Cumberland Local Planning Panel Meeting

 10 December 2019

A meeting of the Cumberland Local Planning Panel will be held at 11:30am at the Merrylands Administration Building, 16 Memorial Avenue, Merrylands on Tuesday, 10 December 2019.

Business as below:

Yours faithfully

Hamish McNulty

General Manager

ORDER OF BUSINESS

1.      Receipt of Apologies

2.      Confirmation of Minutes

3.      Declarations of Interest

4.      Address by invited speakers

5.      Reports:

          -        Development Applications

          -        Planning Proposals

6.      Closed Session Reports

 


Cumberland Local Planning Panel Meeting

 10 December 2019

CONTENTS

Report No.  Name of Report                                                                                         Page No.

Development Applications

LPP078/19... Development Application 2019/254/1- 43 Irrigation Road ,South Wentworthville (Lot 32,DP 27474)........................................................................................................ 5

LPP079/19... Section 4.55(1A) Modification Application for 84-88 Warren Road,Smithfield   107

LPP080/19... Section 4.55(2) Modification Application for 127-129 Great Western Highway, Mays Hill...................................................................................................................... 167

LPP081/19... Section 4.56 application for 44-46 Pegler Avenue, South Granville...... 333

LPP082/19... Development  Application for 284 - 288 Great Western Highway, Wentworthville............................................................................................................................ 505

LPP083/19... Development Application  for 11 Hilltop Road, Merrylands...................... 671

 


Cumberland Local Planning Panel Meeting

10 December 2019

 

 

Item No: LPP078/19

Development Application 2019/254/1- 43 Irrigation Road ,South Wentworthville (Lot 32,DP 27474)

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA 2019/254/1  

 

 

Application lodged

28 June 2019

Applicant

DWELL DESIGNS AUSTRALIA

Owner

John Rahme & Belinda Rahme

Application No.

2019/254/1

Description of Land

43 Irrigation Road South Wentworthville (Lot 32, DP 27474)

Proposed Development

Demolition of existing structures and construction of an attached two storey dual occupancy and associated Torrens title subdivision into 2 lots

Site Area

615.9m2

Zoning

R2 – Low Density Residential

Disclosure of political donations and gifts

Nil disclosure

Heritage

No

Issues

Relative of Councillor

Summary:

1.      Development Application No. 2019/254/1 was received on 28 June 2019 for the “Demolition of existing structures and construction of an attached two storey dual occupancy and associated Torrens title subdivision into 2 lots” at 43 Irrigation Road, South Wentworthville.

2.      The application was publicly notified to occupants and owners of the adjoining properties for a period of 14 (fourteen) days between August 7 and August 21 2019. In response, no submissions were received.

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).

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

5.      The application is referred to the Panel as part owner of the subject site is the relative (brother) of a sitting Councillor of Cumberland Council.

Figure 1 – Streetscape Perspective from Irrigation Road, Looking North (Source: Dwell Designs, 2019)

Report:

Subject Site And Surrounding Area

The subject site is known as 43 Irrigation Road, South Wentworthville and is legally described as Lot 32, DP 27474.  The site is located on the Northern side of Irrigation Road within the R2 Low Density Residential zone. The site is a regular shaped block with a frontage of 15.24 metres to Irrigation Road. The subject site has a depth of 43.275 metres along the eastern side, 39.625 metres along the western side and a 14.72 metre rear northern boundary. The total site area is 615.9m2 by calculation.

The site currently contains a single storey dwelling house with a detached garage and rear shed. The topography of the site is fairly consistent with a slight fall of 680mm from south to north. There is an existing Public Drainage Easement located along the rear boundary of the property measuring 3.6m wide.

Adjoining developments to the subject site include a single storey dwelling to the west at 45 Irrigation Road and a single storey commercial building with shopfront to the east at 39 Irrigation Road.

Figure 2 – Locality Plan of subject site

Figure 3 – Aerial view of subject site

Figure 4 – Street view of subject site

IMG_0124

Figure 5 – Street view of the adjoining commercial premises

IMG_0122

Description of The Proposed Development

Council has received a development application 2019/254/1 seeking approval for the “Demolition of existing structures and construction of an attached two storey dual occupancy and associated Torrens title subdivision into 2 lots”.

The detailed breakdown of the proposal is as below:

Demolition:

·        Single storey dwelling

Construction:

·        Two storey attached dual occupancy

o Unit 1- five (5) bedrooms, three (3) bathrooms and single car garage

o Unit 2- five (5) bedrooms, three (3) bathrooms and single car garage

History

There is no applicable history of development for the subject site.

Applicants Supporting Statement

 

The applicant has provided a Statement of Environmental Effects prepared by Dwell Designs Australia and was received by Council on 28 June 2019 in support of the application.

 

Contact With Relevant Parties

 

The assessing officer has undertaken a site inspection of the subject site and surrounding properties on the 16 October 2019 and has been in regular contact with the applicant throughout the assessment process.

 

Internal Referrals

 

Development Engineer

 

The development application was referred to Council’s Development Engineer for comment who has advised that the development proposal is satisfactory and therefore can be supported, subject to recommended conditions of consent.

 

Tree Management Officer

 

The development application was referred to Council’s Tree Management Officer for comment who has advised that the development proposal is satisfactory and therefore can be supported, subject to recommended conditions of consent.

 

 

Rates Officer

 

The development application was referred to Council’s Rates Officer for comment who have advised that the development proposal is supported, subject to recommended conditions of consent.

 

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)

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. The site is not identified in Council’s records as being contaminated. A site inspection reveals the subject site is currently used for residential purposes ad that the site does not have any obvious history of a previous land use that may have caused contamination and there is no specific evidence that indicates the site is contaminated.

(b)     State Environmental Planning Policy (Infrastructure) 2007 (ISEPP)

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

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

The proposal does not exceed the biodiversity offsets scheme threshold. Therefore, the proposed vegetation removal is considered acceptable. Please refer to the DCP compliance table for further discussion.

(d)     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.

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

BASIX Certificate 1025965M issued on 28 June 2019 prepared by Sustainability-Z Pty Ltd has been submitted with Council and is considered to be satisfactory.

Regional Environmental Plans

The proposed development is affected by the following Regional Environmental Plans:

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

The subject site is identified as being located within the area affected by the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. The proposed development raises no issues as no impact on the catchment is envisaged.

(Note: - the subject site is not identified in the relevant map as ‘land within the ‘Foreshores and Waterways Area’ or ‘Wetland Protection zone’, is not a ‘Strategic Foreshore Site’ and does not contain any heritage items. Hence the majority of the SREP is not directly relevant to the proposed development).

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.

(a)     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 6 – Holroyd LEP 2013 Compliance Table

DEVELOPMENT STANDARD

COMPLIANCE

DISCUSSION

4.1 Minimum subdivision lot size

No

However, complies with Clause 4.1A

1.         4.1A Exceptions to minimum lot sizes for certain residential development

2.         Yes

3.         Proposal is for the purpose of a dual occupancy development

4.3 Height of Buildings Max. 9m

Yes

8.87m building height

4.4 Floor Space Ratio

Max. 0.5:1

Yes

Proposed FSR 0.5:1

(307.9m2)

4.6 Exceptions to development standards

N/A

N/A

A comprehensive assessment and compliance table is contained within attachment 5.

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

(a)     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 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

A comprehensive assessment and compliance table is contained within attachment 6.

The following table highlights non-compliances with the DCP, which relate primarily to the first floor wall length, and the variation sought is considered satisfactory on merit in this instance:

Figure 7 – Holroyd DCP 2013 Compliance Table

Clause

Control

Proposed

Complies

3.8

Maximum length of walls along the first floor side boundaries shall be 10 metres without any indentations, offsets or other articulation features.

The first floor level side elevations exceed 10m east measuring 14.86m and west measuring 14.13m

No

As indicated in the compliance table above, the proposed development departs from the Part B provisions of Council’s Holroyd DCP 2013.

Irrespective of this departure, it is considered that the proposal performs adequately from an environmental planning viewpoint and may be supported for the reasons discussed below:

First Floor Wall Length

The length of the eastern and western first floor walls are non-compliant with Holroyd DCP 2013, which stipulates the maximum length of walls along the first floor side boundaries shall be 10m without any indentations or offsets or other articulation features. However, the proposed wall length of 14.86m and 14.13m respectively are considered acceptable on merit, as there is no bulk and scale impact due to the design of the development. For the reason specified above, and the absence of any detrimental planning impacts, the eastern and western external first floor wall length non-compliance can be acceptable on merit in this specific instance.

The proposed development generally complies with the provisions of Council’s Holroyd DCP 2013 and is considered acceptable from an environmental planning view point.

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 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 Regulation).

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, it is considered that the development is 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))

 

Advertised (newspaper)

Mail

Sign

Not Required

In accordance with Council’s Notification requirements contained within the Holroyd DCP 2013, the proposal was publicly notified for a period of 14 days between 7 August 2019 and 21 August 2019. 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.

Comments:

The development requires the payment of contributions in accordance with Council’s Section 94 Contributions Plans.

As at 13 November 2019, the fee payable is $12,318.00.

The amount of the contribution will be determined at the time of payment in accordance with the relevant Contributions Plan in force at that time. This figure is subject to indexation as per the relevant plan. The draft determination attached includes a condition requiring payment of the contribution prior to issue of a Construction Certificate.

Disclosure of Political Donations And Gifts

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

Conclusion:                                                                                        

The 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 deferred commencement conditions.

The proposed development is appropriately located within the R2 Low Density Residential Zone under the relevant provisions of the Holroyd Local Environment Plan 2013.The proposal is consistent with all statutory and non-statutory controls applying to the development.

The minor non-compliance with Council’s controls has 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 the deferred commencement conditions.

Consultation:

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

Financial Implications:

There are no 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 No. 2019/254/1 for Demolition of existing structures and construction of an attached two storey dual occupancy and associated Torrens title subdivision into 2 lots on land at 43 Irrigation Road South Wentworthville be approved under deferred commencement, subject to the conditions contained in Attachment 1 of this report.

 

 

Attachments

1.      Draft Notice of Determination  

2.      Architectural Plans  

3.      Stormwater Plans  

4.      Locality Map  

5.      Holroyd Local Environmental Plan 2013 Compliance Assessment  

6.      Holroyd Development Control Plan 2013 Compliance Assessment   

 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP078/19

Attachment 1

Draft Notice Of Determination


Cumberland Local Planning Panel Meeting

 10 December 2019

 

 

 

ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979

NOTICE OF DETERMINATION OF APPLICATION

DEFERRED COMMENCEMENT
 

 

 

 


11 December 2019

 

 

Dwell Designs Australia

PO Box 2294

NORTH PARRAMATTA NSW 1750

 

 

Dear Sir/Madam

 

Pursuant to Section 4.16(3) of the Act, Council has granted “deferred commencement” consent to your development application described as follows:

 

PROPERTY:                                     Lot: 32 DP: 27474

 

STREET ADDRESS:                       43 IRRIGATION ROAD SOUTH WENTWORTHVILLE

 

DEVELOPMENT CONSENT NO:  2019/254/1

 

DECISION:                                        Cumberland Local Planning Panel

 

DATE FROM WHICH                       TO BE ADVISED UPON SATISFACTORY

CONSENT OPERATES:                 COMPLETION OF SCHEDULE ‘A’

 

DATE OF EXPIRY OF CONSENT: TO BE ADVISED UPON SATISFACTORY

COMPLETION OF SCHEDULE ‘A’

 

PROPOSED DEVELOPMENT:      DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF AN ATTACHED TWO STOREY DUAL OCCUPANCY AND ASSOCIATED TORRENS TITLE SUBDIVISION INTO 2 LOTS

 

This Development Application is APPROVED in accordance with the Environmental Planning & Assessment Act 1979 and is subject to compliance with the requirements of Cumberland Council, the Building Code of Australia, the Local Government Act 1993, and the following conditions as set out hereunder and/or endorsed upon the attached plans.

