Agenda of Extraordinary Cumberland Local Planning Panel Meeting

Extraordinary Cumberland Local Planning Panel Meeting

30 January 2019

Item No: ELPP001/19

Development Application for 21 Winnima Circuit, Pemulwuy

Responsible Division: Environment & Planning

Officer: Manager Development Assessment

File Number: 2018/441/1

Application lodged	22 November 2018
Applicant	Rawson Homes Pty Ltd
Owner	Mr S K Saha & Mrs U Talukdar
Application No.	DA: 2018/441/1
Description of Land	The site forms Lot 127 of DP1223098 and is known as 21 Winnima Circuit, Pemulwuy.
Proposed Development	Construction of a two storey dwelling house
Site Area	330m²
Zoning	R3 – Medium Density Residential
Disclosure of political donations and gifts	Nil disclosure
Heritage	No
Principal Development Standards	FSR Permissible:0.7:1 ( 231sqm/330sqm) Proposed: 0.62:1 (205sqm) AND Height of Building Permissible: 10m Proposed: 7.9m
Issues	· Request to release restriction of Positive Covenant on subject site.

Summary:

1. Development Application No. DA-2018/441/1 was received on 22 November 2018 for the Construction of a two storey dwelling house at Lot 127 of DP1223098 (Known as 21 Winnima Circuit, Pemulwuy).

2. The application was publicly notified to occupants and owners of the adjoining properties for a period of 14 days between 27 November 2018 and 11 December 2018. In response, no submissions were received.

3. The variations are as follows:

Control	Required	Provided	Variation
88B Restriction on Use of land or Positive Covenants	Item No. 16 of 88B instrument- Positive Covenant burdening Lot 127 of DP1223098- The registered proprietor of the lot burden must design and construct a dwelling in accordance with the Adaptable House Class B guidelines and standards	Design of house is not in accordance with the adaptable Class B guidelines and standards	Remove restriction/positive covenant burdening Lot 127

4. The application is recommended for deferred commencement subject to the conditions as provided in the attached schedule.

5. The application is referred to the Panel as part owner of site is a sitting Councillor of Cumberland Council.

Report:

Subject Site and Surrounding Area

The site forms Lot 127 of DP1223098 and is known as 21 Winnima Circuit, Pemulwuy. The site has an area of 330m2 and a frontage to Winnima Circuit of 11m. The site has a cross fall of over a meter from the western side boundary to eastern side boundary. The site is located in the Pemulwuy south sub-precinct.

A site inspection of the premises carried out in November 2018 confirmed that the site and immediate adjoining sites are currently vacant with various other lots within Winnima Circuit currently under construction.

Figure 1 – Locality map of 21 Winnima Circuit, Pemulwuy

(a) Figure 2 – Aerial view of subject site

Figure 3 – Street view of subject site

Description of the Proposed Development

Council has received a development application on 22 November 2018 seeking approval for the construction of a two storey dwelling house.

Key features of the development proposal are as follows:-

· Construction of a two storey dwelling house incorporating:

Ground Floor

· Entry porch;

· A single garage;

· Lounge room

· Rumpus/theatre

· Family/dining room

· Kitchen/Pantry

· Laundry

· Bathroom

· Outdoor alfresco area

First Floor

· A total of 4 bedrooms (including master with an ensuite);

· A Rumpus room;

· Bathroom;

· Prayer room; and

· Front balcony facing Winnima Circuit.

History of Site

The subject site is part of the approved master subdivision under Development Application DA-2010/382 which was approved on 21 March 2011. There have been a number of modification applications lodged with respect to DA 2010/382 including the following:

- Modification application DA-2010/382/2 was approved on 20 June 2011 for amendment of engineering and landscaping conditions and correct description of the approved development to 45 Lots;

- Modification application DA-2010/382/3 was approved on 5 April 2012 to modify the approved Building Envelope Plan;

- Modification application DA-2010/382/4 was approved on 26 June 2012 to modify the approved building Envelope Plan;

- Modification application DA-2010/382/5 was approved on 6 October 2016 for amendments to approved subdivision;

- Modification application DA-2010/382/6 was refused on 10 May 2017 for deletion of the reserve/pedestrian link; and

- Modification application DA-2010/382/7 was approved on 10 January 2018 for modification of the landscaping.

A planning proposal was lodged with Council to rezone part of the master lot from R4 High Density Residential to R3 Medium Density Residential. The proposal was approved by Cumberland IHAP on 10 May 2017, and by Council on 7 June 2017. Amendment No. 12 to Holroyd LEP 2013 was gazetted on 15 September 2017 and as such the site is now zoned R3 Medium Density Residential which makes the proposed development permissible.

History regarding development application 2018/441/1

Date	Action
22 November 2018	The Development Application was lodged for the construction of a two storey dwelling house.
27 November 2018 to 11 December 2018	Application was placed on public notification for 14 days. No submissions were received.
30 January 2019	Application referred to CLPP for determination.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by East Coast Property and Planning dated 02.08.2018 and was received by Council on 22 November 2018 in support of the application.

Contact with Relevant Parties

The assessing officer has undertaken a site inspection of the subject site and surrounding properties and has been in regular contact with the applicant throughout the assessment process.

Internal Referrals

The development application was not required to be referred to any internal Council departments.

External Referrals

The application was not required to be referred to any external government authorities for comment.

Planning Comments

The provisions of any Environmental Planning Instruments (EP&A Act s4.15 (1)(a)(i))

State Environmental Planning Policies

The proposed development is affected by the following State Environmental Planning Policies:

(a) State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)

Clause 7 of SEPP 55 requires Council to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development. The matters listed within Clause 7 have been considered in the assessment of the development application.

Matter for Consideration	Yes/No
Does the application involve re-development of the site or a change of land use?	Yes No
Is the development going to be used for a sensitive land use (e.g.: residential, educational, recreational, childcare or hospital)?	Yes No
Does information available to you indicate that an activity listed below has ever been approved, or occurred at the site? acid/alkali plant and formulation, agricultural/horticultural activities, airports, asbestos production and disposal, chemicals manufacture and formulation, defence works, drum re-conditioning works, dry cleaning establishments, electrical manufacturing (transformers), electroplating and heat treatment premises, engine works, explosive industry, gas works, iron and steel works, landfill sites, metal treatment, mining and extractive industries, oil production and storage, paint formulation and manufacture, pesticide manufacture and formulation, power stations, railway yards, scrap yards, service stations, sheep and cattle dips, smelting and refining, tanning and associated trades, waste storage and treatment, wood preservation	Yes No
Is the site listed on Council’s Contaminated Land database?	Yes No
Is the site subject to EPA clean-up order or other EPA restrictions?	Yes No
Has the site been the subject of known pollution incidents or illegal dumping?	Yes No
Does the site adjoin any contaminated land/previously contaminated land?	Yes No
Has the appropriate level of investigation been carried out in respect of contamination matters for Council to be satisfied that the site is suitable to accommodate the proposed development or can be made suitable to accommodate the proposed development?	Yes No
Details of contamination investigations carried out at the site: The site is identified in Council’s records as being contaminated. Remediation works were carried out as part of DA-2010/382 for the master subdivision. The site is now deemed suitable for residential purposes. The subject site has been approved for residential purposes and is currently vacant and further contamination is not expected

(b) State Environmental Planning Policy (Infrastructure) 2007

The provisions of the Infrastructure SEPP (ISEPP) 2007 have been considered in the assessment of the development application.

Clause 45 - Development likely to affect an electricity transmission or distribution network

The subject development does not incorporate basement excavation in proximity (within 2 metres) to an electricity distribution pole nor does the development occur within 5 metres of an overhead electricity power line. As such, the Consent Authority is not required to give written notice to an electricity supply authority.

Clause 85 – Development adjacent to railway corridors

The application is not subject to clause 85 of the ISEPP as the site is not in or adjacent to a rail corridor.

Clause 86 – Excavation in, above, below or adjacent to rail corridors

The application is not subject to clause 86 of the ISEPP as the proposed redevelopment of the site does not involve excavation to a depth of at least 2m below ground level (existing), on land within, below or above a rail corridor, or within 25m (measured horizontally) of a rail corridor.

Clause 87 – Impact of rail noise or vibration on non-rail development

The application is not subject to clause 87 of the ISEPP as the site is not in or adjacent to a rail corridor nor is likely to be adversely affected by rail noise or vibration:

Clause 101 – Frontage to classified road

The application is not subject to clause 101 of the ISEPP as the site does not have frontage to a classified road.

