City of Ryde - DEVELOPMENT COMMITTEE 03/05 - 1 March 2005 · 2016. 2. 2. · CITY OF RYDE DEVELOPMENT COMMITTEE AGENDA NO. 3/05 The above Committee will meet on Tuesday, 1 March,

CITY OF RYDE

DEVELOPMENT COMMITTEE AGENDA NO. 3/05

The above Committee will meet on Tuesday, 1 March, 2005 in Committee RoomNo. 2, Fifth Floor, Civic Centre, Ryde at 4.00pm to discuss the following matters. Any matters not determined at the meeting will be considered by the Council atits meeting to be held on Tuesday, 8 March, 2005.

CONTENTS

Item Property/Subject Page

1 CONFIRMATION OF COMMITTEE REPORT ..................................................... 1

2 15 POOLEY STREET, RYDE. LOT: 11 DP: 26692. LocalDevelopment Application for demolition of dwelling and constructa two storey dwelling. LDA 904/2004. Applicant: Rawson HomesPty Ltd.INSPECTION 4.20PM & INTERVIEW 5.20PM ................................................ 2

3 13 HILLVIEW ROAD EASTWOOD. LOT: 65 DP: 8043. Section 96application to modify Development Consent No. 234/2003 issuedfor two storey rear addition to dwelling and new garage. LDA234/2003 Section 96 Modification No. 234.2/2003. Applicant:Blueform Design.INSPECTION 4.40PM & INTERVIEW 5.30PM .............................................. 28

4 16 TERRY ROAD EASTWOOD. LOT: 1 DP: 324937. LocalDevelopment Application for demolition of dwelling house & pooland construction of 51 place (maximum) childcare centre. LDA806/2004. Applicant: D Studio Architects Pty Ltd.INSPECTION 4.55PM & INTERVIEW 5.35PM .............................................. 40

5 80 HERMITAGE ROAD WEST RYDE. LOT: 9 DP: 24562. LocalDevelopment Application for Awning for a car wash bay and torescind a resolution set by Council in 1974 setting the frontbuilding line to 3.35m. LDA 945/2004. Applicant: Ian Cubitt'sClassic Home Improvements.INSPECTION 5.10PM & INTERVIEW 5.40PM .............................................. 58

6 2 GRAF AVENUE WEST RYDE. Lot 11 in DP 24732. LocalDevelopment Application for fit out of the West Ryde Library. LDANo. 1012/2004. Applicant: City of Ryde. Owner: City of Ryde. ................ 76

CITY OF RYDE

Development Committee Agenda No. 3/05 Page 1

ITEM 1

CONFIRMATION OF COMMITTEE REPORT

RECOMMENDATION: That the report of the meeting of the DevelopmentCommittee No. 2/05 held on 15 February 2005, be confirmed.

CITY OF RYDE


ITEM 2

15 POOLEY STREET, RYDE. LOT: 11 DP: 26692. Local DevelopmentApplication for demolition of dwelling and construct a two storey dwelling.LDA 904/2004. Applicant: Rawson Homes Pty Ltd.

INSPECTION 4.20PMINTERVIEW 5.20PM

Manager Environmental Assessment Reports 10 February 2005

FILE NO: LDA 04/904

EXECUTIVE SUMMARY

This report considers an application to demolish a dwelling and construct a new twostorey residential dwelling. The dwelling generally complies with the provisions of theRyde Planning Scheme Ordinance and Development Control Plan No. 17A (DCPNo. 17A) for Dwelling Houses and Duplex Buildings except for the minimum size ofthe lot and the proposed floor space ratio.

It is recommended that the application be approved subject to a DeferredCommencement Consent with conditions imposed for a reduction in the floorspace of18.3m2 to make the proposal comply with DCP No. 17A.

Reason for Referral to Development Committee: Non-compliance withDevelopment Control Plan No. 17A for Dwelling Houses and Duplex Buildings, andrequested by Councillor Petch.

SITE: (Refer to attached map.)

Address : 15 Pooley Street, Ryde

Site Area : 487.8m2Frontage 15.240 metresDepth 32.005 metres

Topography andVegetation : The site falls from the rear to the front with a slight cross

fall from left to right hand side when viewed from thestreet. There are eight trees on the site.

Existing Buildings : Dwelling, attached carport and detached garage.

PLANNING CONTROLS:

Zoning : Residential 'A'

CITY OF RYDE


ITEM 2 (Continued)

DEVELOPMENT PROPOSAL SUMMARY:

Demolition of dwelling house and construction of a two storey dwelling house.

PROPOSAL:

The proposal is to demolish a single storey dwelling and outbuildings and construct atwo storey dwelling with an attached garage. The dwelling house as proposed has adouble garage, lounge, dining, kitchen, meals, family room, study and laundry atground floor level with four bedrooms, main with dressing room and ensuite, aseparate bathroom, and large media room on the first floor level.

HISTORY:

• The application was submitted on 30 September 2004.

• On 6 October 2004, a preliminary assessment identified non-compliance withallotment size and floor space ratio.

• A letter to the applicant requesting amended drawings with complying floor areawas sent on 7 October 2004.

• The property owner forwarded a letter dated 25 October 2004 to Councillor IvanPetch requesting the excess floor space be allowed to remain and that theapplication be referred to the Development Committee for determination.

• The application was notified on 4 November 2004 with submissions closing on19 November 2004. One submission was received objecting to the proposal.

• A letter dated 4 November was received from the applicant Rawson Homesadvising Council that their client refused to reduce the floor area and requestedthe application be forwarded to the next available meeting of Council.

REFERRALS:

Development Engineer: Council's Development Engineers raised no objection tothe proposal subject to Conditions (Conditions No: 34-51).

OFFICER’S ASSESSMENT:

The assessment contained in this report is a summary of the matters deemedrelevant to this development proposal and matters contained in the Department ofInfrastructure, Planning and Natural Resources' Guide to Section 79C – PotentialMatters for Consideration.

CITY OF RYDE


ITEM 2 (Continued)

1. Relevant Provisions of Environmental Planning Instruments etc:

(a) Ryde Planning Scheme Ordinance.

i) Zoning

Residential 'A'

ii) Mandatory Requirements

Clause 46 (1)(a) Ryde Planning Scheme Ordinance for minimum size ofallotments – Dwelling Houses of 580m2. The proposal does not comply with thisrequirement as the site area is 487.8m2. The applicant has submitted anobjection pursuant to State Environmental Planning Policy No 1 (SEPP 1)requesting dispensation to this requirement. This is discussed later in thisreport.

(b) Relevant SEPPs.

There are no State Environmental Planning Policies (SEPPs) relevant to the currentproposal other than the SEPP 1 submission received.

(c) Regional Environmental Plans (REPs)

There are no Regional Environmental Plans (REPs) relevant to the proposal.

(d) Any DCP (e.g. dwelling house, villa).

Development Control Plan No: 17A for Dwelling Houses and Duplex Buildings

Compliance with the above Development Control Plan is illustrated by the developmentstandards below:

Dwelling House and DuplexBuilding DCP

Proposed Compliance

Minimum Lot SizeS580m2 487.8m2 No1

Floor Space Ratio243.9m2 (0.5:1) 262.2.0m2 (0.54:1) No2

SetbacksFront: 7.5 metres 7.5m YesSides: 1.5m 2.0m & 2.6m Yes

CITY OF RYDE


ITEM 2 (Continued)

Dwelling House and DuplexBuilding DCP

Proposed Compliance

Height2 storeys / 7 metres(9 metres overall height)

2 storeys / 6.3m max8.6m (overall height)

YesYes

Site CoverageWithin established building zone 2 storey element Yes

Parking2 spaces per unit 2 spaces Yes

SNote: Statutory Requirement under the Ryde Planning Scheme Ordinance.1Note: Clause 46(1)(a) of the Ryde Planning Scheme Ordinance prohibits the

construction of a dwelling on allotments of less than 580m2 in areaunless Clause 46(5) applies. An objection pursuant to StateEnvironmental Planning Policy No.1 has been made by the applicantagainst the requirements of this development standard. The objectioncan be supported by Council as the departure is small, a dwelling existson the site and no unreasonable precedent is set.

2Note: Exceeds DCP requirement for Floor Space Ratio by 18.3m2.

