Cumberland Local Planning Panel Meeting

 13 November 2019

 LATE REPORTS

Cumberland Local Planning Panel Meeting – 13 November 2019

Report No.  Name of Report                                                               Page No.

Development Applications

LPP077/19.. Section 4.55(1A) modification application - 9 Wainwright Street, Guildford.................................................................................. 3

 

  


Cumberland Local Planning Panel Meeting

13 November 2019

 

 

Item No: LPP077/19

Section 4.55(1A) modification application - 9 Wainwright Street, Guildford

Responsible Division:                  Environment & Planning

Officer:                                      Executive Manager Development and Building

File Number:                              DA 2018/396/2  

 

 

Application lodged

21 October 2019

Applicant

Eddy Sarkis

Owner

Mr E A & Mrs R H Sarkis

Application No.

DA-2018/396/2

Description of Land

9 Wainwright Street, Guildford (Lot 31, DP 30971)

Proposed Development

Section 4.55(1A) application to amend stormwater drainage requirements

Site Area

560.4m2

Zoning

R2 Low Density Residential Zone

Disclosure of political donations and gifts

Nil disclosure

Heritage

No

Issues

Nil 

Summary:

1.     Development Application No. DA-2018/396/1 was approved by the Cumberland Local Planning Panel on 28 November 2018 for the “demolition of existing structures; construction of an attached 2 storey dual occupancy with Torrens title subdivision into 2 lots”.

i)             

2.     Modification Application No. DA-2018/396/2 was received by the Council on 21 October 2019 for amendments to the approved stormwater drainage.

ii)            

3.     There are no significant non-compliances with the proposed development having considered the provisions of the Holroyd Local Environmental Plan 2013 (LEP) and Holroyd Development Control Plan 2013 (DCP).

iii)          

4.     The application is recommended for conditional approval subject to the amended conditions as provided in the attached schedule.  The application is referred to the Panel as part owner of the subject site is a sitting Councillor of Cumberland Council.


 

Report:

Subject Site And Surrounding Area

The subject site is known as 9 Wainwright Street, Guildford, and is legally described as Lot 31 in Deposited Plan 30971. The site is located on the eastern side of Wainwright Street within the R2 Low Density Residential zone. The site is a regular shaped block with a frontage of 18.29 metres to Wainwright Street. The subject site has a depth of 30.645 metres along the northern and southern side boundaries and an 18.29 metre rear eastern boundary equating to a total site area of 560.4m².

The site currently contains a single storey brick dwelling house with a detached brick garage and metal awning to the rear of the site.  The site experiences a cross fall of approximately 1.8 metres from the north-western corner to the south-eastern corner of the site.

Adjoining developments to the subject site include a two storey attached dual occupancy to the north at No. 11 Wainwright Street and a single storey dwelling house adjoining the south at No. 7 Wainwright Street.

Figure 1 – Locality Plan of subject site


 

Figure 2 – Aerial view of subject site

Figure 3 – Street view of subject site

Description of The Proposed Development

Council has received a modification application to amend the stormwater drainage system approved under Development Application DA-2018/396/1 for the “demolition of existing structures; construction of an attached 2 storey dual occupancy with Torrens title subdivision into 2 lots”.

 

The amended stormwater design includes removal of the easement through downstream properties, the addition of an absorption trench and redirecting water runoff from the development to drain to Wainwright Street. The amendments proposed as part of the modification application seek to also address the Schedule A deferred commencement conditions imposed under the original approval.

It should be noted that Development Consent number 10306/1999 was approved for the northern adjoining property at No. 11 Wainwright Street for an attached two storey dual occupancy by the Land and Environment Court on 17 September 1999. The approval consists of a stormwater system similar to that proposed under the subject modification application which drains to Wainwright Street.

History

Date

Action

21 October 2019

The Modification Application was lodged to amend stormwater drainage requirements

29 October 2019

The application was referred to Council’s internal Development Engineering department for review

13 November 2019

Application referred to CLPP for determination

Internal Referrals

Development Engineer

The development application was referred to Council’s Development Engineer for comment who has advised that the proposal is satisfactory, subject to amended conditions.

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)

The requirement at clause 7 of SEPP 55 for Council to be satisfied that the site is suitable or can be made suitable to accommodate the proposed development was considered under the original application. The proposed modifications do not raise any new concerns about potential contamination.