Clause 102 – Impact of road noise or vibration on non-road development

The application is not subject to clause 102 of the ISEPP as the average daily traffic volume is less than 40,000 vehicles on Winnima Circuit.

Clause 104 – Traffic generation developments

The application is not subject to clause 104 as the proposal does not trigger the requirements for traffic generating developments listed in Schedule 3 of the ISEPP.

(c) Statement Environmental Planning Policy No 19 - Bushland in Urban Areas

The subject site does not adjoin land zoned or reserved for public open space.

(d) State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

Yes – The proposal does not involve the removal of any vegetation.

(e) State Environmental Planning Policy (Coastal Management) 2018

The subject site is not identified as a coastal wetland or land identified as “proximity area for coastal wetlands” or land identified as such by the Coastal Vulnerability Area Map.

(f) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

BASIX Certificate No. 951714S_02 dated issued on 21 November 2018 has been submitted with Council. BASIX Certificates have been reviewed and are considered to be satisfactory.

Local Environmental Plans

The provision of the Holroyd Local Environmental Plan 2013 is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the Holroyd Local Environmental Plan 2013 and the objectives of the R3 – Medium Density Residential zoning.

(a) Permissibility:-

The proposed development is defined as a “dwelling house” and is permissible in the R3 – Medium Density Residential zone with consent.

A dwelling house means a building containing only one dwelling.

The relevant matters to be considered under Holroyd Local Environmental Plan 2013 and the applicable clauses for the proposed development are summarised below.

Figure 4 – Holroyd LEP 2013 Compliance Table

DEVELOPMENT STANDARD	COMPLIANCE	DISCUSSION
4.3 Height of Buildings Maximum permissible: 10m	Yes	Overall building height is 7.9m
4.4 Floor Space Ratio Maximum permissible: 0.7:1	Yes	Site area: 330m² Yes – FSR is 0.62:1 (205sqm/330sqm)
5.10 Heritage conservation	Yes	No impacts
6.1 Acid sulfate soils	N/A	The site is not affected by Acid Sulfate Soils
6.2 Earthworks	Yes	Minor earthworks with no detrimental impacts
6.4 Flood planning	N/A	The site is not identified as being flood prone
6.5 Terrestrial Biodiversity	N/A	There is no evidence of any terrestrial biodiversity on the site
6.6 Riparian land and watercourses	N/A	The site is not identified as riparian land or in vicinity of a watercourse
6.7 Stormwater management	Yes	Satisfactory subject to condition for stormwater system to be constructed in accordance with Part A, Section 7 of the HDCP 2013.
6.8 Salinity	Yes	The site is located on lands identified as being affected by moderate salinity. Appropriate conditions of consent have been included within the draft conditions of consent, relating to salinity.

The provisions of any proposed Environmental Planning Instruments (EP& A Act s4.15 (1)(a)(ii))

· Draft State Environmental Planning Policy (Environment)

The draft SEPP relates to the protection and management of our natural environment with the aim of simplifying the planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property. The changes proposed include consolidating the following seven existing SEPPs:

- State Environmental Planning Policy No. 19 – Bushland in Urban Areas

- State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

- State Environmental Planning Policy No. 50 – Canal Estate Development

- Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment

- Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2-1997)

- Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

- Willandra Lakes Regional Environmental Plan No. 1 – World Heritage Property.

The draft policy will repeal the above existing SEPPs and certain provisions will be transferred directly to the new SEPP, amended and transferred, or repealed due to overlaps with other areas of the NSW planning system.

Changes are also proposed to the Standard Instrument – Principal Local Environmental Plan. Some provisions of the existing policies will be transferred to new Section 117 Local Planning Directions where appropriate.

The proposed development is not affected by any relevant Draft Environmental Planning Instruments.

The provisions of any Development Control Plans (EP&A Act s4.15 (1)(a)(iii))

Holroyd Development Control Plan (HDCP) 2013

The provisions of the HDCP 2013 is applicable to the development proposal. It is noted that the development achieves general compliance with the key controls of the HDCP 2013. The following Parts of the HDCP 2013 are applicable to the proposed development:

· Part A - General Controls

· Part B - Residential Controls

· Part P – Pemulwuy Residential Controls

Figure 5 – Holroyd DCP 2013 Compliance Table

Part A – General Controls

2	Roads and Access
	Comment		Yes	No	N/A
	Proposed vehicular crossings (VC) and driveways along the eastern side boundary of the site. The driveway width is a minimum 3 metres and will provide access to the single garage. New VC and driveway considered satisfactory subject to standard condition in development consent.
3	Car Parking
No.	Clause	Comment	Yes	No	N/A
3.1	Minimum Parking Spaces 2 car parking spaces per dwelling (1 undercover)	The development proposes a single garage and 1 car space on the driveway.
3.3	Dimensions and Gradients Parking length – 5.5m, Parking width – 2.4m, 3m for enclosed single garages, 5.5m for double garages	The proposal includes a single garage with dimensions of 5.5m x 3.88m. The proposal maintains a minimum width of 3m by 5.5m outside of the steps within the garage.
4	Trees and Landscape Works
No.	Clause	Comment	Yes	No	N/A
4.1	No trees are to be removed as part of the application.
5	Biodiversity
No.	Clause	Comment	Yes	No	N/A
	There is no evidence of any terrestrial biodiversity on the site. Therefore, these provisions are not applicable. As shown on Council’s Biodiversity Map, the site is not affected by ‘biodiversity’.
6	Soil Management
No.	Clause	Comment	Yes	No	N/A
6.2	Site Contamination and Land Filling	The site is identified in Council’s records as being contaminated. Remediation works were carried out as part of DA-2010/382 for the master subdivision. The site is now deemed suitable for residential purposes. The subject site has been approved for residential purposes and is currently vacant and further contamination is not expected
6.3	Erosion and Sediment Control	Submitted Erosion and Sediment Control Plan is considered to be satisfactory.
6.5	Salinity Management	The site is located on land identified as being affected by moderate salinity. Appropriate conditions of consent have been included within the draft conditions of consent, relating to salinity.
7.	Stormwater Management	A stormwater plan was submitted as part of the development application and is considered to be satisfactory subject to condition in development consent.
8.	Flood Prone Land	As shown on Council’s Flood Map, the site is not identified as flood prone land.
9.	Managing external road noise and vibration	The site is not located in or adjacent to a classified road or rail corridor.
10.	Safety and Security	The front entry and windows to habitable rooms address the street frontage to provide a high level of surveillance Safety and security is satisfactory.
11.	Waste Management	The submitted Waste Management Plan is considered to be satisfactory.
12.	Services	Water, sewer, overhead electricity and underground telephone facilities are available to the proposed dwelling.
Part B – Residential Controls

1.1	Building Materials
No.	Clause	Comment	Yes	No	N/A
	Building materials for new residential development and for additions to existing residential development must be compatible with the streetscape and character of its locality.	Facades are well articulated with appropriate materials for the character of the streetscape.
1.2	Fences
No.	Clause	Comment	Yes	No	N/A
	Front fences Maximum height of 1.5m, maximum 1m solid.	No front fence is proposed
	Side fences Side/rear Fences min. 1.8m, max. 2.4m	Yes, subject to condition in development consent
1.3	Views
No.	Clause	Comment	Yes	No	N/A
	Where significant and/or district views are currently enjoyed, or where views may be reasonably created, the design of development shall be designed to minimise the obstruction of such views.	The proposal does not obstruct the currently enjoyed views of adjoining properties.
1.4	Privacy
No.	Clause	Comment	Yes	No	N/A
	The windows of dwellings are to be located so they do not provide direct and close views into the windows of habitable rooms and private open spaces of adjoining dwellings.	Northern Elevation No issues as faces street frontage. Eastern Elevation: Ground floor: No privacy issues arise as rear high use room proposes highlight window type and side entry door proposes obscure glazing. First Floor: Stairwell window to be conditioned and amended on plans in red to be fixed obscure glazing. Western Elevation: Ground floor: No privacy issues arise as highlight window types used for high use room windows and rear alfresco is not significantly raised above natural ground level. First Floor: No privacy issues arise as highlight window types used for high use room window Southern Elevation Ground floor: No privacy issues as significantly setback from rear boundary subject to deferred commencement condition for rear setback to comply with Building Envelope Plan. First Floor: No privacy issues arise as highlight window types used and rooms with windows are low use rooms.