 

THIS CONSENT DOES NOT OPERATE UNTIL COUNCIL IS SATISFIED THAT ALL SCHEDULE ‘A’ CONDITIONS HAVE BEEN SATISFIED.
 

 

 

 

 

 

 

 


SCHEDULE “A”

 

Consent to the demolition of existing structures and construction of an attached two storey dual occupancy and associated Torrens title subdivision into 2 lots shall not operate until all of the following Schedule “A” conditions have been complied with to Council’s satisfaction.

 

Bus Stoppage

 

1.         There is an existing seat at the street frontage of the site across the proposed driveway. The seat is associated with an existing bus stoppage at the front. The applicant shall contact the relevant bus authority/service provider to get their consent for relocating the seats. A written letter from the concerned authority shall be submitted to Council in this regard. The seats must be relocated if it is recommended by the concerned authority prior to schedule B conditions becomes operable.

 

Boundary fencing flood affected areas

 

2.         The development site has been identified as a flood affected site in the 1% Annual Exceedance Probability (AEP) storm event. The boundary fences within the flood affected area(s) are therefore required to be constructed in accordance with Council’s standard detail SD8025. Owners’ consent from all affected property owner(s) stating that they consent to the new fence construction is required to be submitted to Council.

 

 

In accordance with clause 95(3) of the Environmental Planning and Assessment Regulation 2000, you must produce evidence to the Council within a period of 2 years, sufficient enough for Council to be able to be satisfied of the above matters.

 

If evidence is produced within the specified period, in accordance with Clause 95(5) of the Regulation, Council will notify you whether or not it is satisfied as to the above matters and whether or not the consent will operate.

 

 

 

* * * * * * * * * * * * * * * *

 

 


SCHEDULE “B”

 

This consent cannot operate until such time as Council is satisfied with the evidence produced in response to Schedule “A” and has notified the applicant in writing of the date from which the consent operates.

 

 

PRELIMINARY

 

1.         This consent shall lapse if the above development is not physically commenced by the date of expiry shown on the front page of this consent.

 

2.         The development is to be carried out in accordance with the following endorsed plans and documents:

 

·        Architectural Plans prepared by Dwell Designs Australia, Job no. 1810536 – as amended to satisfy Condition 11 and Schedule ‘A’;

Title

Drawing no.

Revision/issue

Dated

Site Plan

3/18

A

27 June 2019

Ground floor plan

4/18

A

27 June 2019

First floor plan

5/18

A

27 June 2019

South & West elevations

6/18

A

27 June 2019

North & East elevations

7/18

A

27 June 2019

Building Sections

9/18

A

27 June 2019

Driveway section

10/18

A

27 June 2019

Front Fence Plan

13/18

A

27 June 2019

Demolition Plan

14/18

A

27 June 2019

Sediment Control Plan

15/18

A

27 June 2019

Subdivision Plan

16/18

A

27 June 2019

 

·        Landscape Plan prepared by Monaco Designs, Job No. 5336, Sheet 1 of 2 and 2 of 2, dated 27 June 2019;

 

·        Stormwater Layout Plans prepared by SGC Consulting Engineers (OSD Plan 2019-166), Sheets 1 of 4 to 4 of 4 (inclusive), all revision A, 28 June 2019;

 

·        BASIX Certificate Numbers 1025965M, issued on 28 June 2019;

 

·        Schedule of External Colours and Finishes, prepared by Dwell Designs Australia, job no. 180536, dated 27 June 2019;

 

·        Waste Management Plan prepared by Dwell Designs Australia, dated 27 June 2019;

 

a)   Except as otherwise provided by the conditions of this determination and/or marked in red.

 

3.         All building work shall be carried out in accordance with the requirements of the Building Code of Australia. Fully detailed plans including fire safety details shall be submitted with the Construction Certificate application. No work is to commence until such time as a Construction Certificate is obtained for the work/building permitted by this Consent.

 


Appointment of Council or a Private Certifier as the Principal Certifying Authority (PCA)

 

4.         Either Council or a Private Certifier is to be appointed as the Principal Certifying Authority (PCA) for the development in accordance with Section 6.6 of the Act.

 

Accordingly, wherever reference is made to the Principal Certifying Authority in this Consent, it refers to Council or the Private Certifier as chosen by you.

 

Note:  Once you have chosen either Council or a Private Certifier as the PCA, you cannot change from one to the other, or from one Private Certifier or another, without the approval of Department of Planning & Infrastructure.

 

5.         The applicant shall consult with, as required:

 

(a)     Sydney Water Corporation Limited

(b)     Integral Energy

(c)     Natural Gas Company

(d)     A local telecommunications carrier

 

regarding their requirements for the provision of services to the development and the location of existing services that may be affected by proposed works, either on site or on the adjacent public road(s).

 

6.         Building materials, builder’s sheds, waste bins, site fencing, gates or any material of any description shall not be left or placed on any footway, road or nature strip.  Footways and nature strips shall be maintained, including the cutting of vegetation, so as not to become unsightly or a hazard for pedestrians.  Offenders will be prosecuted.

 

Demolition

 

7.         In the event that demolition is to occur prior to the issue/release of a Construction Certificate, all relevant fees and bonds such as the demolition inspection fee, kerb & gutter and tree protection bonds shall be paid in full to Council prior to demolition commencing (as per the relevant conditions elsewhere in this Development Consent).  Furthermore, the applicant/developer is to ensure that all relevant conditions in this Development Consent relating to the protection of the site, adjoining lands and trees are adhered to in full prior to commencement of any demolition works.    

 

8.         Permission is granted for the demolition of the existing structures on the property, subject to strict compliance with the following:-

 

a)      Demolition is to be carried out in accordance with the applicable provisions of Australian Standard AS2601-2001 - Demolition of Structures.   Note:  Developers are reminded that WorkCover requires that all plant and equipment used in demolition work must comply with the relevant Australian Standards and manufacturer specifications. a)   The developer is to notify owners and occupiers of premises on either side, opposite and at the rear of the development site 5 working days prior to demolition.  Such notification is to be a clearly written on A4 size paper giving the date demolition will commence and is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side, immediately at the rear of, and directly opposite the demolition site.  The demolition must not commence prior to the date stated in the notification.

b)      5 working days (i.e., Monday to Friday with the exclusion of Public Holidays) notice in writing is to be given to Cumberland Council for inspection of the site prior to the commencement of works.  Such written notice is to include the date when demolition will commence and details of the name, address, business hours, contact telephone number and licence number of the demolisher. Works are not to commence prior to Council’s inspection and works must also not commence prior to the commencement date nominated in the written notice.

c)      On the first day of demolition, work is not to commence until Cumberland Council has inspected the site.   Should the building to be demolished be found to be wholly or partly clad with asbestos cement, approval to commence demolition will not be given until Council is satisfied that all measures are in place so as to comply with WorkCover’s document “Your Guide to Working with Asbestos”, a copy of which accompanies this Development Consent and demolition works must at all times comply with its requirements.

d)      On demolition sites where buildings to be demolished contain asbestos cement, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position on the site to the satisfaction of Council’s officers.   Advice on the availability of these signs can be obtained by telephoning Council's Customer Service Centre during business hours on 8757 9000.   The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos cement has been removed from the site to an approved waste facility.  This condition is imposed for the purpose of worker and public safety and to ensure compliance with Clause 259(2)(c) of the Occupational Health and Safety Regulation 2001.

e)      Demolition shall not commence until all trees required to be retained/transplanted are protected in accordance with those conditions stipulated under “Prior to Works Commencing” in this Consent.

f)       All previously connected services are to be appropriately disconnected as part of the demolition works.   The applicant is obliged to consult with the various service authorities regarding their requirements for the disconnection of services.

g)      Demolition works involving the removal and disposal of asbestos cement must only be undertaken by contractors who hold a current WorkCover “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence”.

h)      Demolition is to be completed within 5 days of commencement.

i)        Demolition works are restricted to Monday to Friday between the hours of 7.00am to 6.00pm.   No demolition works are to be undertaken on Saturdays, Sundays or Public Holidays.

j)        Protective fencing is to be installed to prevent public access to the site.

k)      All asbestos laden waste, including asbestos cement flat and corrugated sheets must be disposed of at a tipping facility licensed by the Office of Environment and Heritage (OEH).

l)        Before demolition operations begin, the property shall be connected to the sewer of Sydney Water to which a pedestal pan shall be temporarily connected for the use as the employees’ toilet service during demolition operations.

m)     After completion, the applicant shall notify Cumberland Council within 7 days to assess the site and ensure compliance with AS2601-2001Demolition of Structures.

 

NOTE:  The person responsible for disposing of the above asbestos waste is to telephone the OEH on (02) 9995 5000 or Council’s Waste Officer on (02) 8757 9000 to determine the location of a tip licensed to receive asbestos. Within fourteen (14) days of the completion of demolition works, the applicant must lodge with Council, all original weighbridge receipts issued by the receiving tip as evidence of proper disposal.

 

n)      Within 14 days of completion of demolition, the applicant shall submit to Council:

 

i)        An asbestos clearance certificate carried out by a licensed asbestos assessor (normally a NATA accredited occupational hygienist), or a person who has the knowledge and skills to be a licensed assessor, regardless of whether or not they are licensed; and

ii)       A signed statement verifying that demolition work and the recycling of materials was undertaken in accordance with the Waste Management Plan approved with this consent under Holroyd DCP 2013 Part A, Section 11.0.  In reviewing such documentation Council will require the provision of original weighbridge receipts for the recycling/disposal of all materials; and

 

Note:     To find a list of NATA accredited facilities visit the NATA website at www.nata.asn.au and under ‘Facilities and Labs’ click on ‘Facilities List by Field’, then click on ‘Chemical Testing’, then click on ‘Asbestos’ and finally click on ‘identification’.   A list of laboratories will be produced which you can contact for the purpose of having a clearance certificate issued.

 

9.         Payment of $482.00 fee for inspection by Council of the demolition site prior to commencement of any demolition works.

 

BASIX (Building Sustainability Index)

 

10.       Under Clause 136D of the Environmental Planning & Assessment Regulation 2000, it is a condition of this Development Consent that all the commitments listed as per Condition 2 in relation to BASIX are fulfilled.

 

NOTE:  FEES, BONDS & CONTRIBUTIONS INDICATED IN CONDITIONS OF THIS CONSENT MAY VARY IN ACCORDANCE WITH THOSE ADOPTED BY COUNCIL AT SUBSEQUENT ANNUAL REVIEWS OF ITS “FEES AND CHARGES” AND SUBSEQUENT CHANGES TO THE BUILDING PRICE INDEX.   FEES CHARGED WILL BE THOSE CURRENT AT THE TIME OF PAYMENT.