 

(b)    State Environmental Planning Policy (Infrastructure) 2007

The provisions of the Infrastructure SEPP (ISEPP) 2007 have been considered in the assessment of the original development application and do not apply to the modification application.

(c)    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.

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

The BASIX Certificates approved under the original application DA-2018/396/1 are satisfactory. The proposed modifications do not trigger updated BASIX requirements.

Local Environmental Plans

Holroyd Local Environmental Plan (HLEP) 2013

The provisions of the HLEP 2013 is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the HLEP 2013 and the objectives of the R2 Low Density Residential Zone.

·        Permissibility:-

The proposed development is defined as a “dual occupancy” and is permissible in the R2 zone with consent.

A dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

The relevant matters to be considered under the HLEP 2013 and the applicable clauses for the proposed development are summarised below.

Figure 4 – Holroyd LEP 2013 Compliance Table

DEVELOPMENT STANDARD

COMPLIANCE

DISCUSSION

4.1 Minimum subdivision lot size

 

Min. 450sqm

No

However, complies with Clause 4.1A

4.1A Exceptions to minimum lot sizes for certain residential development

Yes

Proposal is for the purpose of a dual occupancy development

4.3 Height of Buildings

 

Max. 9m

Yes

No changes proposed to the approved building height under the subject modification application

4.4 Floor Space Ratio (FSR)

 

Max. 0.5:1

Yes

No changes proposed to the approved FSR under the subject modification application

4.6 Exceptions to development standards

N/A

N/A

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

iv)          


 

v)           Figure 5 – Holroyd DCP 2013 Compliance Table

Clause

Control

Proposed

Complies

Part A – General Controls

1

Subdivision

 

Torrens title subdivision approved as part of the original application (DA-2018/396/1).

Yes

2

Roads and Access

 

No changes proposed to the vehicular crossings (VC) and driveways approved under the original application.

 

Yes

3

Car Parking

3.1

Minimum Parking Spaces

 

2 car parking spaces per dwelling (1 undercover)

The car parking approved as part of DA-2018/396/1 remains unchanged and is compliant.

Yes

4

Trees and Landscape Works

 

No changes proposed as part of the modification application.

Yes

5

Biodiversity

 

There is no evidence of any terrestrial biodiversity on the site.

Therefore, these provisions are not applicable.

N/A

6

Soil Management

6.2

Site Contamination and Land Filling

The proposed modifications do not raise any new concerns about potential contamination.

N/A

6.3

 

 

Erosion and Sediment Control

 

Erosion and Sediment Control Plan approved under DA-2018/396/1.

Yes

 

6.5

Salinity Management

The site is located on land identified as being affected by moderate salinity.

 

Appropriate conditions of consent have been imposed under the original consent.

Yes

7

Stormwater Management

 

The submitted stormwater plan has been reviewed by Council’s Development Engineer and is considered to be satisfactory, subject to additional amended conditions.

Yes

8.

Flood Prone Land

 

As shown on Council’s Flood Map, the site is not identified as flood prone land.

N/A

9.

Managing external road noise and vibration

 

The site is not located in or adjacent to a classified road or rail corridor.

N/A

10.

Safety and Security

 

No changes proposed to the approved building envelope under DA-2018/396/1.

Yes

11.

Waste Management

 

Waste Management Plan approved under DA-2018/396/1.

Yes

12.

Services

 

No changes proposed to the water, sewer, overhead electricity and telephone facilities under the subject application.

Yes

Part B- Residential Controls

1.1

Building Materials

 

No changes proposed to the approved façade of the building.

Yes

1.2

Fences

 

No changes proposed to the approved fencing under DA-2018/396/1.

Yes

1.3

Views

 

No changes proposed to the design of development which may obstruct significant views.

Yes

1.4

Privacy

 

The proposal is for changes to the stormwater drainage. No additional privacy impacts on the adjoining properties as a result of the proposed modifications.

Yes

1.5

Landscaping and open space

 

Minimal changes are proposed to the approved landscaping area on the subject site which is still compliant with the landscaping requirements.

Yes

1.6

Safety and security

 

No changes proposed to the design of the building as part of the subject modification application which will affect the safety of the occupants.