	Window sills shall have a maximum height of 1500mm are required in ground floor living areas located higher than 1 metre above existing ground level and within 6 metres of the property boundary. Note: • The placing of windows shall be based on the detailed site analysis prepared for the development proposal. • The use of windows which are narrow, translucent or obscured for upper floors and bathrooms is recommended. • Further design controls for screening residential flat buildings are contained in section 6 of this Part.	The floor levels of the dwelling is less than 1 metre above the ground level and do not require high sill windows.
	Where a proposed deck overlooks outdoor living areas of adjacent dwellings, suitable screening is to be provided, at a minimum height of 1500mm.	The alfresco area along the western and southern elevation will have no overlooking impacts as the finished floor level is not significantly raised above the natural ground level and a 1.8m boundary fence will provide sufficient privacy to neighbouring properties.
	Landscaping shall be designed to provide screening and filtering for control of privacy and to reduce overlooking of dwellings.	Adequate landscaping is provided throughout the site with garden beds along the side boundaries within the rear yard to provide adequate screening.
	Developments shall utilise the site and building layout to maximise the potential for acoustic privacy by providing adequate building separation within the development and from neighbouring buildings.	Adequate building separation is proposed to maximise acoustic privacy. A 950mm setback from the Western side boundary and a 1.2m eastern side setback are proposed to openings.
	Air conditioners, swimming pool pumps and the like are not to exceed 5dba above background noise levels and should not be audible from habitable rooms of neighbouring dwellings. Note: Air conditioners, swimming pool pumps and the like shall comply with the protection of the environment operations act and noise regulation.	The development consent will include relevant conditions to ensure the air conditioners do not exceed 5dba above background noise levels.
	Balconies shall not extend beyond the required setback.	All balconies proposed are within the required setbacks.
	All balconies and decks higher than 800mm above existing ground level shall incorporate privacy measures to ensure that the privacy of surrounding residents is not unduly reduced, Note: Privacy measure may include (but are not limited to:) • screening in the form of walls, screens or louvres • landscape planting • lattice or similar on top of side and rear fencing	The proposed alfresco area is less than 800mm above the natural ground level.
1.5	Landscaping and open space
No.	Clause	Comment	Yes	No	N/A
	Landscaped area shall be a minimum of 2 metres wide and is to be, where possible, at ground level.	The landscaped area for the proposed development has a minimum width of 2 metres.
	No more than 50% of the provided landscaped area shall be forward of the front building line.	The landscaped area is predominantly in the rear yard of the proposed development.
	Only hard paved areas for the purposes of driveways and pathways will be permitted within the front setback area, and shall be kept to a minimum. Hard paved areas shall not cover the entire front setback area.	The front setback of the proposed dwelling only includes the driveway and a pathway as hard paved areas.
	The % of the total site area to be provided as landscape area for each residential development type shall be as follows: • 20%- Dwelling house, dual occupancy and attached housing development on lots less than 600m2.	Proposal Includes approx. 30.30% (100sqm/330sqm) (Subject to amendment in red to landscape plan submitted to Council and condition of development consent)
	Private Open Space • Only be located at the rear or side of the dwelling • Be at located ground level. Structures such as decks proposed to be included as private open spaces, which are equal to or less than 500mm above ground level dwelling, and complies with all other criteria, may be considered by Council based upon their merits. • Minimise overlooking opportunities and shall not decrease the visual privacy of neighbouring development. • Must be directly accessible from a main living area of the dwelling (i.e. lounge/dining/rumpus room). • Provided for the exclusive use of the occupant(s) of the dwelling house; • Include an area for external clothes drying with good solar access where possible, which is not visible from a public area. • Shall not be steeper than a 1:8 gradient. For steeply sloping sites, Council may consider terrace type stepping, which must have a length to width ratio no greater than 3:1.	The proposed private open space area for the dwelling: - Is located at the rear of the subject site; - Is located at ground level; - Does not impact on the privacy of adjoining properties; - Is directly accessible from the main living room; - Is for the use of the occupants of the dwelling; - Includes an area for clothes drying not visible from the street with adequate solar access; and - Is not steeper than a 1:8 gradient.
	Rear private open space areas are to have external access either through an associated garage or directly from a common area in order to facilitate maintenance of the private open space and storage of garbage bins.	The private open space area for the dwelling can be accessed directly from the western side boundary which can be utilised to maintain the area and for the storage of garbage bins.
	Private open space shall be provided at ground level in a single tract with a minimum dimension of not less than 3.0 metres.	The proposed private open space area for the dwelling is at ground level with a minimum width of 3 metres.
	Principal private open space shall have a minimum dimension of 4 metres, have direct access from a major living area of the dwelling and be clear of all structures, including posts.	The principal private open space for the dwelling has a minimum dimension of 4 metres, is directly accessible from the main living room and is clear of all structures.
	15% of the total site area is to be provided as private open space for dwelling house, dual occupancy and attached housing developments and this shall include a principal area of 25m2.	The proposed private open space is approximately 30.19% (99.64sqm) of the site area including 83m² of principal private open space (PPOS) area for the dwelling.
1.6	Safety and security
No.	Clause	Comment	Yes	No	N/A
	The front door of a development should either be visible from the street or internal roadway, or overlooked by a window, and should be clearly visible from the driveway.	The front door is visible from the street for the dwelling.
	Blank walls along street frontages are prohibited.	No blank walls are proposed along the street frontage.
	Landscaping that may allow would-be intruders to hide shall be avoided.	The landscaping within the front will not allow intruders the opportunity to hide.
1.7	Building and site sustainability
No.	Clause	Comment	Yes	No	N/A
	Residential building designs should incorporate the following design principles for achieving a more sustainable home: • Effective building Orientation- attempt to take advantage of northerly aspects, where possible. • Energy efficient building materials should be used • Design to allow for cross ventilation- through window size, placement and ventilation. • Create sustainable landscaping - deciduous trees on north side of dwelling and the planting of vegetable gardens. • Window Protection- through external shading devices. • Draught proofing and weather sealing- to prevent potential air leaks. • Effective use of natural light- dwellings should be designed so that artificial lighting is not needed during the day.	The subject development is designed to achieve a sustainable home through: - The placement of windows to improve natural lighting; - The window placements to maximise natural ventilation; - Adequate landscaping; and - The rainwater tank to satisfy water sustainability. A BASIX Certificate for the development accompanies the application detailing the compliance with the sustainable building design requirements under the BASIX Scheme.
	The design and location of stormwater drainage structures, such as detention and rainwater tanks, is to be integrated with the landscape design and fencing for the site. Above ground structures should not be visually intrusive.	The proposed above ground rainwater tank is integrated with the landscape design and is not visually intrusive.
	All roofing shall be provided with adequate gutter and downpipes connected to roof water drainage systems.	The proposed development is provided with adequate gutter and downpipes connected to drainage systems.
	Full details of proposed rainwater tanks shall be submitted with a Development Application for approval. Details are to include (as a minimum): • Rainwater tanks shown on all plans, including floor plans and elevations, • the configuration of inlet/outlet pipe and overflow pipe, • the storage capacity, dimensions, structural details and proposed materials, and • the purposes for which the tank is intended to be used, that is for washing machine use, toilet use and outdoor watering use.	The details outlined in this provision have been met and detailed on the plans accompanying the application.
	Rainwater tanks that are to be connected to toilets and washing machines and for outdoor water use are required (minimum 1 per dwelling) and must be located to the side or rear of the dwelling for single dwelling houses.	The proposal includes a 3000L rainwater tank for the dwelling which is situated along the eastern site boundary.
1.8	Sunlight access
No.	Clause	Comment	Yes	No	N/A
	Residential development shall be designed to have as minimal impact as possible on the sunlight access and amenity obtained by existing adjacent properties and their dwellings.	The proposed development has been designed to have minimal impact on the sunlight access and amenity of the adjoining properties.
	Applications for proposed dwellings shall demonstrate design mechanisms provided to ensure sunlight access to the proposed dwellings.	The proposed dwelling ensures sunlight access to the main living area of the dwelling is achieved through the placement of north, east and west facing openings. The private open space of the dwelling has a south facing aspect which will receive adequate solar access.
	New dwellings shall be designed to ensure direct sunlight access for a minimum of 3 hours between 9.00am and 4.00pm at the winter solstice (22 June) is provided to at least one main living area of the proposed dwelling/s.	See part P- Pemulwuy controls below
	The shadow effect from a proposed development on existing adjacent dwellings must be such that a minimum of 3 hours of direct sunlight between 9.00am and 4.00pm at the winter solstice (22 June) is to be provided to at least one main living area of existing dwellings.	See part P- Pemulwuy controls below
	A minimum of 50% of the required private open space areas of the proposed dwellings and any adjacent dwellings shall have access to 3 hours of direct sunlight between 9.00am and 4.00pm at the winter solstice (22 June).	See part P- Pemulwuy controls below
	Where sunlight is achieved through east and west facing windows, shading devices should be provided on those elevations for protection from the summer sun.	Solar access is mainly achieved through the east facing openings on the dwelling by the eaves and window design during the summer sun.
	Proposed development should endeavour not to overshadow any existing solar panels on adjacent properties.	There are no existing solar panels on adjacent properties as adjacent properties are currently vacant.
1.9	Cut and fill
No.	Clause	Comment	Yes	No	N/A
	Development should be designed and constructed to integrate with the natural topography of the site.	The proposed dwelling development is integrated with the natural topography of the site with moderate cut and fill proposed.
	Fill, up to 300mm, is permitted within 900mm of side or rear boundaries.	See part P- Pemulwuy controls below
	Fill, 600mm or greater is to be contained within the building envelope.	See part P- Pemulwuy controls below
	Cut is permitted to a maximum of 1 metre.	See part P- Pemulwuy controls below
	Cut is to be limited to 450mm where it is within 900mm of the rear or side boundaries.	See part P- Pemulwuy controls below
1.10	Demolition
No.	Clause	Comment	Yes	No	N/A
	Approval for the demolition of a dwelling, addition or outbuilding to a dwelling is required from Council.	No demolition is proposed
	If the demolition involves removing asbestos, compliance with Council’s Asbestos Cement Policy for the safe removal and disposal is required.	No demolition is proposed
1.11	Car parking and roads
No.	Clause	Comment	Yes	No	N/A
	Garages are to be a maximum of 6 metres clear width or 50% of the width of the buildings street elevation whichever is the lesser.	The garage width is 3.8 metres which equates to 38% of the width of the building.
	Garages and carports at grade are to be located a minimum of 1000mm behind the front wall of the building or 5.5 metres from the street boundary, whichever is greater.	The proposed garage is setback 5.5 metres from the street boundary
	Where the width of the proposed dwelling house or detached dual occupancy is greater than 12 metres, garages and carports may extend 1.5m from the building façade.	Not Applicable - Width of proposed dwelling is not greater than 12m
	The size of any garage shall be no more than a maximum of 40m2. If the proposed garage is to be greater than 40m2, any area in excess of this will be considered to be floor space.	The garage has an area of 21.34m² and therefore will not be considered as part of the floor space.
	For dwelling houses, dual occupancy and multi dwelling housing, parking in the case of each dwelling shall be separately accessible.	Yes provided
	Vehicular access points are to be minimised and should not break the continuity of the streetscape.	The vehicular access point proposed as part of the application is along Winnima Circuit which will not break the continuity of the streetscape.
	Vehicle crossing/s shall be a minimum width of 3 metres (5 metres for single dwellings and dual occupancies that propose double or adjacent garages) and a maximum width of 5 metres at the boundary line. A width up to 6 metres can be considered for multi-unit complexes. Generally only one vehicular crossing will be permitted per site.	The proposed vehicular crossing for the dwelling has a width of 3.34 metres which is compliant with the requirements of a single garage for a dwelling
	All new driveways should be located at least 1 metre away from the side property boundaries, or 1.5 metres in the case of Residential Flat Buildings.	Refer to Pemulwuy Controls
	The maximum gradient for a driveway should be 20%, or 1:5.	The proposed driveway gradient is less than 20% or 1:5.
1.12	Universal Housing and Accessibility
No.	Clause	Comment	Yes	No	N/A
	Each unit provides for facilities on ground floor for people with a disability.

