Development Assessment Unit · 2020. 3. 11. · development assessment unit meeting 23 august, 2016 page 4 item-2 da no. 1002/2015/ha/a - section 96(2) modification to an approved

Development Assessment

Unit

Tuesday, 23 August 2016

THE H

ILLS S

HIR

E C

OU

NC

IL

DEVELOPMENT ASSESSMENT UNIT MEETING 23 AUGUST, 2016

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 1002/2015/HA/A - SECTION 96(2)

MODIFICATION TO AN APPROVED PLACE OF

PUBLIC WORSHIP - LOT 2 DP 1200708, NOS.

118-120 ARNOLD AVENUE, KELLYVILLE

4

ITEM-3 DA NO. 1866/2016/LD - TWO STOREY

DWELLING - LOT 29 DP 239496, NO. 16

ROSEBANK AVENUE, DURAL

48


PAGE 3

MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE

HILLS SHIRE COUNCIL ON TUESDAY, 16 AUGUST 2016

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair)

Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification

Mark Colburt Manager – Environment & Health

Craig Woods Manager – Regulatory Services

Kristine McKenzie Principal Executive Planner

APOLOGIES

Stewart Seale Manager – Forward Planning

TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION

8:39am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 9 August

2016 be confirmed.

ITEM-2 DA 711/2016/ZD – SUBDIVISION CREATING FIVE

COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND

ONE COMMUNITY ASSOCIATION LOT INCLUDING

DEMOLITION (RURAL CLUSTER) – LOT 1 DP 571090,

187A PITT TOWN ROAD, KENTHURST

RESOLUTION

The application be approved subject to conditions as set out in the report.

END MINUTES


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ITEM-2 DA NO. 1002/2015/HA/A - SECTION 96(2)

MODIFICATION TO AN APPROVED PLACE OF PUBLIC

WORSHIP - LOT 2 DP 1200708, NOS. 118-120

ARNOLD AVENUE, KELLYVILLE

THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living

environment and meets growth targets.

STRATEGY:

7.2 Manage new and existing development with a robust

framework of policies, plans and processes that is in

accordance with community needs and expectations.

MEETING DATE: 23 AUGUST 2016

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

GREG SAMARDZIC

RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT

PAUL OSBORNE

EXECUTIVE SUMMARY

The Section 96(2) Modification Application seeks to include a new awning structure

connecting an approved church building to an approved toilet block and two new

additional portable buildings to accommodate ancillary recreational activities. The new

buildings will be connected by a walkway and awning. The application also seeks to

amend the design of the approved toilet block, portable building and car park overflow

area. No changes are proposed to operational conditions such as hours of operation or

numbers of people attending the site.

Three submissions were received raising concerns with site levels, amenity, landscaping,

fencing, parking and noise. It is recommended that fill be reduced along the side

boundary to provide for improved transition between the development and an adjoining

dwelling. The site as a whole will be satisfactorily landscaped and will provide for

sufficient parking.

The proposal as amended is considered to be substantially the same development as

approved and will not result in any significant adverse impacts to surrounding residents.

The application is recommended for approval.


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BACKGROUND MANDATORY REQUIREMENTS

Applicant:

Owner:

St Mary & St

Cosman & St

Demian Coptic

Orthodox Church

(NSW) Property

Trust.

Coptic Orthodox

Church (NSW)

Property Trust.

1.

2.

3.

4.

LEP 2012 – Permissible with

consent.

DCP 2012 Part D Section 7 –

Balmoral Road Release Area –

Variation proposed – see report.

DCP Part D Section 1 – Parking –

Complies.

DCP Part D Section 3 – Landscaping

– Complies.

Zoning: R2 Low Density

Residential.

3. Sections 79C and 96 (EP&A Act) –

Complies.

Area: 3,612m².

4. Section 94 Contributions – NA.

Existing Development: Building works

under

construction.

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: Not required.

1. Submissions received.

2. Notice Adj Owners: 14 days.

2. Variation to DCP 2012.

3. Number Advised: 20.

4. Submissions

Received:

Three. POLITICAL DONATION – None disclosed.

HISTORY

25/08/2015 Development Consent No. 1002/2015/HA granted for a place of

public worship located on proposed lot 2 in the re-subdivision of

Lot 221 DP 1175568.

04/05/2016 Subject Section 96(2) Modification Application lodged.

16/06/2016 Letter sent to the applicant requesting additional engineering

information.

14/07/2016 Letter sent to the applicant requesting the submission of the

outstanding information. The applicant was requested to reduce

the filling works along the side boundary to ensure natural

ground levels are maintained along this interface.

15/07/2016 Additional information submitted.


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22/07/2016 Letter sent to the applicant’s engineer requesting additional

engineering information.

22/07/2016 Additional engineering information submitted.

05/08/2016 Letter sent to the applicant requesting submission of an

amended plan that reduces the amount of fill along the

neighbouring boundary.

05/08/2016 Amended landscape plan submitted.

PROPOSAL

The Section 96(2) Modification Application seeks to amend the approved place of public

worship development to include:

A new awning connecting the church building to the toilet block and the approved

portable building.

Internal reconfiguration of the toilet block.

A redesign to the overflow car park area as concrete.

Internal reconfiguration of the portable building with the tea/coffee area enlarged

and Sunday classes to be replaced with a storage room.

Two new portable buildings to accommodate ancillary recreational activities.