Energy Smart, Water Wise Development Control Plan No. 45A:

Compliance with the above Development Control Plan is illustrated by thedevelopment standards below:

Energy Smart, Water WiseDevelopment Control Plan

Proposed Compliance

NaTHERS Rating3.5 stars minimum Condition imposed Yes

InsulationWalls: R1.5Ceiling: R3.0

R1.5R3.0

YesYes

Hot Water SystemMin 3.5 star Greenhouse Gas score Condition imposed Yes

CITY OF RYDE


ITEM 2 (Continued)

Energy Smart, Water WiseDevelopment Control Plan

Proposed Compliance

Water Fixtures, Fitting andappliancesAAA rated shower heads, basins,kitchen sinks and toilet cisterns

Condition imposed Yes

External Clothes Drying AreaExternal yard space or shelteredventilated space for clothes drying

Condition imposed Yes

2 Likely impacts of the Development

Built Environment

The streetscape is characterised mainly by single storey detached dwellings. However, a few two storey dwellings have been erected within the street and generallocality. The proposed two storey dwelling is in keeping with these and so thestreetscape impact is considered to be acceptable.

The proposed upper storey contains bedrooms, bathrooms and a living area to thefront. There is a small upper level balcony to the front that faces the street. Windowsto side and rear elevations are to non-habitable rooms or bedrooms only whichensure that loss of privacy to adjoining residential properties is minimised.

Overshadowing of the dwelling to the south-west of the site will increase as willovershadowing of the rear yard of the property to the south-east. However, the rearyard of each dwelling has access to in excess of the minimum two hours sunlightduring the winter solstice, and living areas to at least three hours, which satisfiesCouncil’s DCP No. 17A.

The proposal as submitted exceeds the maximum FSR of 0.5:1 as specified inCouncil's DCP No. 17A. This would be likely to cause adverse impacts onneighbouring properties through excessive bulk and scale. This is compoundedbecause the lot is also undersized at 487.8m2 when compared with the standard lotof 580m2. It should be noted that the garage space, balconies and planter boxes donot contribute floor space but also add to the bulk of the dwelling. The cumulativeeffect of other non-complying dwellings in the street would also impact upon thestreetscape as owners of other properties being developed would likely seek a similarfloor space variation. At 478.8m2, the site allows a total dwelling floor space of243.9m2 plus garage for a complying dwelling. As the proposal is for a new dwelling,there is no particular reason why it should not be designed to comply with themaximum 0.5:1 FSR.

CITY OF RYDE


ITEM 2 (Continued)

In summary, the effect on the built environment and particularly the effect onstreetscape and neighbouring properties is minor on the basis that the floor space isreduced to comply with DCP No. 17A. On balanced consideration of these effectsand the right of the owners to develop their premises it is considered that the effecton the built environment is acceptable, subject to the submission of amended planswhich provide for a reduction in the floorspace ratio to a maximum of 0.5:1.

Natural Environment

Two small trees are to be removed to allow the proposed construction. These treesare not significant and so no objection is raised to their removal. The site will remainwell vegetated with several mature trees retained. Overall the impact on the naturalenvironment is considered to be acceptable.

3 Suitability of the site for the development

The site has accommodated a dwelling for many years and is suitable for sucha use. The site is suitable for the proposed works.

4 Any submissions received

The proposal was notified in accordance with Council’s Development ControlPlan for Notification between 4 and 19 November 2004. During this period onesubmission was received. The issues raised may be summarised as follows:

• Bulk and Scale

“We note from the plans that the overall size of the proposed dwellingexceeds that designated by Council. In such a large dwelling on acomparative small block of land, we feel that Council regulations should befollowed.”

Comment

It is agreed that the bulk and scale of the proposed dwelling is excessive andsets an undesirable precedent for the area. The floor space ratio is in excess ofthe 0.5:1 limit of Councils Dwelling Houses and Duplex Buildings DevelopmentControl Plan No. 17A and should be reduced to comply.

• Noise Nuisance

“We are very strongly opposed to the proposed position of the air-conditioning unit. All of our bedrooms are on one side of our house – thatimmediately opposite the air-conditioning unit.”

CITY OF RYDE


ITEM 2 (Continued)

Comment

The air cooled condenser unit for the proposed air-conditioning system islocated to the side of the proposed dwelling some 2.7m from the objector’sproperty boundary and approximately 4m from their dwelling wall. Additionally,the objector was interviewed on site to discuss the potential of noise emissionfrom the air condition condenser unit, as located on plan it would suggest thatthe fan would face inwards on to the subject site and not towards the boundary. The air-conditioning unit is required to meet noise emission standards whenmanufactured and so is not expected to cause a noise nuisance. Further, thesetback from the objector’s dwelling and the insulating effect of the dividingfence should ensure no significant noise nuisance occurs.

5 The Public Interest

Public authority submissions are not applicable to this application. Theproposed development is not contrary to the public interest.

CONCLUSION:

The proposed development does not comply with the Dwelling Houses and DuplexBuildings DCP in relation to floor space ratio requirements and it either complies orcan be made to comply with the Building Code of Australia through conditions ofapproval. On the basis that floor space is reduced to comply, the developmentpresents little adverse effect upon the amenity of the locality therefore it isrecommended that the proposal be approved by deferred commencement so thatamended plans are submitted illustrating a reduction in floorspace of 18.3m2.

A site inspection has been arranged and the owner wishes to make representationsto the Councillors in support of a variation to Council policy.

RECOMMENDATION:

(a) That Local Development Application No.904/2004 at 15 Pooley Street, Ryde,being LOT: 11 DP: 26692 be approved as Deferred Commencement Consentpursuant to Section 80(3) of the Environmental Planning and Assessment Act1979.

In accordance with Clause 95(3) of the Environmental Planning andAssessment Regulation 2000 these matters must be satisfied within six (6)months. This consent does not become operative until the matters referred to inPart 1 have been submitted to and approved by Council and Council hasnotified you in writing that the consent has become operative.

CITY OF RYDE


ITEM 2 (Continued)

Part 1 – Conditions Relating to a Deferred Commencement Consent pursuantto Section 80(3) of the Environmental Planning and Assessment Act 1979:

1. Amended plans are to be submitted to Council showing that the Floor SpaceRatio for the proposal has been reduced to comply with Council's DevelopmentControl Plan No: 17A requirement of 0.5:1.

Part 2 – General Conditions of Consent:

The following conditions shall apply upon satisfactory completion of therequirements outlined in Part 1 of this consent (above):

1. Development is to be carried out in accordance with drawing numbers DA01A toDA11A dated Sept 04, D1531 Sheets 1 to 5 dated 23/09/04, and supportinformation submitted to Council.

2. All building works are required to be carried out in accordance with theprovisions of the Building Code of Australia.

3. The following mandatory inspections are to be complied with in the case of aClass 1 or 10 building:

i) at the commencement of the building workii) after excavation for, and prior to the placement of, any footingsiii) prior to pouring any in-situ reinforced concrete building elementiv) prior to covering of the framework for any floor, wall, roof or other building

elementv) prior to covering waterproofing in any wet areasvi) prior to covering any stormwater drainage connectionsvii) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevantstandards of construction is to be obtained prior to proceeding to thesubsequent stages of construction and copies of the documentary evidence areto be maintained by the Principal Certifying Authority and be made available toCouncil officers upon request.

Prior to occupation of the building, an occupation certificate must be obtained.Prior to the issue of the occupation certificate, the mandatory inspectionsmust be carried out.

4. In addition, to the abovestated inspections, Council or an accredited certifier isrequired to ensure that adequate provisions are made for the followingmeasures at each stage of construction, to ensure compliance with the approvaland Council’s Development Control Plan for Engineering StandardsDevelopment Criteria Section 5 Construction Activities:

CITY OF RYDE


ITEM 2 (Continued)

i) Sediment control measuresii) Tree Preservation and protection measuresiii) Security fencingiv) Materials or waste containers upon the footway or road.v) Builders signage and site toilets

5. In issuing this approval, Council has relied on the information provided by youabout the siting of the building/structure on the allotment. If this information isincorrect, it is your responsibility to correct the errors. It may be advisable toundertake a land survey prior to commencing any works.

6. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (and Council, if Council is not the PCA) that the method ofTermite Protection has been provided in accordance with Part 3.1.3 of theBuilding Code of Australia and the requirements of the Australian Standard3660.1.

7. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (and Council, if Council is not the PCA) that the method ofwaterproofing wet areas has been provided in accordance with Part 3.8.1 of theBuilding Code of Australia and the requirements of the Australian Standard3740 prior to wall tiling.