Part P – Pemulwuy Controls

4.1	Architectural Character
No.	Clause	Comment	Yes	No	N/A
	Design, model and articulate dwellings with a consistent relationship to the street and to each other	The dwelling has been designed suitably for the streetscape
	Ensure a maximum 500mm cut and 500mm fill for allotments unless otherwise stated elsewhere	Proposal is compliant regarding cut and fill
	The garage level is to be no greater than 500mm above or below natural ground level to help reduce driveway gradient	The garage finished floor level is not greater than 500mm above or below the natural ground level
	Ensure dwelling designs allow driveway grades for vehicular access to garages that comply with AS 2890.1	The dwelling design allows for the driveway grade for the vehicular access to the garage to comply with AS 2890.1
4.3	Building to a side boundary
No.	Clause	Comment	Yes	No	N/A
	For allotments with single street access (including corner allotments), only the ground floor wall of a two storey building may be built on the boundary, and for a maximum length of 10m	Proposal includes garage built 50mm from eastern side boundary for a length of 5.96m.
	Generally locate the garage against the side property boundary	Proposal includes garage built 50mm from eastern side boundary
4.4	Building articulation and street address
No.	Clause	Comment	Yes	No	N/A
	Develop the architectural character of buildings with appropriate solar protection elements, expressed door and window openings, and the like	The proposed dwelling includes appropriate soar protection elements
	Design buildings which incorporate articulation to the built form and do not rely on “add on” structures to break up the façade.	The proposed dwelling incorporates architectural features which contribute to overall satisfactory articulation for the proposed dwelling
	Accommodate a range of roof forms in order to provide variety and reduce the bulk and scale of the streetscape.	The dwelling proposes a pitched roof which integrates into the desired roof forms for the area
	Design dwellings to incorporate variety in materials, colours and finishes to external elevations.	A schedule of colours and finishes was submitted as part of the development application and is deemed acceptable.
	A minimum 2m x 2m build free zone in the front setback area is required for a mandatory native tree in the front garden	Proposal includes a 2m x 2m build free zone with a native tree within the front setback
	Articulation elements are required in the design of your home. These elements may protrude 1.5m into the 3m setback, without encroaching on the 2 x 2 metre garden bed.	Articulation elements in the form of a front porch and front first floor balcony have been incorporated in the design of the proposed development.
	Where roofs are proposed to first floor balconies at the street elevation they must be set back a minimum 3m from the front boundary.	The roof for the proposed first floor front balcony is setback over 3m from the front boundary.
	Ensure garages and carports must not dominate the street frontage. Garages are to be a recessive element and shall be located a minimum distance of 1 m behind the front wall of the dwelling (excluding any projecting elements).	The proposed single garage does not dominate the street frontage and is setback over 1m from the front wall of the dwelling.
	Provide a path leading from the street to the front door that is physically separated from the driveway	Proposal includes a separate pedestrian path from the street to entry.
	Ensure access between a dwelling and street frontage is unobscured and direct.	Access between the proposed dwelling and the street frontage is unobscured and direct from a separate pedestrian path.
4.5	Setbacks
No.	Clause	Comment	Yes	No	N/A
	Front of Building – 3m	A front setback of 4.43m is proposed
	Front garage – 5.5m	The garage is setback 5.5m
	Rear setback 1 Storey: 6m 2 storey:8m	Yes, however subject site is subject to a Building Envelope Plan which includes the following rear setbacks: Ground floor rear setback permissible: 8m Ground floor rear setback proposed: 7.79m First floor rear setback permissible: 12m First floor rear setback proposed: 11.511m	(Subject to deferred commencement condition)
	Side setback – 0.9m	Subject lot is subject to a Building Envelope Plan which includes the following side setbacks: Eastern side setback permissible: 0mm Eastern side setback proposed: 50mm minimum Western side setback permissible: 900mm Western side setback proposed: 950mm		However complies with BEP
4.6	Solar access and sun shading
No.	Clause	Comment	Yes	No	N/A
	Windows of north facing/orientated habitable rooms of dwellings are to receive a minimum of 4 hours of direct sunlight between 8.00am and 4.00pm on 22 June	Proposal is satisfactory as north elevation faces streetscape
	New development must not result in windows to north facing living areas of neighbouring dwellings receiving less than 4 hours direct sunlight between 8.00 am and 4.00 pm 22 June	All adjacent lots are vacant or are under construction. The proposal will not compromise development on adjacent lots
	Private open space is to achieve at least 3 hours of direct sunlight between 9am and 3pm in on 22 June for 50% of the required private open space	Yes, Complies
4.7	External Private Open Space
No.	Clause	Comment	Yes	No	N/A
	Dwellings are required to provide a private open space area equivalent to 20% for Pemulwuy South	The proposed private open space is approximately 30.19% (99.64sqm) of the site area including 83m² of principal private open space (PPOS) area for the dwelling.
	A minimum of 20% for Pemulwuy South of the total site area shall remain as a pervious (soft) surface	Proposal Includes approx. 30.30% (100sqm/330sqm) (Subject to amendment in red to landscape plan submitted to Council and condition of development consent)
	No more than 45% of the front setback area shall be paved or sealed (inclusive of driveway)	Approx. 42% of the front setback is sealed
	Provide a minimum 500mm setback (in the form of a landscape strip/garden bed) between the driveway and side boundary. It is required that this area be planted with suitable native plant species	No - Subject to amendment in red to landscape plan submitted to Council and condition within development consent	(Subject to condition in development consent)
	The driveway and pedestrian access path shall be separated by a landscape strip/garden bed.	Yes proposed pedestrian path is separated from driveway by landscaping
4.11	Roof Design
No.	Clause	Comment	Yes	No	N/A
	Prefer that traditional roof forms, such as hipped and gable roofs, have a minimum pitch of 25 degrees (Pemulwuy South)	Proposed roof includes a pitch of 25 degrees
6.	Sub precinct Controls – Pemulwuy South
6.1	Height Limits
No.	Clause	Comment	Yes	No	N/A
	Height limits (expressed as storeys) are stipulated on Figure 55 and should be read in conjunction with the Height of Building map associated with Holroyd Local Environmental Plan 2013.	Proposed dwelling is within the maximum height limit for the subject site being, 7.9m and is 2 storeys in height
	Prospect Hill Development Area
	Maximum building height is not to exceed the RLs stipulated in Figure 55.	Proposed dwelling does not exceed the RLs stipulated in Figure 55
	Three storey development is permissible in this zone, where achievable.	Proposed dwelling is two storey in height
	The maximum external wall height is to be 10 metres	The external wall height of the proposed dwelling is a maximum of 5.65m

