighbourhoodRIVER or interfere unreasonably with the
comfort or repose of a person who is COUNCILoutside the premises by reason of the emission or GEORGES discharge of noise, fumes, vapour,RIVER odour, steam, soot, dust, waste water, waste THE products, grit, oil or other harmful products. VISIT
GEORGES Operational Requirements UnderTHE the PLEASE Environmental Planning & Assessment Act 1979 OF COPY 62. Requirement for a ConstructionDOCUMENT Certificate - The erection of a building must not commence until a Construction Certificate has been issued. PRINTED A OFFICIAL IS THE 63. Appointment THIS of a PCA - The erection of a building must not commence until the applicant has: FOR
(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:
(a) 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
(b) notify the PCA of the details of any such appointment; and
(c) 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.
20 64. 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 LPP041
(b) the applicant of the critical stage inspections and other inspections that are to be carried out with respect to the building work.
65. 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.
66. 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 Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.
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67. Notice to be given prior to critical stage inspectionsPAPER. - The principal contractor for a building site, or the owner-builder, must notify the PCA at least 48 hours before each WEBSITE:
required inspection needs to be carried out.BUSINESS RIVER
Where Georges River Council has beenCOUNCIL appointed as the PCA, 48 hours notice in GEORGES writing, or alternatively 24 hours noticeRIVER by facsimile or telephone, must be given when THE specified work requiring inspection has been completed. VISIT
GEORGES 68. Occupation Certificate - ATHE person PLEASE must not commence occupation or use of the whole or any part of a new buildingOF unless an Occupation Certificate has been issued in relation COPY to the building or part. DOCUMENT
PRINTED A OFFICIAL Only the PCA appointedIS for the building work can issue the Occupation Certificate. THE THIS An Occupation FORCertificate Application Form is attached for your convenience.
Advice
69. 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.
70. Appeal Rights - Part 8 (Reviews and appeals) of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination
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of the application a right of appeal to the Land and Environment Court of New South Wales.
20 71. Lapsing of Consent - This consent will lapse unless the development is physically - commenced within 5 years from the Date of Operation of this consent, in accordance with Section 4.53 of the Environmental Planning and Assessment Act 1979 as amended.
72. Stormwater & Ancillary Works - Applications under Section 138 Roads Act and/or LPP041 Section 68 Local Government Act 1993 - To apply for approval under Section 138 of the Roads Act 1993 and/or Section 68 Local Government Act 1993:
(a) Complete the ‘Stormwater Drainage Application Form’ which can be downloaded from Georges River Council’s website at www.georgesriver.nsw.gov.au.
(b) In the Application Form, quote the Development Consent No. (eg. DA2019/0626) and reference this condition number.
ATTACHMENTS Attachment ⇩ 1 Site Plan and Elevations - 58 Lawrence St Peakhurst
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REPORT TO GEORGES RIVER COUNCIL LPP MEETING OF THURSDAY, 03 SEPTEMBER 2020
20 - Development LPP Report No LPP042-20 REV2020/0016 Application No Site Address & Ward 565 King Georges Road Penshurst LPP042 Locality Mortdale Ward Proposed Development Review of Determination of DA2019/0545 for demolition and construction of a boarding house, on-grade parking, landscaping and site works Owners Mrs A O Hanna Applicant Azzam Yousef Planner/Architect Planner: Azzam Yousef, Architect: Azzam Yousef Date Of Lodgement 12/06/2020 Submissions One (1) submission and eight (8) signatures within a petition Cost of Works $820,000 (cost of original works) Local Planning Panel Georges River Council Local Planning Delegations for Boarding Criteria Houses List of all relevant s.4.15 Environmental Planning and Assessment Act 1979, matters (formerly Environmental Planning and Assessment Regulation 2000,
s79C(1)(a)) Greater Metropolitan RegionalWWW.GEORGESRIVER.NSW.GOV.AU Environmental Plan No 2 – Georges River Catchment,PAPER. State Environmental Planning Policy BASIX: 2004, State EnvironmentalWEBSITE: Planning Policy No. 55, State BUSINESS Environmental PlanningRIVER Policy (Vegetation in Non-rural Areas) 2007, State Environmental Planning Policy (Infrastructure) 2007, COUNCIL State EnvironmentalGEORGES Planning Policy No 55 – Remediation of RIVER Land, Draft EnvironmentTHE SEPP, Draft Remediation of Land SEPP, DraftVISIT Georges River Local Environmental Plan 2020, HurstvilleGEORGES Local Environmental Plan 2012, Hurstville THE PLEASE DevelopmentOF Control Plan No 1, Georges River Interim Policy
2019COPY List all documents StatementDOCUMENT of Environmental Effects, submitted with this PRINTED Survey Plan, Plans, A OFFICIAL IS report for the Panel’s THE Traffic Reports, THIS consideration FOR Plan of Management Report prepared by Senior Development Assessment Officer
Recommendation That the application be refused in accordance with the reasons stated in the 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 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
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the assessment report?
Clause 4.6 Exceptions to development standards
If a written request for a contravention to a development Not Applicable 20 standard (clause 4.6 of the LEP) has been received, has it - been attached to the assessment report? Special Infrastructure Contributions
Does the DA require Special Infrastructure Contributions Not Applicable LPP042 conditions (under s7.24)? Conditions Have draft conditions been provided to the applicant for No, as the application is comment? recommended for refusal. The refusal reasons will be able to be viewed when the report is published.
Site Plan
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Aerial photograph of the site (565 King Georges Road, Penshurst) is outlined in blue.
Executive Summary Proposal 1. Council is in receipt of a Section 8.2 Review application (REV2020/0016) which seeks the review of refused development application DA2019/0545. This application sought the demolition of existing structures and the construction of a two (2) storey boarding house
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comprises of eleven (11) boarding rooms, one (1) Manager’s Room, communal living room and at grade car parking for seven (7) vehicles and associated works.
20 2. DA2019/0545 is referred to within this report as the ‘original application’. This was - considered by the Georges River Local Planning Panel (LPP) on 21 May 2020 and was refused for the following reasons:
1. Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the LPP042 Environmental Planning and Assessment Act 1979, the proposed development does not comply with the State Environmental Planning Policy (Affordable Rental Housing) 2009 in terms of the following:
(a) Cl.29(2)(b) – the landscape treatment of the front setback is incompatible with the streetscape existing and what is envisaged by the planning controls. The streetscape of the immediate locality is landscaped front yards of dwelling houses, with a single driveway providing vehicular access to each site. The front setback of the proposal contains concrete pathways, ramps, landings and fencing around the Manager’s private open space area which is incompatible with the existing and desired streetscape for the locality. (b) Cl.29(2)(c) – where a communal living room is provided, it must receive more than 3 hours sunlight between 9am and 3pm during midwinter. One communal living room is proposed on the ground floor at the rear of the building. The room has one west-facing window that will WWW.GEORGESRIVER.NSW.GOV.AUbe overshadowed year round by the overhang of the first floor of the subjectPAPER. development which extends 5m past the western wall of the ground floor. WEBSITE: BUSINESS (c) Cl. 29(2)(d)(ii) – the Manager’s privateRIVER open space area must not be located
within the front setback. TheCOUNCIL Manager’s private open space area is located within the front setback which GEORGESadjoin King Georges Road. RIVER (d) Cl.30A – the proposed developmentTHE is not consistent with the existing or desired future character VISITof the locality with respect to the lack of landscaping GEORGES
and extent of hard THEsurfaces PLEASE and structures located within the front setback, lack of articulation inOF the built form, poor access arrangements within the development COPY between the building and parking area and communal open DOCUMENT space. PRINTED A OFFICIAL IS 2. EnvironmentalTHE Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the THIS EnvironmentalFOR Planning and Assessment Act 1979, the proposed development does not comply with the State Environmental Planning Policy (Infrastructure) 2007 in terms of the following:
(a) Clause 101 - Transport for NSW (formerly Roads and Maritime Service) has not granted concurrence to the proposed development as it has not been demonstrated that vehicles can simultaneously enter and exit the site safely.
3. Development Control Plan - Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following sections of Chapter 3 of the Hurstville Development Control Plan No. 1:
(a) Chapter 3.3 Access and Mobility - the application fails to demonstrate accessible pedestrian access to the car park. (b) Chapter 3.5 Landscaping – the application fails to provide an adequate tree protection zone around the site tree to be retained to ensure its survival.
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4. Impacts on the Environment - Pursuant to Section 4.15(1)(b) of the Environmental
Planning and Assessment Act 1979, the proposed development is likely to have an 20 adverse impact on the following aspects of the natural environment: -
(a) The proposal fails to provide an adequate tree protection zone around the site tree nominated to be retained to ensure its survival. LPP042 5. Impacts on the Environment - Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is likely to have an adverse impact on the following aspects of the built environment:
(a) The proposal in its current form is incompatible with the existing and desired future character in relation to the extent of hard surfaces in the front setback.
(b) The proposed boarding house does not provide future residents with adequate solar amenity to the communal room.
(c) The development proposes very poorly located communal and private open space areas, adjacent to the car park and within the front setback to King Georges Road, which have little to no amenity for the residents or Manager of the boarding house. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. 6. Suitability of Site - Pursuant to Section 4.15(1)(c) of the Environmental Planning WEBSITE:
and Assessment Act 1979, the site BUSINESS is not considered suitable for the proposed development as: RIVER
COUNCIL GEORGES (a) Safe vehicular entry and exitRIVER to and from the site has not been demonstrated. THE
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(b) The built form is excessivelyGEORGES bulky for the size and dimensions of the site. THE PLEASE (c) The developmentOF fails to achieve suitable levels of amenity for future residents COPY and adjoining allotmentsDOCUMENT as a result of poorly located communal and private open space areas and the access arrangements to the building. PRINTED A OFFICIAL IS THE (d) The excessivelyTHIS long and un-articulated built form is out of character for the locality.FOR
(e) The information submitted with the application is inconsistent and contains insufficient detail to make a full and proper assessment, including the landscape plan and plan of management.
7. Public interest - Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is not considered to be in the public interest and is likely to set an undesirable precedent within the locality.
3. The minutes of the determination of the Local Planning Panel included comments for the applicant to consider should a review application or a new application be lodged, namely the reduction of boarding rooms, the proposal needed to address traffic, accessibility, landscaping and show details of waste management.
4. The reasons for refusal have not been satisfactory addressed within this review application. The revised plans have resulted in new concerns with respect to occupant
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amenity, inadequate communal open space, the manager’s private open space, motorcycle and bicycle parking, accessibility, safety, trees, drainage and acoustic
impacts. 20 - 5. Transport for NSW (TfNSW) provided comment on 14 July 2020 advising concurrence under Section 138 of the Roads Act 1993 would not be provided. Further clarification from TfNSW as to why concurrence was no granted, it was advised they have concerns regarding impacts of queuing on King Georges Road due to the proposed single LPP042 driveway layout and the envisaged conflict of vehicles manoeuvring within the front setback.
6. The applicant was offered the opportunity to withdraw the application on 14 July 2020 in writing and via a phone conversation. The applicant advised Council on 14 July 2020 that they would not withdraw the application and requested that the assessment continue to determination. The applicant was made aware that an assessment report would be prepared for the Local Planning Panel recommending refusal and that Council would not be accepting any further amendments of the application under Clause 55(1) of the Regulations.
7. The applicant following the LPP determination submitted a pre-lodgement application (PRE2020/0077) on 2 June 2020. The supporting documentation lodged fore review is largely consistent with the documentation the subject of this application. The Pre-DA WWW.GEORGESRIVER.NSW.GOV.AU
letter raised concerns with the application in the PAPER.following areas:
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Room size & residential amenity; BUSINESS Character of local area; RIVER Landscaped open space; COUNCIL GEORGES RIVER Front and rear setback; THE
Excessive bulk and scale; VISIT Architectural treatment; GEORGES THE PLEASE Solar access and privacy;OF
Onsite car parking; COPY Stormwater disposal;DOCUMENT and
PRINTED Landscaping &A treeOFFICIAL protection. IS THE THIS Site and Locality FOR 8. The subject site is legally described as Lot 8 in DP 12478 and is known as 565 King Georges Road, Penshurst. The site is located on the western side of King Georges Road, approximately 40m from its intersection with Young Street (to the north).
9. The site forms a rectangular shaped allotment. The site has an eastern frontage of 13.41m to King Georges Road, 62.915m along the northern side boundary, 13.41m along the western rear boundary, and 62.91m along the southern side boundary with a total site area of 843.69sqm. The topography of the site is described as relatively flat, with the level difference between the rear boundary and the front boundary being approximately 1m. King Georges Road is identified as a Classified Road.
10. A single storey masonry and tiled roof dwelling house is centrally located at the front eastern end of the site. One (1) tree (Lophostemon Confertus) is located along the southern side boundary towards the rear of the property. Vehicular access is via a driveway located parallel along the northern side boundary. There is a drainage outlet in the kerb within the frontage of the site.
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Zoning and Permissibility
11. The subject site is zoned R2 Low Density Residential under the provisions of Hurstville 20 Local Environmental Plan 2012 (HLEP 2012). The proposal involves demolition and - construction of a boarding house, on0grade parking, landscaping and site works which is a permissible use in the zone with development consent.
12. The Review application is for a boarding house under SEPP (Affordable Rental Housing) LPP042 2009, however the proposal fails to satisfy all relevant requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009 as addressed in detail throughout this report.
Submissions 13. The DA was publicly notified to neighbouring properties between 29 June and 13 July 2020 in accordance with the provisions of the Hurstville Development Control Plan No. 1 (HDCP). In response, one (1) submission with eight (8) signatures was received raising concerns regarding on-site parking, amenity for future residents, safety for neighbours, privacy impacts, noise impacts on neighbours, commercial use and density of the site. These issues are discussed in further detail within this assessment report.
Reason for Referral to the Local Planning Panel 14. The application for a Section 8.2 Review for the boarding house is under the Delegations WWW.GEORGESRIVER.NSW.GOV.AU
of the Local Planning Panel as the application relatesPAPER. to a boarding house also and was originally determined by the Panel. WEBSITE:
BUSINESS Planning and Design Issues RIVER
15. The proposal does not satisfy SectionCOUNCIL 1.3 Objects of the Act of the Environmental GEORGES Planning and Assessment Act 1979RIVER whereby the proposal does not satisfy objective (g) THE which states “to promote good design and amenity of the built environment”. The lack of VISIT
on-site facilities, functionality GEORGES and internal and external design results in poor levels of occupant amenity. Furthermore,THE PLEASE the design results in adverse amenity impacts to adjoining residential properties.OF COPY DOCUMENT 16. The proposal fails to demonstrate safe vehicular entry and exit to and from the site and PRINTED A OFFICIAL the concurrence ISof Transport for NSW (TfNSW) has not been obtained. THE THIS 17. Transport for NSWFOR have advised the following:
“the existing one way access is considered to promote high unmitigated conflict between entering and exiting vehicles. The arrangement can potentially lead to unacceptable queuing on King Georges Road”.
18. Further clarification from TfNSW raised concerns regarding impacts of queuing on King Georges Road due to the proposed single driveway layout and conflict of vehicles manoeuvring within the front setback.
19. The proposal fails to satisfy the following controls contained of the SEPP (Affordable Rental Housing):
Cl.30A – the proposed development is inconsistent with the existing and desired future character being development within a low density zone that is defined by a landscaped setting. This development has a lack of landscaping throughout the site and the extent of hard surfaces and structures located within the rear setback does
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note align with the adjoining allotments. The location of the car park at the rear of the site and lack of a vegetated buffer to the adjoining sites residential lots is considered
to be an undesirable outcome for the site. It is unclear whether an appropriate buffer 20 could be provided while also maintaining appropriate space for vehicle manoeuvring - given together with the undocumented impacts of the proposal on the existing tree located on the southern boundary in this location.
LPP042
Figure 1: Extract of proposed site plan with car parking located the rear of the site. Note the landscape plan provides no landscape buffer between the car parking spaces and the northern boundary of the site. (Source: A to Z designs, 12 June 2020).
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Figure 2: Extract of east (front elevation) to King Georges Road, Penshurst (Source: A to Z designs, 12 June 2020).
Clause. 29(2)(d)(i) – the proposal provides inadequate communal open space which does not meet the minimum area under the ARHSEPP. Part of the nominated communal open space conflicts with the shared accessible space/zone and therefore cannot be utilised in the calculation for the purpose of this clause.
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20 - LPP042
Figure 3: Extract of communal open space area and shared area (Source: Zenith Landscape Designs, 10 June 2020). WWW.GEORGESRIVER.NSW.GOV.AU PAPER. Clause. 29(2)(d)(ii) – the Manager’s private open space area is located below the first WEBSITE:
floor roof line above and is enclosedBUSINESS on its outer side by the separating fence between it and the primary access rampRIVER to the building. This results in poor levels of
occupant amenity in relation to theCOUNCIL quality of this space, outlook and solar access, GEORGES effectively creates an outdoor “room”RIVER rather than an area of private open space. THE VISIT
Details such as the proposedGEORGES fencing height and materiality of the fencing between
the manager’s private THE open PLEASE space and the northern side boundary have not accompanied the proposal.OF However it is unclear how the proposal can be “open” as COPY there is a conflict betweenDOCUMENT providing amenity of this space through screening and it being open to provide light and ventilation to the location. PRINTED A OFFICIAL IS THE THIS FOR
Figure 4: Extract of ground floor manager private open space located on the ground floor (Source: A to Z designs, 12 June 2020).
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20 - LPP042
Figure 5: Extract site plan with first floor and roof line above the manager’s private open space below (Source: A to Z designs, 12 June 2020).
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Figure 6: Extract of rear car parking area and shared zone (Source: A to Z designs, 12 June 2020).
Clause 30(h) - The proposal is deficient in the provision of providing the minimum motorbike and bicycle parking. In accordance with this clause, two (2) motorcycle spaces and two (2) bicycles spaces are required. The proposal is deficient by one (1) motorcycle space and one (1) bicycle space.
20. The proposal does not satisfy the requirements of Statement Environmental Planning Policy BASIX as the design does not comply with the submitted BASIX Certificate (10103904S_05 dated 12 June 2020) for maximum conditioned floor area (this does not exclude ensuites) and the provision of windows and skylights for each bathroom.
21. The proposal fails to satisfy the R2 Low Density Residential Zone objectives of the Hurstville Local Environmental Plan 2012 whereby the proposed design of the
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development is not responsive to the site, context and provides poor levels of amenity for future occupants and generates adverse impacts to adjoining properties due to poor
design. 20 - 22. The proposal has not provided two (2) accessible spaces in accordance with Section 3.3 Access and Mobility within Hurstville Development Control Plan No.1. Further the shared space that is proposed is not fit for purpose as it is located on grass and is obstructed by bicycle parking. LPP042
23. The application seeks the retention of one (1) tree on site, a Lophostemon Confertus located on the southern side of the rear car park. Council’s Consultant Arborist considers this tree is worthy of retention. Permeable paving has been provided around the base of this tree, however, as no arborist report has been submitted, it is unclear what design measures are required to ensure that the health of this tree can be ensured going forward. It is considered unlikely, given the lack of separation between the car park and the tree.
24. The proposal has provide insufficient and inadequate detail on the plans (elevations) in relation to cut and fill, ramping, hand rails, fencing within the site and the location of side boundaries with respect to the built form.
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25. The application has been assessed having regardPAPER. to the Matters for Consideration under Sections 8.2 and 4.15 of the Environmental Planning and Assessment Act 1979, the WEBSITE:
provisions of the relevant State EnvironmentalBUSINESS Planning Policies, Local Environmental Plans and Development Control Plans. RIVER
COUNCIL GEORGES 26. The review application satisfies theRIVER requirements of Section 8.2 Review of the Planning THE and Assessment Act 1979. The application is to be determined by the Local Planning VISIT
Panel as the original applicationGEORGES was determined by the Local Planning Panel. The review application is consideredTHE PLEASE to be substantially the same as the original proposal. This is discussed in furtherOF detail within the body of this report. COPY DOCUMENT 27. The proposal being a boarding house is a permissible use in the zone, however the PRINTED A OFFICIAL proposal fails to IS meet the requirements of SEPP (Affordable Rental Housing) 2009 in THE relation to communalTHIS open space, the manager’s private open space, motorcycle and bicycle spaces andFOR character test as outlined in Clause 30A.
28. The site has frontage to a classified road and pursuant to Clause 101 of State Environmental Planning Policy (Infrastructure) 2007, concurrence from Transport for NSW (TfNSW) is required. TfNSW has not provided concurrence.
29. The review application is therefore recommended for refusal and would require a substantial redesign to satisfactorily address the matters raised within the report.
Report in Full Description of the Proposal 30. The review application proposes the demolition works and the construction of a two (2) storey boarding house containing eleven (11) boarding rooms and one (1) Manager’s Room with at grade parking for seven (7) vehicles at the rear of the site, landscaping and site works.
31. In detail, the proposal is described as follows;
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- The front façade contains a centrally located entry door to the Managers office and
associated living quarters containing a kitchenette, bathroom, and bedroom forming 20 the on-site manager’s residence. The Manager’s area of private open space is - located along the northern side elevation beneath a cantilevered first floor level and roof overhang. The private open space is accessed via the Manager’s area and is adjacent to the resident access pathway. LPP042 - A second entry door for the boarding rooms is located on the northern side of the building being approximately 15.19m from the allotment frontage. The access is via series of ramps and landings.
- The ground floor contains four (4) boarding rooms and the communal living area with a communal room containing a laundry and kitchen located at the rear of the building. An access door in the rear elevation provides access and egress from the building to the car park and communal open space area at the rear.
- The first floor contains seven (7) boarding rooms organised either side of a central corridor.
- Each boarding room contains an ensuite and a kitchenette.
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- Vehicular access to the site is provided fromPAPER. King Georges Road from the south eastern corner of the site via a single lane driveway which widens to 6m for the WEBSITE:
extent of the front setback. At the rear BUSINESSof the site, a portion of this driveway contains permeable pavers adjacent to the tree RIVER to be retained. Seven (7) at grade parking
spaces, including one (1) accessibleCOUNCIL space and shared zone (located on a grassed GEORGES area), are provided parallel withRIVER the northern boundary of the site within the rear THE setback. VISIT
GEORGES - Two (2) motorbike spacesTHE PLEASEand two (2) bicycle spaces are proposed within the rear of the site. OF COPY DOCUMENT - Communal open space is located between the rear western elevation of the building PRINTED A OFFICIAL and hardstandIS car parking area. A seating area is shown on the landscape plans. THE There is noTHIS separation by way of fencing or planting between the communal open space and theFOR car park.