A new walkway and awning connecting to the new portable buildings.

Amendments to the internal steps to the church.

Amendments to the walkway along the northern side of the church.

A new walkway connecting the car parking overflow and the buildings.

The justification for the works is to improve the level of comfort and recreation for

worshippers on the site by improving the connections between the structures and the car

parking areas. There are no changes proposed to the approved maximum number of

people on site, the hours of operation and the number of car parking spaces.

There has been a complaint lodged regarding unauthorised land fill along the side

boundary. The complaint has been investigated and the applicant was requested to

address this concern as part of the subject application. The applicant has submitted a

detailed landscaping plan to address the issues relating to fill.

ISSUES FOR CONSIDERATION

1. Compliance with Section 96 of the Environmental Planning & Assessment

Act, 1979

Under the provisions of Section 96(2) of the Environmental Planning and Assessment

Act, 1979, Council may, in response to an application, modify a consent granted, if the

development, as modified, is substantially the same development. The nature of the

above criteria assumes that there is likely to be some change between an original

approved development and a modified one (North Sydney Council v Michael Standley &

Associates P/L).


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The word to ‘modify’ means to ‘to alter without radical transformation’ (Sydney City

Council v llenace Pty Ltd). It is considered that the additional works results in the same

development and are not deemed to be a radical change. The proposed amendments are

satisfactory due to the small scale of the works. The proposal satisfies the ‘substantially

the same’ development criteria as there is no change to the approved place of public

worship use and the new works are considered to be ancillary in nature.

2. Potential Impacts on Residential Amenity

(a) Visual Impact

The subject allotment is bounded by Arnold Avenue to the south, Broderick Boulevard to

the east and Raymond Circuit to the north.

The approved place of worship development and the proposed structures are single level

in nature. As the subject site slopes away from Arnold Avenue, it has required additional

land fill. The approved landfill height under the original consent was a maximum of

1.5m. Under the subject application the maximum fill is 2m (to be retained or battered)

to accommodate the new structures. The approved main church building is set back 10m

from Arnold Avenue and has a secondary setback of 6m to Broderick Boulevard. The

proposed new structures are in line with the approved secondary setbacks of the main

church building.

The visual impact of the new structures is considered to be satisfactory as they are

located behind the main building and there are no residences nearby. The applicant has

submitted a detailed landscaping plan which includes details on the provision of retaining

walls and associated finished levels. The plan indicates that the development will be

adequately screened. To minimise the impacts onto the adjoining dwelling to the west,

the applicant has submitted an amended landscape plan to relocate the retaining wall

along the western boundary at the top end of the front car park area and the fill to be

battered to natural grounds levels at the boundary.

The new buildings have been designed to reduce any adverse visual impact as far as

possible while maintaining a functional place of public worship facility. Overall, the

proposal provides an effective design solution which will serve the operational needs of

the church and provide the least possible impact on the surrounding locality.

(b) Noise Management

Under the original application, noise was assessed to be satisfactory subject to

conditions. No changes to the approved maximum number of people on site, hours of

operation and number of car parking spaces are proposed. It is not expected that the

proposed modifications in particular the new structures will generate any additional

noise. All the activities can be managed.

(c) Access and Parking

Under the original application, a total of 22 car parking spaces were approved to

accommodate 90 people and 16 deacons. The proposed modifications to the rear car

park will not alter the approved number of car parking spaces provided to the

development.

The development is considered to have addressed the relevant potential impacts on

residential amenity and is satisfactory subject to conditions.


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3. Compliance with DCP 2012

The proposal has been assessed against DCP Part D Section 7 – Balmoral Road Release

Area, Part C Section 1 – Parking and Part C Section 3 - Landscaping. The proposal as

amended complies with DCP 2012 with the exception of a further variation to the fill

development controls.

DEVELOPMENT

CONTROLS

DCP

REQUIREMENT

PROPOSED

DEVELOPMENT

COMPLIANCE

Part C Section 7

– Balmoral Road

Release Area

Part 8.1.4(a) Cut &

Fill

Maximum filling

above natural

ground level: 0.5m.

Maximum 2m fill (to

be retained and

bettered) to

accommodate the

modified works.

The amount of fill

is reasonable due

to the slope of the

site and the new

structures are

appropriately

located to

minimise any

adverse impacts.

Fill

Part 8.1.4(a) of DCP Part D Section 7 limits the maximum filling above natural ground

level to 0.5m. The above is achieved in sections on the subject site with the exception to

the proposed new structures which will involve a maximum of 2m fill (to be retained and

battered).

The applicant has provided the following justification:

Associated filling works will be required to level the areas of the proposed modified

works.

The objectives of this clause are:

(i) To ensure that dwellings are designed with regard to the site conditions and

minimise the impact on landform.

(ii) To reduce the risk that potentially saline soils may affect dwellings.

(iii) To maintain topsoil and endemic plant species seed bank.

The amount of fill to accommodate the modified works is reasonable due to the slope of

the site and the location of the new structures are appropriately located on the site to

minimise any adverse visual, privacy or overlooking impacts. The development controls

are specifically intended to control the level of cut and fill for a dwelling in particular. The

proposed place of public worship facility is a much larger development requiring fill

above the maximum 0.5m development standard. The structures are to be located on a

new large 3,618m² lot which was created in anticipation for such a use. The

development as amended continues to have generous setbacks which comply with

Council’s DCP setback requirements.