8. A certificate from a suitably qualified person is to be submitted to the PrincipalCertifying Authority (and Council, if Council is not the PCA) that Fire and SmokeAlarms have been provided in accordance with Part 3.7.2 of the Building Code.Location details are to be submitted and approved by Council or an accreditedcertifier prior to the release of the Construction Certificate.

9. To meet the requirements of Council’s Energy Smart, Water Wise DevelopmentControl Plan No. 45A the following is required:

• A NatHERS certificate confirming the dwelling achieves a minimum 3.5 starenergy rating. All construction assumed to achieve the energy rating must bedetailed on the working drawings.

• Regardless of the energy rating achieved, the roof/ceiling is to be providedwith minimum R3.0 insulation and external walls R1.5 insulation.

• All taps, shower heads, and dual flush toilet cistern must have a minimumAAA rating

• Any proposed hot water system is to have a minimum 3.5 star greenhousegas score. All hot water pipes are to be insulated.

• External clothes drying facilities are required within the rear yard

Amended drawings and details confirming compliance with the above are to besubmitted and approved by Council or an accredited certifier prior to the issue ofa Construction Certificate.

CITY OF RYDE


ITEM 2 (Continued)

10. A Registered Surveyors check survey certificate, or compliance certificate, is tobe submitted to the Principal Certifying Authority (and Council, if Council is notthe PCA) detailing compliance with Council’s approval at the following stages:

a) Prior to construction of the first completed floor/floor slab showing the areaof the land, proposed building and the boundary setbacks and verifyingthat the proposed building is being constructed to the approved levels

b) On completion of the proposed building showing the area of the land,completed building and the boundary setbacks

11. All excavated material must be removed from the site. No fill is to be placedabove the natural ground level.

12. The applicant is to submit to and have approved by Council or an accreditedcertifier engineer’s details for all concrete work and structural steelwork prior tothe issue of the Construction Certificate.

13. Perimeter of slabs to be provided with a drop-edge beam so as to provide facebrickwork from the natural ground level. Amended drawings confirmingcompliance are to be submitted to Council or the accredited certifier prior to theissue of a Construction Certificate.

14. All retaining walls where required by Council to be completed at the earliestpossible stage and prior to the erection of the timber and masonry frame work. Details are to be submitted to and approved by Council or an accredited certifierprior to the issue of the Construction Certificate.

15. Treads, risers and balustrades to comply with the Building Code of AustraliaPart 3.9.1 and Part 3.9.2. Balustrading is to be a minimum 1.0 metres high andany openings are not to exceed 125mm.

16. A security deposit is to be paid to Council (Public Facilities and Services Group)being a deposit of $1,000 as well as the infrastructure inspection fee inaccordance with the requirements of Council’s Management Plan (scheduledfees).

17. A further security deposit is to be paid to Council (Public Facilities and ServicesGroup) in accordance with the requirements of Council’s Management Plan(scheduled fees) being a demolition deposit of $3,000.

18. Enforcement levy is to be paid to Council on lodgement of the ConstructionCertificate application in accordance with the requirements of Council’sManagement Plan (scheduled fees).

19. Documentary evidence of compliance with Conditions 16, 17 & 18 to thesatisfaction of Council or an accredited certifier is to be submitted to the Councilprior to the issuing of the Construction Certificate.

CITY OF RYDE


ITEM 2 (Continued)

20. Documentary evidence of payment of the Long Service Levy under Section 34of the Building and Construction Industry Long Service Payments Act 1986 is tobe received.

21. The applicant is to submit an application and pay the required fee to Councilprior to the issue of the Construction Certificate for street alignment levels.

22. Trees that are to remain on site are to be protected against damage duringconstruction. All mature trees to remain shall be clearly marked and a fenceerected around their drip line.

23. In relation to demolition, all work is to be carried out in accordance with therequirements of AS2601.1991 (The Demolition of Structures).

24. Security fencing shall be provided around the perimeter of thebuilding/demolition site and precautionary measures taken to preventunauthorised entries of the site at all times during demolition and construction.

25. Signage is to be provided on the site as follows:

a) During the demolition process notices lettered in accordance with AS1319displaying the words “DANGER - DEMOLITION IN PROGRESS” or asimilar message shall be fixed to the security fencing at appropriate placesto warn the public.

b) During the entire construction phase signage shall be fixed on siteidentifying the PCA and principal contractor (the coordinator of the buildingwork), and providing phone numbers.

26. Site toilets shall be provided in accordance with the WorkCover Code ofPractice entitled “Amenities for Construction Work”.

27. All demolition and all construction and associated work is to be restricted tobetween the hours of 7.00am and 7.00pm and between 8.00am and 4pm onSaturday. No work is to be carried out on Sunday or Public Holidays.

28. No spoil, stockpiles, building or demolition material is to be placed on any publicroad, footpath, park or Council owned land.

29. Adequate precautions must be taken to control the emission of dust from thesite during demolition and construction work. These precautions could includeminimising soil disturbance, use of water sprays, erecting screens and notcarrying out dusty work during windy conditions.

30. All work involving asbestos products and materials, including asbestos-cementsheeting (i.e. Fibro) must be carried out in accordance with the guidelines forasbestos work published by Workcover New South Wales.

CITY OF RYDE


ITEM 2 (Continued)

31. All asbestos wastes including used asbestos-cement sheeting (i.e. Fibro), mustbe disposed of at a landfill facility licensed by the New South WalesEnvironmental Protection Authority to receive that waste. Copies of the disposaldockets must be kept by the applicant for at least 3 years and be submitted toCouncil on request.

32. Adequate arrangements must be made for the storage and disposal ofdemolition and building waste generated on the premises. In this regard thedemolishers and builders are encouraged to maximise the re-use and recyclingof materials (eg. Concrete, bricks, roof tiles, timber, doors, windows, fittings,etc.) by separating these materials from other wastes.

33. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agentor Customer Centre to determine whether the development will affect SydneyWater’s sewer and water mains, stormwater drains and/or easements, and iffurther requirements need to be met. The approved plans will be appropriatelystamped. For Quick Check agent details please refer to “Your Business”section of Sydney Water’s web site at www.sydneywater.com.au then seeBuilding & Renovating under the heading Building & Development, or telephone13 20 92.

The consent authority or a private accredited certifier must ensure that a QuickCheck agent/Sydney Water has appropriately stamped the plans before theissue of any Construction Certificate.

General Engineering Conditions

34. Design and Construction Standards. All engineering plans and work shall becarried out in accordance with the requirements as outlined within Council’spublication Environmental Standards Development Criteria and relevantDevelopment Control Plans except as amended by other conditions.

35. Service Alterations. All mains, services, poles, etc., which require alterationshall be altered at the applicant’s expense.

36. Restoration. Public areas must be maintained in a safe condition at all times.Restoration of disturbed road and footway areas for the purpose of connectionto public utilities will be carried out by Council following submission of a permitapplication and payment of appropriate fees. Repairs of damage to any publicstormwater drainage facility will be carried out by Council following receipt ofpayment.

CITY OF RYDE


ITEM 2 (Continued)

37. Engineering Compliance Certificates. Engineering Compliance Certificatesmust be obtained for the following works at the specified stage (If Council isappointed the PCA then the appropriate inspection fee is to be paid to Council)and submitted to the Principal Certifying Authority prior to the issue of theOccupation Certificate:

• Prior to backfilling of pipelines in which Council has an interest.• Prior to backfilling of drainage connections to pipelines or channels in

which Council has an interest.• Prior to casting of pits and other concrete structures in which Council has

an interest including kerb & gutter, accessways, aprons, pathways,vehicular crossings, dish crossings and pathway steps.

NOTE: Council has an interest in all pipelines which drain public reserves andpublic road reserves, and in all structures located within public road reserves.

All Engineering Compliance certificates are to contain the following declarations:

a) This certificate is supplied in relation to .b) have been responsible for the

supervision of all the work nominated in (a) above.c) I have carried out all tests and inspections necessary to declare that the

work nominated in (a) above has been carried out in accordance with theapproved plans, specifications, and the conditions of the developmentconsent.

d) I have kept a signed record of all inspections and tests undertaken duringthe works, and can supply the Principal Certifying Authority [PCA] with acopy of such records and test results if and when required.