 


PRIOR TO ISSUE/RELEASE OF CONSTRUCTION CERTIFICATE/PRELIMINARY CONDITIONS FOR DEMOLITION

 

The following conditions must be complied with prior to the issue of a Construction Certificate, or where relevant prior to demolition occurring.  In many cases the conditions require certain details to be included with or incorporated in the detailed plans and specifications which accompany the Construction Certificate:

 

          Amended Plans

 

11.       Amended plans shall be submitted to the Principal Certifying Authority, prior to the issue of a Construction Certificate addressing the following issues:

 

i.          The unit 1 alfresco opening shall be fitted with a privacy screening along the west elevation to a minimum height of 1.5m from the finished floor level;

ii.         The unit 2 alfresco opening shall be fitted with a privacy screening along the east elevation to a minimum height of 1.5m from the finished floor level;

iii.         The internal door to the garage of both unit 1 and unit 2 shall be amended to provide either an outwards opening or sliding door to maintain a clear length and width for car parking;

iv.        The subdivision plan shall be amended to reflect the sum of the all lots as a total of 615.9sqm;

v.         Basix commitments including water tanks shall be consistently shown on all plans (including architectural plans and stormwater plans).

 

Payment of Bonds, Fees and Long Service Levy

 

12.       The Principal Certifying Authority is to ensure and obtain written proof that all bonds, fees and contributions as required by this consent have been paid to the applicable authority.  This includes all Long Service Levy payments to be made to the Long Service Payments Corporation.

 

Section 7.11 Contribution

 

13.       Prior to the issue of a Construction Certificate, a monetary contribution imposed under Section 7.11 of the Environmental Planning and Assessment Act 1979 and Holroyd Section 94 Development Contributions Plan 2013, for one (1) additional dwelling is to be paid to Council. At the time of this development consent, the current rate of the contribution is $12,318.00.  The amount of the contribution will be determined at the time of payment in accordance with the relevant Contributions Plan in force at that time. A copy of the Holroyd Section 94 Development Contributions Plan 2013 can be viewed on Council’s website at www.cumberland.nsw.gov.au or inspected at Council’s Civic Centre located at 16 Memorial Avenue, Merrylands between the hours of 8am and 4.30pm Monday to Friday.

 

Damage Deposit

 

14.       A cash bond/bank guarantee of $2,850.00 must be paid/lodged with Council to cover making good any damage caused to the property of Council, during the course of construction associated with the development. This will be held for ‘six (6) months after the completion of works’ or six (6) months 0fter the issue of ‘Final Occupation Certificate’ (whichever occurs last) to remedy any defects that may arise within this time.

 

Note:- The applicant/owner shall be held responsible for and may be required to pay the full reinstatement costs for damage caused to Council’s property unless the applicant/owner notifies Council in writing and provides photographic proof of any existing damage to Council’s property. Such notification shall occur prior to works/demolition commencing.  However, if in the opinion of Council, during the course of construction existing damage has worsened, Council may require full reinstatement. If damage does occur during the course of construction, prior to reinstating any damage to Council’s property, the applicant/owner shall obtain design specifications of all proposed restoration works. Restoration/construction works within the road reserve shall be carried out by a licensed construction contractor at the applicant/owners expense and shall be inspected by Council prior to placement of concrete and/or asphalt.

 

Consistency with Endorsed Development Consent Plans

 

15.       The Principal Certifying Authority must ensure that any certified plans forming part of the Construction Certificate, are in accordance with the Development Consent plans.

 

Landscape Inspection Fee

 

16.       Payment of a $343.00  fee for the inspection by Council of landscape works and/or trees to be retained at the key stages, where Council is the Principal Certifying Authority.

 

Engineering Fees and Bonds

 

17.       Payment of a $626.00 fee for the inspection by Council of the stormwater drainage and Stormwater Detention System at the key stages, where Council is the Principal Certifying Authority.

 

18.       The applicant shall lodge with Council a $1,500.00 cash bond or bank guarantee to cover the removal of redundant vehicular crossings and laybacks along the full road frontage and replacement with kerb and gutter.  This bond will be held for ‘Six (6) months after the completion of works’ or issue of a ‘Final Occupation Certificate’ (whichever occurs last) to remedy and defects that may arise within this time.

 

19.       The applicant shall lodge with Council a $1,000.00 cash bond or bank guarantee for the satisfactory completion of the construction and/or reconstruction of the concrete footpath paving adjacent to the site. This bond will be held for ‘Six (6) months after the completion of works’ or issue of a ‘Final Occupation Certificate’ (whichever occurs last) to remedy and defects that may arise within this time.

 

20.       The applicant shall lodge with Council a $6,290.00 cash bond to cover the registration of a Positive Covenant and Restriction as to User over the Onsite Stormwater Detention System. This bond is refundable upon the submission of proof of registration of the Restriction on Use and Positive Covenant with the Land and Property Information NSW.

 

Road Works

 

21.       A Traffic Management Plan shall be lodged with Council for any road and drainage works to be carried out within public road reserves, or where construction activity impacts on traffic flow or pedestrian access, in strict compliance with the requirements of Australian Standard 1742.3 (Traffic Control Devices for Works on Roads).  In this regard, the applicant shall pay Council a $201.00 fee for the assessment of the Traffic Management Plan by Council, prior to commencing works within the road reserves. A copy of the approved Traffic Management Plan shall be kept on site during the course of construction for reference and compliance.

           

Sight Distance

 

22.       To maintain sight distance to pedestrians, all fencing and landscaping within 2m of a driveway shall have a maximum height of 1.0m and 50% transparent above a height of 0.5m. All solid posts higher than 0.5m (but lower than 1m) shall have a maximum width 0.35m and a minimum spacing of 1.2m. Details shall be submitted to the Principal Certifying Authority, prior to the issue of a Construction Certificate.

 

On-Site Stormwater Detention

 

23.       The development has been identified as requiring an on-site stormwater detention (OSD) system which has formed part of the development consent. Therefore, in order to satisfy the drainage requirements for the building, any construction certificate for the building shall include the construction of the OSD system. In this regard, design and construction details of the OSD system demonstrating compliance with the development consent, OSD plan number 2019-166 and Council’s on-site detention policy shall be submitted to the certifying authority prior to the issue of a construction certificate. The system shall generally be in accordance with the stamped approved drawings.

 

24.       The OSDs for both the units are proposed within 1% AEP flood extent areas, which is not accepted by Council’s OSD policy. As such, both the OSDs shall be relocated to flood free areas preferably at the front.

 

25.       Detailed design drawings and calculations shall be prepared by a practising Civil Engineer. Design and construction of the OSD system shall be in accordance with Council’s OSD policy and UPRCT handbook volume 3. The amended plan shall be submitted to Council for approval by the manager Engineering Services and Traffic.

 

26.       The discharge pipes of both the OSDs shall be connected to Council’s stormwater pipe running through the rear boundary at a single point.

 

Proposed vehicular access

 

27.       Final boundary location and levels at the driveway shall be approved by Council. A long section shall be provided at each driveway and include the public road and footpath profile, with relevant levels and dimensions shown.

 


Required Submissions to Certifying Authority

 

28.       Retaining walls greater than 1.0m above finished ground level or other approved methods necessary to prevent the movement of excavated or filled ground, together with associated stormwater drainage measures, shall be designed by an appropriately qualified person. Details are to be included with any Construction Certificate application.

 

29.       Structural engineer’s details prepared and certified by a practising qualified structural engineer of all reinforced concrete and structural members shall be submitted to the Principal Certifying Authority.

 

30.       If the development likely to disturb or impact upon telecommunications infrastructure, written confirmation from the service provider that they have agreed to the proposed works must be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate or any works commencing, whichever occurs first.

 

31.       The arrangements and costs associated with any adjustment to telecommunications infrastructure shall be borne in full by the applicant/developer.

 

Salinity

 

32.       The site has been identified as having a potential salinity hazard.  To prevent moisture/salinity from entering the built structure, appropriate construction methods are to be incorporated for all dwellings/buildings.

 

Details of proposed methods of construction are to be detailed in the engineering plans and submitted to the PCA.

 

Note:   Further information for building in a saline environment is available in the following documents:

“Building in Saline Environment” prepared by DIPNR 2003.

            Water Sensitive Urban Design in the Sydney Regions “Practice Note 12: Urban Salinity”

            Wagga Wagga City Council’s “Urban Salinity Action” October 1999

            “Guide to Residential Slabs and Footings in Saline Environments” prepared by Cement Concrete and Aggregates Australia, May 2005.

 

 Sydney Water

 

33.       A building plan approval must be obtained from Sydney Water Tap In™ to ensure the development will not affect any sewer, water or stormwater mains or easements.

 

A copy of the building plan approval receipt from Sydney Water must be submitted to the certifying authority, prior to the issue of a construction certificate.

 

Please go to sydneywater.com.au/tapin to apply.

 


PRIOR TO DEMOLITION /WORKS COMMENCING

 

The following conditions are to be complied with prior to demolition / any works commencing on the site:

 

Appointment of Principal Certifying Authority and Notification of Commencement of Work

 

34.       The person having the benefit of the development consent, not the principal contractor (builder), must:

 

a)      Appoint a Principal Certifying Authority in accordance with Section 6.6 of the Act.

 

b)      Have the Principal Certifying Authority complete the ‘Accredited Certifier Details’ on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

 

c)      Notify Council of the appointment of the Principal Certifying Authority and of the intention to commence building work, such notification is to be given to Council at least two (2) working days prior to the proposed commencement date, and be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

 

If nominated, Council can provide this service for you and act as the Principal Certifying Authority.

 

N.B.  The Principal Certifying Authority must also notify the person having the benefit of the Development Consent of any mandatory critical stage inspections and other inspections that are to be carried out in respect of the building work such notification must comply with Clause 103A of the Regulations.

 

Notification of Principal Contractor (Builder)/Owner-Builder

 

35.       The person having the benefit of the Development Consent must:

 

(a)     Notify the Principal Certifying Authority that the person will carry out the work as an owner-builder, if that is the case;

 

OR

 

(b)     Appoint a Principal Contractor for the building work (who must be the holder of a contractor licence if any residential building work is involved), and notify the Principal Contractor of any mandatory critical stage inspections and other inspections that are to be carried out in respect of the building work.

 

(c)     Notify the Principal Certifying Authority of any such appointment.

Where Council is the Principal Certifying Authority, such notification is to be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

 

Photographic Record of Council Property – Damage Deposit

 

36.       The applicant shall submit to Council, for the purposes of the damage deposit bond lodged to cover making good any damage caused to the property of Council, a full and satisfactory photographic record of the condition of Council’s property (i.e., road pavement, kerb and guttering, footway, stormwater drainage, etc.) adjacent to the subject site.  The purpose of the photographic record is to establish any pre-existing damage to Council’s property to ensure that you are not liable for any re-instatement works associated with that damage.   However, if in the opinion of Council, the existing damage has worsened or any new damage is caused during the course of construction, the Council may require either part or full re-instatement.

 

Note:  Failure to provide a full and satisfactory photographic record described above, is likely to render the applicant liable to rectify all damages unless satisfactory proof can be provided that the damage was pre-existing.

 

Required Submissions to Council or the Principal Certifying Authority

 

37.       To facilitate a complete assessment and enable the Certifying Authority to check compliance on site, truss validation and design, details certified by a qualified practicing structural engineer shall be submitted to Council or the Principal Certifying Authority for examination and approval.  Details shall include:

a)      job address and builder’s name

b)      design wind velocity

c)      terrain category

d)      truss spacing

e)      roof pitch

f)       material of roof

g)      roof batten/purlin spacing

h)      material of ceiling

i)        job number

 

Notification to Relevant Public Authority

 

38.       The applicant shall ensure that relevant public utility authorities are made aware of the salinity problems that have been identified within the subject site by the Department of Land and Water Conservation, such that their services are designed to take into consideration the effects the saline soils may have on their installations.