There has been a complaint lodged regarding unauthorised land fill along the side

boundary. The applicant has submitted a detailed landscaping plan to include further

details in relation to retaining walls and finished levels. To minimise the impacts onto the


PAGE 9

adjoining dwelling to the west, the applicant has provided an amended landscape plan to

relocate the retaining wall along the western boundary at the top end of the front car

park area and the fill to be battered to natural grounds levels.

The proposal satisfies the objectives of the DCP and is supported.

4. Issues Raised in Submissions

The application was notified for a period of 14 days and three individual submissions

were received. The table below addresses the issues raised in the submissions.

ISSUE/OBJECTION COMMENT OUTCOME

There are concerns with the

proposed landfill. The original

plans had a maximum fill of

1.5m high. The fill is now

well over 2m. Not so long

ago the other side of Arnold

Avenue was at least 1m

higher and now the church

appears to be at the same

level. The church structure

slab looks like it has been

raised a further 300mm in

height.

The proposed additional filling was

required to be provided to address

the relevant flood planning levels

applicable to the site. The visual

impact of the raised structures and

levels facing Broderick Boulevard

and Raymond Circuit are

considered to be satisfactory.

Issue addressed.

Everything proposed is

temporary and the applicant

has not indicated what is

planned to be built in the

future. It is not known how

long these temporary

structures will be in place.

The residents would like to

know what the final

structures will look like. It

appears that the church is

taking an unfair advantage

by sneaking in these

temporary structures one by

one.

The nature of the development is

temporary as the applicant has

indicated. The final outcome will be

subject to a future development

application.

Issue addressed.

A church should be on a main

road or in an industrial area.

There are strict planning

rules in place for the

Balmoral Estate and it

appears that the church has

their own rules in place. The

portable buildings do not suit

the nature of the area. It is

requested that large fast

growing trees/scrubs be

planted and erection of a

high fence to screen these

structures especially along

The church is already approved.

Both the original and the subject

application have been assessed

against the requirements of the

Balmoral Road DCP. A detailed

landscaping plan has been

submitted which includes

landscaping.

Issue addressed.


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Arnold Avenue. Plantings of

large trees on the nature

strip are also requested to be

planted. A good landscape

plan should be mandatory as

the appearance of the estate

should be protected.

The residents expect that

there will be insufficient car

parking on site in particular

as the church will commence

at 5am on Wednesday

mornings.

The proposed modifications will not

alter the approved 22 car parking

spaces provided to accommodate

90 people and 16 deacons to

comply with Council’s Parking DCP.

The DCP requires one car parking

space per 5 seats.

Issue addressed.

There are concerns with

noise from vehicles and

hymns from such an early

start. The residents expect

that there will be sufficient

noise insulation and closed

windows. It is requested that

the church does not

commence until 8am.

There are no changes to the

approved maximum number of

people, hours and car parking

numbers. It is not expected that

the new structures will generate

any additional noise.

Issue addressed.

It is requested that the rear

overflow car park be

accessed first before filling up

the car park along Arnold

Avenue as there are no

residents on the Raymond

court side.

This requirement was conditioned

under the original consent.

Issue addressed.

It is noticed that there is a

temporary driveway from

Arnold Avenue. When the

development is completed

that the Church should close

the entrance. The only access

to the church by car or by

foot should be to the rear

entrance. This should prevent

worshippers from parking on

Arnold Ave.

The driveway was approved under

the original consent to provide

access to the front car park area. It

is envisaged that this driveway will

be removed when the permanent

facility is constructed.

Issue addressed.

The timber retaining wall

along the side boundary is

not supported. It is

requested that the retaining

wall be masonry and charcoal

in colour.

The proposed timber retaining wall

at the top end of the car park is

satisfactory

Issue addressed.


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It is requested that the

privacy to and security to

prevent crashing of vehicles

into No. 116 Arnold Avenue

be provided due to the

amount of fill along the side

boundary. The raised car

park area, the portable

structure and walkway is

requested to be retained to

maintain existing natural

ground levels along this

boundary. It is requested a

2.4m high colorbond fence be

erected to prevent seeing the

adjoining residents being

impacted on by car lights.

The landscaping along this

boundary should achieve

mature planting preferably

with Bamboo trees to achieve

the same height of the fence.

The applicant has provided an

amended landscape plan to provide

for a retaining wall at the top end

of the car park and the remainder

of the fill to be battered to the

natural ground levels along the

western boundary. It is not agreed

that the car space nearest to the

neighbour requires any additional

preventative security measures to

ensure that a vehicle does not

crash into the adjoining

neighbour’s property. All driveways

and car parking areas must be

separated from landscaped areas

by a low level concrete kerb or

wall. A 2.4m colorbond high fence

is not a desirable planning outcome

where a 1.8m high lapped and

capped boundary fence with

mature landscaping should ensure

adequate privacy is achieved.

Planting Bamboo trees is not

supported.

Issue addressed –

see Condition No.

1.

ENGINEERING COMMENTS

Council’s Subdivision and Certification Team has assessed the proposal as amended and

provided the following comments:

The landscape plan illustrates detailed retaining wall locations, associated fill and spot

levels. The proposal based on this plan is considered to be compliant against the flood

planning level restriction applicable to the site. It is recommended that the architectural

plan be marked in red to ensure that levels on the landscaped plan are the approved

levels.