Engineering Conditions to be complied with Prior To Construction Certificate

38. Driveway Grades The maximum grade of all internal driveways and vehicularramps shall be 1 in 5. The maximum change of grade permitted is 1 in 8 andany transition grades shall have a minimum length of 2.5m. The drivewaydesign is to incorporate Council’s issued footpath and gutter crossing levelswhere they are required as a condition of consent. A driveway plan, longitudinalsection from the centreline of the public road to the garage floor, and anynecessary cross-sections clearly demonstrating that the driveway complies withthe above details, and that vehicles may safely manoeuvre within the sitewithout scraping.

CITY OF RYDE


ITEM 2 (Continued)

39. Drainage Plans. Plans of the proposed drainage system, including the on-sitedetention system and details addressing any overland flow from upslopeproperties in accordance with Council’s Stormwater Management DevelopmentControl Plan, “DCP 41”, are to be prepared by a suitably qualified andexperienced engineer. The engineer is to prepare a certification stating that thelandscaping plans have been checked in conjunction with the drainage plansand are compatible. The drainage plans and certification are to besubmitted to and approved by Ryde City Council prior to issuing of theConstruction Certificate.

Any drainage pit within a road reserve, a Council easement, or that may beplaced under Councils’ control in the future, shall be constructed of caste in situconcrete. Details are to be submitted with the Construction Certificateapplication plans.

40. On-Site Stormwater Detention Stormwater runoff from all impervious areasshall be collected and piped by gravity flow to a suitable on-site detentionsystem in accordance with Ryde City Council’s Stormwater ManagementDevelopment Control Plan “DCP 41”. The minimum capacity of the pipeddrainage system shall be equivalent to the collected runoff from a 20 yearaverage recurrence interval storm event. Overland flow paths are to beprovided to convey runoff when the capacity of the piped drainage system isexceeded up to the 100 year average recurrence interval and direct this to theon-site detention system. Runoff which enters the site from upstream propertiesshould not be redirected in a manner which adversely affects adjoiningproperties.

The on-site detention system shall be designed to ensure peak flowrates at anypoint within the downstream drainage system do not increase as a result of thedevelopment during storms from the 5 year to the 100 year average recurrenceinterval of all durations. Outflow from the basin shall be piped to a point ofdischarge in accordance with Councils Stormwater Management DevelopmentControl Plan “DCP 41”.

The system is to be cleaned regularly and maintained to the satisfaction of RydeCity Council.

41. Road Opening Permit. The applicant shall apply for a road opening permitwhere a new pipeline is proposed to be constructed within or across thefootpath. No drainage work shall be carried out on the footpath without thispermit being paid and a copy kept on the site.

42. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan(ESCP) shall be prepared by a suitably qualified consultant in accordance withthe guidelines set out in the manual “Managing Urban Stormwater, Soils andConstruction“ prepared by the Department of Housing. These devices shall bemaintained during the construction works and replaced where considerednecessary.

CITY OF RYDE


ITEM 2 (Continued)

The following details are to be included in drawings accompanying the Erosionand Sediment Control Plan

(a) Existing and final contours(b) The location of all earthworks, including roads, areas of cut and fill(c) Location of all impervious areas(d) Location and design criteria of erosion and sediment control structures (e) Location and description of existing vegetation(f) Site access point/s and means of limiting material leaving the site(g) Location of proposed vegetated buffer strips(h) Location of critical areas (drainage lines, water bodies and unstable

slopes)(i) Location of stockpiles(j) Means of diversion of uncontaminated upper catchment around disturbed

areas(k) Procedures for maintenance of erosion and sediment controls(l) Details for any staging of works(m) Details and procedures for dust control.

Engineering Conditions to be complied with Prior to Commencement ofConstruction

43. Sediment and Erosion Control. The applicant shall install appropriatesediment control devices in accordance with an approved plan prior to anyearthworks being carried out on the site. These devices shall be maintainedduring the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. Thiscondition is imposed in order to protect downstream properties, Council'sdrainage system and natural watercourses from sediment build-up transferredby stormwater runoff from the site.

44. Compliance Certificate. A Compliance Certificate must be obtainedconfirming that the constructed erosion and sediment control measures complywith the construction plan and Ryde City Council’s Development Control Planfor Construction Activities “DCP 42”

Engineering Conditions to be complied with Prior to Occupation Certificate

45. Compliance Certificates – Engineering. Compliance Certificates must beobtained for the following (If Council is appointed the Principal CertifyingAuthority [PCA] then the appropriate inspection fee is to be paid to Council) andsubmitted to the PCA:

• Confirming that all vehicular footway and gutter (layback) crossings areconstructed in accordance with the construction plan requirements andRyde City Council’s Environmental Standards Development Criteria -1999.

CITY OF RYDE


ITEM 2 (Continued)

• Confirming that the constructed driveway is constructed in accordancewith the construction plan requirements and Ryde City Council’sEnvironmental Standards Development Criteria - 1999.

• Confirming that the site drainage system servicing the developmentcomplies with the construction plan requirements and Ryde City Council'sStormwater Management Development Control Plan “DCP 41

• Confirming that the on-site detention system will function hydraulically inaccordance with the approved design.

46. Vehicle Footpath Crossings. Concrete footpath crossings shall beconstructed at all locations where vehicles cross the footpath, to protect it fromdamage resulting from the vehicle traffic. The location, design and constructionshall conform to the requirements of Council. Crossings are to be constructedin plain reinforced concrete and finished levels shall conform with propertyalignment levels issued by Council’s Engineering Services Division. Kerbs shallnot be returned to the alignment line. Bridge and pipe crossings will not bepermitted.

47. Disused Gutter Crossing. All disused gutter and footpath crossings shall beremoved and the kerb and footpath reinstated to the satisfaction of Council.

48. Work-as-Executed Plan. A Work-as-Executed plan signed by a RegisteredSurveyor clearly showing the surveyor’s name and the date, the stormwaterdrainage, including the on-site stormwater detention system if one has beenconstructed and finished ground levels is to be submitted to the PrincipalCertifying Authority (PCA) and to Ryde City Council if Council is not thenominated PCA. If there are proposed interallotment drainage easements onthe subject property, a Certificate from a Registered Surveyor is to besubmitted to the PCA certifying that the subject drainage line/s and pitsservicing those lines lie wholly within the proposed easements.

49. On-Site Stormwater Detention System - Marker Plate. Each on-sitedetention system basin shall be indicated on the site by fixing a marker plate.This plate is to be of minimum size: 100mm x 75mm and is to be made fromnon-corrosive metal or 4mm thick laminated plastic. It is to be fixed in aprominent position to the nearest concrete or permanent surface or accessgrate. The wording on the marker plate is described in Council’s StormwaterManagement DCP. An approved plate may be purchased from Council'sCustomer Service Centre on presentation of a completed City of Ryde OSDcertification form.

50. Drainage Construction. The stormwater drainage on the site is to beconstructed in accordance with plan D1531 prepared by Nasseri Associates.

CITY OF RYDE


ITEM 2 (Continued)

51. Positive Covenant. The creation of a Positive Covenant under Section 88E ofthe Conveyancing Act 1919, burdening the property with the requirement tomaintain the stormwater detention system on the property. The terms of theinstruments are to be generally in accordance with the Council's "draft terms ofSection 88B instrument for Maintenance of Stormwater Detention Systems" andto the satisfaction of Council.

ADVISORY CONDITIONS

1. Residential Building Work

1) Building work that involves residential building work (within the meaning ofthe Home Building Act 1989) must not be carried out unless the PrincipalCertifying Authority for the development to which the work relates:

a) in the case of work to be done under the Act:i) has been informed in writing of the licensee’s name and

contractor licence number, andii) is satisfied that the licensee had complied with the requirements

of Part 6 of the Act; orb) in the case of work to be done by any other person:

i) has been informed in writing of the persons name and owner-builder permit number; or

ii) has been given and declaration, signed by the owner of theland, that states that the reasonable market cost of the labourand materials involved in the work is less than the amountprescribed for the purposes of the definition of “owner builderwork” in Section 29 of that Act, and is given appropriateinformation and declarations under paragraphs (a) and (b)whenever arrangements for the doing of work are changed insuch a manner as to render out of date any information ordeclaration previously given under either of those paragraphs.

2) A certificate purporting to be used by an approved insurer under Part 6 ofthe Home Building Act 1989 that states that a person is the holder of aninsurance policy issued for the purposes of that Part is, for the purpose ofthis clause, sufficient evidence that the person has complied with therequirements of that Part.