 

Fencing of Sites

 

39.       Fencing of sites is required to prevent public access when the site is unoccupied and building works are not in progress. In this regard the MINIMUM acceptable standard of fencing to the site is properly constructed chain wire fencing 1.8m high, clad internally with Hessian or Geotextile fabric. All openings are to be provided with gates, such gates are not at any time to swing out from the site or obstruct the footpath or roadway.

 

Signs to be Erected on Sites

 

40.       A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

 

(a)     Showing the name, address and telephone number of the Principal Certifying Authority for the work, and

 

(b)     Showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours and at any time for business purposes, and

 

(c)     Stating that unauthorised entry to the work site is prohibited.

 

The sign must be rigid and durable and be read easily by anyone in any public road or other public place adjacent to the site.

 

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

 

This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

 

Note:   Principal Certifying Authorities and Principal Contractors must also ensure that signs required by this clause are erected and maintained (clause 227A of the Regulations currently imposes a maximum penalty of $1,100).

 

Prohibited Signage

 

41.       Advertising, Real Estate Agents, Architects, Designers, site suppliers and any other signage not mentioned in the conditions, is not to be placed or displayed on the site, such that the signage is visible from any public place. Offenders may be prosecuted.

 

Protection of Public Places

 

42.       A hoarding or fence must be erected between the work site and any public place, if the work involved in the erection or demolition of the building; is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or involves the enclosure of a public place.

 

If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

 

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

 

Site Control Measures

 

43.       Suitable erosion and sediment control measures shall be provided at all vehicular entry/exit points and all other measures required with and/or shown on plans accompanying the Construction Certificate, to control soil erosion and sedimentation, are to be in place prior to the commencement of construction works. Such controls are to be provided in accordance with Holroyd’s “Erosion & Sediment Control Policy.”

 

Note:       On-the-spot fines may be issued by council where measures are absent or inadequate.

 

Footpaving, Kerbing and Guttering

 

44.       Protection must be provided for Council footpaving, kerbing and guttering. Wooden mats must also be provided at all entrances where the site fronts paved footpaths.

 

45.       Finished street levels shall not be assumed. The owner or builder must make application to Council’s Engineering Services Department for street levels.

Support for Neighbouring Buildings

 

46.       If an excavation associated with the erection of a building extends below the level of the base of the footings of a building on an adjoining allotment of land (including a public road and any other public place), the person causing the excavation to be made:-

 

a)      Must preserve and protect the building from damage, and

b)      If necessary, must underpin and support the building in an approved manner, and

c)      Must, at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars to the owner of the building being erected or demolished.

 

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.  (In this clause, allotment of land includes a public road and any other public place).

 

Toilet Facilities

 

47.       Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

 

Each toilet provided:

 

a)      Must be a standard flushing toilet, and

b)      Must be connected:

i)        To a public sewer,

ii)       If connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or

iii)      If connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

iv)      The position of the toilet on the site shall be determined by Council’s Building Surveyor and/or Sydney Water.

 

Residential Building Work - Insurance

 

48.       Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates (where not Cumberland Council) has given Cumberland Council written notice of the following information:-

 

(a)     In the case of work for which a Principal Contractor is required to be appointed:

 

(i)      The name and licence number of the Principal Contractor, and

 

(ii)      The name of the insurer by which the work is insured under Part 6 of that Act,

 

(b)     In the case of work to be done by an owner-builder:

 

(i)      The name of the owner-builder, and

 

(ii)      If the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

 

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under this condition becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (where not Cumberland Council) has given Cumberland Council written notice of the updated information.

 

The notification is to be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.

 

Roadworks

 

49.       The applicant is to submit to Council an application for a road opening permit when the drainage connection into Council’s system is within the road reserve. In this regard the applicant shall pay Council the relevant fee prior to the commencement of works. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) required within the road reserve.

 

50.       The applicant to arrange with the relevant public utility authority the alteration or removal of any affected services in connection with the development.  Any such work being carried out at the applicant’s cost.

 

Works within Council’s Reserve

 

51.       All works within the Council reserve shall be completed within three (3) weeks of the date of commencement.  Council’s Development Engineer shall be advised prior to the commencement of works.

 

52.       Submission to Council of a Certificate of Currency of the contractor’s Workers’ Compensation Policy prior to the commencement of works.

 

53.       All construction works shall be in accordance with the WorkCover safety requirements.   Submission of insurance documentation demonstrating a minimum Public Liability cover of $20,000,000 is to be submitted prior to commencement of works.   Cumberland Council shall be named on the Certificate of Currency as an interested party.

 

Property/Street Number

 

54.       Council is the authority responsible for the allocation of all official property addresses.  For ease of identification of your new development it is important that the allocated property numbers are used and displayed prominently.  It is requested that you contact Council as soon as possible before construction is commenced to discuss proposed addressing for your development.

 

Please email your site plan to council@cumberland.nsw.gov.au or contact Council’s Rates Section by phone on 8757 9000.

 

 


DURING DEMOLITION / CONSTRUCTION

 

The following conditions are applicable during demolition / construction:

 

Endorsed Plans & Specifications

 

55.       A copy of the endorsed stamped plans and specifications, together with a copy of the Development Consent, Construction Certificate and approved Traffic Management Plan are to be retained on site at all times.

 

Hours of Work & Display of Council Supplied Sign

 

56.       For the purpose of preserving the amenity of neighbouring occupations building work including the delivery of materials to and from the site is to be restricted to the hours of 7.00am to 6.00pm Mondays to Fridays and 8.00am to 4.00pm Saturdays. Work on the site on Sundays and Public Holidays is prohibited.  Note: Demolition work is not permitted on weekends or Public Holidays - refer to specific demolition condition for approved hours.

 

The yellow “Hours of Building Work” sign (supplied by Council with the approval), is to be displayed in a prominent position at the front of the site for the duration of the work.

 

Site Control

 

57.       All soil erosion measures required in accordance with the approved sediment and erosion control plan and any other relevant conditions of this Consent are to be put in place prior to commencement of construction works are to be maintained during the entire construction period until disturbed areas are restored by turfing, paving or revegetation. This includes the provision of turf laid on the nature strip adjacent to the kerb.

 

58.       Builder’s refuse disposal and storage facilities are to be provided on the development site for the duration of construction works and all rubbish shall be removed from the site upon completion of the project.

 

59.       Stockpiles of sand, soil and other material shall be stored clear of any drainage line or easement, tree protection zone, water bodies, footpath, kerb or road surface and shall have erosion and sediment control measures in place to prevent the movement of such materials onto the aforementioned areas and adjoining land.

 

Asbestos Cement Sheeting

 

60.       i)        All asbestos cement sheeting must be removed by contractors with an appropriate licence   issued by WorkCover and who are familiar with asbestos removal prior to the commencement of:-

 

(a)     Recladding or brick veneering of any building where the existing walls to be covered are currently clad with asbestos cement;


OR

 

(b)     Construction work where new work abuts existing asbestos cement sheeting and/or where parts of the existing building clad with asbestos cement sheeting are to be altered or demolished.

 

Removal must be carried out strictly in accordance with WorkCover’s “Your Guide to Working with Asbestos” (copy attached).

 

ii)       All asbestos laden waste, including asbestos cement flat and corrugated sheets must be disposed of at a tipping facility licensed by the Office of Environment and Heritage (OEH).

 

Note:  The person responsible for disposing of the above asbestos waste is to telephone the OEH on (02) 9995 5000 or Council’s Waste Officer on (02) 8757 9000 to determine the location of a tip licensed to received asbestos. Upon completion of tipping operations the applicant shall lodge with the Council, all receipts issued by the receiving tip as evidence of proper disposal.

 

iii)      Within fourteen (14) days of completion of renovation or recladding or brick veneering works where asbestos cement sheeting was removed, the applicant shall submit to Council an asbestos clearance certificate prepared by a NATA accredited occupational hygienist.

 

Note:  To find a list of NATA accredited facilities visit the NATA website at www.nata.asn.au and under ‘Find a Facility or Lab’ type in ‘asbestos identification’ in ‘keywords’ then click on ‘chemical testing’ in NSW then click on the search button.   A list of laboratories will be produced which you can contact for the purpose of having a clearance certificate issued.

 

Waste Management Plan

 

61.       The approved Waste Management Plan must be implemented and complied with during all stages of works on site.

 

62.       Within seven (7) days of completion of construction/building works, the applicant shall submit a signed statement to Council or the Principal Certifying Authority verifying that demolition work and recycling of materials was undertaken in compliance with the Waste Management Plan. The Principal Certifying Authority shall submit a copy of the statement to Council.

In reviewing such documentation Council will require the provision of actual weighbridge receipts for the recycling/disposal of all materials.

 

Compliance with Critical Stage Inspections and other Inspections nominated by the Principal Certifying Authority

 

63.       Section 6.5 of the Act requires certain specific inspections (prescribed by clause 162A of the Regulations) and known as ‘Critical Stage Inspections’ to be carried out for building work.   Prior to permitting commencement of the work your Principal Certifying Authority is required to give notice of these inspections pursuant to clause 103A of the Regulations.

 

N.B.  An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspections or other inspections required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all inspections required is provided with the Construction Certificate approval.

 


Construction

 

64.       The building and external walls are not to proceed past ground floor formwork/reinforcing steel level until such time as the Principal Certifying Authority has been supplied with a check survey report prepared by a registered surveyor certifying that the floor levels and external wall locations to be constructed, comply with the approved plans, finished floor levels (FFL)s and setbacks to boundary/ies. The slab shall not be poured, nor works continue, until the Principal Certifying Authority has advised the builder/developer that the floor level and external wall setback details shown on the submitted survey are satisfactory.

 

In the event that Council is not the Principal Certifying Authority, a copy of the survey shall be provided to Council within three (3) working days.

 

On placement of the concrete, works again shall not continue until the Principal Certifying Authority has issued a Certificate stating that the Condition of approval has been complied with and that the slab has been poured at the approved levels.

 

          Salinity

 

65.       The building and external walls are not to proceed past ground floor formwork/reinforcing steel level until such time as the Principal Certifying Authority has confirmed that all required construction measures addressing salinity, as required by this Consent and its accompanying Construction Certificate have been carried out.

 

          Landscaping/Site Works

 

66.       All turfed areas shall be finished level with adjoining surfaces and also fall evenly to approved points of drainage discharge.

 

67.       New 1.8m high lapped and capped timber paling or colorbond fences (colour to be sympathetic with the development) determined in consultation with adjoining property owner(s), are to be erected along and within the side and rear boundaries and between courtyards at full cost to the developer, such fencing to be constructed on or within the property boundary. In situations where the boundary fence is proposed on top of a retaining wall, the height of the fence shall not exceed a maximum of 2.4m as measured from the lower adjacent ground level. A Statutory Declaration or other documentary evidence of such consultation is to be submitted to the Principal Certifying Authority.

 

Tree Protection

 

68.       The applicant shall accept all responsibility for the accuracy of the information provided to Council for assessment.   If any tree/s are not shown on the endorsed plan or are required to be retained and protected but are threatened by demolition/construction work through unforeseen construction requirements or plan inaccuracy, all site and building works so affected are to  cease until the matter is resolved to the satisfaction of Council.   Council’s Environmental and Planning Services Department is to be notified immediately upon such a problem being encountered.

 


Pruning of Branches

 

69.       Branches of trees to be retained/transplanted within 1m of the approved building, may be pruned by an Arborist qualified to at least Australian Qualification Framework (AQF) Certificate Level 3 in accordance with Australian Standard AS4373-1996 ‘Pruning of Amenity Trees’ to enable demolition/construction works to occur.