CONCLUSION

The proposal has been assessed having regard to Sections 79C and 96 of the

Environmental Planning & Assessment Act, 1979, The Hills Local Environmental Plan

2012 and The Hills Development Control Plan and is considered to be satisfactory. The

issues raised in the submissions have been addressed in this report and do not warrant

outright refusal of the application. Approval of the proposed modification is

recommended.

IMPACTS

Financial

Approval of this application has no direct financial impact upon Council's adopted budget

or forward estimates.


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The Hills Future Community Strategic Plan

The environmental and social impacts where appropriate have been identified and

addressed in the report. The proposal is satisfactory and would not adversely impact on

the amenity of neighbouring and nearby residential properties subject to the conditions

of consent.

RECOMMENDATION

The Section 96 Modification be approved as follows:

Condition No. 1 is to be deleted and replaced as follows:

1. Development in Accordance with Submitted Plans (As Amended)

The development being carried out in accordance with the approved plans as amended in

red and details submitted to Council, except where amended by other conditions of

consent.

The amendments in red include:

Notations on the landscape plan to provide for improved transition levels between

the development and the adjoining neighbour.

Notations on the architectural plan to ensure that the levels provided on the

landscape plan are the approved levels.

REFERENCED PLANS

DRAWING

NO.

DESCRIPTION REVISION DATE

SEC.96_01 Site Plan, Floor Plan, Elevations &

Section

A MARCH 2016

L-01 Landscape Plan B 09.06.16

No works (including excavation) shall be undertaken prior to the release of the

Construction Certificate.


5. External Finishes

External finishes and colours shall be in accordance with the details submitted with the

development application and approved with this consent. The car park areas are to be

surfaced using a coloured material.


6. Provision of Parking Spaces

The development shall make provision and maintenance thereafter of a minimum of 22

off-street car parking spaces to include one disabled space. The disabled space is to be

located within the car park area facing Arnold Avenue.


18. Minor Engineering Works

The design and construction of the engineering works listed below must be provided for

in accordance with the following documents and requirements:


PAGE 13

a) Council’s Design Guidelines Subdivisions/ Developments

b) Council’s Works Specifications Subdivisions/ Developments

Any variance from these documents requires separate approval from Council.

Works on existing public roads or any other land under the care and control of Council

must be approved and inspected by Council in accordance with the Roads Act 1993 or

the Local Government Act 1993. A separate minor engineering works application and

inspection fee is payable as per Council’s Schedule of Fees and Charges.

i. Driveway Requirements (Amended)

The design, finish, gradient and location of all driveway crossings must comply with the

above documents and Council’s Driveway Specifications.

- The proposed driveways must be built to Council’s medium duty standard.

The driveway must be 6m wide at the boundary splayed to 8m wide at the kerb.

The driveway must be a minimum of 6m wide for the first 6m into the site, measured

from the boundary.

On high level sites a grated drain must be provided on the driveway (to the Raymond

Court) at the property boundary.

A separate driveway application fee is payable as per Council’s Schedule of Fees and

Charges.

ii. Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with kerb and gutter

together with the restoration and turfing of the adjoining footpath verge area.

iii. Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable

legal point of discharge.

iv. Restriction – Rainwater Tanks

The development must provide minimum 15,000 litre rainwater tank connected to its

guttering in accordance with the Part D Section 7 Balmoral Road Release Area, and to

comply with the restriction to be registered on the title.

v. Footpath Verge Formation (Added)

The grading, trimming, topsoiling and turfing of the footpath verge fronting the

development site is required to ensure a gradient between 2% and 4% falling from the

boundary to the top of kerb is provided. This work must include the construction of any

retaining walls necessary to ensure complying grades within the footpath verge area. All

retaining walls and associated footings must be contained wholly within the subject site.

Any necessary adjustment or relocation of services is also required, to the requirements

of the relevant service authority. All service pits and lids must match the finished surface

level.

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Proposed Plans

4. Approved Plan

5. Copy of Original Development Assessment Unit Report


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ATTACHMENT 1 – LOCALITY PLAN


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ATTACHMENT 2 – AERIAL PHOTOGRAPH


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ATTACHMENT 3 – PROPOSED PLANS


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ATTACHMENT 4 – APPROVED PLAN


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ATTACHMENT 5 –

COPY OF ORIGINAL DEVELOPMENT ASSESSMENT UNIT REPORT


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ITEM-3 DA NO. 1866/2016/LD - TWO STOREY DWELLING -

LOT 29 DP 239496, NO. 16 ROSEBANK AVENUE,

DURAL

THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living

environment and meets growth targets.

STRATEGY:

7.2 Manage new and existing development with a robust

framework of policies, plans and processes that is in

accordance with community needs and expectations.

MEETING DATE: 23 AUGUST 2016

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER, SPECIAL PROJECTS

EAMON MURPHY

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER

KRISTINE MCKENZIE

EXECUTIVE SUMMARY

The Development Application is for the construction of a two storey dwelling. The

dwelling comprises four bedrooms and a triple garage. A separate application is required

for the demolition of the existing single storey dwelling.