2. City of Ryde will not issue a Construction Certificate without evidence of HomeOwners Warranty / Owner Builder’s Permit being submitted to Council.

CITY OF RYDE


ITEM 2 (Continued)

3. Waste management Plan

A Waste Management Plan is required to be submitted to Council with yourDevelopment Application when you are proposing any demolition works.

Should you wish to vary the information provided in this plan you are required togive written advice to Council of any changes.

Development Control Plan No. 27 sets out your obligations for wastemanagement.

4. Excavations and backfilling

1) All excavations and backfill associated with the erection or demolition of abuilding must be executed safely and in accordance with appropriateprofessional standards.

2) All excavations associated with the erection or demolition of a buildingmust be properly guarded and protected to prevent them from beingdangerous to life or property.

5. Retaining walls and drainage

If the soil conditions require it:

a) retaining walls associated with the erection or demolition of a building orother approved methods of preventing movement of the soil must beprovided, and

b) adequate provision must be made for drainage

6. Support for neighbouring buildings

1) If an excavation associated with the erection or demolition of a buildingextends below the level of the base of the footings of a building on anadjoining allotment of and, the person causing the excavation to be made:

a) must preserve and protect the building from damage, andb) if necessary, must underpin and support the building in an approved

manner, andc) must, at least 7 days before excavating below the levels of the

footings of a building on an adjoining allotment of land, give notice ofintention to do so to the owner of the building being erected ordemolished.

CITY OF RYDE


ITEM 2 (Continued)

2) The owner of the adjoining allotment of land is not liable for any part of thecost of work carried out for the purposes of this clause, whether carried outon the allotment of land being excavated or on an adjoining allotment ofland.

3) In this clause, “allotment of land” includes a public road and any otherpublic place.

7. Protection of Public Places

1) If the work involved in the erection or demolition of a building:a) Is likely to cause pedestrian or vehicular traffic in a public place to be

obstructed or rendered inconvenient, orb) Involves enclosure of a public place,A hoarding or a fence must be erected between the work site and thepublic place.

2) If necessary, an awning is to be erected, sufficient to prevent anysubstance from, or in connection with, the work falling into the publicplace.

3) The work site must be kept lit between sunset and sunrise if it is likely tobe hazardous to persons in the public place.

4) Any such hoarding, fence or awning is to be removed when the work hasbeen completed.

8. Energy Australia

Underground and overhead electric cables may exist in this area. In your owninterest and for safety, telephone Energy Australia on 13 1525 beforeexcavating or erecting structures.

9. Prior to commencing any construction works, the following provisions of theEnvironmental Planning and Assessment Amendment Act, 1997 are to be compliedwith:

i) A Construction Certificate is to be obtained in accordance with Section81A (2)(a) of the Act.

ii) A Principal Certifying Authority is to be appointed and Council is to benotified of the appointment in accordance with Section 81A (2)(b) of theAct and Form 7 of Schedule 1 to the Regulations.

iii) Council is to be notified at least two (2) days of the intention to commencebuilding works in accordance with Section 81A (2)(c) of the Act and Form7 of Schedule 1 to the Regulations.

CITY OF RYDE


ITEM 2 (Continued)

10. The applicant may apply to the Council or an accredited certifier for the issuing of aConstruction Certificate and to be Council or an accredited certifier to monitorcompliance with the approval and issue any relevant documentary evidence orcertificate/s.

Council Officers can provide these services and further information can beobtained from Council by telephoning 9952 8222 (Customer Service).

(b) That the person who made a submission be advised of Council's decision.

Liz CoadManager Environmental Assessment

Peter DewickTeam Leader Environmental Assessment

CITY OF RYDE


ITEM 2 (Continued)

Indicates submissions received

COPYRIGHT

© 2005 City of Ryde.© 2005 Land and Property Informat ion NSW.

ALL RIGHTS RESERVED

No part of this map may be reproduced without written permission.

City of Ryde

Development Application04/904

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

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Scale: 1:2000 approx.

Date: 21/02/2005

CITY OF RYDE


ITEM 2 (Continued)

CITY OF RYDE


ITEM 3

13 HILLVIEW ROAD EASTWOOD. LOT: 65 DP: 8043. Section 96 application tomodify Development Consent No. 234/2003 issued for two storey rear additionto dwelling and new garage. LDA 234/2003 Section 96 Modification No.234.2/2003. Applicant: Blueform Design.



FILE NO: LDA03/234

EXECUTIVE SUMMARY

This report considers an application for a modification of Consent Number 234/2003under Section 96(2) of the EP&A Act, 1979. Approval was granted for a two-storeyrear addition and a garage. The current application seeks to modify the previousconsent by providing a new window to rumpus room on the eastern wall, new door tothe laundry, realigning garage with wall of the rumpus room and reconstructing thedriveway with stencilled concrete.

The proposed modifications generally comply with the planning controls except forthe driveway and vehicular turning area in the front yard. The Eastwood EstateConservation Area Development Control Plan (DCP) does not permit fully paveddriveways between the building alignment and the street frontage. The applicant hasagreed to alter the driveway to meet Council’s requirements but requests that theturning area be approved in order to improve traffic safety during egress. Notwithstanding the restrictions under the DCP the proposed turning area willaddress the traffic safety issue as highlighted by the applicant. The site fronts onto anarrow road, has poor sight lines (because of a bend and down hill location) and issituated opposite a primary school. Council’s Traffic Engineer supports a turning areaon the site for safety reasons. It is suggested that the grass cell be used for theturning area so as to lessen the impact by reducing hard paving. The proposedvariation to the standard will not have a significant adverse impact on the character ofthe area.

One submission was received.

It is recommended that the application be approved. Reason for Referral to Development Committee: Nature of development andsubmission received.

CITY OF RYDE


ITEM 3 (Continued)


Address : 13 Hillview Road EASTWOOD

Site Area : Land 919.7m2Frontage 18.29 metresDepth 50.29 metres

Topography andVegetation : The site slopes to the rear with a number of trees existing

along the rear boundary. A large Brushbox exists on theadjoining property along the eastern boundary next to theapproved garage.

Existing Buildings : Single storey dwelling

PLANNING CONTROLS:

Zoning : Residential 'A'Other : Ryde Planning Scheme Ordinance

Dwelling Houses and Duplex Buildings DevelopmentControl Plan.Eastwood Estate Conservation Area DevelopmentControl PlanStormwater Management DCP

PROPOSAL:

The proposal involves the modification of Consent No. 234/2003 issued on10 December 2003 for two-storey addition and a detached garage behind the buildingline.

The current application seeks to modify the proposal in the following manner:

1. Provide a new window on the eastern wall of the rumpus room.

2. Provide new doorway to the laundry for direct access to side and rear yard.

3. Realign the garage by shifting forward 1.7m so that it is in line with the rear wallof the rumpus room.

4. Replace driveway strips with fully paved driveway with an onsite turning area.

5. Reduce size of dining area and include walk-in pantry.

6. Provide walk-in robe in bedroom 1.

CITY OF RYDE


ITEM 3 (Continued)

HISTORY:

1. Approval was granted for rear addition to an existing dwelling with a detachedgarage via Consent No. 234/2003 on 10 December 2003.

2. Section 96 application was received on 4 August 2004. A preliminaryassessment indicated that an Arborist Report was necessary to ascertain theprobable impact on the Brushbox tree located next to the garage. Additionalinformation and amendments were also required in relation to stormwaterdisposal and heritage.

3. The amended plans and Arborist Report was received on 20 September 2004.Council’s Landscape Architect reviewed the report and recommended minorchanges to the retaining wall alignment. An additional condition has also beenrecommended (see condition 52).

REFERRALS:

Development Engineer, 12 January 2005: Raised no objections to the proposedmodification.

Landscape Architect, 20 January 2005: The retaining wall currently shown to be onthe eastern boundary should be deleted, in order to preserve a greater area of thecritical rootzone of the Queensland Brushbox, and that the eastern wall of the garagebe designed to perform the same retaining functions.

The applicant amended the plans accordingly. The Landscape Architect reviewed theplans and provided the following comments:

Plans now appear to be substantially in accordance with my previousrecommendations with regard to the design of the garage and its impact on theneighbouring Brushbox. The following condition should be attached to the Section 96Consent – “That evidence is to submitted by a qualified arborist prior to the issuing ofthe occupation certificate, that all tree management issues were carried out inaccordance with recommendations contained in the arborist’s report prepared byNichols Consulting, dated 13 August 2004". Traffic Engineer, 20 January 2005: An on site turning bay is preferred on traffic andsafety grounds due to a primary school (and student crossing) located just oppositethe subject property. Another alternative is to provide wider driveway entrance forsafe reversing.