 

Note:  Any other pruning works not authorised by this Consent are subject to the approval of an application for General Tree Works activities.

 

Inspection of Works

 

70.       The stormwater drainage works are to be inspected during construction, by the Council or by a suitably qualified Civil Engineer. Documentary evidence of compliance with Council’s specifications shall be obtained prior to proceeding to the subsequent stages of construction, encompassing not less than the following key stages:

 

(a)       Initial inspection to discuss concept and site conditions/constraints prior to commencement of the construction of the detention basin/tank.

 

(b)       Prior to landscaping of the detention basin or pouring of the roof of the detention tank.

 

(c)       After completion of storage but prior to installation of fittings (e.g. Orifice plates, screens, flap valves etc.)

 

(d)       Final Inspection.

 

Council’s standard inspection fee will apply to each of the above set inspection key stages. Additional inspection fees will apply for additional inspections required to be undertaken by Council.

 

71.       The stormwater drainage works connecting into the Council stormwater pipe shall be inspected by Council during construction. Documentary evidence of compliance with Council’s specifications shall be obtained prior to proceeding to the subsequent stages of construction, encompassing not less than the following key stages:

 

·    Initial inspection to discuss concept and site conditions/constraints prior to commencement of the drainage connection.

·    Prior to backfilling of the trench following the laying and connection of the storm water pipe.

·    Final Inspection.

 

Council’s standard inspection fee will apply to each of the above set inspection key stages. Additional inspection fees will apply for additional inspections required to be undertaken by Council.

 

Note: A private certifier or PCA cannot be engaged to do this inspection. 

 

Road Works and Footpaving

 

72.       Pedestrian access, including disabled and pram access, is to be maintained as per Australian Standard AS1742.3 “Part 3 – Traffic Control Devices for Works on Roads”.

73.       All advisory and regulatory sign posting (for example parking restriction signage, pedestrian crossing signs, warning signs) are to remain in place during construction.

 

Underground Cabling

 

74.       All communications cabling shall be installed underground as per relevant authority requirements (including broadband and Category 5).

 

            Power Connection

 

75.       Where power connection is not available on the same side of the street an intermediate power pole (one power pole per development site) can be provided within the front setback of the property to allow above-ground connection from the existing power lines (for dwellings, secondary dwellings and dual occupancy developments only).

 

            Connection from the intermediate power pole to each dwelling must be underground.

 

Rainwater Tank

 

76.       The design of any aboveground rainwater tank(s) should allow a horizontal clearance of at least 450mm for pedestrian movement. The tank(s) must not exceed 2.4 metres in height above ground level, including any stand for the tank(s).

 

Vehicle Cleansing

 

77.       Concrete trucks and trucks used for the transportation of building materials shall not traffic soil, cement or similar materials onto the road. Hosing down of vehicle tyres shall be conducted in a suitable off-street area where wash water is prevented from entering the stormwater system or adjoining property.

 

Importation of Fill

 

78.       All imported fill shall be validated in accordance with Council’s Contaminated Land Policy to ensure that it is suitable for the proposed land use from a contamination perspective.

 

Additional Information during Demolition/ Construction

 

79.       Any new information which comes to light during demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to Council immediately.

 

 


PRIOR TO ISSUE OF A FINAL OCCUPATION CERTIFICATE

 

The following conditions are to be complied with prior to the issue of a final occupation certificate:

 

Certificates/Documentary Evidence

 

80.       A final clearance is to be obtained from Integral Energy if such clearance has not previously been issued.

           

Sydney Water

 

81.       A Section 73 compliance certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.

 

Application can be made either directly to Sydney Water or through a Sydney Water accredited Water Servicing Coordinator.

 

Go to sydneywater.com.au/section73 or call 1300 082 746 to learn more about applying through an authorised Water Servicing Coordinator or Sydney Water.

 

Following application, Sydney Water may issue a Notice of Requirements letter detailing all requirements that must be met prior to the issue of the section 73 certificate.

 

The section 73 compliance certificate must be submitted to the Principal Certifying Authority prior to the issue of a final occupation certificate.

 

82.       A Structural Engineer’s certificate from the supervising structural engineer responsible for the design shall be submitted to the Principal Certifying Authority and shall state that all foundation works/reinforced concrete/structural members have been carried out/erected in accordance with the Engineer’s requirements and the relevant SAA Codes.

 

Note:  Any such certificate is to set forth the extent to which the engineer has relied on relevant specifications, rules, codes of practice or publications in respect of the construction.

 

Landscaping/Tree Protection

 

83.       Certification is to be provided to the Principal Certifying Authority (PCA), from the designer of the landscape proposal, that all tree planting/landscape works have been carried out in accordance with the endorsed plan. If Council is the PCA, the certification is to be submitted to Council prior to or at the final landscape inspection.  If Council is not the PCA, a copy of the certification is to be provided to Council with the Occupation Certificate.

 

84.       Two (2) Acer Palmatum trees are to be planted in a suitable location within the property in the front rear yard. The trees are to come from a minimum 45L container and be planted, so as not to affect existing services, and in accordance with the attached guidelines.

 

Fencing

 

85.       Boundary and courtyard fences must be erected and finished in a professional manner.

 

 

 

 

86.       The development site has been identified as a flood affected site in the 1% Annual Exceedance Probability (AEP) storm event. In this regard, the entire northern fence and half of eastern and western fence on the northern side shall need to be constructed in accordance with Council’s standard detail SD8025. The pool type fencing shall need to be provided at the base of the boundary fence to the extent of the 1% AEP post development flood level. The fencing shall need to be constructed in consultation with adjoining affected property owners at full cost of the owner of this development prior to the issue of any occupation certificate.

 

Certification

 

87.       The On-site Stormwater Detention design summary calculation sheet using the Works-as-Executed levels shall be provided to Council.

 

On-Site Stormwater Detention, Certification, Covenant and Maintenance Schedule

 

88.       A copy of the as approved stormwater drainage and On Site Detention plan showing work as executed details shall be submitted to Council. The work as executed plan shall be in accordance with Council’s standards and specifications for stormwater drainage and on-site stormwater detention.

 

89.       A certificate of compliance in accordance with Council’s standards and specifications for stormwater and On Site Detention plan shall be issued to the Principal Certifying Authority by a suitably qualified Civil Engineer.

 

90.       Documents giving effect to the creation of a Positive Covenant and Restriction on Use over the as constructed On Site Detention shall be submitted to the authority benefited for approval prior to lodging with the Land and Property Information NSW. The wording of the terms of the Positive Covenant and Restriction On Use shall be in accordance with Council’s standards and specifications for stormwater drainage and on-site stormwater detention. The documents shall be approved by the benefiting authority for registration with Land and Property Information NSW.

 

Note:   Prior to release of the documents creating the Restriction on Use and Positive Covenant, the benefiting authority shall be satisfied that the as-constructed On Site Detention is in accordance with the approved drawings and Council requirements.

 

The Positive Covenant and Restriction on Use documents shall be registered with the Land and Property Information NSW within six (6) months from the date of release by the benefiting authority.

 

91.       A maintenance schedule for the stormwater and On-Site Detention system including a sketch plan of the components forming the sites stormwater and On-Site Detention system shall be submitted. The maintenance schedule shall be prepared by a qualified hydraulic engineer and shall be in accordance with the Upper Parramatta River Catchment Trust requirements. 

 

            On-site Stormwater Detention Plate

 

92.       An On-site Stormwater Detention plate shall be installed within the detention basin or tank. The plate shall be located in or near the Discharge Control Unit to alert future owners of their obligations to maintain the facility and its restrictions. The wording and plate shall be in accordance with Council’s standard requirements.

 

93.       The applicant shall provide a standard OSD sign within the aboveground basin area in accordance with Clause 7.1 (i) of the Council’s OSD policy.

 

Inter-allotment drainage

 

94.       Stormwater pipe running through a lot while serving another lot shall be covered by a one meter wide easement. The easement shall be shown on the linen plan and noted on section 88B instrument specifying burdened and benefiting lots. Documents relative to the creation of the easement to be lodged with the NSW Land Registry Services with registration being effected prior to subdivision certificate is issued.

 

Parking/Driveway

 

95.       The vehicle crossing between the street and front boundary shall be constructed of plain concrete with no colour or stencilling.

 

Road Works

 

96.       Any works requiring levels within the road reserve will require the submission of Council’s Vehicle Crossing application form.

 

97.       A full width medium duty vehicular crossing shall be provided opposite the shared vehicular entrance for the development, with a minimum and maximum width of 5m at the boundary line. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s issued drawings and level sheets.

 

98.       The reconstruction of cracked and/or damaged concrete footpath, kerb and gutter, and any associated works along all areas of the site frontage. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing SD 8100 and issued level sheets.

 

99.       The reconstruction of concrete footpath paving and associated works along all areas of the site fronting at Irrigation Road, South Wentworthville.  These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing SD-8100 and issued level sheets.

 

100.     Removal of all redundant vehicular crossings and laybacks along the full road frontage and replacement with kerb and gutter. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing number SD-8100.

 

101.     A certificate of compliance for the construction of the vehicular crossing/s, footpath paving, kerb and guttering, roadworks and stormwater drainage shall be obtained from Council and be submitted to the Principal Certifying Authority.

 

            House/Street Number

 

102.     A house/street number must be displayed on all newly developed properties

 

The unit /dwelling numbers are as follows:

 

·    Unit/Lot 1: 43B Irrigation Road, South Wentworthville; and

 

·    Unit /Lot 2: 43A Irrigation Road, South Wentworthville.

 

General

 

103.     Documentary evidence and/or certificate of compliance must be submitted to Council to show that all works have been completed in accordance with this Development Consent and its accompanying Construction Certificate.


PRIOR TO RELEASE OF LINEN PLAN

 

The following conditions are to be complied with prior to the Release of the Linen Plan:

 

Linen Plan

 

104.     The linen plans for the subdivision when lodged for final approval must be accompanied by four (4) copies and linen plan release fee of $200.90.

 

88B Instrument

 

105.     As per condition 90 of this Development Consent a restriction on the use of the land and a positive Covenant are to be created for the protection and ongoing maintenance of the On Site Detention. The Section 88B instrument required is to be created in association with the subdivision and is to be in accordance with Cumberland Council’s standard wording. The instrument should also be used to create any Right of Carriageway and easement required. Provision is to be made for the General Manager of the Council or his/her designate to sign the document and it is to be appropriately noted on the linen plan of strata subdivision.

 

Public Utilities

 

106.     The Principal Certifying Authority is to be provided with a current Section 73 Certificate for the property from Sydney Water.

 

107.     Public utility services (including water, sewer, electricity and telephone) shall be provided and any easements necessary created to the satisfaction of the relevant servicing authorities.

 

Evidence of such is to be submitted prior to release of the linen plan of subdivision.

 

Easements

 

108.     A reciprocal easement for support over proposed Unit/Lot 1 and proposed Unit/Lot 2 shall be created and submitted to the Principal Certifying Authority prior to the release of the subdivision certificate.

 

General

 

109.     Documentary evidence and/or certificate of compliance must be submitted to Council to show that all works have been completed in accordance with this Development Consent and its accompanying Construction Certificate.


CONDITIONS RELATING TO USE

 

The following conditions are applicable to the use of the development:

 

Safety and Amenity

 

110.     Where an intruder alarm is installed on the premises it shall be fitted with a timing device in accordance with the requirements of the Protection of the Environment Operations Act 1997.