Variations are proposed to the front and rear setback requirements of DCP Part B Section

2 – Residential. In this regard the DCP requires a 10 metre front setback, with a setback

of 9.4m metres proposed. The DCP requires a rear ground floor setback of 4 metres,

with a 2.5 metre setback proposed. The variations are considered reasonable and the

proposal satisfies the objectives of the DCP as the dwelling complements the streetscape

and achieves a high standard of design and construction in terms of external

appearance. There is no significant impact on privacy due to the reduced rear setback

given the rear part of the dwelling is single storey and noting that the existing dwelling is

closer to the boundary than the proposed dwelling.

The application was notified to adjoining properties for a period of 14 days in accordance

with Council’s policy and two submissions were received. The issues raised in the

submissions relate to loss of privacy, overshadowing, out of character with locality,

noise, setback, landscaping and impacts on fauna. The proposal is considered

satisfactory as any privacy overshadowing impacts are minimal, the dwelling and

landscaping design is not out of character with the locality, there are no unreasonable

impacts on the streetscape or adjoining properties as a result of the proposed setbacks,

noise levels would not be above those associated with a dwelling and the site is not

identified as containing any significant fauna species.

The application is recommended for approval subject to conditions.


PAGE 49

BACKGROUND MANDATORY REQUIREMENTS

Applicant: Mr Roshan

Wijesinghe

1. LEP 2012 - Satisfactory

Owner: Mr Roshan

Wijesinghe and

Mrs Ravini

Gamage

Wijesinghe

2.

3.

DCP Part B Section 2 - Residential -

Variations proposed – see report.

Section 79C (EP&A Act) –

Satisfactory.

Zoning: R2 Low Density

Residential

Area: 695.6m2

Existing Development: Single Storey

Dwelling

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: Not required 1. Submissions received.

2. Notice Adj Owners: Yes, 14 days 2. Variations to DCP 2012.

3. Number Advised: Six

4. Submissions

Received:

Two POLITICAL DONATION – None disclosed.

HISTORY

10/06/2016 Subject Development Application lodged.

PROPOSAL

The Development Application is for the construction of a two storey dwelling. The

dwelling comprises four bedrooms and a triple garage. The dwelling is proposed to be

constructed of boral brick with rendered components in cream and beige colours with an

external feature column of sandstone. The roof is colorbond in a grey colour.

A separate application is required for the demolition of the existing single storey

dwelling.

ISSUES FOR CONSIDERATION

1. Compliance with DCP Part B Section 2 - Residential

The application has been assessed against the requirements of DCP Part B Section 2 -

Residential and the following variations are identified:


PAGE 50

DEVELOPMENT

STANDARD

DCP

REQUIREMENT

PROPOSED

DEVELOPMENT

COMPLIANCE

Front Setback Front setback to be

10m.

Front setback:

9.404m.

No, however the

proposal will not

adversely impact

on streetscape.

Rear Setback. Rear setback to be

4m to ground floor

and 6m to upper

floor.

Rear setback:

2.541m to ground

floor.

The setback to the

upper floor is 6.118m

which complies with

the DCP.

No, however the

ground floor rear

setback does not

result in

unreasonable

impacts to privacy

or overshadowing.

a) Front Setback

The DCP requires a front setback of 10 metres. The proposal is for a front setback of

9.404m.

The following justification was provided by the applicant:

The Primary Road Frontage Setback in this precinct 10m. However our site is not a

typical rectangular block shape as the allotment is of trapezoidal shape with street

boundary width of the property being 22.86m and with shallow side boundary depths of

29.255m and 27.815m respectively. The rear boundary of site is 28.185m. We have

calculated the existing average front setback of the adjoining properties to be 9.4m. We

have designed the main front wall of the dwelling to be articulated with one two storey

wall component of the new dwelling to match this average setback and have the other

portions of the front walls with a further setback of 10.455m.

Our dwelling is located centrally about the property and provides for greater separation

from the adjoining properties with increased setbacks to side boundaries. Our proposal

also ensures that new development is sensitive to the landscape setting, site constraints

and established character of the street and locality, whilst the appearance of the new

dwelling is of a high visual quality and enhances the streetscape. Our proposed front

setback is also consistent with, and generally attempts to meet the existing front

setbacks of the two adjoining dwellings. We request Council to approve our proposal

accordingly as we feel our proposal attempts to meet the objectives of the DCP in that

our proposal complements the streetscape and protects the privacy and sunlight to

adjacent dwellings.

Comment:

The DCP provides the following objectives in relation to setbacks:

(i) To provide setbacks that complements the streetscape and protects the

privacy and sunlight to adjacent dwellings in accordance with ESD Objective 7.

(ii) To ensure that new development is sensitive to the landscape setting, site

constraints and established character of the street and locality.

(iii) To ensure that the appearance of new development is of a high visual quality

and enhances the streetscape.


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The variation is considered minor and satisfies the objectives of the DCP as it

complements the streetscape, is sensitive to the established character of the area and

achieves a high standard of design and construction in terms of external appearance.

It is also noted that the garage setback is 10.455m which complies with the DCP.

The proposed front setback is considered satisfactory and can be supported.

b) Rear Setback

The DCP requires a rear setback of 4m to ground floor and 6m to upper floor. The

proposal is for a rear setback of 2.541m.

The following justification was provided by the applicant:

The proposal is located 2.541m from the rear southern boundary. The existing dwelling

is located closer to the rear southern boundary than that proposed. It is to be noted that

the proposed new floor levels matches that of the existing floor level as it is intended to

retain where possible, the existing brick masonry retaining wall for the full length of the

rear

boundary so as to not disturb or alter the existing landscape and fence treatment along

the rear boundary and keep the contiguous vegetation corridor across the block. The

floor level and proposed new roof levels will be below the height of the existing boundary

fence, thus maintaining the visual privacy and amenity to the adjoining southern

residence.