Other Variation Matters

88B Instrument for Winnima Circuit, Pemulwuy

Particular lots within Winnima Circuit, Pemulwuy are bounded by a restriction within the 88B Instrument for the subject area. Lot 127 of DP1223098 known as 21 Winnima Circuit, Pemulwuy, is affected by Item 16 which is a positive covenant as follows:

‘The registered proprietor of the lot burden must design and construct a dwelling in accordance with the Adaptable House Class B guidelines and standards.” Cumberland Council is listed as the only authority and/or person to release, vary or modify restriction, positive covenant or easement numbered 16 in the plan’.

As part of the development application, justification to vary the Positive Covenant was submitted to Council as follows:

Positive Covenant

The subject lot is burdened by Positive Covenant numbered 16 in DP 1223098 which requires the following:

“The registered proprietor of the lot burdened must design and construct a dwelling in accordance with the Adaptable House Class B guidelines and standards”.

The Authority empowered to release, vary or modify the subject Covenant as outlined in the applicable Section 88b instrument is Cumberland Council.

This Covenant applies to certain lots within the Pemulwuy estate as a result of the Developers responding to the applicable planning controls at the time. Since the approval of the Development Application for subdivision, the controls which required the provision of Adaptable Housing for dwelling-houses have been amended and superseded by the current version of the Holroyd DCP 2013.

Part 4.16 – ‘Adaptable and Affordable Housing’ of HDCP 2013 only requires Adaptable Housing for multi-unit housing, shop-top housing, mansion homes and aged housing. There are no requirements of dwelling-houses to be Adaptable Housing in the current provisions of Holroyd LEP 2013 or Holroyd DCP 2013.

Clause 1.9A – ‘Suspension of covenants, agreements and instruments’, of Holroyd Local Environmental Plan 2013, provides the following:

(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

Notwithstanding that Subclause (2) excludes a covenant imposed by the Council, dispensation from the requirements of the subject Covenant is requested from Council on the basis is it unreasonable an unnecessary to enforce the terms of a Covenant which is no longer required by the current applicable development controls.

Further to the justification submitted by the applicant, DA-2010/382 approved the subdivision of Lot 11 into 45 lots. The proposed dwelling is part of this approved subdivision. Condition 162 of DA-2010/382 for Lot 1 North, states the following: -

162 - As per the Disability Access Plan endorsed as part of Development Consent 2007/63 (as amended) a minimum of 20 dwellings shall be Adaptable House Class B. In this regard, this requirement shall be registered on the 88B Instrument dedicating a minimum 20 dwellings as Adaptable House Class B.

The Disability Access Plan (DAP) for Lot 1 north was based on an assumption that the remainder of the site would be developed with AXIS type small lot housing as per the original subdivision DA-2007/62&63. As such Lots 12 & 13 were excluded from the requirement for adaptable housing due to the steep gradients in this area. Lots 12 & 13 are now proposed to be developed for 300 x Residential Flat Building units (DA 2016/381). This has been approved with a condition requiring 20% of 300 units = 60 dwelling units to be provided as adaptable housing. This far exceeds the proposed 20 dwellings required to be adaptable as per DA-2010/382.

In this regard, there would be no objections on planning grounds to removing the requirement for 20 dwellings in DA-2010/382 to be adaptable given this will be offset with the development of Lots 12 & 13 with an anticipated increase in provision of adaptable housing by 40 dwelling units within Lots 11, 12 & 13 in Lot 1 North Pemulwuy.

4.15(1)(a)(iiia) - any planning agreement that has been entered into under part 7.4, or any draft planning agreement that a developer has offered to enter into under part 7.4, and

There is no draft planning agreement associated with the subject Development Application.

The provisions of the Regulations (EP&A Act s4.15 (1)(a)(iv))

The proposed development raises no concerns as to the relevant matters arising from the Environmental Planning and Assessment Regulations 2000 (EP&A Reg).

The Likely Environmental, Social or Economic Impacts (EP&A Act s4.15 (1)(b))

It is considered that the proposed development will have no significant adverse environmental, social or economic impacts in the locality.

The suitability of the site for the development (EP&A Act s4.15 (1)(c))

Submissions made in accordance with the Act or Regulation (EP&A Act s4.15 (1)(d))

Advertised (newspaper) Mail Sign Not Required

In accordance with Council’s Notification requirements contained within the Holroyd Development Control Plan 2013, the proposal was publicly notified for a period of 14 days between 27 November 2018 to 11 December 2018. No submissions were received in respect of the proposed development.

The public interest (EP&A Act s4.15(1)(e))

In view of the foregoing analysis it is considered that the development, if carried out subject to the conditions set out in the recommendation below, will have no significant adverse impacts on the public interest.

Section 7.11 (Formerly S94) Contribution Towards Provision or Improvement of Amenities or Services

This part of the Act relates to the collection of monetary contributions from applicants for use in developing key local infrastructure. The Act reads as follows:

(1) If a consent authority is satisfied that development for which development consent is sought will or is likely to require the provision of or increase the demand for public amenities and public services within the area, the consent authority may grant the development consent subject to a condition requiring:

a) the dedication of land free of cost, or

b) the payment of a monetary contribution, or both.

(2) A condition referred to in subsection (1) may be imposed only to require a reasonable dedication or contribution for the provision, extension or augmentation of the public amenities and public services concerned.’

Comments: The development would require the payment of contributions in accordance with Council’s Section 94 Contributions Plans. It is recommended that conditions be imposed on any consent requiring the payment of these contributions prior to the issue of any construction certificate for the development.

The calculation is based on:

· $4,530 for open space;

· $4,443 for Community Facilities;

· $713.00 for roads and traffic; and

· $164.00 for administration

As at 13 December 2018 the fee payable is $9,850. This figure is subject to indexation as per the relevant plan. This figure is subject to indexation as per the relevant plan.

Disclosure of Political Donations and Gifts

The NSW Government introduced The Local Government and Planning Legislation Amendment (Political Donations) Act 2008 (NSW). This disclosure requirement is for all members of the public relating to political donations and gifts. The law introduces disclosure requirements for individuals or entities with a relevant financial interest as part of the lodgement of various types of development proposals and requests to initiate environmental planning instruments or development control plans.

The applicant and notification process did not result in any disclosure of Political Donations and Gifts.

Conclusion:

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, Holroyd Local Environmental Plan 2013 and Holroyd Development Control Plan 2013 and is considered to be satisfactory for deferred commencement approval subject to conditions

The proposed development is appropriately located within the R3 – Medium Density Residential zone under the relevant provisions of the Holroyd Local Environmental Plan 2013. The proposal is consistent with all statutory and non-statutory controls applying to the development. Minor non-compliances with Council’s controls have been discussed in the body of this report. The development is considered to perform adequately in terms of its relationship to its surrounding built and natural environment, particularly having regard to impacts on adjoining properties.