 

Noise

 

111.     The operation of the pump from the rainwater tank shall not give rise to an equivalent continuous (LAeq) sound pressure level at any point on any residential property greater than 5dB(A) above the existing background LA90 level (in the absence of the noise under consideration). Council may require an Acoustic Report to be submitted, prepared by a suitably qualified person, to ensure this requirement is met in the event of Council receiving complaints.

 

112.     The operation of all plant and equipment shall not give rise to an equivalent continuous (LAeq) sound pressure level at any point on any residential property greater than 5dB(A) above the existing background LA90 level (in the absence of the noise under consideration).

 

113.     Noise and vibration from the use of the air conditioning system (if any installed) shall not exceed the background level by more than 5dB(A) and shall not be audible in any premises of a different occupancy between 10:00pm and 7:00am on weekdays and 10:00pm and 8:00am on weekends and public holidays.

 

General

 

114.     All privacy measures as required by this development consent shall be maintained for the life of the development and shall not be altered without prior approval of Council.

 

 

 

 


ADVISORY NOTES

 

Other Necessary Approvals

 

A.        The applicant’s attention is drawn to the need to obtain Council’s separate approval for any ancillary activity not approved by this consent, including:

(a)     Works, including the pruning or removal of any tree(s) not authorised in the preceding conditions or on the approved plans. Council’s Tree Preservation Order protects trees by definition taller than 3.5m or having a trunk circumference exceeding 500mm measured one metre above ground level. If in doubt contact Council’s Tree Management Officer.

(b)     Any fencing located forward of the proposed building and exceeding the limitations specified in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(c)     The erection of any advertising sign, not being exempt from the need to obtain approval.

(d)     The installation of any furnace, kilns, steam boiler, chemical plant, sand blast, spray painting booth or the like.

 

B.        If you carry out building work as an owner builder and sell your home within seven (7) years from the date of completion (date of final occupation certificate), then a Certificate of Insurance must be attached to your Contract of Sale.

 

C.        Modifications to the approved plans will require the lodgement and consideration by Council of a modification application pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979.

 

D.        Section 8.7 of the Act provides that an applicant who is dissatisfied with the Council’s determination of the Development Application may appeal to the Land and Environment Court within six (6) months of the date of determination, or as otherwise prescribed.

 

E.        Section 8.3 of the Act provides that an applicant may request, within six (6) months of the date of determination of the Development Application, that the Council review its determination (this does not apply to designated development).   A fee is required for this review.

 

It should also be noted that an application under Section 8.3 of the Act cannot be reviewed/determined after 6 months of the date of determination. Therefore, the submission of a Section 8.3 Application must allow sufficient time for Council to complete its review within the prescribed time frame, including the statutory requirement for public notification.

 

F.        DIAL BEFORE YOU DIG

 

Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

 

G.       A Construction Certificate shall be obtained in accordance with Section 6.7 of the Act, prior to the commencement of any work on site. Council can provide this service for you.

 

H.        An Occupation Certificate is to be issued by the Principal Certifying Authority prior to the occupation of the building.

 

I.         DEMOLITION

 

(a)     Demolition is to be carried out in such a way and with such control measures as are necessary to prevent the occurrence of any dust, noise, runoff or other nuisance.

(b)     All sediment/soil is to be prevented from entering Council's stormwater drainage system.

(c)     The public footpath and roadway is to be protected against damage as a result of demolition activities and is to be kept clean and free of all soil and other materials.

(d)     On completion of demolition the site is to be left in a clean and tidy condition.

(e)     Cumberland Council has a Tree Management Order which applies to the entire Cumberland Council. No ring-barking, cutting down, topping, lopping, removing, injuring or wilful destruction of any tree or trees exceeding 3.5m in height and 3m in branch spread shall take place without the prior written consent of Cumberland Council.

(f)      There shall be no burning of any waste, as this is prohibited within the Cumberland Council.

(g)     Demolition material can be recycled saving the environment and also tipping costs. For more information, contact the Environment Protection Authority’s Recycling hotline on 9325 5555.

(h)     Public roads shall be kept clean and free of any materials which may fall from vehicles or plant to ensure safety and amenity of the area.

 

J.        CONSTRUCTION/OCCUPATION CERTIFICATE FEES

 

An administration fee per certificate (in accordance with Council’s adopted fees and charges) is payable to Council on lodgement of Construction and Occupation Certificates from Principal Certifying Authorities.

 

K.        BANK GUARANTEES

 

Bank guarantees will be accepted from list of banks which have at least an “A” rating from Standard and Poors and at least an “A2” or “Prime-1” standard from Moodys Investor Services.

 

To enable the bank guarantee to be enforceable during an entire project with consideration for delays, the guarantee must not contain a facility expiry date.

 

To get to Standard and Poors www.standardpoors.com then from Ratings Action choose Ratings Lists.  Then click on Financial Institutions followed by clicking on Financial Institutions Counterparty Ratings List.  Go to “Banks” and download to Australian Banks.

 

To get to Moodys www.moodys.com then look up Ratings and then Banking and then Bank Ratings list.   It will take you to Bank Credit Research page.  Look at the table of contents and choose Global Bank Ratings by Country.    Look up Australian Banks.

 

L.        SMOKE DETECTORS

 

A system of self-contained smoke alarms complying with the requirements of AS3786-1993, Smoke Alarms or listed in the Scientific Services Laboratory Register of Accredited Products being installed in the dwelling, connected to the mains power supply and provided with a standby power supply.   Alarms are to be positioned on the ceiling and setback a minimum distance of 300mm from any wall.  Alarms are to be placed in the vicinity of each area containing bedrooms with a minimum of one (1) alarm required for each storey of the dwelling.

 

M.       TERMITE PROTECTION

 

Structural members are to be protected from attacked by subterranean termites in accordance with the requirements of AS3660.1-2000 Protection of building from subterranean termites and a durable notice must be affixed within the metre box indicating the type of protection, its date of installation, life expectancy of any chemical barrier used, and system maintenance and inspection requirements.   A certificate of compliance of the approved system must be submitted to Council or the Principal Certifying Authority on completion of the system installation.   With respect to chemical protection, a pipe system shall be installed beneath the slabs plastic membrane to allow re-application of the chemical border.

 

N.        WET AREAS

 

Wet areas in the dwelling are to be waterproofed in accordance with AS3740 Waterproofing of wet areas within residential buildings.

 

Where Council is the Principal Certifying Authority for the works, the submission of evidence of suitability for the waterproofing product used will be required at the wet area inspection stage.  The evidence of suitability is to be in the form of:-

 

1.       A current Certificate of Accreditation for the product.

 

AND

 

2.       A certificate from the person responsible for the installation of the product advising that the product was applied in accordance with the relevant manufacturers specifications.

 

Note:  Any copy of documentary evidence submitted, must be a complete copy of the original report or document.

 

O.       LANDINGS

 

A landing having a minimum length of 750mm and a grade no steeper than 1.50, must be provided where the sill of a threshold of a doorway opens onto a stair that provides a change in floor level or floor to ground level greater than 3 risers or 570mm in accordance with Clause 3.9.1.3 (Stair Construction) of the Building Code of Australia.

 

P.        SOUND TRANSMISSION AND INSULATION

 

To ensure the amenity of occupants in attached residential development (Class 1 buildings), separating walls must be constructed in accordance with Part 3.8.6 of the Building Code of Australia.

Q.       GLAZING CERTIFICATION

 

A certificate shall be submitted to the Principal Certifying Authority stating that safety glazing has been used in the building in accordance with AS1288 - “Glass in Buildings - Selection and Installation”.

 

R.        TELECOMMUNICATIONS ACT 1997 (COMMONWEALTH)

 

Telstra (and its authorised contractors) are the only companies that are permitted to conduct works on Telstra’s network and assets. Any person interfering with a facility or installation owned by Telstra is committing an offence under the Criminal Code Act 1995 (Cth) and is liable for prosecution.

 

Furthermore, damage to Telstra’s infrastructure may result in interruption to the provision of essential services and significant costs. If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact Telstra’s Network Integrity Team on Phone Number 1800810443.

 

S.        DIVIDING FENCES

 

Please be advised that arrangements concerning existing or proposed fences between properties are a civil matter determined by the involved parties under the Dividing Fences Act. You are therefore required to consult with the owners of neighbouring properties if fences are to be removed or constructed.

 

The Dividing Fences Act is administered by the Department of Lands who can act as a mediator in disputes.

 

 

Yours faithfully

 

 

 

 

Jai Shankar

COORDINATOR - DEVELOPMENT ADVISORY SERVICES


DOCUMENTS
ASSOCIATED WITH
REPORT LPP078/19

Attachment 2

Architectural Plans


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP078/19

Attachment 3

Stormwater Plans


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP078/19

Attachment 4

Locality Map


Cumberland Local Planning Panel Meeting

 10 December 2019

ATTACHMENT 4 – LOCALITY MAP

 

 

 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP078/19

Attachment 5

Holroyd Local Environmental Plan 2013 Compliance Assessment


Cumberland Local Planning Panel Meeting

 10 December 2019

 

ATTACHMENT 5

-Holroyd Local Environmental Plan  (HLEP) 2013

Holroyd Local Environmental Plan 2013 Compliance Assessment

 

No.

Required/Permitted

Comment

Comply

Part 2 Permitted or prohibited development

 

Zoning

R2   Low Density Residential

 

The proposal meets the objective of the zone “to provide for the housing needs of the community within a low density residential environment”

 

Yes

 

 

Permissible Uses/Development

‘Dual occupancies’ are permitted with consent in the R2 Zone

Yes

2.7

Demolition requires consent

Consent sought for demolition

Yes

Part 4 Principal development standards

4.1

Minimum subdivision lot size

However, complies with Clause 4.1A

No

4.1A

Exceptions to minimum lot sizes for certain residential development

Proposal is for the purpose of a dual occupancy development

Yes

4.3

Height of Buildings

Max 9m

8.87m building height

                

Yes

4.4

Floor Space Ratio

Max 0.5:1

Site Area: 615.9m2

 

FSR: 0.5:1

 

GFA: 307.9m2

 

Yes

4.6

Exceptions to Development Standards

N/A

N/A

Part 5 Miscellaneous provisions

5.10

Heritage

The development is not within the vicinity of a heritage item

N/A

Part 6 Additional local provisions

6.1

Acid Sulfate Soils

The site is not affected by potential acid sulfate soils.

N/A

6.4 & 6.7

Flood Planning and Stormwater Management

Flood levels and stormwater management is deemed satisfactory

Yes

6.5

Terrestrial Biodiversity

N/A

N/A

6.6

Riparian land and watercourses

N/A

N/A

6.8

Salinity

The site is located on lands identified as being affected by moderate salinity, conditions shall be imposed

Yes

6.9

Buffer between industrial and residential

The development is not in a buffer zone

N/A

 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP078/19

Attachment 6

Holroyd Development Control Plan 2013 Compliance Assessment


Cumberland Local Planning Panel Meeting

 10 December 2019

 





ATTACHMENT 6

Holroyd Development Control Plan 2013

 

The relevant objectives and provisions of Holroyd Development Control Plan 2013 have been considered in the following assessment table:

 

Part A – General Controls

 

1

Subdivision

 

 

Comment

Yes

No

N/A

 

 

Torrens title subdivision is proposed as part of the application and is compliant with Clause 4.1A of the Holroyd Local Environmental Plan 2013.