Description of the Site and Locality 32. The subject site is legally described as Lot 8 in DP 12478 and is known as 565 King Georges Road, Penshurst. The site is located on the western side of King Georges Road, approximately 40m from its intersection with Young Street (to the north).
33. The site forms rectangular shaped allotment. The site has an eastern frontage of 13.41m to King Georges Road, 62.91.5m along the northern side boundary, 13.41m along the western rear boundary, 62.91m along the southern side boundary with a total site area of 843.69sqm. The site is relatively flat, with the level difference between the rear boundary and the street level being approximately 1m.
34. King Georges Road in this location consists of four (4) traffic lanes (two in each direction) and a turning bay (on the opposite side of the road from the site) is identified as a Classified Road.
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35. A single storey masonry and tiled roof dwelling house is located at the front eastern end of the site. One (1) tree (Lophostemon Confertus) is located along the south eastern side
boundary towards the rear of the property. The existing vehicular access to the site is 20 provided via a driveway along the northern side boundary. There is a drainage outlet in - the kerb within the frontage of the site.
LPP042
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PAPER.
WEBSITE:
BUSINESS RIVER
Figure 7: The site (565 King Georges Road,COUNCIL Penshurst) as viewed from King Georges Road, Penshurst GEORGES (Source: GRC, July 2020). RIVER THE
VISIT
36. The site adjoins residential propertiesGEORGES on either side comprising of dwelling houses as shown in Figure 7 above. FurtherTHE PLEASE to the south of the site form dwelling houses on battle axe allotments and townhouses.OF The immediate surrounding visual catchment comprises COPY of dwelling houses are DOCUMENT zoned R2 Low Density Residential under the Hurstville Local Environmental Plan 2012. Beverly Hills Public School is located to the north east on the PRINTED A OFFICIAL opposite side of theIS road. THE THIS Section 8.2 Review ofFOR the Environmental Planning and Assessment Act 1979 37. The proposal has been considered in accordance with the applicable provisions within this subsection of the Act per below.
8.2 Determinations and decisions subject to review (1) The following determinations or decisions of a consent authority under Part 4 are subject to review under this Division— (a) the determination of an application for development consent by a council, by a local planning panel, by a Sydney district or regional planning panel or by any person acting as delegate of the Minister (other than the Independent Planning Commission or the Planning Secretary),
38. Comment: Council is in receipt of a Section 8.2 Review application (REV2020/0016) lodged on 12 June 2020 for refused development application (DA2019/0545).
(2) However, a determination or decision in connection with an application relating to the following is not subject to review under this Division—
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(a) a complying development certificate, (b) designated development,
(c) Crown development (referred to in Division 4.6). 20 (3) A determination or decision reviewed under this Division is not subject to further - review under this Division.
39. Comment: DA20109/0545 formed a development application which is therefore able to be reviewed under Section 8.2. LPP042
8.3 Application for and conduct of review (1) An applicant for development consent may request a consent authority to review a determination or decision made by the consent authority. The consent authority is to review the determination or decision if duly requested to do so under this Division.
40. Comment: Council is in receipt of a Section 8.2 Review application (REV2020/0016) lodged on 12 June 2020 for refused development application DA2019/0545.
(2) A determination or decision cannot be reviewed under this Division— (a) after the period within which any appeal may be made to the Court has expired if no appeal was made, or (b) after the Court has disposed of an appeal against the determination or decision.
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41. Comment: DA2019/0545 was refused by the LocalPAPER. Planning Panel on 21 May 2020. The Review application was lodged on 12 June 2020 which is within the 6 month period WEBSITE:
whereby an appeal may be made to the CourtBUSINESS (12 months under COVID). An appeal has not been lodged or disposed of in relation to RIVERthis development application.
COUNCIL GEORGES (3) In requesting a review, the applicantRIVER may amend the proposed development the THE subject of the original application for development consent or for modification of VISIT
development consent. TheGEORGES consent authority may review the matter having regard to the amended development,THE PLEASE but only if it is satisfied that it is substantially the same development. OF COPY DOCUMENT 42. Comment: The review has sought amendments to the design which relate to internal and PRINTED A OFFICIAL external changesIS to a proposed boarding house. The amended proposal is considered to THE be substantiallyTHIS the same as the original application (DA2019/0545) for the following reasons: FOR
- Development is sought for the construction and use of the building and site as a boarding house; - The proposed built form adopts a similar building topology as that of the previous design which comprises of a two (2) storey boarding house and managers room, driveway along the southern side boundary, hardstand car parking at the rear; - The proposal does not to increase the number of boarding rooms or number of boarders.
43. In regards the reasons for refusal of DA2019/0545, the applicant has sought the following amendments as part of this Review.
Refusal Reason No 1 - Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the State Environmental Planning Policy (Affordable Rental Housing) 2009 in terms of the following:
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(a) Cl.29(2)(b) – the landscape treatment of the front setback is incompatible with the
streetscape existing and what is envisaged by the planning controls. The streetscape 20 of the immediate locality is landscaped front yards of dwelling houses, with a single - driveway providing vehicular access to each site. The front setback of the proposal contains concrete pathways, ramps, landings and fencing around the Manager’s private open space area which is incompatible with the existing and desired streetscape for the locality. LPP042
44. Comment: The amended proposal has relocated the Manager’s private open space along the northern side boundary which has resulted in increased landscaped area within the front setback. The adequacy of the landscaping of the front setback is considered to be largely resolved.
(b) Cl.29(2)(c) – where a communal living room is provided, it must receive more than 3 hours sunlight between 9am and 3pm during midwinter. One communal living room is proposed on the ground floor at the rear of the building. The room has one west- facing window that will be overshadowed year round by the overhang of the first floor of the subject development which extends 5m past the western wall of the ground floor.
45. Comment: The communal living room has been relocated to the rear north west corner WWW.GEORGESRIVER.NSW.GOV.AU
which achieves compliant levels of solar access.PAPER.
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(c) Cl. 29(2)(d)(ii) – the Manager’s private BUSINESSopen space area must not be located within the front setback. The Manager’s privateRIVER open space area is located within the front
setback which adjoin King GeorgesCOUNCIL Road. GEORGES RIVER THE 46. Comment: The amended proposal has relocated the manager’s private open space along VISIT
the northern side boundary whichGEORGES has resulted in increased landscaped area. This issue considered to be largely resolved.THE PLEASE OF COPY (d) Cl.30A – the proposedDOCUMENT development is not consistent with the existing or desired future character of the locality with respect to the lack of landscaping and extent of PRINTED A OFFICIAL hard surfacesIS and structures located within the front setback, lack of articulation in THE the built form,THIS poor access arrangements within the development between the building andFOR parking area and communal open space.
47. Comment: The front setback is considered to be consist with the existing and desired future character of the locality as it is more in keeping with a low density residential zone.
Refusal Reason No 2 - Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the State Environmental Planning Policy (Infrastructure) 2007 in terms of the following:
(a) Clause 101 - Transport for NSW (formerly Roads and Maritime Service) has not granted concurrence to the proposed development as it has not been demonstrated that vehicles can simultaneously enter and exit the site safely.
48. Comment: Concurrence has not been provided by Transport for NSW as concerns were raised regarding impacts of queuing on King Georges Road due to the proposed single
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driveway layout and conflict between vehicles manoeuvring within the front setback. This is not resolved by this revised design.
20 Refusal Reason No 3 - Development Control Plan - Pursuant to Section 4.15(1)(a)(iii) - of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following sections of Chapter 3 of the Hurstville Development Control Plan No. 1: LPP042 (a) Chapter 3.3 Access and Mobility - the application fails to demonstrate accessible pedestrian access to the car park. (b) Chapter 3.5 Landscaping – the application fails to provide an adequate tree protection zone around the site tree to be retained to ensure its survival.
49. Comment: The proposal results in poor levels or access and mobility which have not been resolved by this revised design. Adequate consideration with respect to tree protection has not been satisfied.
Refusal Reason No 4 - Impacts on the Environment - Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is likely to have an adverse impact on the following aspects of the natural environment:
(a) The proposal fails to provide an adequate tree protection zone around the site tree WWW.GEORGESRIVER.NSW.GOV.AU
nominated to be retained to ensure its survival.PAPER.
WEBSITE:
50. Comment: No arborist report has been providedBUSINESS for Council’s consideration. Council’s Consulting Arborist has reviewed the proposalRIVER and does not support the proposal due to
adverse tree impacts. This issue has notCOUNCIL been resolved. GEORGES RIVER THE Refusal Reason No 5 - Impacts on the Environment - Pursuant to Section 4.15(1)(b) VISIT
of the Environmental PlanningGEORGES and Assessment Act 1979, the proposed development is likely to have an adverse impactTHE PLEASE on the following aspects of the built environment: OF COPY (a) The proposal in its currentDOCUMENT form is incompatible with the existing and desired future character in relation to the extent of hard surfaces in the front setback. PRINTED A OFFICIAL IS THE (b) The proposedTHIS boarding house does not provide future residents with adequate solar amenity to theFOR communal room.
(c) The development proposes very poorly located communal and private open space areas, adjacent to the car park and within the front setback to King Georges Road, which have little to no amenity for the residents or Manager of the boarding house.
51. Comment: The proposal has not provided adequate communal open space with respect to occupant amenity and functionality. This is unresolved.
Refusal Reason No 6 Suitability of Site - Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the site is not considered suitable for the proposed development as:
1. Safe vehicular entry and exit to and from the site has not been demonstrated.
2. The built form is excessively bulky for the size and dimensions of the site.
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3. The development fails to achieve suitable levels of amenity for future residents and adjoining allotments as a result of poorly located communal and private open space
areas and the access arrangements to the building. 20 - 4. The excessively long and un-articulated built form is out of character for the locality.
5. The information submitted with the application is inconsistent and contains insufficient detail to make a full and proper assessment, including the landscape plan LPP042 and plan of management.
52. Comment: The proposal has not adequately provided suitable vehicular and pedestrian access. The proposed design and layout is still unresolved and result in poor levels of amenity and functionality for future residents.
Refusal Reason No 7 - Public interest - Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is not considered to be in the public interest and is likely to set an undesirable precedent within the locality.
53. Comment: The proposal in not considered to be in the public interest as the proposal results in poor levels of occupant amenity and is of a bulk, scale and form that is inconsistent with the low density residential zone. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. (4) The review of a determination or decision made by a delegate of a council is to be WEBSITE:
conducted— BUSINESS (a) by the council (unless the determinationRIVER or decision may be made only by a local
planning panel or delegate of theCOUNCIL council), or GEORGES (5) The review of a determination RIVERor decision made by a local planning panel is also to THE be conducted by the panel. VISIT
GEORGES 54. Comment: DA2019/0545 wasTHE PLEASE determined by the Local Planning Panel. This Review application REV2020/0016OF is to be determined by the Local Planning Panel. COPY DOCUMENT State Environmental Planning Policies (SEPPs) PRINTED A OFFICIAL 55. Compliance with ISthe relevant SEPPs is summarised in the following table and discussed THE in further detailTHIS below. FOR SEPP Title Complies Greater Metropolitan Regional Environmental Plan No 2 – Georges River Yes Catchment State Environmental Planning Policy (Building Sustainability Index: No BASIX) 2004 State Environmental Planning Policy No 55 - Remediation of Land Yes State Environmental Planning Policy (Vegetation in Non-Rural Areas) Yes 2017 State Environmental Planning Policy (Infrastructure) 2007 No State Environmental Planning Policy (Affordable Rental Housing) 2009 No
Deemed State Environmental Planning Policy – Georges River Catchment 56. As the site slope from front to rear the stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and can drain to the street satisfying the relevant provisions of the Deemed State Environmental Planning
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Policy – Georges River Catchment. It is noted that the proposal seeks a drainage solution which is inconsistent with Council’s controls. This is discussed in further detail
within this assessment report. 20 - State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 57. The proposal does not satisfy the requirements of Statement Environmental Planning Policy BASIX. The design does not comply with the submitted BASIX Certificate (10103904S_05 dated 12 June 2020) for maximum conditioned floor area and the LPP042 provision of windows and skylights for each bathroom. Given the above the proposal has not provided sufficient details at the DA stage. In this regard, the requirements of the SEPP have not been reasonably satisfied.
State Environmental Planning Policy No 55 - Remediation of Land 58. SEPP 55 aims to promote the remediation of contaminated land in order to reduce the risk of harm to human health or any other aspect of the environment.
59. Clause 7 requires contamination and remediation to be considered in determining a development application. The consent authority must not consent to the carrying out of development on land unless it has considered whether or not the land is contaminated.
60. The site has a history of residential uses and as such, site contamination is not suspected. In this regard, no further assessment is warranted with regard to site WWW.GEORGESRIVER.NSW.GOV.AU
contamination. PAPER.
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State Environmental Planning Policy (VegetationBUSINESS in Non-Rural Areas) 2017 61. The Vegetation SEPP regulates clearing ofRIVER native vegetation on urban land and land
zoned for environmental conservation/managementCOUNCIL that does not require development GEORGES consent. RIVER THE
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62. The Vegetation SEPP applies GEORGESto clearing of: THE PLEASE a) Native vegetation aboveOF the Biodiversity Offset Scheme (BOS) threshold where a COPY proponent will requireDOCUMENT an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and PRINTED A OFFICIAL b) Vegetation belowIS the BOS threshold where a proponent will require a permit from THE Council if THIS that vegetation is identified in the council’s development control plan (DCP). FOR
63. The Vegetation SEPP repeals clause 5.9 and 5.9AA of the Standard Instrument - Principal Local Environmental Plan with regulation of the clearing of vegetation (including native vegetation) below the BOS threshold through any applicable DCP.
64. The proposed development does not involve the removal of any significant trees or vegetation. In this regard, the provisions of this SEPP are considered to be met.
65. The proposal and accompanying Landscape Plan has been considered by Council’s Consulting Arborist. An existing tree (Lophostemon Confertus) is located within the rear setback along the southern side boundary. Whilst being nominated for protection the proposed solution of permeable paving within 5m of the radius of the tree is unlikely to result in the retention and longevity of the mature tree due to the substantial change in the soil environment resulting from the hard surfaces proposed as part of this development. As such this revised proposal has not demonstrated that this option will appropriately retain the tree. No arborist report has been submitted for consideration in
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support of appropriate protection of the trees and the use of the permeable paving proposed. This forms part of the reasons for refusal of the application.
20 State Environmental Planning Policy (Infrastructure) 2007 - 66. The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State. The DA was referred to Ausgrid on 8 January 2020 in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. Ausgrid advised there are no issues with the proposal subject to as minimum clearance distances from LPP042 Ausgrid’s Infrastructure.
67. As the subject site is located on King Georges Road, Penshurst, this is a classified road which has a traffic volume of over 20,000 cars daily. An acoustic report has not been provided in relation to considerations under Clause 102 Impact of road noise or vibration on non-road development of the SEPP. The absence of such information for consideration would result in poor acoustic impacts for future occupants.
68. In this regard, the provisions and requirements of the Infrastructure SEPP have not been adequately satisfied.
State Environmental Planning Policy (Affordable Rental Housing) 2009 69. The proposal has been considered in accordance with the objectives of State Environmental Planning Policy (Affordable Rental Housing) 2009 of which the following WWW.GEORGESRIVER.NSW.GOV.AU
objectives have not been satisfied. PAPER.
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(a) to provide a consistent planning regimeBUSINESS for the provision of affordable rental housing. (b) to facilitate the effective delivery of newRIVER affordable rental housing by providing
incentives by way of expanded zoneCOUNCIL permissibility, floor space ratio bonuses and GEORGES non-discretionary development RIVERstandards. THE
VISIT
70. The above objectives have notGEORGES been satisfied as the proposal has not satisfied the development standards; theTHE proposal PLEASE is therefore inconsistent with the planning regime for the provision of affordableOF rental housing. COPY DOCUMENT 71. The proposal seeks consent for a boarding house pursuant to the provisions of the PRINTED A OFFICIAL SEPP, specificallyIS Division 3 – Boarding Houses. An assessment of the proposal against THE the relevant provisionsTHIS of the SEPP is provided in the following table below. FOR Clause Standards Proposal Complies 26 – Land to R1 General Residential Site is zoned R2 Yes which Division R2 Low Density Residential Low Density applies for the R3 Medium Density Residential Residential under purpose of a R4 High Density Residential the Hurstville boarding house B1 Neighbourhood Centre Local with consent B2 Local Centre Environmental Plan 2012 B4 Mixed Use 27 – (1) This Division applies to Noted. - Development to development, on land to which which Division this Division applies, for the applies purposes of boarding houses.
(2) Despite subclause (1), clauses The land is within Yes – refer 29, 30 and 30A do not apply to an accessible to
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development on land within area – refer to discussion Zone R2 Low Density comments below. below.
Residential or within a land use 20 zone that is equivalent to that - zone in the Sydney region unless the land is within an accessible area. LPP042 72. An accessible area is defined by Clause 4 of SEPP (ARH) 2009 as follows:
‘accessible area means land that is within: (a) 800ms walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or (b) 400m walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or (c) 400m walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.’
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73. The subject site satisfies the requirements of anPAPER. accessible area as defined in (c) above. A map and table outlining bus services within proximity to the site is provided below. The WEBSITE:
following services were operating at the timeBUSINESS of the preparation of this assessment report. RIVER Location Bus Route WalkingCOUNCIL Mon – Fri Saturday Sunday GEORGES of Bus DistanceRIVER Frequency Frequency Frequency THE Stop VISIT Cambridge M91 GEORGES<400m Complies Complies Complies Street and Towards THE PLEASE George Parramatta OF COPY Street M91 DOCUMENT <400m Complies Complies Complies
TowardsPRINTED A OFFICIAL HurstvilleIS THE THIS FOR
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20 - LPP042
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PAPER.
WEBSITE:
BUSINESS RIVER
COUNCIL GEORGES RIVER THE Figure 8: Map showing bus stops within 400mVISIT of the subject site (Source: Google Maps, 2020). GEORGES THE PLEASE Clause StandardOF Proposed Complies
29 - Standards that cannotCOPY be used to refuse consent Council cannot refuse aDOCUMENT development application for a boarding house under the ARHSEPP 2009 onPRINTED any of the following grounds: A OFFICIAL IS (1) Floor Space THE(a) If the density and scale of the 0.49:1 Yes THIS Ratio FOR buildings as a FSR is not more than the existing maximum FSR Proposed for any form of residential Ground floor = accommodation permitted (0.6:1 204sqm under HLEP2012) Site area = 843.62sqm First floor = Maximum = 506.17sqm 212sqm
Total = 416sqm (2) Height (a) If the building height is not more 7.9m Yes than the maximum height permitted under another EPI for RL56.20 any building on the land: Max 9m HLEP2012
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Landscaped (b) If the landscape treatment of the The proposed Yes Area front setback area is compatible Landscaped front
with the streetscape in which the setback area is 20 building is located now considered - to be generally consistent with the immediate visual catchment. LPP042 Solar Access (c) Where the development provides 3 hours of direct Yes for one or more communal living sunlight is rooms, if at least one of those achieved to the rooms receives a minimum of 3 communal room hours direct sunlight between which contains 9am and 3pm in mid-winter windows within the northern elevation. Private Open (d) if at least the following private Space open space areas are provided (other than the front setback area):
(i) one area of at least 20sqm 16sqm at rear of No, refer WWW.GEORGESRIVER.NSW.GOV.AU
with a minimum dimensionPAPER. of the communal to
3m is provided for theWEBSITE: use of room which does discussion
the lodgers, BUSINESS not provide the below. RIVER minimum COUNCIL dimension of 3m. GEORGES RIVER This space THE excludes the VISIT GEORGES grassed shared THE PLEASE space to facilitate OF accessible COPY DOCUMENT access to car space No 1. PRINTED A OFFICIAL IS THE THIS (ii) if accommodation is 9sqm along the Yes, FOR provided on site for a northern side however boarding house manager— boundary with a amenity of one area of at least 8sqm minimum of this space with a minimum dimension of dimension of is poor. 2.5m is provided adjacent to 2.5m achieved Refer to that accommodation. adjacent to the discussion boarding house below; manager’s room. Comments on private open space areas The proposal provides inadequate communal open space of just 16sqm and does not achieve the minimum dimension of 3m once the shared space is excluded. It is further noted that no separation is provided between the car park and the communal open space area resulting in a poorly defined space of limited usability.
The Manager’s private open space area is located along the northern side elevation beneath the first floor roof line which cantilevers the private open space. A fence (of
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indeterminate height but to provide privacy would need to be a minimum of 1.5m in height) separates this space from the access way to the entry of the building, effectively
providing a space that is not ‘open’, being enclosed by the building on 3 sides. The area 20 is of poor quality being self-overshadowed, and lacking in outlook. - (e) Parking (iia) 0.5 parking spaces provided for 7 spaces located Yes each boarding room (11 within the rear boarding rooms x 0.5 = 5.5 setback. spaces which is rounded up to LPP042 6 spaces)
(iii) Not more than 1 parking space 7 spaces located Yes is provided for each person within the rear employed in connection with setback; however the development and who is the boarding resident on site house manager’s space has not been specifically nominated, but appears to have been included in the design given the number of WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. spaces provided. This could be WEBSITE:
BUSINESS conditioned if the RIVER application was COUNCIL to be supported. GEORGES (f) Each boarding roomRIVER has a gross 1 - 18sqm Yes THE Accommodation floor area (excluding any area used 2 - 17sqm VISIT size for the purposesGEORGES of private kitchen 3 - 15sqm or bathroomTHE PLEASE facilities) of at least: 4 - 19sqm OF 5 - 17sqm COPY (i) 12sqmDOCUMENT in the case of a boarding 6 - 18sqm room intended to be used by a 7 - 17sqm PRINTED A OFFICIAL IS single lodger, or 8 - 19sqm THE THIS (ii) 16sqm in any other case 9 - 24sqm FOR 10 - 19sqm (*Note: The area included “space” 11 - 18sqm next to the kitchens. Note that these All rooms have kitchens are about 2m in width, been proposed therefore excluding these areas as double rooms would still result in each boarding with the room complying with the minimum exception of area required) room No.3 which is to accommodate a single lodger. Clause 30 – Standards for Boarding Houses A consent authority must not consent to development for boarding houses unless it is satisfied of each of the following: Communal (a) If a boarding house has 5 or As the proposal Yes living more boarding rooms, at least seeks eleven
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one communal living room will (11) boarding be provided rooms, one (1)
communal room 20 is provided on - the ground floor at the rear of the building. Size of (b) No boarding room will have a 1 – 18sqm Yes LPP042 boarding rooms gross floor area (excluding any 2 - 17sqm area used for the purposes of 3 - 15sqm private kitchen or bathroom 4 - 19sqm facilities) of more than 25sqm 5 - 17sqm 6 - 18sqm 7 - 17sqm 8 - 19sqm 9 - 24sqm 10 – 19sqm 11 - 18sqm
It is noted that the Managers room is not WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. considered to form a boarding WEBSITE:
BUSINESS room. Maximum (c) No boarding room willRIVER be All rooms are to Yes occupancy occupied by moreCOUNCIL than 2 adult accommodate 2 GEORGES lodgers RIVER adult lodgers with THE the exception of VISIT GEORGES Room No.3. Kitchen and (d) AdequateTHE PLEASE bathroom and All boarding Yes bathroom kitchenOF facilities will be rooms have COPY facilities availableDOCUMENT within the boarding kitchen and house for the use of each ensuite facilities. PRINTED A OFFICIAL IS lodger THE Boarding houseTHIS (e) If the boarding house has A Manager’s Yes manager FOR capacity to accommodate 20 or Room is located more lodgers, a boarding room at the front or on site dwelling will be eastern end of provided for a boarding house the building on manager the ground floor. Bicycle and (h) At least one parking space will Two (2) No motor cycle be provided for a bicycle, and motorcycle spaces one will be provided for a spaces and motorcycle, for every 5 two (2) bicycle boarding rooms (11/5 = 2.2) spaces provided. Therefore (rounding up) 3 The proposal is motor cycle spaces and 3 deficient one (1) bicycle spaces are required. motorcycle and one (1) bicycle space. 30AA Boarding houses in Zone R2 Low Density Residential
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A consent authority must not grant development Eleven (11) Yes consent to a boarding house on land within Zone R2 boarding rooms
Low Density Residential or within a land use zone that are proposed as 20 is equivalent to that zone unless it is satisfied that the part of this - boarding house has no more than 12 boarding rooms. proposal.