For these reasons, it is considered that the proposal is satisfactory having regard to the matters of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, and the development may be approved subject to conditions

Consultation:

There are no further consultation processes for Council associated with this report.

Financial Implications:

There are no further financial implications for Council associated with this report.

Policy Implications:

There are no policy implications for Council associated with this report.

Communication / Publications:

The final outcome of this matter will be notified in the newspaper. The objectors will also be notified in writing of the outcome.

Report Recommendation:

That Development Application No. 2018/441/1 for the construction of a two storey dwelling house on land at 21 Winnima Circuit, Pemulwuy be approved subject to deferred commencement subject to attached conditions.

Attachments

1. Draft Notice of Determination ⇩

2. Survey Plans ⇩

3. Architectural Plans ⇩

Extraordinary Cumberland Local Planning Panel Meeting

30 January 2019

Item No: ELPP002/19

Development Application at 147-151 Parramatta Road, Auburn

Responsible Division: Environment & Planning

Officer: Manager Development Assessment

File Number: DA-511/2017

Application lodged		5 December 2017
Applicant		RDO Architect
Owner		George Sukkar, Youssef Sukkar, Samia Sukkar
Application No.		DA-511/2017
Description of Land		Lot 5 in DP 667932, and Lot 6 in DP 1056368. Also known as 147-151 Parramatta Road Auburn
Proposed Development		Construction of an 8 storey hotel building comprising 112 rooms over 3 levels of basement car park with 2 x business identification signs
Site Area		1329.7 m²
Zoning		Zone B6 - Enterprise Corridor
Principal development standards	Height of Buildings – 27 m Floor Space Ratio – 3:1
Disclosure of political donations and gifts		Nil disclosure
Heritage		Adjacent to local heritage item
Issues		· Car parking numbers · Setbacks

Summary:

1. The subject application was lodged on 5 December 2017 and notified to surrounding properties from 9 January to 23 January 2018. The application was also advertised in the local paper and a sign was placed on the site. One submission was received as a result of the notification.

2. Additional information and amended plans were requested from the applicant throughout March and April 2018 regarding traffic and parking, tree management, stormwater management, heritage impacts and loading dock design.

3. Additional information to address these items was received from the applicant on 8 August 2018.

4. Following a comprehensive planning assessment, the application was deferred on 13 November 2018 due to non-compliances with the height and FSR standards, and inadequacy of the landscape design.

5. These issues were addressed with amended plans submitted 15 November 2018.

6. Further design refinements were negotiated with the applicant throughout December 2018 and January 2019.

7. The application involves the following numerical non-compliances which are considered supportable as discussed in detail elsewhere in the report.

Control	Required	Proposed	% Variation
Number of storeys	Maximum 6	8	33%
Parking	115	92	20%
Front setback	4.5 m	4 m	11%

8. The application is recommended for approval subject to conditions.

Report:

Site and Locality

The site comprises lot 5 in DP 667932 and lot 6 in DP 1056368 and is roughly square in shape. The site is bounded by Parramatta Road to the south, Melton Street to the east and Auburn North Public School to the north and west. The site has frontage of 37.39 m to Melton Street and 36.825 m to Parramatta Road. The total site area is 1329.7 m2.

Lot 5 (149-151 Parramatta Road) is currently vacant except for a small fibro shed in the north-east corner. Lot 6 (147 Parramatta Road) contains a rendered brick building and fibro shed. There is no significant vegetation on the site. However, there are a number of established trees within the school grounds in close proximity to the boundaries of the subject site.

All surrounding sites are zoned B6 – Enterprise Corridor and the surrounding developments are mainly older-style commercial buildings. There are also some detached dwelling houses at the northern end of Melton Street.

Aerial view of the locality with subject site shown edged red

Zoning map of the locality

Description of Proposed Development

Development application 511/2017 proposes construction of an 8 storey hotel building comprising 112 rooms over 3 levels of basement car parking.

Separate consent will need to be obtained for demolition of the existing structures.

The key features of the development are listed in the following table:

Level	Details
B6	16 car parking spaces
B5	18 car parking spaces
B4	16 car parking spaces
B3	18 car parking spaces
B2	12 car parking spaces including 5 accessible spaces, booster services room
B1	12 car parking spaces, 11 bicycle spaces, booster & pump room
Ground	Waste room, electrical MDF, loading dock, lobby and reception, business identification signage, gym, bag room
Level 1	Terrace, breakfast room, swimming pool, pool & pump filters and kitchen
Levels 2-6	21 rooms (including 2 x dual key rooms on each level)
Level 7	Manager’s accommodation and deck, mechanical plant and fan room, plant room and 7 rooms

Other features

The dual key apartments have kitchenette facilities. All other rooms do not have kitchen facilities.

There is lift and stair access to every level.

Two new vehicular crossovers are proposed from the Melton Street frontage to allow entry and exit of all vehicles in a forward direction.

A kiosk substation and hydrant booster are proposed within the Melton Street frontage.

Application History

Date	Action
5 December 2017	Application lodged with Council
14 December 2017	Application referred to EHU, Heritage, Engineering and Landscape Architect for comment
9 January – 23 January 2018	Application notified to surrounding properties
23 February 2018	Application referred to RMS and Ausgrid for comment
3 March 2018	Application deferred due to parking non-compliance
5 March 2018	Additional information received from the applicant to justify the parking non-compliance
17 March 2018	Additional information requested regarding heritage impacts and setback to Parramatta Road
4 May 2018	Amended plans and additional information received by Council
23 July 2018	Application deferred due to traffic and engineering issues
8 August 2018	Amended plans addressing traffic issues received by Council
13 November 2018	Application deferred due to non-compliance with the applicable height and FSR standards
15 November 2018	Amended plans received by Council
2 January 2019	Application deferred
9 January 2019	Amended plans/additional information received
30 January 2019	Application referred to CLPP for determination

Applicant’s Supporting Statement

A Statement of Environmental Effects prepared by Burrell Threlfo Pagan Pty Ltd dated November 2017 was submitted with the application.

Contact with Relevant Parties

The assessing officer has undertaken an inspection of the subject site and has been in contact with the applicant throughout the assessment process.

Internal Referrals

The development application was referred to the following internal departments for review:-

Environmental Health

The application was referred to Council’s Environmental Health Unit for comment. In a response dated 21 December 2017 the Environmental Health Officer advised that the proposal is satisfactory subject to conditions having regard to

· The level of investigation carried out regarding potential site contamination,

· The impact of road noise on the proposed development, and

· The potential for fit out of the food preparation areas to meet the relevant Australian Standards.

Heritage

The application was referred to Council’s Heritage Consultant for comment. There were some concerns regarding the original proposal. However, following submission of amended plans, the Heritage Consultant provided comment that the proposal is satisfactory. No conditions were recommended.

Drainage and Development Engineer

The application was referred to Council’s Development Engineering section for comment. Council’s Senior Development Assessment Engineer advised that the amended proposal is satisfactory subject to conditions.

Landscape Architect

The application was referred to Council’s Landscape Architect for comment. Response received 2 March 2018 states that the proposal does not satisfy the objectives for the Green Edge setback for Parramatta Road in the Parramatta Road Corridor Urban Transformation Planning and Design Guidelines Implementation Toolkit 2016 (the Guideline). That is, for the Auburn section of the corridor a 6 m setback to Parramatta Road is required.

The Guideline does not have any statutory effect at this point and is not a matter that is required to be considered in the assessment. However, it will inform Council’s development standards and controls when the new LEP and DCP are prepared.

In this case the reduced setback can be supported as the landscaping provided will significantly improve the streetscape appearance and pedestrian amenity in the immediate vicinity of the site, as compared to the existing situation. The subject site is also uniquely located at the corner of a large block that is otherwise occupied entirely by Auburn North Public School. As such, the setback proposed will not disrupt the streetscape and will not provide any precedent value for future developments in the locality.

External Referrals

Roads and Maritime Services

The proposal constitutes ‘traffic generating development’ pursuant to clause 104 of the SEPP Infrastructure as there is vehicular access within 90 m of a connection to a classified road and parking for more than 50 vehicles is provided.

RMS provided a response dated 27 March 2018 advising that they would grant concurrence subject to consent conditions as detailed in their response.