 

2

Roads and Access

 

 

Comment

Yes

No

N/A

 

 

Proposed vehicular crossing (VC) and driveway are centralised. The driveway width is 5 metres and will provide access to the single garages. 

 

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 for each dwelling and an additional stacked parking space on the driveway.

 

 

 

 

4

Trees and Landscape Works

 

No.

Clause

Comment

Yes

No

N/A

 

 

Trees at rear to be removed. The tree advice received on 21 August 2019 suggests the removal of the trees is satisfactory.

 

 

 

 

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 not identified in Council’s records as being contaminated. A site inspection reveals the subject site is currently used for residential purposes ad that the site does not have any obvious history of a previous land use that may have caused contamination and there is no specific evidence that indicates the site is contaminated.

 

 

 

 

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.

 

 

 

 

7.

Stormwater Management

The submitted stormwater plan has been reviewed by Council’s Development Engineering department and is considered to be satisfactory.

 

 

 

 

8.

Flood Prone Land

The subject site is subject to stormwater flooding. The submitted plans have been reviewed by Council’s Development Engineering department and are considered satisfactory.

 

 

 

 

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 units.

 

 

 

 

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 for the character of the streetscape.

 

 

 

 

1.2

Fences

 

No.

Clause

Comment

Yes

No

N/A

 

 

Maximum height of 1.5m, maximum 1m solid.

1.2m front fence with solid to a maximum height of 471mm

 

 

 

 

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 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:

Views from the living/dining room windows and the alfresco area on the ground floor level will be minimised by the rear setback of more than 11m, additionally planting is proposed along the rear boundary to maintain visual privacy. First floor rear facing windows are bedrooms and do not impact the visual privacy of adjoining dwellings.

 

East Elevation

Ground floor east facing living room window is privacy treated to a height of 1.5m from the FFL. First floor east facing windows are privacy treated to a height of 1.5m from the FFL.

The first floor windows belong to bedrooms and a hallway and do not impinge on visual privacy.

 

 

 

West Elevation

Ground floor west facing living room window is privacy treated to a height of 1.5m from the FFL. First floor west facing windows are privacy treated to a height of 1.5m from the FFL.

The first floor windows belong to bedrooms and a hallway and do not impinge on visual privacy.

 

South Elevation

Street facing and will not cause any privacy impacts.

 

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.

The floor levels of the dwellings are less than 1 metre above the exiting 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 rear alfresco/terrace area of unit 1 and unit 2 will have overlooking impacts. A condition shall be imposed for the alfresco openings to be fitted with a privacy screening along the east and west elevations with a minimum height of 1.5m above the finished floor level.

 

 

 

 

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 rear boundaries within the courtyards 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 minimum of 900mm setback from side boundaries is achieved.

 

 

 

 

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 shall 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 lourves

• landscape planting

• lattice or similar on top of side and rear fencing

A condition shall be imposed for the alfresco openings to be fitted with a privacy screening along the east and west elevations with a minimum height of 1.5m above the finished floor 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 setbacks of the proposed dwellings only include driveways and as hard paved area.

 

 

 

 

Where an access driveway is located on the side boundary or where an internal roadway is to be provided, a landscape strip of 1 metre shall be provided.

Central driveways are proposed, therefore >1m landscaping is proposed along the side boundary of the driveway

 

 

 

 

The % of the total site area to be provided as landscape area for each residential development

type shall be as follows:

25%- Dwelling house, dual occupancy and attached housing development on lots greater than

600m2.

The subject application proposes 32.3% of landscaped area for the subject site at a minimum width of 2 metres. (199.5m2 landscaped area)

 

 

 

 

 

• 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.

• Accommodate both passive and active recreation uses.

• 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 each 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 area;

-     Is for the use of the occupants of the dual occupancy units;

-     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 each dwelling can be accessed directly from the side boundaries 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 each unit 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 each dwelling has a minimum dimension of 4 metres, is directly accessible from the main living area and is clear of any 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 38.8% (239.5m2) of the site area.

Proposed PPOS area for unit 1 is 85m2 at min. 4m wide.

Proposed PPOS area for unit 2 is 83m2 at min. 4m wide.

 

 

 

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 both the dwellings.

 

 

 

 

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;

-     North facing living room for optimum solar access;

-     Adequate landscaping; and

-     The rainwater tanks 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 underground rainwater tanks are integrated with the landscape design and are 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 as assessed by Council’s Development Engineers.

 

 

 

 

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.

Council shall impose a condition for Rainwater tanks to be shown on elevation plans prior to construction certificate. The details outlined in this provision have been detailed on the stormwater 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 2000L (minimum) rainwater tank for each dwelling which are located to the side of the dwellings.

 

 

 

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 dwellings ensure sunlight access to the main living areas of the dwellings are achieved through the placement of east, north and west facing openings. The private open space of each dwelling has a direct north 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.

Unit 1

The north facing living area openings will receive 3 hours solar access from 9am to 4pm in mid-winter.

Unit 2

The north facing living area openings will receive 3 hours solar access from 9am to 4pm in mid-winter.

 

 

 

 

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.

The adjoining properties will continue to receive the required solar access to main living areas.

 

 

 

 

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).

Unit 1 and unit 2 receive at least 3 hours solar access from 9am to 4pm in mid-winter. The neighboring properties at receive the required solar access to 50% of POS between 9am and 4pm.

 

 

 

 

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 north facing openings on each unit.

 

 

 

 

Proposed development should endeavour not to overshadow any existing solar panels on adjacent properties.

The southern adjoining properties do not include any solar panels.

 

 

 

1.9

Cut and fill

No.

Clause

Comment

Yes

No

N/A

 

Development is should be designed and constructed to integrate with the natural topography of the site.

The proposed dual occupancy 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.

No fill proposed

 

 

 

Fill, 600mm or greater is to be contained within the building envelope.

Generally contained within the building envelope.

 

 

 

 

Cut is permitted to a maximum of 1 metre.

No cut proposed

 

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

Maximum 450mm

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.

Approval for the demolition of the existing structures is being sought under the subject application.

 

 

 

 

If the demolition involves removing asbestos, compliance with Council’s Asbestos Cement

Policy for the safe removal and disposal is required.

The proposed demolition works will be managed in compliance with Workcover’s Asbestos Cement Policy.

 

 

 

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 widths are 3 metres which equates to 46.2% 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 garages are setback 8.3 and 7.939 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.

Building width exceeds 12m; garages extend 270mm from building facade.

 

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 garages have an area less than 20m2 and therefore will not be considered as part of the floor space.

 

 

 

 

A lockable storage closet for each dwelling should be provided within the garage.

A storage space/open area in the garage can be provided for each dwelling.

 

 

 

 

For dwelling houses, dual occupancy and multi dwelling housing, parking in the case of each dwelling shall be separately accessible.

Separate accesses to the garages are provided for each dwelling.

 

 

 

 

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 43 Irrigation Road 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 single vehicular crossing of 5.5m wide (conditioned) is compliant with the requirements

 

 

 

 

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.

The driveways are setback more than 1 metre from side boundaries.

 

 

 

 

The maximum gradient for a driveway should be 20%, or 1:5.

The proposed driveway gradients are 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.

1.13

Subdivision

No.

Clause

Comment

Yes

No

N/A

 

Allotment orientation should ensure that living and private open space areas of any dwelling can be orientated to the north and that dwellings can be positioned so that the possible overshadowing impact on existing or future adjoining buildings can be minimised.

The orientation of the living areas and private open space areas maximises the solar access achieved for the development. The proposed dwellings have minimal impact on the solar access of the adjoining properties.

 

 

 

 

Council will allow the Torrens subdivision of dual occupancies and the strata subdivision of multi dwelling development subject to compliance with all other related controls contained in this DCP.

The subject application proposes the Torrens Title subdivision into 2 lots.

 

 

 

3.1

Specific requirements for attached dual occupancy development

 

No.

Clause

Comment

Yes

No

N/A

 

No more than one attached dual occupancy may be erected on a single allotment of land.

 

The minimum allotment size for an attached dual occupancy development is 500m2 in Zone R2 Low Density Residential and 450m2 in Zone R3 Medium Density Residential.

 

The minimum site frontage for an attached dual occupancy, as measured from the building line

is 15 metres.

 

Mirror reverse designs for attached dual occupancies are not permitted.

 

Architectural differentiation between the dwellings, such as variable setbacks is required.

Compatibility with the adjoining dwelling should be retained through roof pitch, colour

schemes, materials etc.

One attached dual occupancy proposed

 

 

 

 

 

 

Lot size=615.9sqm with 15.24m frontage

 

 

 

 

 

 

Architectural differentiation proposed

 

 

 

3.5

Site coverage

No.

Clause

Comment

Yes

No

N/A

 

The maximum site coverage for a dual occupancy is 50% of the site area.

The proposal achieves site coverage of 39.45% (243m2).

 

 

 

3.6

Setbacks

No.

Clause

Comment

Yes

No

N/A

 

The minimum setback from the principal streetscape frontage is 6 metres (with the exception of dwellings to rear laneways or secondary streets).

The minimum proposed front setback is 8.310m for unit 2 and 7.939m for unit 1.

 

 

 

 

Side setbacks are to be a  minimum of 900mm.

The minimum side setbacks for the proposed dwellings are a minimum of 900mm on side boundaries.

 

 

 

 

Rear setbacks shall be a minimum 30% of the length of the site. This is irrespective of the location of private open space. This does not apply to corner lots.

The proposed rear setback is 14.993 metres which is 37.8% of the length of the site on the shortest boundary.

 

 

 

 

For corner lots, rear setbacks shall be a minimum of 4 metres. Rear setback relate to the proposed rear setback of the dwellings, not the existing rear setback.

The subject site is not a corner allotment.

 

 

 

 

An articulation zone shall be permitted in the front setback to the primary street frontage. The articulation zone is limited in width to 25% of the building width and 1.5 metres in length.

No encroachment into articulation zone of the 6m setback area.

 

 

 

3.7

Building height

No.

Clause

Comment

Yes

No

N/A

 

The maximum height of a dual occupancy dwelling is two (2) storeys.

The proposed dual occupancy is a maximum of 2 storeys in height (8.87m).

 

 

 

 

The minimum floor to ceiling height for a dual occupancy is 2.4 metres (Figure 26).

Each dwelling achieves the minimum floor to ceiling height of 2.4metres.

 

 

 

3.8

Building appearance

No.

Clause

Comment

Yes

No

N/A

 

Maximum length of walls along the first floor side boundaries shall be 10 metres without any indentations, offsets or other articulation features.

The first floor level side elevations exceed 10m east measuring 14.86m and west measuring 14.13m

 

Acceptable on merit as discussed within main report

 

 

At a minimum, the front façade of each dwelling in a dual occupancy shall orientate the front door and a window of a habitable room on the ground floor to address the principal street frontage.

Each dwelling includes a front door entry and a window on the ground floor level which addresses the street frontage.

 

 

 

 


Cumberland Local Planning Panel Meeting

10 December 2019

 

Item No: LPP079/19

Section 4.55(1A) Modification Application for 84-88 Warren Road,Smithfield

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA-2016/8/4  

 

 

Application lodged

12 August 2019

Applicant

Planning Law Solutions Pty Ltd

Owner

K Q Thai, Q D Thai & T K Nguyen

Application No.