Clause 30A – Character of local area 74. Clause 30A states that Council cannot grant consent to a boarding house unless it has LPP042 taken into consideration whether the design of the development is compatible with the character of the local area.
75. Case law has held that the test in Clause 30A is “one of compatibility not sameness” (Gow v Warringah Council [2013] NSWLEC 1093 (15 March 2013)). Compatibility is widely accepted to mean “capable of existing together in harmony” (Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191.
76. It has also been held that in assessing ‘compatibility’ both the existing and future character of the local area needs to be taken into account (Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 (2 April 2013) and Revelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029).
Relationship to the Existing and Future Character of the Local Area WWW.GEORGESRIVER.NSW.GOV.AU
77. In Revelop Projects Pty Ltd v Parramatta PAPER. City Council [2013] NSW LEC 1029, Commissioner Morris concluded that the ‘local area’ includes both sides of the street and WEBSITE:
the ‘visual catchment’ as the minimum areaBUSINESS to be considered in determining compatibility. RIVER 78. The ‘local area’ in this case is taken toCOUNCIL include the western side of King Georges Road GEORGES and the immediate surrounding streetsRIVER within the visual catchment. Within this local area, THE development is primarily characterised by single and two (2) storey dwelling houses or VISIT varying architectural styles andGEORGES designs. THE PLEASE 79. In Project Venture DevelopmentsOF v Pittwater Council [2005] NSWLEC 191 the Land and COPY Environment Court specificallyDOCUMENT set out a relevant planning principle. Consideration has therefore been given to the two key questions identified in the Land and Environment PRINTED A OFFICIAL Court Planning Principles:IS THE THIS (a) Are the proposal’sFOR physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.
80. The building form proposed adopts a similar building typology to that of a two (2) storey dwelling house. It is noted that the location and design of the car park on the site, is not inconsistent with the design of developments adjoining, where their car parking is located to the rear or side of dwellings on sites fronting King Georges Road in this location.
81. The proposal is compatible with the adjoining sites in terms of front setback treatment, with appropriate landscaping provided to soften the streetscape impact of the proposal. However, the rear car park, failing as it does to provide any adequate landscape buffer to the communal open space of adjoining properties results in amenity, noise, and visual impacts upon the private open space areas of the adjoining properties.
82. The proposal in its current form will likely result in adverse impacts to the health of the existing tree in the rear yard (southern boundary) due to encroachments and alteration to
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 89
its tree protection and structural root zone. A loss of, or decline in health of this tree would adversely impact upon the outlook of adjoining properties.
20 83. Finally, the location of the proposed access path to the boarding house, down a side - setback in close proximity to the adjoining dwelling to the north will impose adverse acoustic impacts on the adjoining dwelling. This is a consequence of the internal layout selected for the proposal. LPP042 (b) Is the proposal’s appearance in harmony with the buildings around it and the character of the street?
84. The proposal in its current form is considered to result in a form that is inconsistent with the surrounding development. Although the street address and approximate envelope of the built form proposed is considered acceptable, the lack of an appropriate buffer between the rear car park and adjoining areas of private open space, the potential impacts of the proposal on the existing significant tree, and the location of the communal access pathway will all result in visual and other impacts inconsistent with surrounding development.
Draft State Environmental Planning Policies (SEPPs)
Draft Environment SEPP WWW.GEORGESRIVER.NSW.GOV.AU
85. The Draft Environment SEPP was exhibited fromPAPER. 31 October 2017 to 31 January 2018. This consolidated SEPP proposes to simplify the planning rules for a number of water WEBSITE:
catchments, waterways, urban bushland, andBUSINESS Willandra Lakes World Heritage Property. RIVER
86. Changes proposed include consolidatingCOUNCIL the following seven existing SEPPs: GEORGES RIVER THE State Environmental Planning Policy No. 19 – Bushland in Urban Areas VISIT State Environmental PlanningGEORGES Policy (Sydney Drinking Water Catchment) 2011 State Environmental PlanningTHE PLEASE Policy No. 50 – Canal Estate Development OF Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment COPY Sydney Regional EnvironmentalDOCUMENT Plan No. 20 – Hawkesbury-Nepean River (No.2-
1997) PRINTED A OFFICIAL Sydney RegionalIS Environmental Plan (Sydney Harbour Catchment) 2005 THE THIS Willandra LakesFOR Regional Environmental Plan No. 1 – World Heritage Property
87. The proposal is not inconsistent with the provisions of this Draft Instrument.
Draft Remediation of Land SEPP 88. The Department of Planning and Environment has announced a Draft Remediation of Land SEPP, which will repeal and replace the current State Environmental Planning Policy No 55 — Remediation of Land.
89. The main changes proposed include the expansion of categories of remediation work which requires development consent, a greater involvement of principal certifying authorities particularly in relation to remediation works that can be carried out without development consent, more comprehensive guidelines for Councils and certifiers and the clarification of the contamination information to be included on Section 149 Planning Certificates.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 90
90. Whilst the proposed SEPP will retain the key operational framework of SEPP 55, it will adopt a more modern approach to the management of contaminated land. The Draft
SEPP will not alter or affect the findings in relation to contamination at the site. 20 - 91. The site has a history of residential uses and as such, site contamination is not suspected. In this regard, no further assessment is warranted with regard to site contamination. LPP042 Environmental Planning Instruments
State Environmental Planning Policy (Infrastructure) 2007 92. Clause 101 of the SEPP relates to sites having a frontage to a classified road and states:
(2) The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that— (a) where practicable and safe, vehicular access to the land is provided by a road other than the classified road, and (b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of— (i) the design of the vehicular access to the land, or (ii) the emission of smoke or dust from the development, or (iii) the nature, volume or frequency of vehicles using the classified road to gain WWW.GEORGESRIVER.NSW.GOV.AU
access to the land, and PAPER.
WEBSITE:
93. The subject site is located on King GeorgesBUSINESS Road, Penshurst and the concurrence of Transport for NSW (TfNSW and formerly knownRIVER as the RMS) is required. On 14 July
2020, TfNSW provided correspondenceCOUNCIL to Council which detailed the following: GEORGES RIVER THE “TfNSW has reviewed the submitted information and notes that Council refused the initial VISIT
DA2019/0545 making this a reviewGEORGES of determination application. TfNSW did not provide its concurrence under SectionTHE PLEASE 138 of the Roads Act 1993 for DA2019/0545 and reiterates our previous stanceOF and response for the following reason: COPY DOCUMENT The one way access is considered to promote high unmitigated conflict between PRINTED A OFFICIAL entering and ISexiting vehicles. THE The arrangementTHIS can potentially lead to unacceptable queuing on King Georges Road”. FOR
94. Further clarification from TfNSW raised concerns regarding impacts of queuing on King Georges Road due to the proposed single driveway layout and conflict of vehicles manoeuvring within the front setback.
95. Pursuant to Clause 101 of the SEPP, the proposal fails to demonstrate vehicles can safely enter and exit the site simultaneously as a result TfNSW has not provided concurrence, this forms one of the reasons for refusal of the application.
Hurstville Local Environmental Plan 2012 (HLEP 2012) Zoning 96. The subject site is zoned R2 Low Density Residential pursuant to the provisions of the Hurstville Local Environmental Plan 2012 (HLEP 2012). The proposed development satisfies the standard definition as a “boarding house”. A boarding house is a permissible land use in the R2 Low Density Residential Zone within the LEP.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 91
20 - LPP042
Figure 9: Zoning map
WWW.GEORGESRIVER.NSW.GOV.AU 97. The proposal fails to satisfy the objectives of thePAPER. R2 Low Density Residential zone are
as follows: WEBSITE: BUSINESS RIVER • To encourage development of sites for a range of housing types, where such COUNCIL development does not compromiseGEORGES the amenity of the surrounding area, or the RIVER natural or cultural heritage of the THEarea.
• To ensure that a high level of residentialVISIT amenity is achieved and maintained. • To encourage greater visualGEORGES amenity through maintaining and enhancing landscaping THE PLEASE as a major element in OFthe residential environment.
COPY DOCUMENT
PRINTED A OFFICIAL IS THE THIS FOR
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 92
Figure 10: Extract of access to boarding rooms through side access ramp along northern side boundary.
98. The proposal seeks two entrances into the boarding house, one through the Manager’s 20
room and the other, a lengthy ramped path down the northern side setback. -
99. The entry sequences are convoluted and impacts on the design quality of the development. LPP042 100. The location and design of the access way result in limited opportunities for passive surveillance of the entry door and access arrangement, and results in a blind spot along the return adjacent to the manager’s private open space. The path location prevents provision of a workable and private managers open space in this location.
WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
WEBSITE: Figure 11: Ground floor extract of proposed internal common circulation. BUSINESS RIVER
COUNCIL GEORGES RIVER THE
VISIT
GEORGES
THE PLEASE OF
COPY DOCUMENT
PRINTED A OFFICIAL IS THE THIS Figure 12: First floorFOR extract of proposed internal common circulation.
101. The proposed layout on both the ground floor and first floor result in poor levels of occupant amenity as no natural light or ventilation is achieved within the common circulation areas. This is not considered to result in a high level of residential amenity being achieved as it is a sterile environment with no natural light or visual access outside.
102. In addition to the above, windows and skylights have not been integrated with the proposal which is inconsistent with the submitted BASIX Certificate commitments.
103. Given the above the proposal fails to satisfy the objectives of the R2 Low Density Residential Zone and results in a poor planning outcome.
104. The extent to which the proposal complies with the relevant standards of Hurstville Local Environmental Plan 2012 (HLEP2012) is outlined in the table below.
HLEP 2012 Standard Proposed Complies
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 93
Clause
2.2 Zone R2 Low Density The proposal meets the definition Yes Residential of boarding house which is a 20 permissible use within the zone. - 2.3 Objectives of the Zone As discussed earlier the proposal No Objectives is not consistent with the zone objectives. LPP042 4.3 – Height 9m as identified on 7.9m Yes of Buildings Height of Buildings Map RL56.20 4.4 – Floor 0.6:1 as identified on 0.49:1 Yes Space Ratio Floor Space Ratio Map Proposed Site area = 843.62sqm Ground floor = 204sqm First floor = 212sqm Total = 416sqm 4.5 – FSR and site area The FSR has been calculated Yes Calculation calculated in accordingly as per the criterion of of floor accordance with Cl.4.5 this clause. space ratio and site area 5.10 – The objectives of this The proposal does not adjoin any N/A
Heritage clause are; environmentalWWW.GEORGESRIVER.NSW.GOV.AU heritage item Conservation (i) to conserve the nominatedPAPER. under HLEP 2012. environmental WEBSITE: BUSINESS heritage of Kogarah, RIVER (ii) to conserve the COUNCIL heritage GEORGES RIVER significance of THE heritage itemsVISIT and heritage GEORGES THE PLEASE conservationOF areas,
includingCOPY associated fabric,DOCUMENT settings and PRINTEDviews. A OFFICIAL IS 6.1 Acid TheTHE objective of this The site is not affected by Acid N/A THIS Sulphate FORclause is to ensure that Sulfate Soils under HLEP 2012. Soils (ASS) development does not disturb, expose or drain acid sulfate soils and cause environmental damage 6.2 To ensure that Minimal earthworks are proposed Yes Earthworks earthworks do not have to accommodate the boarding a detrimental impact on house, driveway and on-site environmental functions detention which is a requirement and processes, of this development. neighbouring uses, cultural or heritage items or features of the surrounding land
Draft Georges River Local Environmental Plan 2020
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 94
105. Consideration is given to the provisions of Draft Georges River Local Environmental Plan 2020 in the assessment this application.
20 106. In this regard, the provisions have no determining weight as a result of proposed - operation of Clause “1.8A Savings provisions relating to development applications” of the Draft Plan which provides “If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application LPP042 must be determined as if this Plan had not commenced.”
Development Control Plan Hurstville Development Control Plan No. 1 (HDCP) 107. The proposal has been considered in accordance with the relevant chapters of the HDCP No. 1 below.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.1 VEHICLE ACCESS, PARKING AND MANOEUVRING 108. The car parking rates set out within the State Environmental Planning Policy (Affordable Rental Housing) 2009 supersedes the DCP requirements.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.3 ACCESS AND MOBILITY WWW.GEORGESRIVER.NSW.GOV.AU
109. The development has been assessed against PAPER. the key requirements of Section 3.3 as provided below. WEBSITE:
BUSINESS Places of Standard RIVERProposal Complies Shared COUNCIL GEORGES Accommodation RIVER THE Adaptable 1 accessible room per 2 x accessible rooms (R1, Yes VISIT dwellings 5 guests/tenantsGEORGES R2) and 2 x adaptable bedroomsTHE PLEASE or part (R3, R4) rooms are thereofOF – proposed. COPY (21 DOCUMENTtenants /11 bedrooms) = 3 required It is noted that adaptable PRINTED A OFFICIAL IS rooms are located on the THE THIS ground floor and R3 FOR contains a bathroom which is of a reasonable size which could form an accessible unit. In total 3 accessible units can be provided. Access Access in accordance Access is provided No requirements with AS1428 for all through the side entrance persons through the along the northern side of principal entrance of the site. This entrance is the building and to the principle entrance for common areas the residents (maximum 21 lodgers) meets this standard.
Access from the principle
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 95
resident entrance to the car parking is via a
pathway along the 20 northern side of the - building which is indicated as stepping stones over grass which is not in accordance with the LPP042 Australian Standard.
The proposal has not provided a lift to provide access between the ground floor and the first floor to which access is not available for all to this level. As a result the application is proposing to accommodate all accessible rooms and services on the ground floor. As present the WWW.GEORGESRIVER.NSW.GOV.AU
designPAPER. does not comply with the relevant WEBSITE:
BUSINESSAustralian Standards. Accessible car 1 parking space per 10 RIVERThe proposal is 1 space No space rooms or part thereofCOUNCIL – deficient. 1 space is GEORGES 1.2 required (roundedRIVER proposed however THE up to 2) suitable access to the VISIT GEORGES parking space in THE PLEASE accordance with AS1428 OF is not provided given the COPY DOCUMENT materiality and the proposed dual use of this PRINTED A OFFICIAL IS space being the shared THE THIS zone and the soft FOR landscaping adjacent to the private open space.
110. The application fails to provide sufficient accessible parking, or an adequate shared area for the single space provided, and does not demonstrate adequate direct accessible pedestrian access between the boarding house and the car park. This forms one of the reasons for refusal of the application.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN 111. The proposal has been considered in accordance with the relevant provisions. The proposal allows for limited passive and casual surveillance to and from the street to the entry along the northern side elevation (boarders entry from King Georges Road). A more suitable and appropriate location would be along the front eastern façade facing King Georges Road and the public domain. The current entrance within the front façade services the manager’s room only.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 96
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 LANDSCAPING 112. A Landscape Plan was reviewed as part of this proposal however as previously
addressed within this report the proposed impervious paving around the tree is not 20 supported by Council’s Consulting Arborist as it is likely to adversely impact upon the - health of the affected tree which is considered to be significant and worthy of retention.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 STORMWATER 113. The proposed drainage arrangement is by gravity to an outlet in the street via an OSD LPP042 system located under the driveway. Council’s Development Engineer has assessed the proposal and provided the following comments:
“Stormwater Management Policy Chapter 3 Section. 3.3(e) - stormwater disposal for this development type warrants connection to an underground drainage system, (not to the kerb outlet in the gutter). The street drainage system in King Georges Road is approximately 45 metres south east of the site, hence RMS’s drainage system would need to be extended that distance”
114. On that basis, the proposal has not provided an adequate stormwater disposal system.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4 – SPECIFIC CONTROLS FOR RESIDENTIAL DEVELOPMENT 115. Council’s Development Control Plan does not contain any specific controls for boarding WWW.GEORGESRIVER.NSW.GOV.AU
house developments. PAPER.
WEBSITE:
DEVELOPMENT CONTROL PLAN NO 1 – LGABUSINESS WIDE – APPENDIX 1 – SECTION 7 WASTE MANAGEMENT RIVER
116. A Waste Management Plan has beenCOUNCIL submitted with the application which states 4 x GEORGES 240L general waste bins, 3 x 240LRIVER recycling bins and 3 x 240L green waste bins are THE provided in the bin area shown on the Site Plan and the owners are responsible for VISIT
placing bins on the kerb to be GEORGEScollected by the Council’s waste collection service. THE PLEASE 117. The site plan submitted OF with this application indicates waste storage areas located COPY adjacent to the south westDOCUMENT corner of the communal room in the passing bay area of the driveway. This location compromises the functionality of this location. PRINTED A OFFICIAL IS THE DEVELOPMENT CONTROLTHIS PLAN NO 1 – LGA WIDE – APPENDIX 1 – SECTION 8 ENERGY EFFICIENCY FOR 118. The development will be captured by Section J of the BCA concerning energy efficiency.
DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – APPENDIX 1 – SECTION 9 PRESERVATION OF TREES AND VEGETATION 119. The proposed impervious paving around the Lophostemon Confertus is considered to result in adverse health impacts on this tree.
DEVELOPER CONTRIBUTIONS 120. A boarding house requires payment of developer contributions under Section 7.12 of the Environmental Planning and Assessment Act 1979. The proposal is not recommended for support as a result contributions have not been levied.
IMPACTS Natural Environment 121. A Landscape Plan was submitted with the application; however the single tree located on the site and its proposed retention will be impacted by the proposed driveway. No
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 97
arborist report has been provided in support of the proposed permeable paving in relation to impacts to the tree. Council’s Consulting Arborist’s assessment of the proposal
concludes that the proposed permeable paving will have an adverse impact on this tree. 20 The failure to provide adequate protection of the single existing tree on the site due to the - location and extent of the driveway is unacceptable and is considered to contribute to development which is not responsive to the site.
Built Environment LPP042 122. The proposal in its current form is considered to result in a poor built form and internal functionality which results in adverse traffic impacts, amenity impacts on adjoining properties and reduced occupant amenity.
123. The design is considered to be poor in terms of the layout of the Manager open space, the lack of measures to protect the existing tree, the provision of a compromised communal open space area, the location of the main communal entry and the provision of car parking at the rear of the site without any adequate landscape buffer which is characteristically occupied by open space and landscaping in residential areas. Furthermore the proposed bin storage area and access to this area is likely to result in vehicular conflicts in relation to vehicle manoeuvrability at the rear of the site.
124. The proposed boarding house provides limited levels of occupant amenity which provides poor access to light and ventilation, unclear way finding and lack of shared space. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. 125. The primary resident access into the building is located to the northern side of the WEBSITE:
building, with access to the car park at theBUSINESS rear also located along the northern side passage. This side pathway does not meetRIVER access requirements for all residents and
visitors and does not meet CPTED principlesCOUNCIL by virtue of the limited surveillance of the GEORGES area. The inability to provide safe andRIVER equitable pedestrian and vehicular access forms a THE reason for refusal. VISIT
GEORGES 126. The side passage and residentTHE PLEASE entrance generates adverse impacts on the neighbour to the north whereby pedestrianOF traffic which will adversely impact the amenity of the COPY neighbour in relation to noiseDOCUMENT and privacy. The proposed siting and orientation of the car parking along the northern side boundary is considered to result in adverse light spill PRINTED A OFFICIAL generated by headlightsIS of vehicles, furthermore the northern entrance is likely to be lit THE with lighting toTHIS assist with navigation and way finding along the northern side boundary. These elementsFOR result in unacceptable impacts upon the neighbours as well as future occupants of the boarding house.
127. In addition, the proposal has not provided adequate information on the elevations with respect to spot levels, natural ground levels and property boundaries.
Social Impact 128. No adverse social impacts have been identified as part of the assessment given the residential nature sought. It is noted that the submitted plan of management makes reference to ‘no cooking within the boarding rooms’ however a kitchen has been provided within each boarding room which makes the use of these facilities unusable. In this regard, the proposal has provided inconsistent information.
Economic Impact 129. There is no apparent adverse economic impact given the residential use of the proposal.
Suitability of the site
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130. The site is zoned R2 – Low Density Residential under the Hurstville Local Environmental Plan 2012. A boarding house is a permissible form of development in this zone however the
proposal fails to meet a number of standards of the State Environmental Planning Policy 20 (Affordable Rental Housing) 2009 which adversely affects the amenity of the development - for future occupants. The vehicular access to and from the site fails to satisfy the requirements of Transport for NSW and is convoluted and proposes compromised manoeuvrability. For these reasons, and others discussed throughout this report, the application is not supported and is recommended for refusal. LPP042
SUBMISSIONS AND THE PUBLIC INTEREST 131. The application was neighbour notified in accordance with Hurstville DCP No. 1 between 29 June and 13 July 2020. In response, one (1) submission containing eight (8) signatures was received as a result of the notification period. The key issues raised have been addressed below.
Insufficient motorbike or bicycle parking 132. Officer Comment: The proposal is deficient by one (1) motorcycle and one (1) bicycle space. There is limited space within the development to be able to accommodate these additional spaces without affecting other elements of the development.