CITY OF RYDE


ITEM 3 (Continued)

Heritage Officer, 20 January 2005: The only matters of concern with regard to theproposed changes are the turning bay to the front garden area, and the fully paveddriveway forward of the main building line. Front gardens within the conservation areamake a considerable contribution to the attractive garden suburb character of thearea and should be retained and enhanced. The proposed turning bay will detractfrom the front garden. Further, the Eastwood Estate Conservation Area DCP doesnot permit fully paved driveways between the building alignment and the streetfrontage.

The proposed development is recommended for approval subject to the followingconditions:

• The proposed turning bay shall be deleted.• The proposed fully paved driveway shall be deleted for that part of the driveway

between the front building line and the street boundary. Driveway strips shall beused instead.


Environmental Planning and Assessment Act, 1979

1. Section 96 – Modification of Consents

In accordance with Section 96(2), Council may consider a modification ofdevelopment consent provided:

• The proposed development is substantially the same as the approved

It is considered that the Section 96 Modification is substantially the samedevelopment as that approved by Council and the proposal satisfies therequirements of the above provision.

• The application for modification has been notified in accordance with theregulations

The application for modification was notified for a period of 14 days.

• Council has considered any submissions regarding the proposedmodification

A submission was received and has been discussed in detail later in this report.

2. Matters for consideration pursuant to Section 79C EPAA 1997

Section 96(3) requires Council to consider relevant matters referred to in Section79C(1) in assessing and application for modification of development consent.

CITY OF RYDE


ITEM 3 (Continued)

a) Environmental Planning Instruments

Ryde Planning Scheme Ordinance (RPSO)

There are no changes to the mandatory requirements under the Ordinance.

b) Relevant Development Control Plan/Council Code against whichdevelopment has been assessed

Dwelling Houses and Duplex Buildings Development Control Plan (DCP 17A).

No matters of concern are identified as a result of the proposed modificationsunder the above DCP. There are no changes to buildings façade, bulk andscale, floor space or setback.

Eastwood Estate Conservation Area DCP (DCP No. 32)

This DCP has been introduced to assist owners by providing strong guidelineswhich will ensure retention of existing housing stock that contributes to thecharacter and heritage significance of the area while allowing sympatheticadditions and alterations, to meet the requirements of modern families. Thespecific requirements are indicated in the table below:

Design Element under DCP No. 32 Proposal ComplianceOriginal House is to be retained No changes to original CompliesAddition should not result in excessivesite cover – Maximum FSR 0.4:1excluding garage.

FSR is 0.37:1(as approved)

Complies

No additions are allowed at the frontbut can be carried out at the rear

Additions at rear(as approved)

Complies

Additions are to match with the originalfabric, design and colour

New addition iscompatible withexisting (as approved)

Complies

Second storey addition can have 35%increase in ridge height if 70% oforiginal house is retained.2 storey permitted at rear

Because the siteslopes to the rear thenew roof does notprotrude beyond theheight of the existing

Complies

Garages to be located towards the rearGarages may exceed 4m in heightprovided it is due to slope of land

Located behind thefront buildingalignment

Complies

Single driveway stripSide entry only

Single drivewaySingle entry proposed

Complies

No fully paved driveway Driveway strip No1Front Fencing below one metre (1m) inheight

N/A N/A

Roof space permitted provided it stilllooks single storey

N/A N/A

CITY OF RYDE


ITEM 3 (Continued)

Note1

DCP 32 does not permit fully paved driveways between the building alignmentand the street frontage. The applicant proposes a fully paved driveway (in placeof existing concrete strip) and a turning bay in front of the building line. Theapplicant has provided justification on the grounds of traffic safety since the siteis located opposite a primary school. A student crossing exists almost in front ofthe site. The road is narrow and busy in the peak hours and has vehicles parkedon either side of the driveway. This situation makes it very unsafe to reverse outof the driveway. An inspection of the area indicated that all the adjoining sites tothe east of the subject property that face Hillview Street have fully concreteddriveways (photos are on file). In light of an assessment of applicant'ssubmission and Traffic Engineer's comments, the following is recommended:

Turning Bay

The turning bay will greatly improve the traffic safety for the residents andschool children by allowing vehicles to egress the property in a forwarddirection. It is recommended that the turning bay be provided and be paved withgrass cell to minimise hard paving and blend in better with the garden setting.

Driveway

It is noted that a concrete (stencilled) driveway would not have any bearing inthe improvement of traffic safety for the occupants. Thus the variation cannot besupported for approval. It is recommended that a condition be placed on theconsent requiring the proposed fully paved driveway to be deleted for that partof the driveway between the front building line and the street boundary.Driveway strips shall be used instead, in accordance with the DevelopmentControl Plan.

c) The likely impacts of the development, including environmental impacts

on both the natural and built environments and social and economicimpacts in the locality

New Door and Window

The internal modification and addition of a door to the laundry and a window tothe rumpus room will not impact on the built environment or the privacy ofadjoining residents.

Re-aligned Garage

The garage is currently located and attached to the side of the rear verandah. Itis proposed to shift the garage by 1.7m to the front so that the verandah is clearof the imposing wall and roof of the garage. The setback of the garage from theside boundary remains the same. The proposed realignment of garage willresult in improved sunlight into the verandah.

CITY OF RYDE


ITEM 3 (Continued)

As required by Council’s Landscape Architect, the retaining wall next to thegarage along the eastern boundary have been deleted, and instead the easternwall of the garage has been designed to perform the same retaining functions.This will result in an increased clearance from the adjoining tree so that agreater area of the critical rootzone is preserved.

The proposed modifications will not have any significant adverse impact on thesurrounding properties. The proposed development will not impact on thestreetscape and is in keeping with the overall design. No changes are proposedto the front façade. The proposed modification is considered satisfactory.

d) Suitability of the site for development

The proposed as discussed above are considered to be minor and will be inkeeping with the character of the area.

e) Public Submissions

The proposal was re-advertised in accordance with Council’s DevelopmentControl Plan for Notification of Development Applications until 6 September2004. One submission was received.

The issues raised in the submission are discussed below:

i) The application is incomplete, or misleading in that it omits a significantchange in the site plan: the rear setback is now shown as 14.5 metres,whereas the previously submitted plan showed the rear setback as18 metres.

Officer’s Comment

The rear setback has been provided at 14.5m, as was approved in theoriginal application. No change is proposed to the rear setback under thisSection 96 application. The setback complies with the DCP.

ii) The proposal will impact on our property’s occupants (rear of the subjectsite), value of the property and maintenance of the heritage characterdetermined by Council.

Officer’s Comment

The proposed minor amendments do not alter the rear elevation of theapproved addition. Further the rear verandah is setback 14.5m from thecommon boundary. Adequate measures were incorporated in the originalproposal such as 1.8m high fence and dense screen planting along the

CITY OF RYDE


ITEM 3 (Continued)

rear boundary to address the issue of overlooking. The rear set back by adistance of 14.5m will give an adequate visual and physical separatingdistance between the two houses. Additionally because the site slopes tothe rear, the rear balcony will be at a height of approximately only 1.8mabove the natural ground level in the rear yard. The approved addition atthe rear does not significantly affect the adjoining properties in terms ofprivacy and was considered satisfactory when the original application wasapproved by Council.

iii) We request that the setback from the rear boundary be increased to aminimum of 18 metres to compensate for the fall of the land and architectbe engaged to consider a reconfiguration of the upstairs north-facingwindows so that they do not present such an intrusive aspect to ourproperty.

Officer’s Comment

No change is proposed to the rear setback from what was approved in theprevious application. A 14.6 metre setback is considered reasonableseparation in a residential context when the original application wasapproved by Council.

f) Submissions from Public Authorities and the Public Interest

It was not necessary to advise any Public Authorities in this instance.

Conclusion:

The Section 96 modification complies with the provisions of Council’s DevelopmentControl Plan for Dwelling Houses and Duplex Buildings. The modified driveway asper the recommended conditions of consent, will address the safety issue raised bythe applicant while having minimal impact on the garden setting of the site. Theissues raised in the submission do not carry sufficient grounds to warrant a refusal ofthe Section 96 application.