Ausgrid

The proposal includes excavation within 5 m of overhead power lines and as such, referral to the electrical distributor is required pursuant to clause 45 of the SEPP Infrastructure.

The application was referred to Ausgrid on 23 February 2018 and at the time of writing, no response has been received. The consent authority is not required to consider any comment received more than 21 days after sending the referral.

The provisions of any Environmental Planning Instruments (EP&A Act s4.15 (1)(a)(i))

The proposed development is affected by the following State Environmental Planning Policies.

(a) State Environmental Planning Policy No. 55 - Remediation of Land

The requirement at clause 7 of SEPP No. 55 for Council to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development has been considered in the following table:

Matter for consideration	Yes	No
Does the application involve r e-development of the site or a change of land use?
Is the development going to be used for a sensitive land use (e.g. residential, educational, recreational, childcare or hospital)?
Does information available to you indicate that an activity listed below has ever been approved, or occurred at the site? acid/alkali plant and formulation, agricultural/horticultural activities, airports, asbestos production and disposal, chemicals manufacture and formulation, defence works, drum re-conditioning works, dry cleaning establishments, electrical manufacturing (transformers), electroplating and heat treatment premises, engine works, explosive industry, gas works, iron and steel works, landfill sites, metal treatment, mining and extractive industries, oil production and storage, paint formulation and manufacture, pesticide manufacture and formulation, power stations, railway yards, scrap yards, service stations, sheep and cattle dips, smelting and refining, tanning and associated trades, waste storage and treatment, wood preservation
Is the site listed on Council's Contaminated land database?
Is the site subject to EPA clean-up order or other EPA restrictions?
Has the site been the subject of known pollution incidents or illegal dumping?
Does the site adjoin any contaminated land/previously contaminated land?
Has the appropriate level of investigation been carried out in respect of contamination matters for Council to be satisfied that the site is suitable to accommodate the proposed development or can be made suitable to accommodate the proposed development?
Details of contamination investigations carried out at the site: A Phase 1 Preliminary Site Investigation Report prepared by LG Consult was submitted with the application. The report concludes that there are no evident sources of mobile contamination and that the site is suitable for a child care facility. As a child care facility is a more sensitive land use than the proposed hotel, the site is considered suitable in its current state for the proposed use and no further investigation is necessary in the circumstances.

(b) State Environmental Planning Policy No 64 – Advertising and Signage

The proposal includes two business identification signs. One located on top of the fire hydrant booster facing Melton Street, and a free standing pylon sign within the Parramatta Road setback. Pursuant to clause 8 of SEPP 64, a consent authority must not grant consent to an application to display signage unless the consent authority is satisfied:

a) that the signage is consistent with the objectives of the SEPP; and

b) that the signage satisfies the assessment criteria specified in schedule 1.

Comment

The objectives of the SEPP are as follows:

(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual character of an area, and

(ii) provides effective communication in suitable locations, and

(iii) is of high quality design and finish, and

(b) to regulate signage (but not content) under Part 4 of the Act, and

(c) to provide time-limited consents for the display of certain advertisements, and

(d) to regulate the display of advertisements in transport corridors, and

(e) to ensure that public benefits may be derived from advertising in and adjacent to transport corridors.

The proposed signage is compatible with the desired amenity and visual character of the area and provides an effective means of communicating the nature of the business to be carried out within the proposed building.

The design of the proposed signage is considered to be of a high quality and is complementary to the design of the building.

A compliance table addressing the schedule 1 assessment criteria is provided at attachment 1.

(c) State Environmental Planning Policy (Infrastructure) 2007

The proposed development is affected by the State Environmental Planning Policy at the following clauses:-

Clause 101 - Development with frontage to classified road

(2) The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

Comment:

Vehicular access to the development is provided from Melton Street and not from Parramatta Road.

As detailed above, NSW Roads and Maritime Services have reviewed the development application and advised that the proposal is satisfactory subject to conditions.

The development has been designed to include measures to minimise the effects of traffic noise from Parramatta Road on the development.

Clause 102 - Impact of road noise or vibration on non-road development

(1) This clause applies to development for any of the following purposes that is on land in or adjacent to the road corridor for a freeway, a tollway or a transitway or any other road with an annual average daily traffic volume of more than 20,000 vehicles (based on the traffic volume data published on the website of the RTA) and that the consent authority considers is likely to be adversely affected by road noise or vibration:

(a) a building for residential use,

(b) a place of public worship,

(c) a hospital,

(d) an educational establishment or child care centre.

(2) Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines that are issued by the Director-General for the purposes of this clause and published in the Gazette.

(3) If the development is for the purposes of a building for residential use, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

(a) in any bedroom in the building-35 dB(A) at any time between 10 pm and 7 am,

(b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)-40 dB(A) at any time.

Comment:

Parramatta Road is a road that carries more than 20,000 vehicles per day. However, clause 102 does not apply as the development is not for a residential use, place of public worship, hospital, educational establishment or child care centre.

Nevertheless, an acoustic report prepared by PKA Acoustic Consulting dated 26 November 2017 was submitted with the application. The report makes a number of recommendations with regard to the type of glazing and doors to be provided to comply with relevant noise requirements. The acoustic report was reviewed by Council’s Environmental Health Officer and was found to be satisfactory. The report from PKA Acoustic Consulting is to be endorsed as part of the consent.

(d) Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The site is located within the area within the Sydney Harbour Catchment and SREP (Sydney Harbour Catchment) 2005 is applicable to the development application. The development application raises no issues as to consistency with the requirements and objectives of the planning instrument and associated development control plan.

(e) State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

The proposal does not include the removal of any vegetation and as such, the SEPP (Vegetation) does not apply.

(f) State Environmental Planning Policy (Coastal Management) 2018

The subject site is not identified as a coastal wetland nor is it ‘land identified as “proximity area for coastal wetlands”’ as per Part 2, Division 1 of the SEPP Coastal Management 2018.

(g) Auburn Local Environmental Plan (ALEP) 2010

The proposal complies with the applicable development standards under ALEP 2010. A comprehensive compliance table is provided at attachment 2.

The provisions of any proposed instrument that is or has been the subject of public consultation (EP&A Act s4.15 (1)(a)(ii))

(a) Draft State Environmental Planning Policy (Environment)

There are no draft SEPPs applicable to the proposed development.

The provisions of any Development Control Plans (EP&A Act s4.15 (1)(a)(iii))

(a) Auburn Development Control Plan 2010

The applicable sections of the ADCP 2010 are discussed below.

Industrial Areas

Non-compliances with the provisions of the industrial areas section of the DCP are discussed below. A comprehensive DCP compliance table is provided at attachment 3.

*Requirement*	*Yes*	No	*N/A*	*Comments*
D3 Number of storeys - B6 Enterprise Corridor Development for hotel and motel accommodation and office premises on land zoned B6 Enterprise Corridor on Parramatta Road shall be a maximum of six (6) storeys.				The proposal is for hotel accommodation on B6 zoned land. The proposal has an eight storey presentation to both streets which is more than the permitted maximum of 6 storeys. This is considered satisfactory despite the non-compliance as the proposal complies with the 27 m height standard for office and hotel accommodation within the Parramatta Road Precinct.
3.0 Streetscape and Urban Character
3.2 Front setbacks
Development controls D1 New buildings within industrial areas shall have a minimum front setback of: · 4.5m from other roads, and · 0m from laneways.				The proposal has a setback of 4 m to Parramatta Road (primary street). This is less than the required minimum but considered satisfactory subject to conditions to provide additional planting within the setback.
7.0 Energy Efficiency and Water Conservation
*7.1* *General requirements*
Development controls D1 Buildings shall be oriented towards the north so that they make best use of solar access to lower heating and cooling costs. D2 Building design shall minimise reliance on existing energy supplies through the use of renewable energy sources including incorporation of photovoltaic cells, wind turbines, battery storage and solar hot water wherever practicable. D3 Roofs and walls shall be well insulated in office components of buildings to reduce winter heat loss and summer heat gain. D4 Low energy lighting shall be used. D5 Energy efficient appliances, fittings and fixtures shall be used. D6 Any hot water heaters to be installed, as far as practicable, shall be solar, and to the extent where this is not practicable, shall be greenhouse gas friendly systems that achieve a minimum 3.5 Hot Water Greenhouse Score.				The building is not oriented towards the north. However, that is not considered practical given the dimensions and location of the site. The design maximises daylight to the habitable rooms and provides shading to east and west facing windows. No renewable energy sources proposed and no details provided regarding energy efficient appliances or fittings. *The proposal will need to comply with Section J of the National Construction Code. This will be addressed by the Certifying Authority at construction certificate stage.*

Advertising and Signage

The proposed development includes one free standing sign adjacent to the southern boundary, and another business identification sign facing Melton Street. The height of the free-standing sign has been amended to 9 m which is considered satisfactory in terms of its relationship to the site and building, and impact on the streetscape.