Poor amenity for future residents and not consistent with R2 Low Density Residential Objectives WWW.GEORGESRIVER.NSW.GOV.AU
133. Officer Comment: The proposal results in poor PAPER.levels of occupant amenity and results in outcome which is inconsistent with the zone objectives. Furthermore the proposal does WEBSITE:
not comply with the Development StandardsBUSINESS within SEPP (ARH) 2009. It is acknowledged this development form is permissibleRIVER in this zone, however the application
before the Panel is poorly planned havingCOUNCIL regard to the constraints of the site. GEORGES RIVER THE Poor passive surveillance opportunities VISIT
134. Officer Comment: The communalGEORGES open space is directly adjacent to the communal room and allows for opportunitiesTHE PLEASE for passive natural surveillance, however the manager’s private open space which OFis enclosed by the built form and fencing does not provide any COPY opportunities for natural DOCUMENT passive surveillance there are no sightlines into this area. The main entrance along the northern side boundary is not clearly visible from the public PRINTED A OFFICIAL domain as this IS is obstructed by the two (2) storey building and fencing. This main THE entrance containsTHIS limited opportunities for natural passive surveillance due to the proposed “L” shapeFOR access pathway leading from the public domain to the entrance of the building for the lodgers.
135. In addition, the location of the entrance along the northern side boundary for the lodgers is considered to result in poor sight lines and detracts from opportunities for passive natural surveillance.
Safety for neighbours relating to future residents 136. Officer Comment: This is not a planning consideration matter. A plan of management accompanies the review application in relation to house rules which makes reference to maintaining an incident register. This is considered to be adequate. (note: it does not specifically make reference ‘to non-compliance of house rules’ regarding disciplinary action or eviction within the submitted POM). The Plan of Management is considered to be deficient.
Overlooking impacts on neighbour property in particularly window R8 along the northern side elevation.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 99
137. Officer Comment: The windows in the side elevations of the proposal adopt a reasonable size, location and dimension and are not considered to result in any unreasonable
material privacy impact to adjoining properties. 20 - Noise impacts on neighbours generated by the use in particular due to the location of the side entry. 138. Officer Comment: The proposed boarding house entry along the northern side boundary is considered to result in adverse noise impact given this is the primary entrance to the LPP042 building for the 21 lodgers as there is a minimal setback in this location.
Overpopulation 139. Officer Comment: The proposal seeks development consent for twenty one (21) boarders and one (1) boarding house manager which complies with the lodger requirements of SEPP (ARH) 2009 of which limits the number of lodgers to two adults per room in an R2 zone.
Commercial activities within the zone 140. Officer Comment: A boarding house forms a permissible residential use within the R2 Low Density Residential Zone within the Hurstville Local Environmental Plan 2012. Although leased on a commercial basis, it is a residential land use.
Waste bins blocking vehicular sight lines when placed on kerb for collection WWW.GEORGESRIVER.NSW.GOV.AU
141. Officer Comment: As waste bins are required toPAPER. be collected from the kerb, obstructions to and from the public domain maybe temporarily obscured during routine collection WEBSITE:
however this is not considered to be unreasonableBUSINESS as it is a requirement to service this development. RIVER
COUNCIL GEORGES Noise impact generated by car parkingRIVER area THE 142. Officer Comment: As the proposal seeks a hard stand car park at the rear, this design is VISIT
considered to result in adverseGEORGES amenity noise impacts to adjoining residential properties as there is no ‘buffer’ incorporatedTHE PLEASE into the development to mitigate or address this issue. OF COPY Overshadowing impact DOCUMENT 143. Officer Comment: The proposed built form is considered unlikely to result in PRINTED A OFFICIAL unreasonable overshadowingIS impacts given the setback and built form which generally THE aligns with a twoTHIS storey dwelling house. As the site is orientated on an east to west, overshadowing FOR to some degree to the adjoining southern property is considered to be unavoidable. The location of the driveway between the boarding house and the southern side boundary provides the reasonable spatial separation to the south. Furthermore, it is noted that a two storey dwelling house could be situated closer to the southern boundary which would result in a greater overshadowing impact than that generated by the proposal in relation to setbacks.
REFERRALS Council Referrals
Consultant Arborist 144. Council’s Consultant Arborist had commented on the proposed retention of the Lophostemon Confertus as per below;
“the revised plans still have paving up close to the tree, albiet with a 5m radius type area of permeable paving.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 100
No Arborist Report has been provided relating to the subject tree located on site and
another tree located within the adjacent site at the rear. 20 - The issue with using “permeable paving” around an aged tree is the change in hydrological factors that would be encountered from covering up not only the Structural Root Zone, but the entire TPZ. Permeable paving means water may LPP042 permeate through holes allocated within segmental paving units and therefore moisture can be readily available for the roots uptake. Permeable paving does have its benefits, BUT when used around young trees that for their age are robust and having high levels of vitality and adaptation to their surroundings. This tree currently has survived its entire life with surrounds that are totally permeable through grass and not being restricted, excessively with hard structures”
145. Comment: The proposed impervious paving is considered to result in unacceptable impacts to the health of the Lophostemon Confertus and is not supported. This forms a reason for refusal.
Development Engineer 146. The application was referred to Council’s Development Engineer. The proposal seeks to drain through the inlet in the kerb and gutter. Council’s controls require an underground connection to the infrastructure within the roadway. In order achieve this the pipe would WWW.GEORGESRIVER.NSW.GOV.AU
need to extend 45m and connect into TfNSWPAPER. drainage system. In this regard, the
proposal is not supported. WEBSITE:
BUSINESS Traffic Engineer RIVER 147. The application was referred to Council’sCOUNCIL Traffic Engineer for comment, the assessment GEORGES RIVER resulted in the application not beingTHE able to be support for reasons consistent with the
comments made by TfNSW with respectVISIT to vehicular access, queuing etc to a classified road. GEORGES THE PLEASE Environmental Health Officer OF COPY 148. Council’s EnvironmentalDOCUMENT Health Officer has commented that an acoustic report is required for consideration under Clause 102 - Impact of Road noise or vibration on non- PRINTED A OFFICIAL road developmentIS under SEPP (Infrastructure) 2007. This information was not supplied THE with the applicationTHIS and given the other concerns with the design of the application, this information wasFOR not requested.
External Referrals
Ausgrid 149. The application was referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. No comments were received upon finalisation of this assessment report.
150. The application was referred to TfNSW for comment who have not provided concurrence under the Roads Act 1993. They raised concerns regarding traffic impacts on the basis of: “the one way access is considered to promote high unmitigated conflict between entering and exiting vehicles and that the arrangement can potentially lead to unacceptable queuing on King Georges Road, Penshurst”.
CONCLUSION
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 101
151. The proposal has been assessed in accordance with Section 8.2 (1) of the Environmental Planning and Assessment Act, 1979. As discussed within this assessment report, the
proposal fails to meet a number of the minimum standards in State Environmental 20 Planning Policy (Affordable Rental Housing) 2009. The proposal also fails to meet a - number of matters referenced in the Development Control Plan relating to accessibility, tree protection and vehicular access to the site, resulting in adverse environmental and amenity impacts. The proposed development in its current form is not considered to be suitable for the site or the immediate context. LPP042
152. The application is recommended for refusal for the reasons outlined below.
DETERMINATION AND STATEMENT OF REASONS Statement of Reasons 153. The reasons for this recommendation are:
The proposal does not satisfy Section 1.3 Objects of the Act of the Environmental Planning and Assessment Act 1979 whereby the proposal does not satisfy objective (g) to promote good design and amenity of the built environment. The design, functionality and internal layout results in poor levels of occupant amenity. Furthermore design results in adverse amenity impacts to adjoining residential properties.
WWW.GEORGESRIVER.NSW.GOV.AU
The proposal fails to demonstrate compliancePAPER. with a number of State Environmental
Planning Policy (Affordable Rental Housing)WEBSITE: 2009 standards in relation to communal
open space, manager open space, motorbikeBUSINESS parking, bicycle parking. RIVER The proposed development resultsCOUNCIL in poor residential functional amenity (ventilation, GEORGES RIVER solar access, communal open space,THE safety) on site for future occupants and results
adverse amenity impacts to adjoiningVISIT properties. GEORGES The proposal does notTHE PLEASE provide sufficient accessible parking and access OF arrangements, appropriate tree protection, vehicular access and drainage design and COPY discharge in accordanceDOCUMENT with the Hurstville Development Control Plan No. 1.
PRINTED A OFFICIAL The proposedIS development will have unacceptable adverse impacts on the natural THE and built environments.THIS FOR
In consideration of the aforementioned reasons, the proposed development is not a suitable and planned use of the site and its approval is not in the public interest.
Determination 154. THAT pursuant to Section 8.2 of the Environmental Planning and Assessment Act, 1979, the Georges River Local Planning Panel refuse Review Application REV2020/0016 for demolition of existing and construction of boarding house on Lot 8 DP 12478 and known as 565 King Georges Road, Penshurst, for the following reasons:
1. Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not satisfy the following Object of the Act:
(d) To promote good design and amenity of the built environment.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 102
2. Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development
does not comply with the State Environmental Planning Policy (Affordable Rental 20 Housing) 2009 in terms of the following: -
(a) Cl. 29(2)(d)(i) – the proposal provides inadequate and insufficient communal open space which detracts from the functionality, liveability and on-site amenity for future occupants. LPP042
(b) Cl. 29(2)(d)(ii) – the Manager’s private open space is located along the northern side setback and provides poor levels of occupant amenity and solar penetration due to the cantilevered floor and roof eave above together with the fencing surrounding this space.
(c) Cl. 30(h) – the proposed development has provided insufficient motorcycle and bicycle parking on site which detracts from the amenity for future occupants.
(d) Cl.30A – the proposed development is not consistent with the existing or desired future character of the locality with respect to the lack of landscaping and extent of hard surfaces and structures located within the rear setback, poor access arrangements within the development between the building and WWW.GEORGESRIVER.NSW.GOV.AU
parking area and communal open space.PAPER.
WEBSITE:
3. Environmental Planning InstrumentBUSINESS - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and AssessmentRIVER Act 1979, the proposed development
does not satisfy Deemed StateCOUNCIL Environmental Planning Policy – Georges River GEORGES Catchment regarding adequateRIVER stormwater disposal. THE
VISIT
4. Environmental PlanningGEORGES Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental PlanningTHE PLEASE and Assessment Act 1979, the proposed development does not comply withOF the State Environmental Planning Policy (Infrastructure) COPY 2007 in terms of theDOCUMENT following:
PRINTED A OFFICIAL (a) ClauseIS 101 - Transport for NSW (formerly Roads and Maritime Service) has THE not THISgranted concurrence as the one (1) way access is considered to promote high FORunmitigated conflict between entering and exiting vehicles and that the arrangement can potentially lead to unacceptable queuing on King Georges Road, Penshurst.
(b) Clause 102 – The applicant has not provided an acoustic report in accordance for considerations under Clause 102 Impact of road noise or vibration on non-road development.
5. Environmental Planning Instrument - Pursuant to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not satisfy the following objectives of the R2 Low Density Residential Zone of the Hurstville Local Environmental Plan 2012.
o 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.
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o To ensure that a high level of residential amenity is achieved and maintained. o
To encourage greater visual amenity through maintaining and enhancing landscaping as a major element in the residential environment. 20 - 6. Development Control Plan - Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with the following sections of Chapter 3 of the Hurstville LPP042 Development Control Plan No. 1:
(a) Chapter 3.3 Access and Mobility - The proposal is deficient one (1) accessible spaces and the application fails to demonstrate suitable accessible pedestrian access within the site.
(b) Chapter 3.5 Landscaping – The application fails to provide an adequate tree protection zone around the site tree (Lophostemon Confertus) to be retained to ensure its survival.
7. Impacts on the Environment - Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is likely to have an adverse impact on the following aspects of the natural environment:
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(a) The proposal fails to provide an adequatePAPER. tree protection zone around the
Lophostemon Confertus tree nominatedWEBSITE: to be retained to ensure its survival.
BUSINESS 8. Impacts on the Environment -RIVER Pursuant to Section 4.15(1)(b) of the Environmental Planning and AssessmentCOUNCIL Act 1979, the proposed development is GEORGES RIVER likely to have an adverse impactTHE on the following aspects of the built environment:
VISIT (a) The proposal in its GEORGEScurrent form is incompatible with the existing and desired future character THE in PLEASE relation to the extent of hard surfaces within the rear setbacks. OF COPY DOCUMENT (b) The proposed boarding house does not provide future residents with PRINTED A OFFICIAL adequateIS sunlight and ventilation within the central corridors of both the THE groundTHIS floor and first floor due to poor design. FOR (c) The development proposes inadequate communal open space and poorly located private open space for the Managers room.
(d) The Plan of Management is deficient with respect to its content.
9. Suitability of Site - Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979, the site is not considered suitable for the proposed development as:
(a) Safe vehicular entry and exit to and from the site has not been demonstrated.
(b) The development fails to achieve suitable levels of amenity for future residents and adjoining allotments as a result of poor internal layout and functionality.
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(c) The information submitted with the application is inconsistent and contains insufficient detail to make a full and proper assessment, in particular being
the architectural plans elevation and the functioning of the boarding house 20 due to the deficiencies of the Plan of Management. -
10. Public interest - Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development in its current form is not considered to be in the public interest and is likely to set an undesirable precedent LPP042 within the locality.
Appeal Rights - Part 8 (Reviews and appeals) of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.
ATTACHMENTS Attachment ⇩ 1 Site Plan - 565 King Georges Road Penshurst Attachment ⇩ 2 Elevations - 565 King Georges Road Penshurst
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REPORT TO GEORGES RIVER COUNCIL LPP MEETING OF THURSDAY, 03 SEPTEMBER 2020
20 - Development LPP Report No LPP043-20 DA2020/0146 Application No Site Address & Ward Shop 1, 1 Treacy Street Hurstville LPP043 Locality Hurstville Ward Proposed Development Fit-out and use of Tenancy 1 as a restaurant (licenced premises) including business identification signage Owners GR Capital Group Pty Ltd Applicant Huang Property Group Pty Ltd Planner/Architect Marchese Partners Date Of Lodgement 20/04/2020 Submissions Ten (10) individual submissions Cost of Works $250,000 Local Planning Panel Development is for the use of Tenanacy 1 as a restaurant Criteria (licenced premises) including internal fitout and signage and is required to be determined by the Georges River Local Planning Panel under Council Delegations List of all relevant s.4.15 Greater Metropolitan Regional Environmental Plan No 2 –
matters (formerly Georges River Catchment; WWW.GEORGESRIVER.NSW.GOV.AU s79C(1)(a)) State Environmental PlanningPAPER. Policy No. 64 – Advertising and Signage; WEBSITE: BUSINESS Draft Environment StateRIVER Environmental Planning Policy; Draft Georges River Local Environmental Plan 2020;Hurstville Local COUNCIL Environmental PlanGEORGES 2012; Hurstville Development Control Plan RIVER 1;Hurstville DevelopmentTHE Control Plan No. 2 – Amendment No. 10;Draft GeorgesVISIT River Local Environmental Plan 2020. List all documents ArchitecturalGEORGES Plans THE PLEASE submitted with this StatementOF of Environmental Effects
report for the Panel’s AcousticCOPY Report, Traffic Report consideration PlanDOCUMENT of Management Report prepared by PRINTED Development Assessment Planner A OFFICIAL IS
THE THIS FOR Recommendation That the application be approved in accordance with the conditions included in the 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 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
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standard (clause 4.6 of the LEP) has been received, has it been attached to the assessment report?
Special Infrastructure Contributions 20 Does the DA require Special Infrastructure Contributions Not Applicable - conditions (under s7.24)? Conditions
Have draft conditions been provided to the applicant for No, the conditions can be LPP043 comment? reviewed when the report is published.
Site Plan
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Figure 1:: Aerial View of the subject site highlighted in red
Executive Summary
Proposal 1. Council is in receipt of Development Application DA2020/0146 which is seeking approval for the fit-out and use of Tenancy 1 as a restaurant (licenced premises) including business identification signage on Lot 76 in Strata Plan 91614 known as Shop 1, 1 Treacy Street, Hurstville.
Site and Locality
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2. The subject site is an irregular shaped allotment with a primary frontage to Treacy Street of approximately 45m and secondary frontage to Hill Street of approximately 36m having
a site area of 1,563sqm. The site consists of a mixed used development comprising of 20 commercial tenancies at ground floor level and ten (10) levels residential apartments - above with four (4) levels of basement car parking. The site is located in an established up-zoned high density, mixed-use environment, with retail and commercial uses occupying the ground floor of buildings, with extensive residential development above. LPP043 Zoning and Permissibility 3. The site is zoned B4 – Mixed Use under the provisions of the Hurstville Local Environmental Plan 2012 (HLEP 2012). A restaurant is permissible with consent as it is defined use under the definition of a food and drink premises, being a retail premises under the commercial premises definition.
Submissions 4. The application was notified in accordance with Hurstville Development Control Plan No. 1, ten (10) individual submissions were received objecting to the application. The issues raised are summarised below: Noise; Odour; Security; and
Loss of general amenity. WWW.GEORGESRIVER.NSW.GOV.AU PAPER.
Conclusion WEBSITE: 5. Having regard to the matters for considerationBUSINESS under section 4.15(1) of the Environmental RIVER Planning and Assessment Act 1979 and following a detailed assessment, the proposed Development Application (DA2020/0146)COUNCIL for the fitout and use of a ground floor GEORGES RIVER commercial tenancy as a restaurantTHE including building identification signage is
recommended for approval subjectVISIT to conditions referenced at the end of this report. GEORGES Report in Full THE PLEASE OF Proposal COPY 6. Council is in receipt of DevelopmentDOCUMENT Application DA2020/0146 seeking approval for the
fitout and use of ShopPRINTED 1 as a restaurant including business identification signage. A OFFICIAL IS THE 7. The specific detailsTHIS of the proposal are as follows: FOR
Use To use the premises as a restaurant with a bar; The proposed hours of operation are 7am – 12 midnight, Monday to Sunday, seven days a week. The number of restaurant and bar seating combined will accommodate up to 167 patrons at maximum capacity; The proposed restaurant will employ a total of fifteen (15) staff on site at any one time; Eight (8) car parking spaces have been allocated to the subject tenancy including 3 on the Ground Level and 5 on Basement Level 1. The applicant provided strata plans which demonstrate parking allocation for Tenancy I and 2, 8 spaces to Tenancy 1 and 1 space to Tenancy 2.
Internal Fit-out Works to the existing internal floor layout to facilitate the proposed use;
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Installation of a commercial kitchen, cool room, freezer, dry store, bar area, back of house, storage and bench areas;
Construction of a staff room; and 20 Construction of sanitary facilities. -
Signage
Installation of a backlit opaque acrylic sign cantilevered from the façade of the LPP043 building. The sign displays the name of the business. The signage is proposed to be illuminated from 7am – 12 midnight, Monday to Sunday
The Site and Locality 8. The subject site is legally identified as Lot 76 SP 91614 and commonly known as Shop 1, 1 Treacy Street, Hurstville.
9. The site has an area of 1,563sqm with the primary frontage of 45m to Treacy Street and secondary frontage to Hill Street of approximately 36m.
10. The site is currently occupied by an eleven (11) storey mixed used development comprising commercial tenancies on the ground floor level and residential apartments on the upper levels. The building consists of four (4) levels of basement car parking. Eight
(8) car parking spaces have been allocated to theWWW.GEORGESRIVER.NSW.GOV.AU subject tenancy including 3 on the Ground Level and 5 on Basement Level 1. These spacesPAPER. have been allocated on the strata plan.
WEBSITE: 11. The tenancy has a total area of 356.9sqmBUSINESS and is accessed directly from the Treacy RIVER Street frontage. The subject tenancy is currently vacant. COUNCIL GEORGES RIVER THE
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Figure 2: Subject site viewed from Treacy Street, Hurstville
12. The site is located in an established high density, mixed-use environment. The characteristics are described as retail and commercial uses at ground floor with residential occupancies above.
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13. Eleven storey, mixed use developments are to the north as well as east of the site at 107 Forest Road and 1 Jack Brabham Drive respectively. A six (6) storey mixed use
development comprising of retail and residential apartments is situated to the west of the 20 site at 11-13 Treacy Street. -
14. The site is accessible to public transport facilities. Allawah Station is located approximately 2km from the site and Hurstville Station is approximately 750m walking distance from the subject site. Bus services are available within walking distance along LPP043 Forest Road and Durham Street, located to the north of the site.
Background 15. On 1 April 2015, DA2014/1083 granted deferred development consent for the demolition of existing structures and construction of a new eleven (11) storey mixed use development with basement parking. This development consent was subsequently activated and the development built.
16. On 21 October 2015, MOD2015/0117 granted approval for Section 96(1A) Modification of Condition 20 relating to issue of Construction Certificate prior to formal execution of Voluntary Planning Agreement.
17. On 15 January 2019, MOD2018/0187 granted approval for modification to Consent No. DA2014/0183 for extension of Basement 4 footprint and layout, changes to basement WWW.GEORGESRIVER.NSW.GOV.AU
levels. Modification to balustrade materials at upperPAPER. levels to match lower levels, minor changes to roof level. WEBSITE:
BUSINESS 18. On 16 January 2018, MOD2017/0135 grantedRIVER approval to modify development consent
DA2014/1083 to undertake modificationsCOUNCIL throughout the development and increasing the GEORGES height of the lift run. RIVER THE
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19. On 20 April 2020, the subject applicationGEORGES (DA2020/0146) was submitted to Council for the use and fit-out of Tenancy THE 1 PLEASE as a restaurant (licenced premises) including associated business identification signage.OF COPY DOCUMENT Compliance and Assessment PRINTED A OFFICIAL 20. The developmentIS site has been inspected and assessed having regarding to Matters for THE Consideration THISunder Section 4.15(1) of the Environmental Planning and Assessment Act 1979. FOR
STATE ENVIRONMENTAL PLANNING INSTRUMENTS 21. Compliance with the relevant State Environmental Planning Policies (SEPP) is detailed below.
STATE ENVIRONMENTAL PLANNING POLICY NO. 64 – ADVERTISING AND SIGNAGE 22. The application is designed having regard to the provisions of State Environmental Planning Policy No 64 - Advertising and Signage and as such assessment criteria specified in Schedule 1 are applicable to the application.
23. Assessment criteria specified in Schedule 1.
SEPP Provision Requirement Proposed Development Comply Schedule 1 Assessment criteria 1 Character of the area
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Is the proposal compatible The proposed signage is compatible Yes with the existing or desired with the existing and desired future
future character of the area character of the area as it is a sign that 20 or locality in which it is will advertise the proposed restaurant. - proposed to be located?