The proposed building will have its existing landscaped open space maintained at the

south western portion of the property that will be used for private outdoor recreation and

relaxation, whilst the rear south eastern area is used for utilities and drying facilities.

The proposed location of the dwelling also allows for greater separation distances

between neighbouring dwellings so as to provide for the visual and acoustic privacy of

the adjoining dwellings. We request Council to approve our proposal accordingly as we

feel our proposal attempts to meet the objectives of the DCP.

Comment:

The DCP provides the following objectives in relation to setbacks:

(i) To provide setbacks that complements the streetscape and protects the privacy

and sunlight to adjacent dwellings in accordance with ESD Objective 7.

(ii) To ensure that new development is sensitive to the landscape setting, site

constraints and established character of the street and locality.

(iii) To ensure that the appearance of new development is of a high visual quality

and enhances the streetscape.

The variation is considered reasonable and satisfies the objectives of the DCP as it does

not impact on the privacy or sunlight to adjacent dwellings as the variation is to the

ground floor only. The setback to the upper floor is 6.118m which complies with the

DCP.

The adjoining properties to the east and south (No. 1 and No. 2 Michelle Place) will

receive some shadow impact as a result of the proposal, with No. 1 Michelle Place being

impacted by shadow at 3pm, and No. 2 Michelle Place, which is located to the south,

having some shadow impact at all times of the day (mid-winter). The DCP requires solar


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access of a minimum of 4 hours between 9am and 3pm on 21 June to at least 50% of

the private open space to the subject and adjoining lots to be achieved. The required

solar access is achieved to the adjoining properties (See Attachment 8).

The ground floor at the rear of the subject dwelling contains a door accessing an outdoor

alfresco area and two windows from the kitchen and dining area. The existing timber

1.8m high fence between the subject property and the property to the rear is to be

retained. This will limit any impacts on privacy between the lots.

It is noted that the current setback to the existing covered ground floor pergola is

approximately 1 metre.

The proposed rear setback is considered satisfactory and can be supported.

2. Issues raised in submissions

The application was notified to adjoining properties for a period of 14 days and two

submissions were received. In response, the issues raised in the submissions are

addressed in the following table.

ISSUE/OBJECTION COMMENT OUTCOME

Concerns raised that the

proposed two storey dwelling is

out of character,

unsympathetic and

inconsistent with the existing

development in the area which

have predominantly single

storey dwellings and it does

not enhance or integrate with

the existing ‘older’ streetscape

and will impact on the visual

amenity of the locality.

Concern was also raised that

the colorbond roof is not in

keeping with the existing

streetscape.

It is considered that the

development contributes to, and

enhances, the neighbouring

character and identity. The

proposed knock down and rebuild

development is in keeping with

Council’s policy to promote

rebuilding within established

residential areas.

There are other examples of two

storey dwellings in the area

including No. 17 and No. 24

Rosebank Avenue.

The proposed colorbond roof will

not adversely impact on

streetscape.

Issue addressed.

Concerns raised over the

proposed rear setback of 2.54

metres. The objector requests

a 6 metre rear setback.

The variation to the DCP

requirement is addressed in

Section 1 above.

Issue addressed.

The neighbour located to the

rear raised concerns that their

lounge, dining and kitchen

areas are located on the 1st

floor which will be overlooked

from bedrooms in the proposed

development. Concern was

also raised that they will be

disturbed and impacted when

they are on their 1st floor

balcony.

The upper floor windows are set

back 6.1m from the rear

boundary which complies with the

DCP requirement. There are

bedrooms, a void and a walk in

robe on the upper floor area

which face toward the rear. These

are not considered high trafficable

areas. Given the use of the

bedrooms and the walk in robe,

there will be minimal privacy

impact to the rear property.

Issue addressed.


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The neighbour located to the

western side raised concerns

that the development will

result in a lack of privacy.

The neighbouring dwelling to the

west is a single storey dwelling

with a roofline close to the

common boundary. The upper

floor windows on the western

elevation comprise one obscure

window to the main bathroom,

with the remaining bedroom

windows being highlight windows.

Given the location of the site, the

proposed dwelling will not

overlook the adjoining private

open space area at the rear of the

adjoining dwelling.

Concerns raised that the

proposal will create significant

overshadowing to the private

open space of the adjoining

neighbouring properties.

Concern was also raised that

the shadow diagrams show

summer shadowing and not

winter.

The DCP requirements relating to

solar access states that at least

50% of the required private open

space within the subject property

and that on adjoining properties

is to receive direct sunlight for a

minimum of four hours between

9am and 3pm on 21 June. The

submitted shadow diagram shows

that the subject property and the

adjoining property receive the

required solar access between

9am and 3pm on 21 June.

The submitted shadow diagram

depicts the winter sun shadowing

and not the summer as was noted

by the neighbour.

Issue addressed.

Concerns raised over

insufficient landscaped area.

The DCP requires a minimum of

40% landscaped area. The

application proposes a landscaped

area of 43.8% which complies

with the DCP.

No existing trees are proposed to

be removed and the proposed

landscaping is of a high standard

which will enhance the

streetscape.