RECOMMENDATION:

(a) That the application for modification of Local Development Application No.No.234/2003 at 13 Hillview Road EASTWOOD being LOT: 65 DP: 8043 bemodified as follows:

1. That Condition 1 of the Consent No. 234/2003 be modified to read:

1. Development is to be carried out in accordance with the Plans SheetNo. 89235-1 Rev C, 89235-2 Rev C, SWO1C and supportinformation submitted to Council except as amended by the followingconditions.

CITY OF RYDE


ITEM 3 (Continued)

2. That the following additional conditions be added to the Consent:

50. The proposed fully paved driveway to be deleted for that part of thedriveway between the front building line and the street boundary.Driveway strips shall be used instead. Amended site and stormwaterplan are to be submitted to Council or an accredited certifier prior tothe issue of Construction Certificate.

51. The proposed turning bay be formed with grass cell rather thanstencilled concrete. The amended plans are to be submitted toCouncil or an accredited certifier prior to the issue of ConstructionCertificate.

52. Evidence to be submitted by a qualified arborist prior to the issuing ofthe occupation certificate, that all tree management issues werecarried out in accordance with recommendations contained in thearborist’s report prepared by Nichols Consulting, dated 13th August,2004

(b) That the persons who made submissions be advised of the decision.

Liz Coad Sanju ReddyManager Environmental Assessment Environmental Assessment Officer

CITY OF RYDE


ITEM 3 (Continued)

Indicates submissions received

COPYRIGHT

© 2005 City of Ryde.© 2005 Land and Property Informat ion NSW.

ALL RIGHTS RESERVED

No part of this map may be reproduced without written permission.

City of Ryde

Development Application03/234

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

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Scale: 1:2200 approx.

Date: 21/02/2005

CITY OF RYDE


ITEM 3 (Continued)

CITY OF RYDE


ITEM 4

16 TERRY ROAD EASTWOOD. LOT: 1 DP: 324937. Local DevelopmentApplication for demolition of dwelling house & pool and construction of51 place (maximum) childcare centre. LDA 806/2004. Applicant: D StudioArchitects Pty Ltd.



FILE NO: LDA04/806

EXECUTIVE SUMMARY

This report considers a proposal for the construction of a 51-place child care centreon 16 Terry Road, Eastwood. The site is not considered a suitable location for achild care centre as the site is affected by overland flow and the site is adjacent to avilla development at 18-20 Terry Road. The application is likely to result in materialimpacts to the amenity of the adjoining properties as well as detracting from thestreetscape.

During the notification period, Council received forty (40) submissions objecting to theapplication.

The application is recommended for refusal.

Reason for Referral to Development Committee: Nature of the development andsubmissions received.


Address : 16 Terry Road EASTWOOD

Site Area : Frontage 23.54 metres to Terry RoadDepth 53.55 metres along the eastern boundary and

63.985 metres along the western boundary

Topography andVegetation : The site slopes gently from the rear to Terry Road. The

site contains 3 large Camphor Laurels adjacent to thefront boundary.

Existing Buildings : Single storey dwelling and inground swimming pool.

CITY OF RYDE


ITEM 4 (Continued)

PLANNING CONTROLS:

Zoning : Residential 'A'Other : Ryde Planning Scheme Ordinance

Child Care Centres Development Control PlanStormwater Development Control Plan

DEVELOPMENT PROPOSAL SUMMARY:

• Child care centre: 51 children Hours of operation 7.00am to 6.00pm Monday to Friday Total of 6 car parking spaces on the site and a drop off area to

accommodate 3 cars.

PROPOSAL:

Development consent is sought for the demolition of the existing dwelling and theconstruction of a child care centre. The child care centre is proposed toaccommodate a maximum of 51children within three classrooms. A total of sixon site car parking spaces are proposed in addition to a drop off area that wouldaccommodate three cars.

HISTORY:

The applicant attended a pre-lodgement meeting with Council’s Officers inSeptember 2003. At this time the applicant was advised that the site was notconsidered a suitable location for a child care centre given its location adjacent to avilla development and being located on a busy collector road.

The development application was submitted in September 2004. Following apreliminary assessment of the application, a letter was sent to the applicant on18 November 2004. The applicant was advised that Council’s Officers were unableto support the development as the location of the site is inappropriate for a child carecentre. The issues raised with the applicant included the following:

1. The site is located adjacent to a villa development at 18-20 Terry Road. Theproposed development will adversely impact on the amenity of these villas dueto increased noise, traffic, overshadowing and visual impact.

2. Noise from the proposed development will adversely impact on the amenity ofsurrounding residences as well as their private open space. The acoustic reportfails to give adequate consideration to the likely impacts.

3. The Child Care Centres Development Control Plan specifies that sites affectedby overland flow are not appropriate. This site is affected by overland flow. Theflood study submitted with the application is inadequate.

CITY OF RYDE


ITEM 4 (Continued)

4. The acoustic report has concluded that it will be necessary to keep doors andwindows closed to prevent the emission of noise. The building will need to beprovided with a system of mechanical ventilation. This has the potential tofurther adversely impact on the amenity of the adjoining properties due to noiseand visual impact as well as affecting the streetscape and entrance to thebuilding.

5. The layout of the car park and driveway will result in an adverse impact to the

streetscape as minimal landscaping has been provided to soften theappearance of the car parking and driveway.

The applicant was advised to withdraw the development application.

No response has been received from the applicant.

REFERRALS:

Development Engineer: Inadequate information has been submitted with theapplication. The application currently fails to comply with the requirements ofDCP 41.

Landscape Architect: 18 November 2004: “There are some mature trees locatedon the street frontage which are shown by the development drawings to be retained.The trees include 2 Camphor Laurels and a Swamp Paperbark (Melaleucaquinquenervia). The landscape plan shows these trees to be retained, however thisis a highly unrealistic expectation, and I would not expect them to surviveconstruction impacts. It is my experience that if these trees (camphors in particular)did survive construction impacts, the amenity value of the trees would becompromised to the point where they would probably require removal.

I have greater issue with the extent of paving that is required and believe that a bettersolution could be achieved in terms of streetscape presentation. A revised solutionshould incorporate one pedestrian access point rather than two, thus reducingpedestrian exposure to risk, and allowing the creation of greater landscaped areas.”

Social Planner: The Manager Community Services has provided the followingcomments:

“I believe the developer has made all reasonable attempts to comply with the DCP. Though proximity to the villa development to the west of the property could impactnegatively on residents overall the proposal is obviously beneficial for the Eastwoodcommunity given the severe shortage of childcare places within the locality. Therefore I recommend approval.”

CITY OF RYDE


ITEM 4 (Continued)

Environmental Health Officer: The application was considered by Council’sEnvironmental Health Officer in respect to noise, contamination and general healthmatters. The application was found to be unsatisfactory in respect to noisegenerated by the proposed development. It is likely that the noise generated willexceed the daytime noise criteria.

Traffic Engineer: The Ryde Traffic Committee at its meeting held in November 2004considered the application. The recommendation of the Traffic Committee was asfollows:

a) That no objections are raised for the proposed Child Care Centre at 16 TerryRoad, Eastwood on traffic and parking grounds.

The Public Facilities and Services Committee adopted the recommendation of theTraffic Committee on 7 December 2004.

Drainage Team: A flood study was previous submitted to Council in April 2004 andcomments in respect of this study were advised to Mr Timm of Cullen, Grammitt andRoe. The Manager Stormwater Facilities provided the following comments in respectto the overland flow and flood study submitted in April 2004. As no changes appearto have occurred to the flood study, these comments are relevant to the developmentapplication.

“A number of results quoted in the report do not match the program outputswhen the HEC RAS model is re run. I have telephoned Mr Timm of Cullen,Grummitt and Roe and advised him accordingly. I have also indicated thatthere are a number of errors in the submitted model.

• Cross section station data is reversed. Although this does not invalidatecalculations it does complicate interpretations of the results.

• Distances between cross sections are incorrect at sections 120.7, 85.7,80.7 and 75.1.

• The minimum section elevation at chainage 137.3 looks suspiciously lowwhen the reach longsection is examined.

I am also not convinced that the model fairly represents the flow situation in thatI suspect that there would be a greater proportion of the overland flow on thesouthern side of Terry Road than would be on the northern side of Terry Road.