Is the proposal consistent The sign is consistent with what would Yes LPP043 with a particular theme for be envisaged by the use of these outdoor advertising in the commercial tenancies. area or locality? 2 Special areas Does the proposal detract The proposed signage does not detract Yes from the amenity or visual from the amenity or visual quality of the quality of any locality. environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?
3 Views and vistas WWW.GEORGESRIVER.NSW.GOV.AU Does the proposal obscure The proposedPAPER. signage does not Yes
or compromise important obscure orWEBSITE: compromise important views.BUSINESS views? RIVER
COUNCIL Does the proposal TheGEORGES proposed signage does not Yes RIVER dominate the skyline and THEdominate the skyline and reduce the
reduce the quality of vistas?VISIT quality of vistas. GEORGES THE PLEASE The proposed signage will respect the Yes Does the proposal OFrespect viewing rights of other advertisers. the viewing rightsCOPY of other advertisers? DOCUMENT 4 Streetscape, settingPRINTED or A OFFICIAL IS landscape THE THIS FOR Is the scale, proportion and The scale, proportion and form of the Yes form of the proposal proposed signage is appropriate for the appropriate for the streetscape and its setting. streetscape, setting or landscape?
Does the proposal The proposed signage has a positive Yes contribute to the visual contribution to the visual interest of the interest of the streetscape, streetscape. setting or landscape?
Does the proposal reduce There is no existing signage in the N/A clutter by rationalising and current location. simplifying existing advertising?
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Does the proposal screen There is no unsightly area to screen as NA unsightliness? this is a new building.
20 Does the proposal protrude The signage is not used as a visual Yes - above buildings, structures screen or filter. or tree canopies in the area or locality? LPP043
Does the proposal require The proposed signage does not require N/A ongoing vegetation ongoing vegetation management management? 5 Site and building Is the proposal compatible The proposed signage is compatible Yes with the scale, proportion with the scale, proportion and other and other characteristics of characteristics of existing building. the site or building, or both, on which the proposed signage is to be located?
Does the proposal respect The proposed signage respects and Yes important features of the integrates well with the important
site or building, or both? features of theWWW.GEORGESRIVER.NSW.GOV.AU building. PAPER. Does the proposal show The proposalWEBSITE: demonstrates innovation Yes and imaginationBUSINESS in its relationship to the innovation and imagination RIVER in its relationship to the site building. COUNCIL or building, or both? GEORGES RIVER 6 Associated devices and logos THE with advertisements and VISIT advertising structures GEORGES No safety devices, platforms, lighting N/A THE PLEASE Have any safety devices,OF devices or logos have been designed
platforms, lightingCOPY devices as an integral part of the signage or or logos been designedDOCUMENT as structure. an integral PRINTEDpart of the The sign is a light box being internally A OFFICIAL IS signage orTHE structure on lit. THIS which it FORis to be displayed? 7 Illumination Would illumination result in The proposed level of illumination will Yes unacceptable glare? not result in unacceptable glare.
Would illumination affect The proposed level of illumination will Yes safety for pedestrians, not affect safety for pedestrians, vehicles or aircraft? vehicles or aircraft.
Would illumination detract The proposed level of illumination will Yes from the amenity of any not detract from the amenity of any residence or other form of residence or other form of accommodation? accommodation.
Can the intensity of the The illumination of the light box can be Yes illumination be adjusted, if adjusted if necessary. necessary?
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Is the illumination subject to The illumination will be restricted to Yes a curfew? approved business hours only. 20 8 Safety - Would the proposal reduce The proposed signage does not reduce Yes the safety for any public the safety of any public road. road? LPP043
Would the proposal reduce the safety for pedestrians or The proposed signage does not reduce Yes bicyclists? the safety for pedestrians or bicyclists.
Would the proposal reduce the safety for pedestrians, The proposed signage does not reduce Yes particularly children, by the safety for pedestrians, particularly obscuring sightlines from children, by obscuring sightlines from public areas? public areas.
STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007 24. The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State. The DA was referred to Ausgrid in accordance with Clause 45 of State
Environmental Planning Policy (Infrastructure) 2007.WWW.GEORGESRIVER.NSW.GOV.AU Ausgrid advised there are no issues with the proposal and no conditions were recommended.PAPER.
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BUSINESS DRAFT ENVIRONMENTAL SEPP RIVER
COUNCIL GREATER METROPOLITAN REGIONAL ENVIRONMENTALGEORGES PLAN NO. 2 – GEROGES RIVER RIVER CATCHMENT THE
25. The main aims and objectives of thisVISIT plan include but are not limited to the following: To maintain and improve GEORGESthe water quality and river flows of the Georges River and THE PLEASE its tributaries and ensureOF that development is managed in a manner that is in keeping with the national, State, regional and local significance of the Catchment. COPY To protect and enhanceDOCUMENT the environmental quality of the Catchment for the benefit of all users throughPRINTED the management and use of the resources in the Catchment in an A OFFICIAL IS ecologically sustainableTHE manner. THIS To ensure consistencyFOR with local environmental plans and also in the delivery of the principles of ecologically sustainable development in the assessment of development within the Catchment where there is potential to impact adversely on groundwater and on the water quality and river flows within the Georges River or its tributaries. To establish a consistent and coordinated approach to environmental planning and assessment for land along the Georges River and its tributaries and to promote integrated catchment management policies and programs in the planning and management of the Catchment.
26. The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. However, the existing stormwater and drainage arrangement is not proposed to be amended as part of this development application as there are no external building works proposed.
DRAFT ENVIRONMENTAL STATE ENVIRONMENTAL PLANNING POLICY 27. 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
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catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property. Changes proposed include consolidating the following seven existing SEPPs:
20 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 LPP043 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.
28. The proposal is not inconsistent with the provisions of this Draft Instrument.
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012 29. The extent to which the proposed development complies with the Hurstville Local Environmental Plan 2012 (HLEP 2012) is detailed and discussed in the table below.
30. The allotment is zoned B4 – Mixed Use, a restaurant is permissible with consent as it is defined use under the definition of a food and drink premises, being a retail premises under the commercial premises definition.
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Figure 3: Zoning Map – site outlined in blue
Applicable LEP Development Development Proposal Comply Clause Standards 4.3 Height of (2) The height of a The proposed use does not Yes Buildings building on any land is seek to alter the existing not to exceed the height of the building. The maximum height shown fitout and use of tenancy 1 for the land on on the ground floor as a the Height of Buildings restaurant does not alter the Map pursuant to HLEP height of the development. 2012.
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4.4 Floor Space (2) The maximum floor Maximum allowable FSR for Yes Ratio space ratio for a building the subject site is 3:1m as
on any land is not to per Floor Space Ratio Map. 20 exceed the floor space The proposed change of - ratio shown for the land use and fitout works occupy on the Floor Space an existing tenancy, no Ratio Map pursuant to additional floor space is HLEP 2012. proposed. LPP043 Part 6 - Additional Local Provisions 6.6 - Active street (1) The objective of this The proposed fitout and use Yes frontages clause is to promote of a ground floor tenancy as uses that attract a restaurant will activate the pedestrian traffic along street frontage of this certain ground floor development through street frontages in Zone pedestrian movement. B2 Local Centre, Zone B3 Commercial Core and Zone B4 Mixed Use.
Draft Georges River Local Environmental Plan 2020 31. Consideration is given to the provisions of Draft Georges River Local Environmental Plan WWW.GEORGESRIVER.NSW.GOV.AU
2020 in the assessment this application. PAPER.
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32. In this regard, the provisions have no determiningBUSINESS weight as a result of proposed operation of Clause “1.8A Savings provisionsRIVER relating to development applications” of the Draft Plan which provides “If a developmentCOUNCIL application has been made before the GEORGES RIVER commencement of this Plan in relationTHE to land to which this Plan applies and the
application has not been finally determinedVISIT before that commencement, the application must be determined as if this PlanGEORGES had not commenced.” THE PLEASE DEVELOPMENT CONTROL PLANSOF COPY 33. The proposal has been DOCUMENT assessed under the relevant sections of Development Control Plan Nos. 2 as follows. PRINTED A OFFICIAL IS THE HURSTVILLE DEVELOPMENTTHIS CONTROL PLAN NO. 2 – AMENDMENT NO. 10 – SECTION 4 – CITY CENTRE PRICINCTSFOR – CITY CENTRE EAST 34. The proposal has been assessed against the Key Land Use Principles and is considered the proposal will activate the street frontage and promote vibrancy and passive and active surveillance of the public domain.
HURSTVILLE DEVELOPMENT CONTROL PLAN NO. 2 – AMENDMENT NO. 10 – SECTION 4.6 – CITY CENTRE PRECINCTS – CITY CENTRE EAST – SECTION 5 – CONTROLS FOR RESIDEINTIAL, COMMERCIAL AND MIXED USE DEVELOPMENT 35. The proposal has been assessed against the provisions outlined in the Section 5 – Controls for residential, commercial and mixed use development and are addressed a follows.
36. Sections 5.3.1 through to 5.3.11 outline criterion where a new building or development is proposed. These clauses are not relevant to the fit-out and use application including signage.
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Section Control Proposal Complies 5.3.12 Active (b) Active ground The proposed Complies
Street floor uses must occur restaurant is situated 20 Frontage at the footpath level at ground floor level - and immediately and is accessible related levels and be directly from the accessible directly Treacy Street. from the street. LPP043
(c) The ground floor The façade Complies of development must treatments of the provide a glazed tenancy will remain ground floor frontage, unchanged and are contributing to street largely glazed. activity, light and colour in the street and passive surveillance.
(d) Restaurants, The proposed shop Complies cafes and the like front has floor to must consider ceiling glass walls WWW.GEORGESRIVER.NSW.GOV.AU
providing shop fronts that providesPAPER. a which are able to be perception of WEBSITE:
opened. opennessBUSINESS and street connection.RIVER 5.3.14 Crime This section of the COUNCILThe proposed Yes GEORGES Prevention DCP sets out theRIVER Tenancy provides THE Through Objectives, glassed front façade VISIT Environmental PerformanceGEORGES Criteria that allows for natural Design and DesignTHE PLEASESolutions surveillance to and to be consideredOF in from the street. The COPY relationDOCUMENT to crime entry to the tenancy prevention through is located fronting PRINTED A OFFICIAL IS environmental design Treacy Street and is THE THIS for residential, clearly visible. FOR commercial, mixed use development and The car parking car parks. The spaces allocated to Performance Criteria the proposed use are have been grouped easily accessible and according to six key are well lit to ensure features relating to proper surveillance design and crime and patron safety. prevention: Site and Building Layout. Lighting. Landscaping and Fencing. Security. Building
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Identification and Ownership; and
Building Materials 20 and Maintenance. - Section 5.4.4 – Retail premises The total floor area Yes, eight (8) parking Parking and (including food and for the subject spaces have been Service drink premises, premises is allocated for the LPP043 Delivery restaurants and cafe 356.9sqm. tenancy (3 on the Requirements unless elsewhere Ground Level and 5 on defined): Based on car parking Basement Level 1). requirements at a These car parking Maximum car parking rate of 1 space per spaces are available to rate: 1 space per 50sqm, 7.19 both staff and patrons. 50sqm (rounded up to 8) car Patrons intending to parking spaces is visit by car will be required for the required to make a proposed restaurant. space reservation with the Restaurant Minimum of bicycle The total number of Manager if they would storage racks: 1 1.19 (rounded up to like to park on-site. bicycle space per 300 2) spaces is required This has been square metres of for the proposed nominated on the WWW.GEORGESRIVER.NSW.GOV.AU
retail. restaurant.PAPER. Strata Plan.
5.4.6 Loading/ (b) All loading and All loadingWEBSITE: and Yes
Unloading unloading activities unloadingBUSINESS will occur facilities and must take place inRIVER the commercial Service wholly within the COUNCILparking area. The GEORGES RIVER Vehicle loading bay, at all THE Traffic and Parking
Manoeuvring times. No loadingVISIT or Assessment states unloading activityGEORGES is that the proposed to take placeTHE PLEASE within restaurant use will any car OFparking area, only have very minor COPY landscapingDOCUMENT area, need for service or
pedestrianPRINTED footway or delivery vehicle A OFFICIAL IS any public road visitation and less THE THIS reserve. than that of the FOR (c) All delivery approved retail use. vehicles must be able to enter and leave the site in a forward direction. 5.4.7 The design of The proposal has Yes Pedestrian facilities (including been reviewed by Access and car parking Council’s Building Mobility requirements) for surveyor who raised disabled persons no concerns in must comply with the relation to the design relevant Australian of facilities for Standard (AS 1428 Pt persons with a 1 and 2, or as disability. amended) and the None of the Disability nominated car
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Discrimination Act parking spaces for 1992 (as amended). this tenancy are
accessible. 20 6.2.4 Waste (b) Provide for the Deliveries and waste Yes - Minimisation recycling of disposal will occur and household and during normal Management commercial waste; business hours within provide adequate the building. LPP043 common storage for recyclables (including Council’s Health paper and cardboard, Officer has plastics and recommended aluminium) as well as several conditions to a waste/recycle ensure proper storage area within construction and each building. operational waste disposal measures. (g) All development applications must be accompanied by a waste management plan WWW.GEORGESRIVER.NSW.GOV.AU
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required to provide an BUSINESS appropriate room for RIVER the storage of COUNCIL GEORGES garbage, recyclableRIVER THE and compostable VISIT waste bins toGEORGES enable the efficientTHE PLEASE separationOF of waste COPY products.DOCUMENT 7.1 Trading Standard trading 7am – 12 midnight, Yes, However the PRINTED A OFFICIAL Hours IS hours for commercial Monday to Sunday, hours have been THE THIS premises are 6am – seven days a week. restricted to between FOR 12am (midnight), 7am and 10pm, daily. Sunday to Wednesday and 7am and 11pm, Thursday to Saturday to minimise impacts on the residential amenity of the apartments above and the surrounding area.
GEORGES RIVER DEVELOPMENT CONTROL PLAN 2020 (INTERIM POLICY) 37. The Interim Policy is a supplementary document, meaning that the current Development Control Plan controls continue to apply if a particular control is not specified in the Interim Policy, or if it is still considered best practice. All operative Development Control Plans still legally apply. Whilst the Interim Policy has no statutory recognition in the assessment
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of a Development Applications pursuant to the Environmental Planning and Assessment Act 1979, the policy was used as a guide as it is an endorsed position of the Council.
20 38. In relation to the proposed use, the proposal does not conflict with the controls of the - Interim Policy Development Control Plan.
IMPACTS Natural Environment LPP043 39. The development will not result in any significant adverse impacts on the natural environment.
Built Environment 40. Located on the subject site is an eleven (11) storey mixed use development. The subject tenancy is located at the ground floor level with residential apartments directly above.
41. The proposed development is only for the use and fit-out of Tenancy 1 and minor construction works to facilitate the fit out and the installation of one (1) projecting wall sign. No changes are proposed to the footprint or the external façade of the building.
42. The proposed development will not in any way affect the bulk and scale of the existing building.
WWW.GEORGESRIVER.NSW.GOV.AU
43. Review of the Plan of Management (PoM) and thePAPER. Acoustic Report prepared by Acoustic
Logic indicate potential impacts, if any, will be WEBSITE:appropriately management and kept to a
minimal to ensure the amenity of the residentsBUSINESS above is preserved. RIVER 44. To minimise potential noise impacts, COUNCILthe recommendations made in Acoustic Report in GEORGES RIVER relation to the use of indoor restaurant/barTHE are as follows:
VISIT Music noise level (playedGEORGES over PA) within the restaurant and bar to be limited to 84dB(A)L10. THE PLEASE OF Door to indoor areas is recommended to be kept closed other than for COPY ingress/egress. DOCUMENT
Disposal of bottles/wastePRINTED should be done prior to 10pm unless done within a A OFFICIAL basement area.IS THE THIS Detailed reviewFOR of tenancy mechanical plant (if any) should be undertaken at CC stage, once plant selections and locations are finalised. Compliance with Council/EPA requirements will be achievable using standard acoustic treatments (in duct lining/attenuators, equipment enclosures etc). Wrap any waste pipework in the ceiling space from the apartment above with 5kg/m2 foam backed loaded vinyl lagging. Install 2x layers of 16mm plasterboard to be installed to the ceiling space mounted on resilient hangers. 10mm glazing to be installed. Kitchen Joinery (bench/cupboards) to be mounted on 5mm thick rubber matting (to prevent impact noise transmission to above). Speakers within site shall be vibration isolated by NRD mounts. All furniture in the proposed project site to be to have rubber mounts. Waste piping from residential apartment above is to be externally wrapped with 5kg/sqm foam backed loaded vinyl lagging. No queuing in external areas of the restaurant.
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Management controls should be utilised to manage patron departure particularly at night and at closing times to ensure that patrons leaving the development in a prompt
and orderly manner. This would include the placement of security staff outside the 20 building near closing time, and at other times as required, to direct and quickly - disperse patrons away from the premises.
45. These recommendations have been conditioned to be implemented as part of the fit-out works which will be the subject of a Construction Certificate. LPP043
46. The PoM also proposes several measures to ensure general amenity of the premises and the locality is maintained. These relate to:
Active Areas and Patron Capacity It proposes to operate the business within the confines of the premises and accommodate a maximum of 167 patrons at any one time. The staff and management will control the movement of patrons entering and exiting the premises; given the restaurant has one public entry. This will create an active public domain and prompt activity within the site in which patrons would avail of alcohol with their meal, as intended by the liquor license.
Staffing and Organisation Review The tenancy will be staffed during the entirety of the operating hours and staff will be WWW.GEORGESRIVER.NSW.GOV.AU responsible for the meeting and greeting PAPER. of customers, the service of food and
beverages, handling of payments and receivingWEBSITE: reservations over the phone.
BUSINESS RIVER Waste Management Management would prevent patronsCOUNCIL removing glasses or bottles from the premises. GEORGES RIVER Management would also take THE steps to ensure all staff minimise waste in all
departments and recycle whereVISIT possible. GEORGES THE PLEASE Cleaning of Premises OF Cleaning of the premises will be carried out on a daily basis and include cleaning of COPY the kitchen, and the toilets.DOCUMENT The premises will be kept in a clean and tidy condition and
regularly maintainedPRINTED to the satisfaction of Council, both internally and externally. A OFFICIAL IS THE THIS Cigarette DisposalFOR The premises will have a dedicated area for smoking. Therefore, patrons wishing to smoke will be directed to the area. The management will responsibly dispose of cigarette butts and other waste as well as undertake scheduled inspection of such areas.
Continuous Review to Improve the Plan of Management Management shall consider the amenity of its neighbours and shall take all reasonable measures to ensure that there is no frequent, undue, nor adverse impact on the surrounding area.
Management would take all measures to ensure that the behaviour of staff and patrons, when entering or leaving the premises, does not detrimentally affect the amenity of the neighbourhood. Signage will be placed within the premises, requesting patrons to ‘Consider their Neighbours’ and leave the premises quickly and quietly. Upon leaving, patrons are advised to respect the neighbours and leave quietly towards public transport options. Staff would be briefed on available transport options
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 122
within the vicinity of the site so that they may relay this information effectively to patrons. Taxi contact numbers will also be offered to patrons.
20 The use will be carried out in such a manner so as not to interfere with, or materially - affect, the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, and oil.
47. The PoM is required to be kept on the premises at all times and adhered to strictly. A LPP043 condition has been placed in the consent accordingly.
48. Further, the application seeks to operate between the hours of 7am – 12 midnight, Monday to Sunday, seven days a week.
49. The standard trading hours for commercial premises under Section 7 of the Hurstville Development Control Plan Number 2 are 6am – 12am (midnight), daily.
50. Given that the subject tenancy has ten (10) levels of residential apartments above and is surrounded by other residential developments and future residential developments, the proposed hours of operation are likely to have adverse privacy impacts on the amenity of these residents, particularly in terms of noise.
51. Ten (10) submissions were received raising concerns in relation to the loss of residential WWW.GEORGESRIVER.NSW.GOV.AU
amenity as a result of the proposed use. PAPER.
WEBSITE:
52. The existing uses in the immediate vicinityBUSINESS of the proposed site are predominantly commercial in nature. Approval of the proposedRIVER hours will set an undesirable precedence
for similar uses in the future. COUNCIL GEORGES RIVER THE 53. In order to minimise potential residential impacts and to set a desirable precedence, the VISIT
hours of operation has beenGEORGES restricted to between 7am and 10pm, Sunday to Wednesday and 7am and 11pm,THE PLEASE Thursday to Saturday. OF COPY 54. The proposed use thereforeDOCUMENT is unlikely to have in any significant adverse impacts on the built environment. PRINTED A OFFICIAL IS THE Social Impact THIS 55. The proposal isFOR not considered to result in any adverse social impact. A Plan of Management has been provided, reviewed and is considered as acceptable. The Plan of Management is conditioned to be complied with as part of the development consent.
Economic Impact 56. The proposal development will result in the betterment of the local economy through provision of employment opportunities.
Suitability of the Site 57. The site is zoned B4 – Mixed Use, a restaurant is permissible with consent as it is defined use under the definition of a food and drink premises, being a retail premises under the commercial premises definition. It is considered the proposal will not result in significant adverse impacts on the adjoining properties or the streetscape. The proposal is considered to be a suitable form of development.
SUBMISSIONS, REFERRALS AND THE PUBLIC INTEREST
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58. The application was notified to adjoining residents for a fourteen (14) day period in which to view the plans and submit any comments on the proposal. Ten (10) individual
submissions were received objecting to the proposed development. The issues raised 20 are discussed below. -
Noise - concerns have been raised in relation to noise generated by the proposed restaurant and bar considering the capacity and operating hours. 59. Officer comment - The proposed development is located in the B4 Mixed Use zone. The LPP043 objective of the zone is to allow for residential development in the Hurstville City Centre while maintaining active retail, business or other non-residential uses at street level. The proposed use is defined as a restaurant (food and drink premises) and permissible in the zone.
60. Council’s Environmental Health officer has reviewed the proposal including the provided Acoustic Report prepared by Acoustic Logic and have raised no concerns. As stated above, these recommendations will be included in the consent to ensure noise levels are kept to a minimal.
61. Further, the hours of operation has been restricted to between the hours of 7am and 10pm, Sunday to Wednesday and 7am and 11pm, Thursday to Saturday to ensure the amenity of the residents above and surrounding area is maintained. The restriction on the hours of the operation will be enforced through inclusion of suitable conditions of WWW.GEORGESRIVER.NSW.GOV.AU
consent. PAPER.