Yes 

1.7

Building and site sustainability

 

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.

No changes proposed to the building design as part of the subject application.

Yes

 

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 design and location of the stormwater drainage structures are considered satisfactory by Council’s Development Engineer.

Yes

 

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 as assessed by Council’s Development Engineer.

Yes

 

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.

Yes

 

1.8

Sunlight access

 

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 proposal seeks to amend the stormwater drainage system with no changes proposed to the approved built form of the development. No additional shadows will be cast as a result of the modifications sought.  

Yes

1.9

Cut and fill

 

Fill, up to 300mm, is permitted within 900mm of side or rear boundaries.

Fill is a maximum of 300mm outside the building envelope.

Yes

 

Cut is to be limited to 450mm where it is within 900mm of the rear or side boundaries.

The maximum cut proposed is 450mm outside the building envelope.

Yes

1.10

Demolition

 

Approval for the demolition of a dwelling, addition or outbuilding to a dwelling is required from Council.

Consent for demolition has been granted under the original application (DA-2018/396/1).

Yes

1.11

Car parking and roads

 

No changes proposed to the car parking arrangements approved under DA-2018/396/1.

Yes

1.12

Universal Housing and Accessibility

 

No changes proposed to the internal layout of the units.

Yes

1.13

Subdivision

 

Subdivision approved under the original application (DA-2018/396/1).

Yes

3.1

Specific requirements for Attached Dual Occupancy Development

 

The proposal complies with the site area and frontage requirements as assessed under the original application.

Yes

3.5

Site coverage

 

No changes proposed to the built form under the subject modification application which will affect the approved site coverage.

Yes

3.6

Setbacks

 

No changes proposed to the approved setbacks under DA-2018/396/1.

Yes

3.7

Building height

 

No changes to the building height approved under DA-2018/396/1.

Yes

3.8

Building appearance

 

No changes proposed to the approved built form.

Yes

As indicated in the compliance table above, the proposed development complies with the provisions of Council’s DCP subject to amended conditions of consent.

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 Modification 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 & Assessment Regulation 2000.

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

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

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

The modification application seeks amendments to the approved stormwater drainage and is considered suitable in the context of the site and surrounding locality.

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

In accordance with Council’s notification requirements contained within the Holroyd DCP 2013, the proposal was not required to be publicly exhibited and no submissions were received.

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 modified 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: Council has imposed Section 7.11 Contributions to be paid under the original application for DA 2018/396/1. No further contributions are required or payable as a result of the subject modification application. 

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 application did not result in any disclosure of Political Donations and Gifts.

Conclusion:

The modification application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, Holroyd LEP 2013 and Holroyd DCP 2013 and is considered to be satisfactory for approval subject to conditions.

The proposed modifications include amendments to the approved stormwater drainage in order to address the Schedule A deferred commencement conditions imposed under the original consent for DA-2018/396/1. The stormwater drainage system has been assessed by Council’s Development Engineer and considered satisfactory, subject to amended conditions.

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. 2018/396/2 to amend stormwater drainage requirements on land at 9 Wainwright Street, Guildford, be approved, subject to attached amended conditions in the attached schedule.

 

Attachments

1.     Draft Notice of Determination  

2.     Stormwater Plans  

3.     Locality Map  

4.     Original Notice of Determination DA 2018/396  

5.     Minutes of Cumberland Local Planning Panel meeting 28 November 2018   

 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP077/19

Attachment 1

Draft Notice of Determination


Cumberland Local Planning Panel Meeting

 13 November 2019


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP077/19

Attachment 2

Stormwater Plans


Cumberland Local Planning Panel Meeting

 13 November 2019


Cumberland Local Planning Panel Meeting

 13 November 2019


DOCUMENTS
ASSOCIATED WITH
REPORT LPP077/19

Attachment 3

Locality Map


Cumberland Local Planning Panel Meeting

 13 November 2019


DOCUMENTS
ASSOCIATED WITH
REPORT LPP077/19

Attachment 4

Original Notice of Determination DA 2018/396


Cumberland Local Planning Panel Meeting

 13 November 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP077/19

Attachment 5

Minutes of Cumberland Local Planning Panel meeting 28 November 2018


Cumberland Local Planning Panel Meeting

 13 November 2019