The proposed signage complies with the relevant DCP requirements. See additional comment above regarding compliance with the requirements of SEPP 64.

Parking and Loading

Non-compliances with the parking and loading provisions are discussed below. A comprehensive compliance table is provided at attachment 3.

Requirement

Yes

N/A

Comment

2.0 Off-Street Parking Requirements

Development controls

D1 All new development shall provide off-street parking in accordance with the parking requirement tables of the respective developments in this Part.

The proposal does not comply with the minimum parking requirement as detailed below. The number of parking spaces provided is considered sufficient for the proposed use, subject to conditions for the facilities on site to be restricted to use by hotel patrons and staff.

5.1.4 Number of car parking spaces

Development controls

D1 Car parking for commercial development shall comply with the requirements in Table 6:

Table 6 - Summary of parking requirements

Land use

Parking requirements

Hotel or motel accommodation

1 space for each unit

+ 1 space per 2 employees

if a restaurant is included, then add the greater of 15 spaces per 100m² GFA of the restaurant/function room, or 1 space per 3 seats

1 space per room = 112 spaces

1 space per 2 employees = 3 spaces

Total number of spaces required = 115

The restaurant at level 1 is for the use of hotel patrons only and will not be open to the general public. As such, no additional parking spaces are required for this component of the development. This is reinforced by a condition in the draft consent.

92 basement parking spaces are proposed, and an additional 3 drop off spaces are provided adjacent to the lobby. This results in a deficiency of 20 spaces.

The proposal relies on a reduced parking rate of 1.5 spaces per dual key room, which has been applied to other hotel developments in the area. When this reduced rate is applied, the total number of parking spaces required is 110.

This is considered satisfactory as the DCP parking rate assumes 100% occupancy of the hotel rooms, where surveys of other hotel developments indicate that the practical peak occupancy rate is closer to 90%. The applicant’s traffic impact report indicates that this is sufficient as hotels are subject to high levels of management and can therefore control parking demand to match availability.

The application was reviewed by Council’s Engineer who advised that the proposal is satisfactory subject to conditions.

A condition is included in the draft determination to require the preparation, submission and implementation of a plan of management to ensure that the use of the hotel does not impact on offsite parking availability.

Access and Mobility

A BCA compliance report prepared by Newland Wood was submitted with the application. The report indicates that the proposal complies with all applicable requirements of Part D3 – Access for People with a Disability.

Standard conditions are to be imposed requiring the building to comply with the access to premises standard.

Stormwater Drainage

The relevant requirements and objectives of the development control plan for Stormwater Drainage have been considered in the assessment of the development application.

The proposed stormwater layout was reviewed by Council’s Development Engineer and is considered satisfactory subject to conditions.

Waste

The development application plans show a storage room for 4 x 1100 L waste bins. There is room on site to manoeuvre a garbage truck into the loading dock adjacent to the waste room and exit the site in a forward direction.

The provisions of any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4 (EP&A Act s4.15(1)(a)(iiia))

There is no planning agreement or draft planning agreement associated with the subject Development Application.

The provisions of the Regulations (EP&A Act s4.15 (1)(a)(iv))

The Regulations do not prescribe any relevant matters for consideration.

The likely environmental, social or economic impacts (EP&A Act s4.15 (1)(b))

It is considered that the proposed development will have no significant adverse environmental, social or economic impacts in the locality.

The suitability of the site for the development (EP&A Act s4.15 (1)(c))

The subject site and locality is not known to be affected by any natural hazards or other site constraints likely to have a significant adverse impact on the proposed development. Accordingly, the site can be said to be suitable to accommodate the proposal. The proposed development has been assessed in regard it its environmental consequences and it is considered that the site is suitable for the development as proposed.

Submissions made in accordance with the Act or Regulation (EP&A Act s4.15 (1)(d))

Advertised (newspaper) Mail Sign Not Required

In accordance with Council’s Notification of Development Proposals Development Control Plan, the proposal was publicly notified and advertised for a period of fourteen (14) days from 9 to 23 January 2018. One submission was received as a result of the notification. The issues raised in the submission are as follows:

Concern

Comment

Privacy of children attending Auburn North Public School.

There are no controls or standards in any of the relevant planning policies regarding privacy that would require particular setbacks or design features to address the school.

The proposed hotel does not raise any safety or privacy concerns for the children attending Auburn North Public School.

The proposal does not provide for any form of direct access from the hotel to the school.

The design provides for a solid wall adjacent to the terrace and pool area at level 1. This wall has a height of 1.6 m above the finished floor level and as such will not allow for direct views to the school from persons standing or sitting in the terrace area. From level 2 and above, the façade design provides for horizontal louvres which will prevent any overlooking into the school.

Pedestrian safety

How will the students walk across the hotel entry/exit and subsequently enter the school grounds?

There will be more cars turning in from Parramatta Road into and out of Melton Street South to access the hotel. How will the students cross this section of the road to access the school?

Perhaps crossing lights or a crossing supervisor will be needed at the intersection of Melton Street Sough and Parramatta Road?

Students can safely cross Parramatta Road at the Macquarie Road intersection which includes a pedestrian overpass that was specifically constructed to provide for the students of Auburn North Public School.

There is another signalised intersection at the corner of station road that can also be utilised by school students and other pedestrians.

The school crossing supervisor program is administered by NSW Roads and Maritime Services (RMS). RMS will assess any application from a school principal for a new school crossing supervisor against the following criteria:

· “The site must have an existing children's crossing, pedestrian crossing (zebra) or combined crossing (children's and zebra).

· The crossing must be used by infant and/or primary school children.

· The site must be located within a 40km/h school zone.

· The crossing must be used by a minimum of 50 unaccompanied infant and/or primary school children per hour across a road carrying 300 passenger car units per hour within the morning and afternoon school zone times. Heavy vehicles over three tonnes unladen are counted as two passenger car units.

· The site must be considered a safe working environment for a school crossing supervisor.”

There is no existing zebra or children’s crossing at the intersection of Parramatta Road and Melton Street. As such it would not meet the RMS criteria for a school crossing supervisor.

The public interest (EP&A Act s4.15(1)(e))

The public interest is served by permitting the orderly and economic development of land, in a manner that is sensitive to the surrounding environment and has regard to the reasonable amenity expectations of surrounding land users. In view of the foregoing analysis it is considered that the development, if carried out subject to the recommended conditions, will not be contrary to the public interest.

Section 7.11 (Formerly S94) Contribution Towards Provision or Improvement of Amenities or Services

A Section 94 Contribution is payable for such a development in accordance with Auburn Development Contributions Plan 2007. A condition is included in the draft determination to require payment of these contributions prior to the issue of any construction certificate.

The amount payable at the currently indexed rate is calculated at $ 122,028.99

The calculation is based on an employment generating development with capital investment value of $12,202,900.

Disclosure Of Political Donations And Gifts

The application and notification process did not result in any disclosure of Political Donations or Gifts.

Conclusion:

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, Auburn Local Environmental Plan 2010, and Auburn Development Control Plan 2010.

The proposed development is appropriately located within the B6 Enterprise Corridor zone and provides an appropriate design response to the constraints of the site. The proposed development will not have any unreasonable impacts on surrounding properties.

Accordingly, it is recommended that the application be approved subject to conditions.

Consultation:

There are no further consultation processes for Council associated with this report.

Financial Implications:

There are no further financial implications for Council associated with this report.

Policy Implications:

There are no policy implications for Council associated with this report.

Communication / Publications:

The final outcome of this matter will be notified in the newspaper. The objectors will also be notified in writing of the outcome.

Report Recommendation:

1. That development application DA-511/2017 for the construction of an 8 storey hotel building comprising 112 rooms over 3 levels of basement car park be approved, subject to set out in the draft determination.

2. That the person who made a submission be notified of the determination.

Attachments

1. SEPP 64 Compliance Table ⇩

2. ALEP 2010 Compliance Table ⇩

3. ADCP 2010 Compliance Table ⇩

4. Draft Determination ⇩

5. Architectural Plans ⇩

6. Public Submission ⇩