WEBSITE:
Odour – concerns have been raised inBUSINESS relation to odour generated by the restaurant that will have a negative impact on the unitsRIVER above as well as the rooftop garden. The plans for the proposed restaurantCOUNCIL and bar also fail to display or explain where the GEORGES RIVER kitchen fumes will be vented to. THE
62. Officer comment - The proposedVISIT development has been reviewed by Council Environmental Health Officer GEORGESwho has raised no concerns in relation to the comfort of a person who is outside the THE premises PLEASE by reason of the emission or discharge of fumes, vapour or odour. OF COPY DOCUMENT 63. A condition has also been imposed in the consent to clearly demonstrate the location of PRINTED A OFFICIAL vents and dischargeIS outlets on plans prior to the issue of the construction certificate. In THE addition this willTHIS need to be certified that it has been placed compliant with the relevant Australian StandardsFOR with respect to mechanical plant and odour emissions.
Security – security concerns have been raised regarding the introduction of a restaurant and bar at the ground floor of the building. The patrons will utilise parking in the building basement which shares one (1) entry point with resident parking, increased entry/exit from this one (1) entrance would lead to compromised security. Further concerns relate to drunk or disorderly behaviour due to excessive alcohol intake resulting from service of alcohol in the restaurant. 64. Officer comment - The total number of car parking spaces allocated to the proposed development are three (3) at ground level and five (5) within the basement. The designated car parking spaces within the basement will be available for senior staff member and VIP members. Patrons intending to visit by car will be required to make a space reservation with the Restaurant Manager if they would like to park on-site.
65. It is anticipated that majority of the customers would either be locals living in the immediate and surrounding area and would travel by foot or public transportation given
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the sites proximity to Hurstville and Allawah Stations, approximately 750m and two kilometres, respectively.
20 66. Any drunk or disorderly behaviour will be subject to the legal enforcement. -
67. The Plan of Management submitted with the application will include a complaints register which will ensure that all adverse issues are recorded and can be accordingly resolved without unnecessary impact on the community. The application was referred to the Police LPP043 and no comments were received at the time this report was finalised.
Loss of General Amenity - mentioned above regarding noise, odour and security would detract from living in this location and require us to change our living patterns in an inconvenient manner in order to live here. 68. Officer comment – As discussed above, there has been adequate measure proposed to minimise potential impacts on the general amenity of the residence in the immediate vicinity thought the implementation of the recommendations in the PoM and Acoustic Report to minimise to noise, odour and security concerns.
69. A condition has been imposed requiring the location of mechanical plant associated with the kitchen facilities to be shown on the Construction Certificate Plans and certification provided to demonstrate the design is compliant with the relevant Australian Standards. A further condition will be enforced to restrict the hours of operation to between the hours WWW.GEORGESRIVER.NSW.GOV.AU
of 7am and 10pm, Sunday to Wednesday and PAPER.7am and 11pm, Thursday to Saturday to protect the amenity of the residents above and surrounding area. WEBSITE:
BUSINESS Council Referrals RIVER COUNCIL GEORGES RIVER Environmental Health Team THE
70. No objections were raised, and specificVISIT conditions of consent have been recommended and included in the conditions GEORGESreferenced at the end of this report. THE PLEASE OF Development and Building Team (BCA Assessment) COPY 71. No objections were raised,DOCUMENT and specific conditions of consent have been recommended
and included in thePRINTED conditions referenced at the end of this report. A OFFICIAL IS THE Traffic Team THIS FOR 72. No objections were raised by the traffic team. The traffic team reviewed the submitted Traffic Report and was satisfied in relation to access, parking and traffic movement.
External Referrals Ausgrid 73. The application was referred to Ausgrid as per Clause 45(2) of the State Environmental Planning Policy (Infrastructure) 2007. No objection was received and no conditions recommended. Response received 15 May 2020.
Hurstville Police Service 74. The application was referred to the Crime Prevention officer. No comments have been received at the time this report was written.
Local Infrastructure Contributions 75. A Section 7.11 contribution has been levied on the subject development pursuant to the Georges River Council Section 94 Contributions Plan 2017.
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76. In this case the levied charge is $2500.00, which is required to be paid in full prior to the
release of any Construction Certificate. 20 - CONCLUSION 77. Development consent is sought for the fitout and use of Tenancy 1 on the ground floor of the building as a restaurant (licenced premises) including business identification signage. LPP043
78. The proposal has been assessed in accordance with Section 4.15 (1) of the Environmental Planning and Assessment Act, 1979. The proposal satisfies the B4 - Mixed Use objectives of the zone, in addition to complying with the relevant State Environmental Planning Policies, Local Environmental Plan and Development Control Plan requirements. The proposed development is appropriately located within an accessible distance from local public transport and is considered to be compatible with the uses envisaged in this locality. The proposed development will aid in activating the Treacy and Hill Street frontages and provided increased employment opportunities.
79. The proposal will not result in any unreasonable impacts to the amenity of adjoining properties subject to the conditions of consent recommended below.
80. The application is recommended for approval.
WWW.GEORGESRIVER.NSW.GOV.AU DETERMINATION AND STATEMENT OF REASONS PAPER.
81. Statement of Reasons WEBSITE: The proposal is an appropriate responseBUSINESS to the site and is consistent with the desired RIVER future character of the B4 zone and existing developments in the locality. COUNCIL The proposal is fully compliant withGEORGES the provisions of the State Environmental RIVER Planning Policy No 64 - AdvertisingTHE and Signage.
The proposal is generally compliantVISIT with requirements of the Hurstville Local Environmental Plan 2012 andGEORGES Hurstville Development Control Plans. THE PLEASE The proposed developmentOF will provide street activation and employment
opportunities in thisCOPY precinct. DOCUMENT Determination PRINTED A OFFICIAL IS 82. THAT pursuant toTHE Section 4.16(1)(a) of the Environmental Planning and Assessment Act THIS 1979 (as amended)FOR Georges River Local Planning Panel grant development consent to DA2020/0146 for the fit-out use of Tenancy 1 as a restaurant (Licensed Premises) including business identification signage at Lot 76 SP 91614 and known as Shop 1, 1 Treacy Street, Hurstville, subject to the following conditions:
General Conditions
1. Approved Plans - The development must 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:
Description Reference No. Date Revision Prepared by Location Plan DA1.01 24.03.2020 C marchesepartners Existing & DA2.01 24.03.2020 D marchesepartners Demolition Plan - Ground
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Proposed Ground DA2.02 01.06.2020 D marchesepartners Floor Plan
Basement Floor DA2.03 01.06.2020 D marchesepartners 20 Plan - South Elevation DA3.01 01.06.2020 D marchesepartners Drainage DA4.01 01.06.2020 D marchesepartners Diagram LPP043 Traffic and 20130(B) June 2020 B Transport and Traffic Parking Planning Associates Assessment
Separate Approvals Required Under Other Legislation
2. Section 138 Roads Act 1993 and Section 68 Local Government Act 1993 - Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.
Separate approval is required under Section 138 of the Roads Act 1993 and/or Section 68 of 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.
An application is required to be lodged and approvedWWW.GEORGESRIVER.NSW.GOV.AU prior to the commencement of any of the following works or activities; PAPER.
WEBSITE: (a) Placing or storing materials or equipment;BUSINESS RIVER
COUNCIL (b) Placing or storing waste containersGEORGES or skip bins; RIVER THE
(c) Erecting a structure or carryingVISIT out work GEORGES THE PLEASE (d) Swinging or hoisting OFgoods over any part of a public road by means of a lift, crane or the like; COPY DOCUMENT
(e) Pumping concretePRINTED from a public road; A OFFICIAL IS THE (f) Pumping THISwater from the site into the public road; FOR
(g) Constructing a vehicular crossing or footpath;
(h) Establishing a “works zone”;
(i) Digging up or disturbing the surface of a public road (eg 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 must be obtained and evidence of the approval
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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 20 website www.georgesriver.nsw.gov.au. For further information, please contact Council’s - Customer Service Centre on (02) 9330 6400.
Requirements of Concurrence, Integrated & Other Government Authorities LPP043 3. Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.
4. Liquor Licence - Application shall be made to NSW Office of Liquor and Gaming for a Liquor Licence under the Liquor Act 2007, prior to the issue of a construction certificate. Evidence that the Licence has been issued shall be provided to the PCA prior to the commencement of works.
Note: A use which is reliant on the obtaining of a Liquor Licence should refrain from progressing until the Licence is obtained.
TM WWW.GEORGESRIVER.NSW.GOV.AU 5. Sydney Water - Tap in - The approved plansPAPER. must be submitted to a Sydney Water Tap inTM to determine whether the development application will affect Sydney Water’s WEBSITE:
sewer and water mains, stormwater drains BUSINESSand/or easements, and if further requirements need to be met. The approved plans will beRIVER appropriately endorsed. For details please
refer to ‘Plumbing, building and developing’COUNCIL section of Sydney Water’s web site at GEORGES www.sydneywater.com.au then seeRIVER ‘Building’, or telephone 13000 TAP IN (1300 082 THE 746). The Certifying Authority must ensure that a Tap inTM agent has appropriately VISIT
stamped the plans prior to theGEORGES issue of the Construction Certificate. THE PLEASE 6. Notice of Requirements OF for a Section 73 Certificate - A Notice of Requirements of COPY what will eventually be requiredDOCUMENT when issuing a Section 73 Compliance Certificate under the Sydney Water Act 1994
Following application, a ‘Notice of Requirements’ will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co- ordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.
The Notice of requirements must be submitted prior to the commencement of work. A Section 73 Compliance Certificate will be required at the completion of development in accordance with further conditions.
Prior to the Issue of a Construction Certificate
7. Fire Safety Measures - Prior to the issue of a construction certificate a list of the essential fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an
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application for a Construction Certificate, which is required to be submitted to either Council or a PCA. Such list must also specify the minimum standard of performance for
each essential fire safety measure included in the list. The Council or PCA will then issue 20 a Fire Safety Schedule for the building. -
8. Acoustic Requirements - Compliance with submitted Acoustic Report - The Construction Certificate plans shall demonstrate compliance with the Acoustic Report submitted and approved by Council, titled Restaurant - Development Application - LPP043 Prepared by Acoustic Logic - Dated 9 June 2020.
9. Acoustic Report - General Operation of Premises - The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997
10. Food Premises - The following information shall be provided and shown on the Construction Certificate Plans:
(a) Plans and Specifications Details of the construction and fit out of food premises must be submitted to Council’s Environmental Health Officer. The plans and specifications must demonstrate WWW.GEORGESRIVER.NSW.GOV.AU
compliance with the: PAPER.
WEBSITE:
i. Food Act 2003 (as amended) BUSINESS RIVER
ii. Food Regulation 2015 (as amended)COUNCIL GEORGES RIVER THE iii. Food Standards Code as published by Food Standards Australia VISIT
GEORGES iv. New Zealand and AustralianTHE PLEASE Standard AS4674:2004 Design, Construction and fit out of food premises OF(as amended) COPY DOCUMENT v. Sydney Water - trade Waste Section. PRINTED A OFFICIAL IS THE vi. Details ofTHIS the location and design of the mechanical ventilation plant and equipment to facilitateFOR the new commercial kitchen. These details are to be accompanied by certificate from the designer detailing that the design complies with the relevant Australian Standards having regard to noise and odour.
Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.
(b) Colour of finishes All walls, floor and ceiling in all food preparation, food storage and waste storage areas shall be finished with a light colour. No black or dark colour surface finish is permitted in these areas.
Details of colour of finishes in the mentioned area must be submitted with the plans for satisfactory approval prior to the issue of any Construction Certificate.
Environmental Health Officers’ must advise in writing that the plans and specification are considered satisfactory prior to the issue of any Construction Certificate.
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(c) Waste Facility
Details of the construction and fit out of the waste facility of the food premises must be 20 submitted to Council’s Waste Services Team for approval. Such details must - demonstrate compliance with the Food Act 2003
i. provided with a hose tap connected to the water supply; ii. paved with impervious floor materials; iii. coved at the intersection of the floor and the walls; iv. graded and drained to a waste disposal system in accordance with the requirements of the relevant regulatory authority (Sydney Water); v. adequately ventilated (mechanically or naturally) so that odour emissions do not cause offensive odour as defined by the Protection of the Environment Operations Act 1997
vi. Must be large enough to accommodate the bins required.
Council’s Environmental Health Officers’ must advise in writing that the plans and WWW.GEORGESRIVER.NSW.GOV.AU
specification are considered satisfactory prior toPAPER. the issue of any Construction Certificate.
WEBSITE:
11. Fees to be paid - The fees listed in the tableBUSINESS below must be paid in accordance with the conditions of this consent and Council’s adoptedRIVER Fees and Charges applicable at the
time of payment (available at www.georgesriver.nsw.gov.auCOUNCIL ). GEORGES RIVER THE Payments must be made prior to the issue of the Construction Certificate or prior to the VISIT
commencement of work (if thereGEORGES is no associated Construction Certificate). THE PLEASE Council will only accept BankOF Cheque or Electronic Funds Transfer (EFT) for transaction COPY values of $500,000 or over.DOCUMENT Council must be contacted prior to payment to determine correct total amount to be paid and bank account details (if applicable). PRINTED A OFFICIAL IS THE A summary of THISthe fees to be paid are listed below: FOR 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 $1,900.00 Inspection Fee for Refund of Damage Deposit $155.00 Driveway Design and Inspection Fee (Dwelling) N/A Georges River Council Section 94A Development Contributions Plan $ 2500.00 2017
General Fees
The fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government
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Authorities, applicable at the time of payment.
Development Contributions 20 A Section 7.12 contribution has been levied on the subject development pursuant to the - Georges River Council Section 94A Contributions Plan 2017.
Timing of Payment The contribution must be paid and receipted by Council prior to the release of the LPP043 Construction Certificate.
Further Information A copy of the all current Development Contributions Plans may be inspected or a copy purchased at Council’s offices (Georges River Civic Centre, MacMahon Street, Hurstville and Kogarah Library and Service Centre, Kogarah Town Square, Belgrave Street, Kogarah) or viewed on Council’s website www.georgesriver.nsw.gov.au.
12. Required design changes - The following changes are required to be made and shown on the Construction Certificate plans:
Vents and discharge The location of vents and discharge outlets associated outlets with the mechanical ventilation system are to be clearly shown on the construction certificate and associated WWW.GEORGESRIVER.NSW.GOV.AU
documents. The planPAPER. is to be accompanied by certification from the design mechanical engineer that the WEBSITE:
location and dischargeBUSINESS points comply with the requirements ofRIVER AS1668. As works associated with this mechanicalCOUNCIL ventilation system are to be constructed GEORGES wholly RIVERwithin the boundaries of the subject allotment and THE not hang in over of upon any land. VISIT GEORGES 13. Erosion & Sedimentation THEControl PLEASE - Erosion and sediment controls must be provided to ensure: OF COPY DOCUMENT (a) Compliance with the approved Erosion & Sediment Control Plan PRINTED A OFFICIAL IS THE (b) Removal THISor disturbance of vegetation and top soil is confined to within 3m of the approved buildingFOR area (no trees to be removed without approval)
(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)
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 131
produced by Landcom 2004.
These measures are to be implemented prior to the commencement of work (including 20 demolition and excavation) and must remain until works are completed and all exposed - surfaces are landscaped/sealed.
Prior to Commencement of Construction LPP043 14. Surrendering of Consent - Upon activation of this consent for the use and fitout of tenancy 1 as a restaurant with associated business identification signage, any other development consents approved for this tenancy are to be surrendered to Council.
During Construction
15. 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 that creates noise on or adjacent to the site shall 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.
Note: A penalty infringement notice may be issued for any offence. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. Prior to the issue of the Occupation Certificate WEBSITE:
BUSINESS 16. Fire Safety Certificate before OccupationRIVER or Use - In accordance with Clause 153 of
the Environmental Planning and AssessmentCOUNCIL Regulation 2000, on completion of building GEORGES works and prior to the issue of an OccupationRIVER Certificate, the owner must cause the issue THE of a Final Fire Safety Certificate in accordance with Clause 170 of the aforesaid VISIT
Regulation. The Fire Safety CertificateGEORGES must be in the form or to the effect of Clause 174 of the Environmental PlanningTHE PLEASE and Assessment Regulation, 2000. In addition, in relation to each essential fire or otherOF safety measure implemented in the building or on the land COPY on which the building is situated,DOCUMENT such a Certificate is to state:
PRINTED A OFFICIAL (a) That the measureIS has been assessed by a person (chosen by the owner of the THE building) THISwho is properly qualified to do so. FOR (b) That as at the date of the assessment the measure was found to be capable of functioning at a standard not less than that required by the attached Schedule. [NOTE: ATTACH SCHEDULE]
A copy of the certificate is to be given by the applicant to the Commissioner of Fire & Rescue NSW and a further copy is to be displayed in a frame and fixed to a wall inside the building's main entrance.
17. Acoustic Compliance - Prior to the issue of any Occupation Certificate, a report prepared by a suitably qualified acoustic consultant must be submitted to the PCA certifying that the construction has incorporated the recommendations in the DA Acoustic Report titled Restaurant - Development Application - Prepared by Acoustic Logic - Dated 9 June 2020.
18. Acoustic Compliance - General Operation of Premises - The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 132
noise’ as defined in the Protection of the Environment Operations Act 1997
http://www.legislation.nsw.gov.au/. 20 - A suitably qualified person shall certify that the operation of the plant equipment shall not give rise to sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise sources under consideration by more than 5dB. The source noise level shall be assessed a in LPP043 accordance with the NSW Environment Protection Authority’s “NSW Noise Policy for Industry (2017) https://www.epa.nsw.gov.au/your-environment/noise/industrial- noise/noise-policy-for-industry-(2017)” (as amended).
Certification must be submitted to the PCA prior to the issue of any Occupation Certificate.
19. Food Premises - Inspection & Registration - Prior to the issue of any Occupation Certificate or occupation or use of any food premises:
(a) An inspection of the fit out of the Food Premises must be arranged with Council's Environmental Health Officer;
(b) A satisfactory final inspection must have been undertaken by Council's WWW.GEORGESRIVER.NSW.GOV.AU
Environmental Health Officer; and PAPER.
WEBSITE:
(c) The Food Premises must notify and registerBUSINESS its business details with Georges River Council as required under section 100 ofRIVER the Food Act 2003.
COUNCIL GEORGES Operational Conditions (Ongoing) RIVER THE
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20. Noise Control - The use ofGEORGES the premises must not give rise to the transmission of offensive noise to any placeTHE PLEASE of different occupancy. Offensive noise is defined in the Protection of the EnvironmentOF Operations Act 1997 (as amended). COPY DOCUMENT 21. Maintenance of Sound Attenuation - Sound attenuation must be maintained in PRINTED A OFFICIAL accordance withIS the Acoustic Report titled Restaurant – Development Application – THE Prepared by AcousticTHIS Logic - Dated 9 June 2020. FOR 22. Final Acoustic Report - Verification of Noise report - Within three months from the issue of an Occupation Certificate, an acoustic assessment is to be carried out by an appropriately qualified acoustic consultant, in accordance with the EPA's Industrial Noise Policy
http://www.epa.nsw.gov.au/resources/noise/ind_noise.pdf and submitted to Council for consideration. This report should include but not be limited to, details verifying that the noise control measures as recommended in the acoustic report titled Restaurant - Development Application - Prepared by Acoustic Logic - Dated 9 June 2020 are effective in attenuating noise to an acceptable noise level and that the use is not calculated to give rise to ‘offensive noise’ as defined under the provision of the Protection of the Environment Operation Act 1997 http://www.legislation.nsw.gov.au/ (as amended).
23. Prohibition of live bands - There shall be no live bands to perform in the restaurant unless approved by Georges River Council.
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24. Hours of operation - The approved hours of operation shall be restricted to the following:
7am to 10pm, Sunday to Wednesday; and 20 7am to 11pm, Thursday to Saturday - Public holidays are to operate in accordance with the hours approved for the relevant day.
LPP043 25. Business identification signage – the business identification signage must not remain illuminated outside the approved hours of operation of the commercial space.
26. General Nuisance - Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill or glare. Flashing, moving or intermittent lights or signs are prohibited.
27. Activities and storage of goods outside buildings - There shall be no activities including storing or depositing of any goods or maintenance to any machinery external to the building with the exception of waste receptacles.
28. Food Premises - Adequate waste receptacles (Restaurants) - Appropriate waste and recycling containers must be provided for waste generation rates of 0.3 to 0.6 square metres per 100 meals, plus up to 0.15 cubic metres of beverage containers per 100 WWW.GEORGESRIVER.NSW.GOV.AU meals. All waste and recycling containers shall PAPER.be stored in the approved waste storage
area that is large enough to store the requiredWEBSITE: number of bins and must be adequately
serviced by waste collection vehicles. BUSINESS RIVER 29. Food premises - maintenance of COUNCIL food premises - The food premises must be GEORGES RIVER maintained in accordance with the FoodTHE Act 2003 (as amended), Food Regulation 2015
(as amended); the Food StandardsVISIT Code as published by Food Standards Australia & New Zealand and Australian GEORGES Standard AS 4674-2004: Construction and fit out of food premises (as amended). THE PLEASE OF
COPY 30. Food premises - GarbageDOCUMENT Odour - A waste contractor shall be engaged to remove all
waste from the garbagePRINTED storage area on a regular basis so that no overflow of rubbish A OFFICIAL will occur. PracticalIS measures are also to be taken to ensure that odour emission from THE the garbage storageTHIS area does not cause offensive odour as defined under the provision of the ProtectionFOR of the Environment Operations Act, 1997 (as amended).
31. Food premises - Storage of waste - used cooking oil - Used oil shall be contained in a leak proof container and stored in a covered and bunded area prior to off-site disposal. Copies of receipts for the disposal of used cooking oil shall be kept on-site and made available to Council Officers upon request.
32. Smoke Free Compliance - The subject development consent issued by Council does not imply or otherwise verify compliance with the Smoke-Free Environment Act 2000 and/or the Smoke-Free Environment Regulation 2016. The applicant and/or owner of the premises should seek their own legal advice as to compliance with Act and/or Regulation if proprietors of the premises intend allowing smoking in any area of the premises, including that area subject of this consent.
33. No of Patrons in Licensed Premises - A sign shall be displayed in a prominent position in the building specifying the maximum number of 182 persons (including 167 patrons
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 134
and 15 staff) permitted in the building.
34. Plan of Management - The premise is to be operated at all times in accordance with the 20 Plan of Management submitted in support of the application. A copy of the Plan of - Management is to be kept on the premises at all times.
35. Amenity of the neighbourhood - The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the LPP043 comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products.
Operational Requirements Under the Environmental Planning & Assessment Act 1979
36. Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued.
37. Appointment of a PCA - The erection of a building must not commence until the applicant has:
(a) appointed a PCA for the building work; and
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(b) if relevant, advised the PCA that the work willPAPER. be undertaken as an Owner -Builder.