I have made some adjustments to the HEC RAS model and my preliminaryassessment is that the depth by velocity product (DV) hazard indicator in thegutter near the subject site would be in the order of 0.7 to 1.0 m2/s. It could beeven more if the flows are modeled separately on each side of Terry Road. This would be well in excess of the deemed safe criteria outlined in DCP 41.”

CITY OF RYDE


ITEM 4 (Continued)


The assessment contained in this report is a summary of the matters deemedrelevant to this development proposal and matters contained in the Department ofInfrastructure, Planning and Natural Resources' Guide to Section 79C – PotentialMatters for Consideration.

1. Relevant Provisions of Environmental Planning Instruments etc:

(a) Ryde Planning Scheme Ordinance

i) Zoning

The site is zoned Residential 'A' pursuant to the Ryde Planning SchemeOrdinance. The use is permitted with the consent of Council.

ii) Mandatory Requirements

There are no mandatory requirements that have not already been discussed inthe report.

(b) Relevant SEPPs

There are no relevant State Environmental Planning Policies that affect the site. (c) Relevant REPs

There are no relevant Regional Environmental Plans that affect the site.

(d) Any draft LEPs

There are no relevant Draft Local Environmental Plans that affect the site.

(e) Any DCP

Child Care Development Control Plan

The proposed development has been assessed under the provisions of the ChildCare Centres Development Control Plan. The purpose of this DCP is to provideguidelines for the establishment of child care centres, especially in residential zones.The Child Care Centres Development Control Plan requires consideration of thefollowing matters:

CITY OF RYDE


ITEM 4 (Continued)

Noise and Traffic

The DCP requires that sites are not to be adversely affected by noise or pollutionassociated with heavy traffic. Sites are not to be located on arterial and sub-arterialroads or at busy intersections. The DCP also requires that the width of the siteshould be adequate to allow vehicles to enter and leave the site in forward gear,without having excessive areas of hard stand areas. Sites are to have a frontage ofat least 17 metres.

Terry Road is located on a collector road between Marsden Road and ShaftsburyRoad and carries approximately 10 000 vehicles per day.

The width of the site exceeds the minimum requirement.

Suitability of site for childcare

The site is required to be flat or gently sloping down from the road. It should have anarea of more than 800m2 and a frontage of not less than 17 metres.

The site gently slopes from the rear of the site to Terry Road. The slope of the sitewill not impact on the design of the building or the play areas. The site has an areaof 1,486m2. The site has a frontage of 23.54 metres to Terry Road and a minimumdepth of 53.55 metres. The dimensions of the site are adequate to accommodate achild care centre. Impact on Residential Sites

Sites for child care centres should have the least potential adverse impact onneighbouring properties in terms of noise, loss of privacy and traffic. The DCPidentifies that sites adjacent to town houses, villas and flats are not suitable due tothe increased potential of noise and privacy impacts.

The site is adjacent to a villa development at 18-20 Terry Road. The courtyards ofseveral of these villas adjoin the site. The proposed development will adverselyimpact on the amenity of these villas due to increased noise, traffic, overshadowingand visual impact.

The majority of the western elevation has been set back only 900mm from theboundary and provides minimal articulation. The development will not provide anyopportunity for landscaping along the western boundary. Due to the minimal setbackand the length of the development, the adjoining courtyards will also beovershadowed by the proposed development. These factors will result in anunacceptable impact on the amenity of the villas.

CITY OF RYDE


ITEM 4 (Continued)

The development will also result in unacceptable impacts due to noise from thevehicles using the car park. This will adversely affect the adjoining villas as well as2 Tarrants Avenue. The acoustic report has made several assumptions that Councilcannot agree with. Firstly, the acoustic report refers to 40 cars entering/leaving thepremises between 6.45am and 6.30pm. This is inconsistent with the expected trafficgeneration patterns provided in the traffic report. From the traffic report thedevelopment will generate more than 40 car movements per day.

Secondly, the acoustic report has made the assumption that a colourbond fence to aheight of 1.8 metres will be constructed along the eastern and western boundaries. This would be inconsistent with the Council’s Fencing Development Control Plan thatrequires a maximum height of 1 metre for the return fencing. Any fencing higher than1 metre would impact on the streetscape as well as the sight distances for vehiclesexiting the site.

Council’s Senior Environmental Health Officer has expressed concerns as to how thefigure 43dB(A) was achieved.

The site also adjoins residential properties to the eastern and southern boundary ofthe site. As demonstrated further in the report, these properties are likely to beadversely affected due to noise from the children’s outdoor play area.

Overland Flow and Drainage

The DCP requires that sites are not to pose a health risk to children due to poordrainage or flooding or the development must not increase the risk of floodingoccurring on adjacent properties.

The site is located within an overland flow area. The applicant submitted a floodstudy, however, this flood study contains numerous errors. Council’s Drainage Teamhave advised that a preliminary assessment has revealed that the depth by velocityproduct (DV) hazard indicator in the gutter near the subject site would be in the orderof 0.7 to 1.0 m2/s. It could be even more if the flows are modeled separately on eachside of Terry Road. This is in excess of the deemed safe criteria outlined in DCP 41. The site is not an appropriate location for a child care centre given the level ofoverland flow.

On site manoeuvrability and impact on traffic flow

The DCP requires that sites must be able to accommodate a “U” shaped one-waydriveway system, which enables vehicles to enter and leave in a forward direction. The separation of the entrance and exit driveway must be not less than 9 metres on aturning circle of 15 metres. The performance criteria of the clause is to ensure thatthe site allows one-way vehicle entry and exiting without requiring passing traffic tocome to a halt.

The development complies with this requirement.

CITY OF RYDE


ITEM 4 (Continued)

Car parking

The development has proposed a “U” shaped driveway, which will enable vehicles toenter and exit the site in a forward direction. Six car parking spaces are proposed inthe area between the driveway. Two of these spaces are wide enough to beaccessible car parking spaces.

The DCP requires one parking space for every eight children. Based on 51 children,as proposed by the applicant, the site is required to provide six car parking spaces. The development complies with the numeric requirement.

The width of the circular driveway is 5.1 metres wide. This width is sufficient for aquick drop off point for at least three cars. This space is in addition to therequirements of the DCP.

Pedestrian safety

The DCP requires that pedestrian access must be segregated from vehicular accesswith clearly defined paths to and from the facility.

Within the front setback area the development has proposed a pathway along bothside boundaries. This connects to walkway and entry of the building. Thedevelopment has proposed safe pedestrian access. However the extent of pavingcontributes to the lack of soft planting within the front setback and the adverseimpacts on the streetscape.

Health risks

The site history indicates that the site was used for agricultural purposes prior to the1930’s and there is the potential of pesticide contamination. The contaminationreport revealed arsenic levels in the surface soils above residential and child carecentre guidelines. The report concluded that due to the sensitivity of the proposedland use, and the current absence of further data to delineate the distribution ofheavy metals in soils, that all accessible topsoil should be removed, the surfaceappropriately validated and the material replaced with verified clean topsoil.

Appropriate conditions of consent could be imposed to reflect this requirement.

Acoustic privacy

Acoustic privacy refers to children within the centre as well as for adjoining residents.Children’s play and sleep areas are not to be subjected to excessive traffic noise orother external noises.

The design of the development has proposed the cot room adjacent to the front of thebuilding. Two windows are proposed to this room. The room is adjacent to apathway from the carpark to the entry as well as the carpark. The room is likely to beimpacted upon by these noises as well as traffic noise.

CITY OF RYDE


ITEM 4 (Continued)

The site layout and building design is to ensure that noise from the centre does nothave an adverse impact on the amenity of surrounding residences as well as theirprivate open space. The development does not achieve this requirement.

The assessment of noise from outdoor activities is based on noise measurements of20 primary school children running and shouting on a grass playground. According tothe report the noise level from the primary school children was 70dB(a) at 15 metres. The report goes on to state that the noise from the children at the child care centre isexpected to be close to 50dB(A) due to the following factors:

• The children will be controlled by their carers;• Lower voice power;• Less children.

It has been assumed that the estimated noise level is also at a distance of 15 metres.

The prediction that the noise level will be below the daytime

Documents

City of Ryde - DEVELOPMENT COMMITTEE 03/05 - 1 March 2005 · 2016. 2. 2. · CITY OF RYDE DEVELOPMENT COMMITTEE AGENDA NO. 3/05 The above Committee will meet on Tuesday, 1 March,