Issue addressed.

Concerns raised over noise

levels from the two storey

dwelling.

It was also requested that the

air-conditioning system be

relocated to another location.

It is not anticipated that the

proposed development will

significantly increase existing

residential noise levels beyond

those associated with a dwelling.

The air-conditioner location is

7.6m from the adjoining dwelling

to the east and 8m from the

adjoining dwelling to the south.

This exceeds Council’s

recommendation of 3 metres

Issue addressed.


PAGE 54

distance from dwelling to

dwelling. It is noted that modern

air-conditioning units emit very

low levels of noise and in this

case, the distance is considered

adequate to cause any significant

noise disturbances.

Concerns raised that no fauna

assessment was provided as

the area is inundated with a

variety of birds and a new two

storey dwelling will impact on

native wildlife.

A fauna assessment is not

required for this application as the

site is not identified as containing

any significant fauna species. It is

also noted that all existing trees

on site will be retained.

Issue addressed.

CONCLUSION

The application has been assessed against the relevant heads of consideration under

Section 79C of the Environmental Planning and Assessment Act, 1979, Local

Environmental Plan 2012 and DCP Part B Section 2 - Residential and is considered

satisfactory. The variations to the DCP have been assessed and are considered

reasonable. The issues raised in the submissions have been addressed in the report and

do not warrant refusal of the application.

The application is recommended for approval subject to conditions.

IMPACTS

Financial

This matter has no direct financial impact upon Council's adopted budget or forward

estimates.

The Hills Future Community Strategic Plan

The proposed development is consistent with the planning principles, vision and

objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed

development provides for satisfactory urban growth without adverse environmental or

social amenity impacts and ensures a consistent built form is provided with respect to

the streetscape and general locality.

RECOMMENDATION

The Development Application be approved subject to the following conditions of consent.

GENERAL MATTERS

1. Development in Accordance with Submitted Plans (as amended)

The development being carried out in accordance with the approved plans and details

submitted to Council, as amended in red, stamped and returned with this consent. No

work (including excavation, land fill or earth reshaping) shall be undertaken prior to the

issue of the Construction Certificate, where a Construction Certificate is required.


PAGE 55

The amendments in red include: -

Dropped edge beam on western elevation.

Removal of reference to demolition of existing single storey dwelling.

REFERENCED PLANS

DESCRIPTION SHEET REVISION DATE

Site Plan 1 A 16/11/2015

Ground Floor Plan 2 A 16/11/2015

First Floor Plan 3 A 16/11/2015

Elevations Plan (Northern/Western) 4 A 16/11/2015

Elevations Plan (Southern/Eastern) 5 A 16/11/2015

Section Plan 6 A 16/11/2015

Landscape and Private Open Space Plan 8 A 16/11/2015

Soil Erosion and Sediment Control and Waste

Management Plan

9 A 16/11/2015

BASIX Commitments Plan 11 A 16/11/2015

Schedule of Finishes 1-2 - -

2. External Finishes

External finishes and colours shall be in accordance with the details submitted with the

development application and approved with this consent.

3. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a

Construction Certificate. A Construction Certificate may be issued by Council or an

Accredited Certifier. Plans submitted with the Construction Certificate are to be amended

to incorporate the conditions of the Development Consent.

4. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building

Code of Australia.

5. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted to and approved by Council

must be implemented during the construction and/or demolition phases of the

development, as well as the ongoing management phase. The information submitted can

change provided that the same or a greater level of reuse and recycling is achieved as

detailed in the plan. Any material moved offsite is to be transported in accordance with

the requirements of the Protection of the Environment Operations Act 1997 and only to a

place that can lawfully be used as a waste facility. Receipts of all waste/recycling tipping

must be kept onsite at all times and produced in a legible form to any authorised officer

of the Council who asks to see them.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square

metres or more of asbestos sheeting) must provide information to the NSW EPA

regarding the movement of waste using their WasteLocate online reporting tool

www.wastelocate.epa.nsw.gov.au.

6. Management of Construction

Waste materials must be appropriately stored and secured within a designated waste

area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste


PAGE 56

materials such as paper and containers which must not litter the site or leave the site

onto neighbouring public or private property. A separate dedicated bin must be provided

onsite by the builder for the disposal of waste materials such as paper, containers and

food scraps generated by all workers. Building waste containers are not permitted to be

placed on public property at any time unless a separate application is approved by

Council to locate a building waste container in a public place. Any material moved offsite

is to be transported in accordance with the requirements of the Protection of the

Environment Operations Act 1997 and only to a place that can lawfully be used as a

waste facility. The separation and recycling of the following waste materials is required:

metals, timber, masonry products and clean waste plasterboard. This can be achieved by

source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks

and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a

waste contractor or transfer/sorting station that will sort the waste on their premises for

recycling. Receipts of all waste/recycling tipping must be kept onsite at all times and

produced in a legible form to any authorised officer of the Council who asks to see them.

7. Commencement of Domestic Waste Service

The property owner or agent acting for the owner must ensure to arrange the

commencement of a domestic waste service with Council. The service is to be arranged

no earlier than two days prior to occupancy and no later than two days after occupancy

of the development. All requirements of Council’s domestic collection service must be

complied with at all times. Please telephone Council on (02) 9843 0310 for the

commencement of waste services.