WEBSITE:
If the work is not going to be undertaken byBUSINESS an Owner - Builder, the applicant must: RIVER
(a) appoint a Principal Contractor toCOUNCIL undertake the building work. If residential building GEORGES work (within the meaning of theRIVER Home Building Act 1989) is to be undertaken, the THE Principal Contractor must be a holder of a contractor licence; and VISIT
GEORGES (b) notify the PCA of the detailsTHE PLEASE of any such appointment; and OF COPY (c) notify the Principal DOCUMENTContractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work. PRINTED A OFFICIAL IS THE An InformationTHIS Pack is attached for your convenience should you wish to appoint Georges River CouncilFOR as the PCA for your development.
38. 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.
39. 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.
40. Appointment of a PCA - The erection of a building must not commence until the
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 135
applicant has:
(a) appointed a PCA for the building work; and 20 - (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: LPP043 (a) 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
(b) notify the PCA of the details of any such appointment; and
(c) 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.
An Information Pack is attached for your convenience should you wish to appoint Georges River Council as the PCA for your development.
41. 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 PAPER. and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000. WEBSITE:
BUSINESS 42. Notice to be given prior to critical stage RIVERinspections - The principal contractor for a
building site, or the owner-builder, mustCOUNCIL notify the PCA at least 48 hours before each GEORGES required inspection needs to be carriedRIVER out. THE
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Where Georges River CouncilGEORGES has been appointed as the PCA, 48 hours notice in writing, or alternatively 24 hoursTHE PLEASE notice by facsimile or telephone, must be given when specified work requiring inspectionOF has been completed. COPY DOCUMENT 43. Occupation Certificate - A person must not commence occupation or use of the whole PRINTED A OFFICIAL or any part of a newIS building unless an Occupation Certificate has been issued in relation THE to the building THISor part. FOR Only the PCA appointed for the building work can issue the Occupation Certificate.
An Occupation Certificate Application Form is attached for your convenience.
Prescribed Conditions
44. Clause 98 - Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia.
45. 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 PCA and the Principal Contractor.
Advice
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46. 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 20 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 LPP043 Development, State Significant Development, Integrated Development or any application determined by the Sydney South Planning Panel or the Land & Environment Court.
47. Appeal Rights - Part 8 (Reviews and appeals) of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales.
48. Lapsing of Consent - This consent will lapse unless the development is physically commenced within 5 years from the Date of Operation of this consent, in accordance with Section 4.53 of the Environmental Planning and Assessment Act 1979 as amended.
49. Food Premises - Information on Australian Standards can be obtained from www.standards.com.au. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. Guidelines and Food Safety Standards may be obtained by contacting the Food WEBSITE:
Standards Australia New Zealand AuthorityBUSINESS at foodstandards.gov.au or the NSW Food Authority on 1300 552 406, email: [email protected] or by visiting the
website www.foodauthority.nsw.gov.auCOUNCIL. GEORGES RIVER THE Notification of Food Business under Section 100 of the Food Act 2003 requires the VISIT
proprietor of a food businessGEORGES to give written notice, in the approved form, before conducting a food business.THE Penalties PLEASE apply for failure to comply. OF COPY 50. Noise - Noise related conditionsDOCUMENT - Council will generally enforce noise related conditions in accordance with the Noise Guide for Local Government PRINTED A OFFICIAL (http://www.environment.nsw.gov.au/noise/nglg.htmIS ) and the Industrial Noise Guidelines THE (http://www.environment.nsw.gov.au/noise/industrial.htmTHIS ) publish by the Department of Environment andFOR Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.
Useful links relating to Noise:
(a) Community Justice Centres - free mediation service provided by the NSW Government (www.cjc.nsw.gov.au).
(b) Department of Environment and Conservation NSW, Noise Policy Section web page (www.environment.nsw.gov.au/noise).
(c) New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 (www.legislation.nsw.gov.au).
(d) Australian Acoustical Society - professional society of noise-related professionals
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 137
(www.acoustics.asn.au/index.php).
(e) Association of Australian Acoustical Consultants - professional society of noise 20 related professionals (www.aaac.org.au). -
(f) Department of Gaming and Racing - (www.dgr.nsw.gov.au).
51. Acoustical Engineer Contacts & Reference Material - Further information including LPP043 lists of Acoustic Engineers can be obtained from:
(a) Australian Acoustical Society-professional society of noise-related professionals (www.acoustics.org.au)
(b) Association of Australian Acoustical Consultants-professional society of noise related professionals (www.aaac.org.au)
(c) NSW Industrial Noise Policy - Office of Environment & Heritage (www.environment.nsw.gov.au)
WWW.GEORGESRIVER.NSW.GOV.AU ATTACHMENTS PAPER. Attachment ⇩ 1 Location Plan - Shop 1/1 Treacy StWEBSITE: Hurstville BUSINESS Attachment ⇩ 2 Proposed Ground Floor Plan - RIVERShop 1/1 Treacy St Hurstville
Attachment ⇩ 3 South Elevation Plan - ShopCOUNCIL 1/1 Treacy St Hurstville GEORGES RIVER Attachment ⇩ 4 Strata Plan - Shop 1/1 TreacyTHE St Hurstville
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REPORT TO GEORGES RIVER COUNCIL LPP MEETING OF THURSDAY, 03 SEPTEMBER 2020
20 - Development LPP Report No LPP044-20 DA2020/0307 Application No Site Address & Ward 8-8A Johnstone Street Peakhurst LPP044 Locality Peakhurst Ward Proposed Development Laying of drainage pipes within an existing easement located within Johnstone Reserve to drain stormwater from the development at 5 Ogilvy Street Peakhurst Owners Georges River Council Applicant Lauren Davis Planner/Architect SET Consultants Pty Ltd Date Of Lodgement 1/07/2020 Submissions Nil Cost of Works $3,800.00 Local Planning Panel The development is proposed within Council owned land Criteria List of all relevant s.4.15 Greater Metropolitan Regional Environmental Plan No 2 – matters (formerly Georges River Catchment, State Environmental Planning Policy
s79C(1)(a)) No 55 - Remediation of Land,WWW.GEORGESRIVER.NSW.GOV.AU State Environmental Planning Policy (Vegetation in NonPAPER.-Rural Areas) 2017, State Environmental PlanningWEBSITE: Policy (Infrastructure) 2007 BUSINESS Hurstville Local EnvironmentalRIVER Plan 2012, Hurstville Development Control Plan No 1, Draft Georges River Local COUNCIL Environmental PlanGEORGES 2020 RIVER List all documents Easement PlanTHE submitted with this Resistered VISITEasement Plan – Lot 14 DP 23120 report for the Panel’s StatementGEORGES of Environmental Effects THE PLEASE consideration OF
Report prepared by DevelopmentCOPY Assessment Planner DOCUMENT
PRINTED A OFFICIAL Recommendation IS That the application be approved in accordance with the THE THIS conditions included in the report. FOR
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?
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 166
Special Infrastructure Contributions Does the DA require Special Infrastructure Contributions Not Applicable
conditions (under s7.24)? 20 Conditions - Have draft conditions been provided to the applicant for No however the comment? conditions can be viewed when the report is LPP044 published.
Site Plan
WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
WEBSITE:
BUSINESS RIVER
COUNCIL GEORGES RIVER THE
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PRINTED A OFFICIAL IS THE Aerial Photo of JohnstoneTHIS Reserve outlined in red FOR
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 167
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PAPER.
Location of the approved dual occupancy seeking to drain throughWEBSITE: Johnstone Reserve BUSINESS RIVER
Executive Summary COUNCIL GEORGES RIVER THE
Proposal VISIT 1. Council is in receipt of a DevelopmentGEORGES Application (DA2020/0307) seeking consent for laying of drainage pipes withinTHE PLEASE an easement which exists within Johnstone Reserve to OF facilitate the lawful disposal of stormwater from the approved development at 5 Ogilvy COPY Street, Peakhurst. DOCUMENT
PRINTED A OFFICIAL 2. Johnstone ReserveIS comprises the following lots: THE THIS FOR Lot 14 DP 23120; Lot 12 DP23120; Lot 13 DP 23120; Lot 7 DP 26826; and Lot 102 DP 524939 (see Figure 1 below showing these lots outlined in blue)
Johnstone Reserve is known as 8 - 8A Johnstone Street, Peakhurst, and is in the ownership of Georges River Council. The allotment where the easement is located is within Lot 14 DP 2312, which is the lot adjacent to 5 Ogilvy Street Peakhurst.
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WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
WEBSITE: Figure 1 – outline of the lots within Johnstone ReserveBUSINESS the subject of this application RIVER
COUNCIL 3. 5 Ogilvy Street, Peakhurst benefits fromGEORGES a deferred commencement determination being RIVER Development Application DA2018/0432THE for demolition of an existing dwelling and
construction of a two (2) storey attachedVISIT dual occupancy. The deferred commencement condition contained in ScheduleGEORGES 1 details the following: THE PLEASE OF Schedule 1 COPY 1. Deferred CommencementDOCUMENT - Drainage - Pursuant to Section 4.16(3) of the
Environmental PlanningPRINTED and Assessment Act 1979, this consent will not operate until A OFFICIAL such time as the ISfollowing requirements are satisfied: THE THIS FOR (a) The applicant must acquire an Easement to Drain Water of 1 metre (minimum) width. The easement must allow for a piped, gravity fed system of drainage of stormwater from the subject site with direct, underground connection to Council's open drain located in the Public Garden and Recreation Space (PGRS), located immediately west of the site. Evidence of registration of the easement to drain water benefitting the subject site and burdening the title of the property identified as Lot 14 in DP23120.
(b) The applicant must obtain separate Development Consent for all drainage works to be carried out within the Easement to Drain Water. The written consent of the owner of the property burdened by the Easement will be required for the development application to carry out the drainage works on the burdened lot.
Documentary evidence as requested or the above information must be submitted within thirty six (36) months of the granting of this deferred commencement consent. Commencement of the Consent cannot commence until written approval of the submitted information has been given by Council.
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4. This development application being DA2020/0307 has been lodged to satisfy the 20 requirements of the deferred commencement condition which will then enable the - activation of Development Consent DA2018/0432.
Site and Locality 5. The lot in which the work is to be undertaken is legally described as Lot 14 DP 23120, LPP044 being one (1) of the five (5) lots comprising the Johnstone Reserve located at 8 - 8A Johnstone Street, Peakhurst. There is a second street frontage to Ogilvy Street, Peakhurst which will not be impacted by these works.
6. The proposed drainage lines are to be laid in the easement which extends through the northern area of Johnstone Reserve. The development in the immediate vicinity of Johnstone Reserve consists of low density residential development.
WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
WEBSITE:
BUSINESS RIVER
COUNCIL GEORGES RIVER THE
VISIT
GEORGES
THE PLEASE OF
COPY DOCUMENT
PRINTED A OFFICIAL IS THE THIS FOR
Figure 2: Johnstone Reserve outlined in blue and the dotted lines are the location of the easements through the reserve.
7. Johnstone Reserve is grassed and contains trees together with a drainage easement in which the proposal drainage lines are to be laid. No trees within the reserve are proposed to be removed or impacted. Existing on site is an open channel which is the existing easement. There is no 88B instrument covering the easement within this open channel. Below is a photo showing the current status of the easement within the reserve.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 170
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WWW.GEORGESRIVER.NSW.GOV.AU
PAPER.
WEBSITE:
Figure 3: Subject Site and Approximate Location ofBUSINESS Easement RIVER Zoning and Permissibility COUNCIL GEORGES 8. Johnstone Reserve is zoned RE1RIVER – Public Recreation under the provisions of the THE Hurstville Local Environmental Plan 2012 (HLEP 2012). However, permissibility for these VISIT works is gained via StateGEORGES Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) whichTHE states PLEASE under Clause 111A that: OF COPY “Development for the purposeDOCUMENT of a stormwater management system may be carried out by any person with consent on any land.” PRINTED A OFFICIAL IS THE In accordanceTHIS with the Infrastructure SEPP, the proposed application is defined as ‘a stormwater managementFOR system’ as it involves the laying of pipework within a registered drainage easement.
Submissions 9. In accordance with the Hurstville Development Control Plan No.1, under clause 2.2.3.1 a) the application is not required to be notified, therefore there are no submissions.
Conclusion 10. Councils Development Engineer, Consultant Arborist and Property Department have reviewed the proposal and the application is considered to be acceptable subject to conditions of consent.
11. The proposed development complies with the planning controls and objectives of the State Environmental Planning Policy (Infrastructure) 2007 and Hurstville Local Environmental Plan 2012 and the Hurstville Development Control Plan. The proposed development does not seek any variations to these environmental planning instruments.
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Report in Full
Proposal 20 12. Council is in receipt of a Development Application (DA2020/0307) seeking consent for - the laying of drainage pipes within an existing easement within Johnstone Reserve to facilitate the lawful disposal of stormwater from the approved development at 5 Ogilvy Street, Peakhurst, through Johnstone Reserve, which is in the ownership of Georges River Council. LPP044
13. Johnstone Reserve encompasses Lot 14 DP 23120, Lot 12 DP23120, Lot 13 DP 23120, Lot 7 DP 26826 and lot 102 DP 524939 (see Figure 1 previously in this report showing these lots outlined in blue). The development will occur only on Lot 14 DP 23120. Owners consent was provided by Georges River Council for the lodgement of this application, given all works the subject of this application are within Council land. The proposed works are specifically outlined below.
14. The proposed drainage lines are to be laid in the easement which intersects through the northern section of Johnstone Reserve. Johnstone Reserve is grassed and contains trees together with a drainage easement, none of the trees within the reserve are proposed to be removed and conditions from Council’s Arborist have been imposed.
The Site and Locality WWW.GEORGESRIVER.NSW.GOV.AU
15. Johnstone Reserve is grassed and contains a drainagePAPER. easement and large trees, none of which are proposed to be removed or impacted. Johnstone Reserve has two (2) road WEBSITE:
frontages being to Ogilvy Street and JohnstoneBUSINESS Street. Johnstone Reserve has an approximate area of 8560.6sqm. RIVER
COUNCIL GEORGES 16. The development in the immediateRIVER vicinity of Johnstone Reserve is low density THE residential and is in close proximity to Henry Lawson Drive. The drainage works VISIT
proposed within an existing easementGEORGES will discharge into an open channel which is the subject of a separate registeredTHE PLEASE easement. OF COPY Background DOCUMENT 17. The subject development application (DA2020/0307) was lodged on 30 July 2020. During PRINTED A OFFICIAL the assessment ISof the application the proposal was reviewed by Council’s Development THE Engineer, ConsultantTHIS Arborist, and Property Department. The proposal is considered acceptable subjectFOR to conditions.
18. This application was required following the determination of DA2018/0432 for a dual occupancy development 5 Ogilvy Street, Peakhurst by way of deferred commencement where it was required that a separate application be required for the easement and associated pipe works.
19. The easement burdening Johnstone Reserve was registered on 2 July 2020.
APPLICABLE PLANNING CONTROLS
Statutory consideration
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 State Environmental Planning Policies (SEPPs) 20. Compliance with the relevant SEPPs is summarised in the following table and discussed in further detail below it.
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SEPP Title Complies
Greater Metropolitan Regional Environmental Plan No 2 – Georges Yes 20 River Catchment - State Environmental Planning Policy No 55 - Remediation of Land Yes State Environmental Planning Policy (Vegetation in Non-Rural Areas) Yes 2017 LPP044 State Environmental Planning Policy (Infrastructure) 2007 Yes
Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment 21. The primary relevant aims and objectives of this plan are:
to maintain and improve the water quality and river flows of the Georges River and its tributaries and ensure that development is managed in a manner that is in keeping with the national, State, regional and local significance of the Catchment, to protect and enhance the environmental quality of the Catchment for the benefit of all users through the management and use of the resources in the Catchment in an ecologically sustainable manner, to ensure consistency with local environmental plans and also in the delivery of the principles of ecologically sustainable development in the assessment of development within the Catchment where there is potential to impact adversely on groundwater
and on the water quality and river flows within theWWW.GEORGESRIVER.NSW.GOV.AU Georges River or its tributaries, to establish a consistent and coordinated approachPAPER. to environmental planning and assessment for land along the Georges WEBSITE: River and its tributaries and to promote BUSINESS integrated catchment management policiesRIVER and programs in the planning and management of the Catchment COUNCIL GEORGES RIVER 22. The DA includes a proposed stormwaterTHE easement plan by Australian Consulting Engineers, which documents the locationVISIT of the piping from the approved dual occupancy into the reserve. GEORGES THE PLEASE OF
23. The stormwater designCOPY was referred to Council’s Development Engineer for review. No objection was raised withDOCUMENT respect to the management and disposal of stormwater subject to the imposition ofPRINTED conditions of consent. A OFFICIAL IS THE THIS 24. In summary, theFOR proposal will not contravene the aims, objectives or purpose of the planning instruments subject to the imposition of the conditions recommended by the Development Engineer.
State Environmental Planning Policy No 55 - Remediation of Land (SEPP 55) 25. SEPP 55 aims to promote the remediation of contaminated land in order to reduce the risk of harm to human health or any other aspect of the environment.
26. Clause 7 requires contamination and remediation to be considered in determining a DA. The consent authority must not consent to the carrying out of development on land unless it has considered whether or not the land is contaminated.
27. A review of the deposited plan associated with Lot 14 DP 23120 indicates that the space has been “Garden and Recreation Space” since 1951. Contamination is not known to exist on this site.
State Environmental Planning Policy (Infrastructure) 2007
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28. The aim of the Infrastructure SEPP is to facilitate the effective delivery of infrastructure across the State. The Infrastructure SEPP provided provisions around development likely
to affect an electricity transmission or distribution network under Division 5 and also 20 provides provisions around stormwater management systems under Division 20. -
29. In accordance with Clause 45 (2) of the State Environmental Planning Policy (Infrastructure) 2007, the application was referred to Ausgrid. At the time of writing this report no response has been received and the twenty one (21) days for comment have LPP044 since passed as the referral was sent on 30 July 2020.
30. Clause 111A of the SEPP Infrastructure, “Development permitted with consent”, is relevant to this Development Application on the basis that the proposal gains its permissibility from this clause. Clause 111A states
“Development for the purpose of a stormwater management system may be carried out by any person with consent on any land.”
Stormwater Management includes the discharge of stormwater such as drainage works.
31. The proposal is not inconsistent with the Infrastructure SEPP.
Draft Remediation of Land SEPP WWW.GEORGESRIVER.NSW.GOV.AU
32. The Department of Planning and Environment PAPER. has announced a Draft Remediation of Land SEPP, which will repeal and replace the current State Environmental Planning WEBSITE:
Policy No 55—Remediation of Land. BUSINESS RIVER
33. The main changes proposed include COUNCIL the expansion of categories of remediation work GEORGES which requires development consent,RIVER a greater involvement of principal certifying THE authorities particularly in relation to remediation works that can be carried out without VISIT
development consent, more comprehensiveGEORGES guidelines for Councils and certifiers and the clarification of the contaminationTHE PLEASE information to be included on Section 149 Planning Certificates. OF COPY DOCUMENT 34. Whilst the proposed SEPP will retain the key operational framework of SEPP 55, it will PRINTED A OFFICIAL adopt a more modernIS approach to the management of contaminated land. The Draft THE SEPP will not alterTHIS or affect the findings in relation to contamination of the site. FOR State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 35. The Vegetation SEPP aims to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.
36. The Vegetation SEPP applies to clearing of:
(a) Native vegetation above the Biodiversity Offset Scheme (BOS) threshold where a proponent will require an approval from the Native Vegetation Panel established under the Local Land Services Amendment Act 2016; and (b) Vegetation below the BOS threshold where a proponent will require a permit from Council if that vegetation is identified in the council’s development control plan (DCP).
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37. The Vegetation SEPP repeals clauses 5.9 and 5.9AA of the Standard Instrument - Principal Local Environmental Plan with regulation of the clearing of vegetation (including
native vegetation) below the BOS threshold through any applicable DCP. 20 - 38. The proposal does not involve the removal of any trees or any trees to be impacted by the development. Council’s Consultant Arborist has conditioned the proposal with regards to the protection of trees. On this basis, the proposal is consistent with relevant provisions of the Vegetation SEPP. LPP044
Draft Environment SEPP 39. 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.
40. 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) WWW.GEORGESRIVER.NSW.GOV.AU Sydney Regional Environmental Plan (SydneyPAPER. Harbour Catchment) 2005 Willandra Lakes Regional Environmental PlanWEBSITE: No. 1 – World Heritage Property BUSINESS RIVER 41. The proposal is consistent with the provisions of this Draft Instrument. COUNCIL GEORGES RIVER Draft Georges River Local EnvironmentalTHE Plan 2020 42. Consideration is given to the provisionsVISIT of Draft Georges River Local Environmental Plan 2020 in the assessment this application.GEORGES It should be noted that there are not proposed to THE PLEASE be any significant changesOF to the planning controls pertaining to this site under the
provisions of the Draft GeorgesCOPY River Local Environmental Plan 2020, and the zoning of the property is to remain DOCUMENTas RE1 – Public Recreation.
PRINTED A OFFICIAL 43. In this regard, theIS provisions have no determining weight as a result of proposed THE THIS operation of ClauseFOR “1.8A Savings provisions relating to development applications” of the Draft Plan which provides “If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.”
ENVIRONMENTAL PLANNING INSTRUMENTS Hurstville Local Environmental Plan 2012 (HLEP 2012) 44. The subject site is zoned Zone RE1 – Public Recreation under the provisions of the Hurstville Local Environmental Plan 2012. The proposed works are not a listed permissible use under the HLEP, however permissibility is gained via the Infrastructure SEPP, this development is permissible via this instrument.
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Figure 4: Zoning map
45. The site is flood prone however due to the nature of the development this matter does not require additional consideration as the works are seeking to control stormwater WWW.GEORGESRIVER.NSW.GOV.AU discharge by piping it through the registered drainagePAPER. easement.
WEBSITE:
DEVELOPMENT CONTROL PLANS BUSINESS Hurstville Development Control Plan No.1 (HDCP)RIVER 46. The proposal is not affected by any ofCOUNCIL the controls within the HDCP, however this work GEORGES allows for lawful drainage disposalRIVER from the approved development at 5 Ogilvy Street THE Peakhurst (DA2018/0432). These provisions are addressed in more detail within the VISIT
following table. GEORGES THE PLEASE HDCP COMPLIANCE TableOF COPY Required DOCUMENT Proposed Complies 4.3 Dual Occupancy PRINTED A OFFICIAL PC15. StormwaterIS THE Stormwater managementTHIS is FOR in accordance with the provisions contained in Section 4.4 Dwelling Houses on Standard Lots – PC.11. Section 4.4 – PC.11. states the following:
DS11.2 - Stormwater This application – DA2020/0307 Complies drainage is to occur by: will enable the stormwater from the (b)an easement over approved Dual Occupancy adjoining properties to (DA2018/0432) at 5 Ogilvy Street, Council’s drainage system Peakhurst to drain lawfully in and / or across the site to accordance with this clause. allow drainage from another lot.
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DS11.3 – Where drainage Council’s Development Engineers Complies by gravity is involved this have provided comments and
must not cause raised no objection in this regard, 20 ponding/backwater effects subject to recommended - on upstream properties. conditions.
DS11.5 - Where drainage by There are no buildings proposed to Complies an easement is involved, no be built over, on or within the LPP044 buildings are allowed to be easement only the laying of the constructed over easements. necessary pipework.
DS11.7 – Development is Council’s Development Engineers Complies not to concentrate overland have provided comments and flow of stormwater onto an raised no objection in this regard, adjoining property. subject to recommended conditions.
DEVELOPER CONTRIBUTIONS 47. The proposed development will not require payment of developer contributions under Section 7.11 of the Environmental Planning and Assessment Act 1979.
48. Also, the development does not require payment of contributions under Section 7.12 of WWW.GEORGESRIVER.NSW.GOV.AU
the Environmental Planning & Assessment ActPAPER. 1979, because the estimated cost of works is less than $100,000. WEBSITE:
BUSINESS IMPACTS RIVER Natural Environment COUNCIL GEORGES 49. The proposal is unlikely to result inRIVER adverse impacts on the natural environment subject THE to the development being conducted in accordance with the conditions recommended VISIT from Council’s Consultant Arborist.GEORGES A condition that will protect the trees during the excavation for the pipe will THE be PLEASE imposed. The excavation is minimal and is only for the extent of the easement. AppropriateOF stormwater conditions have been recommended. COPY DOCUMENT Built Environment PRINTED A OFFICIAL 50. The proposal willIS have no impact regarding the built environment beyond allowing the THE consent for DA2018/0432THIS to be activated subject to other conditions. FOR Social Impact 51. No adverse social impacts have been identified as part of the assessment. The piping within the easement will in principle cater for an approved development which will assist with providing additional housing in the area, subject to the activation of DA2018/0432.
Economic Impact 52. There is no apparent adverse economic impact that is likely to result within the locality due to the construction of the piping in the easement.
Suitability of the site 53. The proposal is a permissible form of development via the State Environmental Planning Policy (Infrastructure) 2007. The site is suitable for the laying of pipework within a registered easement.
SUBMISSIONS AND THE PUBLIC INTEREST
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54. The application was not required to be neighbour notified in accordance with the Hurstville Development Control Plan No.1 and no submissions have been received.
20 REFERRALS - Council Referrals
Development Engineer 55. The DA was referred to Council’s Development Engineer for review and comment in LPP044 relation to the proposal. The application is supported subject to conditions.
Drainage Engineer 56. The DA was referred to Council’s Drainage Engineer for review in relation to drainage through a Councils asset. The Drainage Engineer has supported the proposal subject to conditions of consent, which relate to the protection of underground services and other assets.
Consultant Arborist 57. Council’s Consultant Arborist raised no objection to approval of the DA subject to conditions. These are to protect the large trees within the site located near the easement. These conditions are included within the recommendation below.
Property Department WWW.GEORGESRIVER.NSW.GOV.AU
58. Council’s Property Department raised no objectionPAPER. to the proposal and no conditions recommended given the easement has been registered. WEBSITE:
BUSINESS Section 68 – Local Government Act 1993 RIVER
59. It is acknowledged that this applicationCOUNCIL will result in the need for an additional approval GEORGES relating to the physical works beingRIVER undertaken to lay the pipes. Given this work is THE proposed within a Council Reserve the approval pathway for this is under Section 68 of VISIT
the Local Government Act 1993,GEORGES as detailed below: THE PLEASE Section 68 – Part B 5 - CarryOF out stormwater drainage work. COPY DOCUMENT 60. As part of this application, details will need to be provided to Council’s Assets and PRINTED A OFFICIAL Infrastructure TeamIS as to how the works will be physically undertaken the status of the THE site post the worksTHIS being completed to ensure there is no loss of public amenity to the Reserve. FOR
External Referrals
Ausgrid 61. The DA was referred to Ausgrid in accordance with Clause 45 of State Environmental Planning Policy (Infrastructure) 2007. At the time of writing this report, no response has been received.
CONCLUSION 62. The proposal has been assessed with regard to the matters for consideration listed in Section 4.15 of the Environmental Planning and Assessment Act 1979. The proposal is an appropriate response to the context and constraints of the site and will result in facilitating drainage associated with an approved development. The application is consistent with the relevant State Environmental Planning Policies, Hurstville Local Environmental Plan, Hurstville Development Control Plan. The proposal will adequately respect the character of RE1 zoned land and the proposal is appropriate on the site.
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63. For the above reasons, the proposal is recommended for approval subject to the
conditions included within the recommendation below. 20 - DETERMINATION AND STATEMENT OF REASONS Statement of Reasons 64. The reasons for this recommendation are: The proposal will facilitate lawful drainage associated with an approved attached dual LPP044 occupancy development. The proposal complies with State Environmental Planning Policy (Infrastructure) 2007. The proposed development is considered to be appropriate for the site. Subject to the implementation of the recommended conditions, the development will not create unreasonable impacts upon the natural or built environment.
Determination 65. THAT pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act 1979 (as amended) the Georges River Local Planning Panel grant development consent to Development Application DA2020/0307 for the laying of drainage pipework within a registered easement located within Johnstone Reserve being Lot 14 DP 231220 known as 8 - 8A Johnstone Street, Peakhurst subject to the following conditions of consent:
WWW.GEORGESRIVER.NSW.GOV.AU Development Details PAPER.
WEBSITE:
1. Approved Plans - The development mustBUSINESS be implemented in accordance with the approved plans and supporting documentationRIVER listed below which have been endorsed by Council’s approved stamp, except whereCOUNCIL marked up on the plans and/or amended by GEORGES RIVER conditions of this consent: THE
VISIT Description ReferenceGEORGES No. Date Revision Prepared by Easement Plan 201 THE PLEASE 07/05/2020 A Australian Consulting OF Engineers COPY DOCUMENT
Separate Approvals RequiredPRINTED Under Other Legislation A OFFICIAL IS THE THIS 2. Section 138 RoadsFOR Act 1993 and Section 68 Local Government Act 1993 - Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.
Separate approval is required under Section 138 of the Roads Act 1993 and/or Section 68 of 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.
An application is required to be lodged and approved prior to the commencement of any of the following works or activities;
(a) Placing or storing materials or equipment;
(b) Placing or storing waste containers or skip bins;
(c) Erecting a structure or carrying out work
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(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;
20 (e) Pumping concrete from a public road; -
(f) Pumping water from the site into the public road;
(g) Constructing a vehicular crossing or footpath; LPP044
(h) Establishing a “works zone”;
(i) Digging up or disturbing the surface of a public road (eg 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.
(m) Carry out stormwater drainage work within a Council Reserve. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. These separate activity approvals must be obtained and evidence of the approval WEBSITE:
provided to the Certifying Authority prior to BUSINESSthe issue of the Construction Certificate. RIVER
The relevant Application Forms for theseCOUNCIL activities can be downloaded from Council’s GEORGES website www.georgesriver.nsw.gov.auRIVER . For further information, please contact Council’s THE Customer Service Centre on (02) 9330 6400. VISIT
GEORGES Requirements of Concurrence, IntegratedTHE PLEASE & Other Government Authorities OF COPYTM 3. Sydney Water - Tap in DOCUMENT - The approved plans must be submitted to a Sydney Water Tap inTM to determine whether the development application will affect Sydney Water’s PRINTED A OFFICIAL sewer and waterIS mains, stormwater drains and/or easements, and if further THE requirements needTHIS to be met. The approved plans will be appropriately endorsed. For details please refeFOR r to ‘Plumbing, building and developing’ section of Sydney Water’s web site at www.sydneywater.com.au then see ‘Building’, or telephone 13000 TAP IN (1300 082 746). The Certifying Authority must ensure that a Tap inTM agent has appropriately stamped the plans prior to the issue of the Construction Certificate.
Prior to the Issue of a Section 68 Approval for the work within Johnstone Reserve
4. Detailed Stormwater Drainage Design - The submitted stormwater plan has been assessed as a concept plan only. A detailed drainage design supported by a catchment area plan and drainage calculations (including a Hydraulic Grade Line Analysis) must be submitted with the Section 68 of the Local Government Act application.
5. Access to Councils Reserve - In order to gain access to Councils reserve, prior to the Section 68 Approval, the applicant shall submit and have approved an "Access through Council Parks and Reserves" form.
6. Fees to be paid - The fees listed in the table below must be paid in accordance with the
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conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment (available at www.georgesriver.nsw.gov.au).
20 Payments must be made prior to the issue of the Section 68 Approval. -
Please contact Council prior to the payment of Section 7.11 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council. LPP044
Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council must 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 $1,900.00
Inspection Fee for Refund of Damage Deposit WWW.GEORGESRIVER.NSW.GOV.AU $155.00 PAPER.
General Fees WEBSITE: BUSINESS RIVER The fees and charges above are subject to change and are as set out in the version of COUNCIL Council's Schedule of Fees and ChargesGEORGES or as required by other Government RIVER Authorities, applicable at the time of payment.THE
VISIT 7. Damage Deposit - Minor WorksGEORGES - In order to insure against damage to Council property THE PLEASE the following is required: OF
COPY a) Pay Council, beforeDOCUMENT the issue of the Section 68 Approval, a damage deposit for the
cost of makingPRINTED good any damage caused to any Council property as a result of the A OFFICIAL development:IS $1,900.00 THE THIS FOR b) Pay Council, before the issue of the Section 68 Approval, a non-refundable inspection fee to enable assessment of any damage and repairs where required: $155.00
c) Submit to Council, before the commencement of work, a photographic record 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 inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.
8. Site Management Plan - Minor Development - A Site Management Plan detailing all weather access control points, sedimentation controls, fencing, builder’s site sheds office, amenities, materials storage and unloading arrangements must be submitted with the application for the Section 68 Approval.
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9. Erosion & Sedimentation Control - Erosion and sediment controls must be provided to
ensure: 20 - (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) LPP044
(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 WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. (h) Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) WEBSITE:
produced by Landcom 2004. BUSINESS RIVER
These measures are to be implementedCOUNCIL prior to the commencement of work (including GEORGES demolition and excavation) and mustRIVER remain until works are completed and all exposed THE surfaces are landscaped/sealed. VISIT
GEORGES 10. Piping Construction - TheTHE constructionPLEASE of the pipe within the easement shall be in accordance with AS3500.3:2018.OF COPY DOCUMENT 11. Stormwater Drainage Plan Details - Stormwater drainage plans including pipe sizes, PRINTED A OFFICIAL type, grade, length,IS invert levels, dimensions and types of drainage pits prepared by a THE professional engineeringTHIS specialising in hydraulic engineering shall be submitted with the Section 68 Application.FOR
These plans shall be prepared in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Policy.
12. Structural details - Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns and other structural members. The details are to be submitted to Council for approval prior to construction of the specified works.
13. Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to Council prior to the issue of the Section 68 Approval.
14. Tree Protection and Retention - The following trees shall be retained and protected:
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 182
Tree Species Location of Tree / Tree No. Tree Protection Zone
(metres) TPZ as per 20 AS4970 -2009 Fencing - distance from trunk Syncarpia glomulifera Within Councils reserve (as 2.4 metres radially out shown upon easement plan) from its trunk LPP044 Syncarpia glomulifera Within Councils reserve (as 2.4 metres radially out shown upon easement plan) from its trunk All excavations within Councils reserve for the purposes of the stormwater piping to the creek must only be completed by hand only. No machinery is permitted within the Councils reserve. All excavated remaining spoil must be removed from the reserve and ground levels must be left as original.
(a) The client shall engage a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Arboricultural Association or Affiliation.
(b) A certificate of compliance letter for tree protection measures shall be completed and forwarded to the PCA - Principal Certifying Authority, at three (3) stages being before excavation works, during works and once all piping and headwall has been
completed, that tree protection measures have beenWWW.GEORGESRIVER.NSW.GOV.AU installed and maintained during the stormwater / headwall installation process.PAPER.
WEBSITE: Tree Protection Measures BUSINESS RIVER
c) All trees on Council property, subjectCOUNCIL site and adjacent sites, to be retained shall be GEORGES RIVER protected before site set up andTHE maintained during demolition, excavation and
construction of the site. VISIT GEORGES d) Although trees may be onTHE PLEASE adjacent sites, the tree protection fencing must be placed OF on the nominated distances as per table above, out from the trees trunk, within the COPY subject site to minimiseDOCUMENT impacts to neighbours trees and kept for the entirety of the
project. PRINTED A OFFICIAL IS THE e) The tree protectionTHIS measures must be in undertaken in accordance AS4970 -2009 FOR Protection of trees on development sites.
f) Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a qualified Arborist who holds an AQF Level 5 or above in Arboriculture and who is a current practicing and financial member of an Arboricultural Association or Affiliation.
g) The engaged AQF 5 Consulting Project Arborist must be present on-site during the stages of site set up, excavation, demolition and construction when works are being undertaken that could impact on the tree canopy or root zone within the tree protection zone of each tree.
h) In accordance with AS 4970-2009 Protection of trees on development sites, a protective fence consisting of 2.4 x 1.8 metres high, fully supported chainmesh fence shall be used. The distance of the fence out from the base of each tree is to be in accordance with the TPZ listed in the table above. A layer of organic mulch 100
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 183
millimetres thick shall be placed over the protected area and no soil or fill should be placed within the protection area.
20 i) To preserve both Syncarpia glomulifera trees, no work shall commence until the - trunk/ branches are protected, in accordance with AS4970 - 2009, Protection of trees on development sites, by the wrapping of geo woven fabric around the trunk 4 / 5 times and the placement of two metre long, lengths of 50mm x 100mm timber battens vertically arranged around the trunk, with 100mm spacing’s. The timber LPP044 battens shall be secured by wire/ hoop straps but not secured into the tree itself. The trunk/ branch protection shall be maintained intact until the completion of all works upon the site.
j) No building products, materials or product mixing shall be stored within the TPZ of the trees.
Excavation works near tree to be retained
k) Excavations around the trees to be retained on site or the adjoining properties shall be supervised by the AQF 5 Project Arborist to ensure that the root system will not adversely be affected.
l) Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become WWW.GEORGESRIVER.NSW.GOV.AU
compromised by any excavation works, the PAPER.AQF 5 Project arborist shall be consulted to establish the position of any major roots and determine the necessary measures to WEBSITE:
protect these roots. The recommendationsBUSINESS of the Arborist shall be submitted to Council prior to any further demolition orRIVER construction works taking place.
COUNCIL GEORGES m) Tree Protection Zones aroundRIVER the trees to be retained are not to have soil level THE changes, building product / materials stored or services installed in this area. Any VISIT
structures proposed to be GEORGESbuilt in this area of the trees are to utilise pier and beam or cantilevered slab construction.THE PLEASE OF COPY 15. Tree Removal & ReplacementDOCUMENT - No trees are to be removed under any circumstance within Councils reserve/ creek area. PRINTED A OFFICIAL IS Prior to the CommencementTHE of Work (Including Demolition & Excavation) THIS FOR 16. Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate. The sequence number obtained from “Dial Before You Dig” shall be forwarded to the Principal Certifying Authority (PCA) and Council for their records.
17. Registered Surveyors Report - During Development Work - A report must be submitted to Council at each of the following applicable stages of construction:
a) Set out before commencing of works.
b) Completion of all work.
Work must not proceed beyond each stage until the PCA is satisfied that the height and location of the building is proceeding in accordance with the approved plans.
During Construction
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 184
18. 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 20 hand tools) or any power operated plant and machinery that creates noise on or adjacent - to the site shall 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. LPP044 Note: A penalty infringement notice may be issued for any offence.
19. Site sign - Soil & Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), a durable site sign, in conjunction with this consent, must be erected in a prominent location on site. The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls. The sign must remain in a prominent location on site up until the completion of all site and building works.
20. Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved by Council.
21. Cost of work to be borne by the applicant - The applicant shall bear the cost of all WWW.GEORGESRIVER.NSW.GOV.AU
works associated with the construction of thePAPER. development that occurs on Council property. Care must be taken to protect Council's roads, including the made footway, WEBSITE:
kerbs, etc., and, where plant and vehiclesBUSINESS enter the site, the footway shall be protected against damage by deep-sectioned timberRIVER members laid crosswise, held together by
hoop iron straps and chamfered at theirCOUNCIL ends. This construction shall be maintained in a GEORGES state of good repair and condition throughoutRIVER the course of construction. THE
VISIT
22. Obstruction of Road or FootpathGEORGES - The use of the road or footpath for the storage of any building materials, wasteTHE materials,PLEASE temporary toilets, waste or skip bins, or any other matter is not permitted unlessOF separately approved by Council under Section 138 of the COPY Roads Act 1993 and/or DOCUMENTunder Section 68 of the Local Government Act 1993. Penalty infringement Notices may be issued for any offences and severe penalties apply. PRINTED A OFFICIAL IS THE 23. Waste ManagementTHIS Facility - All materials removed from the site as a result of demolition, siteFOR clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. No vegetation, article, building material, waste or the like shall be ignited or burnt.
Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the PCA and Council, where Council is not the Principal Certifying Authority.
Prior to the issue of the Completion of the Work and Finalisation of the Section 68 Approval Works
30. Prior to the Finalisation of the Section 68 Approval - Tree Protection Measures a) A final certificate of compliance letter, once all excavation, pipe laying, headwall, backfilling and spoil removal has been completed, from the engaged AQF 5 Consulting Arborist to the nominated PCA, that tree protection measures have been installed and maintained for the entirety of the project and report on the condition of the trees that as part of this Consent, were to be protected and retained.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 185
b) A copy of the Hurstville City Council’s Tree Removal and Pruning Guidelines and Kogarah City Council, Street Tree Management Strategy, Masterplan, and Tree
Management Policy 2019, can be downloaded from Council’s website 20 www.georgesriver.nsw.gov.au. -
Prescribed Conditions
31. Clause 98 - Building Code of Australia & Home Building Act 1989 - Requires all LPP044 building work to be carried out in accordance with the Building Code of Australia. In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.
32. 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 PCA and the Principal Contractor.
33. Clause 98B - Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council. The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989. WWW.GEORGESRIVER.NSW.GOV.AU 34. Clause 98E - Protection & support of adjoiningPAPER. premises - If the development involves excavation that extends below the levelWEBSITE: of the base of the footings of a building BUSINESS on adjoining land, this prescribed conditionRIVER requires the person who benefits from the
development consent to protect andCOUNCIL support the adjoining premises and where necessary underpin the adjoining premisesGEORGES to prevent any damage. RIVER THE 35. Clause 98E - Site Excavation - VISIT Excavation of the site is to extend only to that area required for building works depictedGEORGES upon the approved plans. All excess excavated THE PLEASE material shall be removed OFfrom the site.
COPY All excavations and backfillingDOCUMENT associated with the erection or demolition of a building PRINTED must be executed Asafely OFFICIAL and in accordance with appropriate professional standards. IS THE THIS All excavations FORassociated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.
If the soil conditions require it, retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage.
Advice
36. 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.
Georges River Council – Local Planning Panel Thursday, 3 September 2020 Page 186
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. 20 - 37. Appeal Rights - Part 8 (Reviews and appeals) of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales. LPP044
38. Lapsing of Consent - This consent will lapse unless the development is physically commenced within 5 years from the Date of Operation of this consent, in accordance with Section 4.53 of the Environmental Planning and Assessment Act 1979 as amended.
39. Access to NSW Legislations (Acts, Regulations and Planning Instruments) - NSW legislation can be accessed free of charge at www.legislation.nsw.gov.au
40. 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. More information about the scheme and the levy amount you are required to pay to satisfy a condition of your consent can be found at http://www.longservice.nsw.gov.au. WWW.GEORGESRIVER.NSW.GOV.AU
PAPER. The required Long Service Levy payment can be direct to the Long Service Corporation WEBSITE:
via their web site https://online.longservice.nsw.gov.au/bci/levyBUSINESS . Payments can only be processed on-line for the full levy owing andRIVER where the value of work is between $25,000
and $6,000,000. Payments will be acceptedCOUNCIL for amounts up to $21,000, using either GEORGES MasterCard or Visa. RIVER THE
VISIT
41. Site Safety Fencing - Site GEORGES fencing must be erected in accordance with SafeWork Guidelines, to exclude publicTHE PLEASE access to the site throughout the demolition and/or construction work, except OFin the case of alterations to an occupied dwelling. The fencing COPY must be erected before DOCUMENTthe commencement of any work and maintained throughout any demolition and construction work. PRINTED A OFFICIAL IS THE A demolition licenceTHIS and/or a high risk work license may be required from SafeWork NSW (see www.SafeWork.nsw.gov.au).FOR
ATTACHMENTS Attachment ⇩ 1 Registered Plan of Easement - Lot 14 DP 23120 Attachment ⇩ 2 Stormwater Easement Plan
Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 3 September 2020 LPP044-20 8-8A JOHNSTONE STREET PEAKHURST [Appendix 1] Registered Plan of Easement - Lot 14 DP 23120 Page 187
Attachment 1 Attachment
20 - LPP044
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WEBSITE:
BUSINESS RIVER
COUNCIL GEORGES RIVER THE
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GEORGES
THE PLEASE OF
COPY DOCUMENT
PRINTED A OFFICIAL IS THE THIS FOR
Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 3 September 2020 LPP044-20 8-8A JOHNSTONE STREET PEAKHURST [Appendix 1] Registered Plan of Easement - Lot 14 DP 23120 Page 188
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COUNCIL GEORGES RIVER THE
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GEORGES
THE PLEASE OF
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PRINTED A OFFICIAL IS THE THIS FOR
Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 3 September 2020 LPP044-20 8-8A JOHNSTONE STREET PEAKHURST [Appendix 1] Registered Plan of Easement - Lot 14 DP 23120 Page 189
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COUNCIL GEORGES RIVER THE
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GEORGES
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Georges River Council - Georges River Local Planning Panel (LPP) - Thursday, 3 September 2020 LPP044-20 8-8A JOHNSTONE STREET PEAKHURST [Appendix 2] Stormwater Easement Plan Page 190
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COUNCIL GEORGES RIVER THE
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PRINTED A OFFICIAL IS THE THIS FOR