8. Provision of Domestic Waste Storage Area

Sufficient space must be allocated onsite to store a minimum of three 240 litre mobile

bins (for waste streams as determined by Council). Note two separate areas are required

for dual occupancies. The location is required to ensure that the bins are not visible from

any adjoining property or public place, are easily accessible by future occupants and

allow the bins to be wheeled to the street over flat or ramped surfaces, grade not to

exceed 1:14, and not over steps, kerbs, landscape edging or through a habitable area of

the dwelling.

PRIOR TO WORK COMMENCING ON THE SITE

9. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that

the approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval receipt from Sydney Water Tap in™ must be

submitted to the Principal Certifying Authority upon request prior to works commencing.

Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney

Water Tap in™, or telephone 13 20 92.

10. Management of Building Sites – Builder’s Details

The erection of suitable fencing or other measures to restrict public access to the site

and building works, materials or equipment when the building work is not in progress or

the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the

site is not permitted and giving an afterhours contact name and telephone number. In

the case of a privately certified development, the name and contact number of the

Principal Certifying Authority.

11. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the

installation of telephone conduits, broadband connections and letterboxes as required.


PAGE 57

Unimpeded access must be available to the electricity supply authority, during and after

building, to the electricity meters and metering equipment.

The building plans must be submitted to the appropriate Sydney Water office to

determine whether the development will affect Sydney Water’s sewer and water mains,

stormwater drains and/or easements. If the development complies with Sydney Water’s

requirements, the building plans will be stamped indicating that no further requirements

are necessary.

12. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning

and Assessment Regulations 2000.

13. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively

an approved chemical closet is to be provided on the land, prior to building operations

being commenced.

14. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site

works; and maintained throughout construction activities until the site is landscaped

and/or suitably revegetated. The controls shall be in accordance with the details

approved by Council and/or as directed by Council Officers. These requirements shall be

in accordance with Managing Urban Stormwater – Soils and Construction produced by

the NSW Department of Housing (Blue Book).

15. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site

works, and maintained throughout construction activities until the site is stabilised. The

controls shall be in accordance with the requirements with the details approved by

Council and/or as directed by Council Officers. These requirements shall be in

accordance with Managing Urban Stormwater – Soils and Construction produced by the

NSW Department of Housing (Blue Book).

16. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be

submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying

Authority in accordance with the Regulations.

DURING CONSTRUCTION

17. Hours of Work

Work on the project to be limited to the following hours: -

Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors

regarding the hours of work.

18. Survey Report

A Survey Certificate to be submitted to the Principal Certifying Authority at footings

and/or formwork stage. The certificate shall indicate the location of the building in

relation to all boundaries, and shall confirm the floor level prior to any work proceeding

on the building.


PAGE 58

19. Dropped Edge Beam

All fill is to be contained within the dropped edge beam as shown on the approved plans.

The dropped edge beam is to extend to natural ground level. No fill is to be placed to the

exterior of the building unless otherwise shown on the approved plans.

20. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a

condition of this Development Consent that all commitments listed in BASIX Certificate

No. 720946S are to be complied with. Any subsequent version of this BASIX Certificate

will supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of this BASIX

Certificate necessitate design changes to the development. However, a Section 96

Application will be required for a BASIX Certificate with a new number.

21. Compliance with Critical Stage Inspections and Other Inspections

Nominated by the Principal Certifying Authority

Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause

162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for

building work. Prior to permitting commencement of the work, your Principal Certifying

Authority is required to give notice of these inspections pursuant to Clause 103A of the

Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be

used or occupied where any mandatory critical stage inspections or other inspections

required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all

inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA

unless by prior agreement of the PCA and subject to that person being an

accredited certifier.

22. Roof Water Drainage

Gutter and downpipe and/or rainwater tank overflow, to be provided and connected to

an approved lawful discharge point (ie. kerb, inter-allotment drainage easement or OSD)

upon installation of roof coverings.

23. Landscaping Works

Landscaping works, associated plantings and the construction of any retaining walls are

to be undertaken generally in accordance with the approved plans.

24. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the

surrounding premises. In the absence of any alternative measures, the following

measures must be taken to control the emission of dust:

Dust screens must be erected around the perimeter of the site and be kept in

good repair for the duration of the construction work;

All dusty surfaces must be wet down and suppressed by means of a fine water

spray. Water used for dust suppression must not cause water pollution; and

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

covered.

25. Demolition of Existing Structures

The removal of the existing dwelling and outbuildings shall be subject to a separate

application.


PAGE 59

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Site Plan

4. Elevations (Northern/Western) Plan

5. Elevations (Southern/Eastern) Plan

6. Landscape Plan

7. Shadow Diagram


PAGE 60

ATTACHMENT 1 – LOCALITY PLAN


PAGE 61

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 62

ATTACHMENT 3 – SITE PLAN


PAGE 63

ATTACHMENT 4 – ELEVATIONS (NORTHERN/WESTERN) PLAN


PAGE 64

ATTACHMENT 5 – ELEVATIONS (SOUTHERN/EASTERN) PLAN


PAGE 65

ATTACHMENT 6 – LANDSCAPE PLAN


PAGE 66

ATTACHMENT 7 – SHADOW PLAN

Documents

Development Assessment Unit · 2020. 3. 11. · development assessment unit meeting 23 august, 2016 page 4 item-2 da no. 1002/2015/ha/a - section 96(2) modification to an approved