2016/8/4

Description of land

84-88 Warren Road, Smithfield

Proposed development

Section 4.55(1A) application to allow for permanent continuation of extended hours of operation and out of hours limited vehicle access to commercial laundry

Site Area

4186 m2

Zoning

IN2 – Light Industrial

Principal development standards

Floor Space Ratio – N/A

Height of Buildings – N/A

Disclosure of political donations and gifts

Nil disclosure

Heritage

Site is not heritage listed and is not within a heritage conservation area.

Issues

·  Hours of operation which do not comply with HDCP 2013

·  Public submissions

Summary:

1.      DA 2016/8/1 was approved under delegated authority for the use of an existing factory building as a commercial laundry on 31 May 2016. Condition 20 of that consent limited the hours of operation to 7 am to 4 pm Monday to Friday and 8 am to 12 pm Saturdays.

2.      Modification application 2016/8/2 sought to change the hours of operation to 7 am to 7 pm, 7 days per week. That application was approved by the Cumberland Independent Hearing and Assessment Panel subject to amended trading hours of 7 am to 7 pm Monday to Saturday, no work Sundays or public holidays, subject to a 12 month trial period.

3.      The applicant lodged a class 1 appeal against CIHAP’s determination of 2016/8/2 in the Land and Environment Court. Following a section 34 conference, an agreement was reached between the parties to modify the approved hours to include Saturdays 7 am to 7 pm and Sundays & public holidays 9 am to 4 pm.

4.      DA 2016/8/3 was lodged with Council on 14 March 2018 and sought consent for additional truck movements outside the approved hours of operation as follows:

·        Up to two delivery vehicles departing the site between 4 am and 7 pm on any day of the week, and

·        Up to one delivery vehicle entering the site between 4 pm and 7 pm on a Sunday or Public Holiday.

That application also sought to end the trial period for the extended hours which was imposed under the previous modification application. DA 2016/8/3 was approved by the Cumberland Local Planning Panel on 14 November 2018, subject to a further 12 month trial period, and an additional condition requiring non-high frequency reversing beepers to be installed for the delivery trucks.

5.      The subject application was lodged with Council on 12 August 2019, and notified for a period of fourteen days from 4 to 18 September 2019. Two public submissions were received as a result of the notification. Additional correspondence was received from the same objectors following conclusion of the notification period.

6.      The application does not involve any new non-compliances with the relevant development standards or planning controls.

7.      The application is being reported to the Cumberland Local Planning Panel for determination as the modification relates to a condition specifically imposed/altered by the Panel.

8.      The application is recommended for approval subject to the conditions in the draft determination at attachment 3.

Report:

Subject Site And Surrounding Area

The subject site is known as 84-88 Warren Road, Smithfield. The legal description of the site is lot 42 in deposited plan 10958. The site is zoned IN2 – Light Industrial under the zoning provisions of the HLEP 2013.

The site has a splayed frontage of 46.448 m to the eastern side of Warren Road, and a total area of 4,186 m2.

The site is located within an established light industrial area of Smithfield. The surrounding properties are predominantly industrial. However, there are residential properties to the north of the site on the opposite side of the Liverpool – Parramatta Transitway. 

 

Aerial view of subject site and locality. Source: Cumberland Council 2019

Zoning map – subject site shown hatched. Source: Cumberland Council 2019

Description of The Proposed Development

The laundry operations are currently subject to a trial period for extended hours, and additional delivery vehicle movements outside the approved hours. This application seeks to conclude the trial period.

It was also identified during assessment of the application, that the wording of the condition regarding the additional vehicle movements requires refinement as it relates to vehicles departing the site on Sundays and public holidays.

The following table sets out the relevant site history.

 

Date

Action

31 May 2016

DA approved for the use of an existing factory building as a commercial laundry.

2 March 2017

Section 96(1A) modification application 2016/8/2 lodged with Council seeking approval to operate from 7 am to 7 pm, 7 days per week.

14 June 2017

DA 2016/8/2 approved by Cumberland Independent Hearing and Assessment Panel (CIHAP), subject to condition preventing any work from being carried out on Sundays or public holidays

27 July 2017

Applicant filed a class 1 appeal against the CIHAP determination

13 September 2017

Orders made to give effect to section 34 agreement between the parties to provide for the following hours of operation:

·    7 am to 7 pm Monday to Saturday

·    9 am to 4 pm Sundays and Public Holidays,

subject to a 12 month trial period

14 March 2018

Modification application DA 2016/8/3 lodged with Council seeking to allow for additional truck movements outside the approved hours of operation.

14 November 2018

DA 2016/8/3 approved by CLPP, subject to a further 12 month trial period.

12 August 2019

DA 2016/8/4 (subject modification application) lodged with Council

4 October 2019

Application deferred, seeking additional information from the applicant

10 October 2019

Additional information submitted by the applicant

25 October 2019

Further clarification sought from the applicant regarding the early morning truck movements

7 November 2019

Additional information submitted by the applicant

10 December 2019

DA 2016/8/4 reported to CLPP for determination

Applicant’s Supporting Statement

 

A statement in support of the application prepared by Planning Law Solutions dated 5 August 2019 was submitted with the application.

 

Contact With Relevant Parties

 

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

 

Internal Referrals

 

Environmental Health

 

The application was referred to Council’s Environmental Health Unit for comment. The response received 11 September 2019 indicates that the proposal is satisfactory, subject to an additional condition requiring annual review of the Plan of Management. The recommendation has been adopted in the draft determination at attachment 3.

 

Development Compliance

 

The application was referred to Council’s Development Compliance Officer for comment. The Development Compliance Officer provided the following comments:

 

·        Development Compliance have received 35 complaints via e-mail (between 7/4/2019 – 12/5/2019) from 1 complainant [name redacted] regarding noise allegedly emanating from the Kong HWA Laundry.

 

·        Development Compliance undertook covert surveillance of the Laundry on Sunday 14 and Monday 15 April 2019. During surveillance of the subject premises, it was observed that the laundry was not operating outside of their approved hours. This officer also noticed absence of activities and noise emanating from the subject premises. Officers are of the opinion that there are noises in the vicinity of the laundry; however cannot be directly assigned as coming from the laundry itself.

 

·        Development Compliance is aware that on 19/4/2019, [name redacted] phoned the afterhour’s number to report a noise complaint at 6:34am; however also advised that Council not to attend due to lack of access to property.

 

·        Development Compliance is aware that on 12/5/2019, [name redacted] phoned the afterhours number to report a noise complaint and a possible asbestos dump outside the laundry. A Council Ranger attended but was unable to substantiate noise from laundry, but identified a possible source from a nearby industrial estate.

 

·        Development Compliance referred the issue to the NSW Environment Protection Agency (EPA), as the facility where the possible source was identified is operating under an Environment Protection Licence. 

 

·        Development Compliance has not had any complaints lodged since 12/5/2019.

 

External Referrals

 

The application was not required to be referred to any external agencies.

 

Planning Assessment

 

Section 4.55 (1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act)

 

Pursuant to section 4.55(1A), a consent authority may, on application being made by the applicant or any other person entitled to  act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

 

Requirement

Comment

It is satisfied that the proposed modification is of minimal environmental impact

Council is satisfied that the proposed modifications involve minimal environmental impact. There is no change to the existing built form or the nature of the business being carried out. The extended hours of operation and additional vehicle movements have been in place for more than 12 months and information from Council’s Development Compliance Team indicates that the laundry has been complying with the approved hours.

It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

The original application consented to the use of an existing factory building as a commercial laundry.

 

The modification application proposes to conclude the trial period, which has now been in place for more than 12 months.

 

There is no change to the existing built form or the nature of the business being carried out. Accordingly, the Panel can be satisfied that the development as proposed to be modified is substantially the same as that for which consent was originally granted.

It has notified the application in accordance with:

(i)  the regulations, if the regulations so require, or

(ii)  a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

The application was notified in accordance with Part E of Holroyd Development Control Plan 2013.

It has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Two submissions were received as a result of the notification. See discussion below regarding the issues raised in the submissions.

In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 as are of relevance to the development the subject of the application.

(a) The provisions of the applicable EPIs are discussed elsewhere in this report

The provisions of the applicable DCP are discussed elsewhere in this report.

 

There are no planning agreements or draft planning agreements related to this application.

 

The regulations do not prescribe any matters for consideration.

 

The likely impacts of the proposal are considered satisfactory.

 

The site is considered to be suitable for the development as proposed to be modified.

 

Two submissions were received as a result of the notification. See discussion below regarding the issues raised in the submissions.

 

Approval of the subject application would not be contrary to the public interest.

The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

(b) There were no reasons given by the consent authority for the grant of the original consent.

(a)

(b) See comments below regarding reasons provided for the determination of DA 2016/8/3.

 

The CLPP gave the following reason for its decision to approve DA 2016/8/3:

 

1.      The Panel is of the opinion at this point in time that the trial period should not be eliminated but continue for a period expiring on 13 September 2019 in order to permit the Council to monitor and assess the noise impact of the premises on neighbours, as well as the noise impact of the additional truck movements outside the operating hours.

 

2.      The additional condition 20B is imposed in order to minimise the noise impact on nearby properties outside normal operating hours.

 

The trial period has been in operation for more than 12 months, and whilst a number of complaints were received by Council in that period, none have been substantiated and Council’s Development Compliance Officer is of the view that the laundry operators are complying with their consent conditions. The complaints that have been received regarding the laundry operations allege that noise from washers and/or dryers is being emitted outside the approved hours. There have been no complaints received regarding the additional vehicle movements that were approved under the previous modification application.

 

Information submitted by the applicant indicates that a switch has been installed in each of the operator’s delivery trucks to silence the reversing beeper to address condition 20B. This is discussed in more detail at the HDCP 2013 section of this report. 

 

Section 4.15 of the Environmental Planning and Assessment Act 1979

 

The provisions of any Environmental Planning Instruments (EP&A Act s 4.15(1)(a)(i)

 

The following Environmental Planning Instruments are relevant to the assessment of the subject application:

 

(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 modification does not involve any physical works and does not raise any new concerns about potential contamination.

 

(b)     Holroyd Local Environmental Plan 2013 (HLEP 2013)

 

The use is defined as ‘light industry’ under the provisions of HLEP 2013. Light industry is permitted with consent in the IN2 – Light Industrial land zone which applies to the land.

 

The Holroyd LEP 2013 defines light industry as “a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following:

·        high technology industry,

·        home industry”

 

Holroyd LEP 2013 defines industrial activity as “the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.”

 

Subject to compliance with the conditions imposed on the original consent, and as modified by the previous modifications, the use will satisfy these LEP definitions.

 

There are no LEP non-compliances associated with the subject application. An HLEP 2013 compliance table is provided at attachment 1.

 

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

 

No draft environmental planning instruments apply to the proposal.

 

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

 

(a)     Holroyd Development Control Plan 2013

 

The provisions of Part D – Industrial Controls of HDCP 2013 apply to the proposed modification application. Section 4, Part D of HDCP 2013 provides that industrial operations be limited to the following hours:

·        7am to 7pm Monday to Friday

·        7am to 12 noon Saturday and no work on Sunday.

 

The development as approved does not comply with the hours of operation specified in the DCP. The original approval provided for use of the site as a commercial laundry subject to the following hours of operation:

·        Monday to Friday                          7 am to 4 pm;

·        Saturday                                         8 am to 12 pm;

·        Sunday and Public Holidays      No Work

 

DA 2016/8/2 (approved by the LEC on appeal) provided for the following amended hours of operation:

·        7 am to 7 pm Monday to Saturday

·        9 am to 4 pm Sundays and public holidays

 

DA 2016/8/3 was approved by CLPP on 14 November 2018, and provided for limited vehicular access to the site outside the approved hours of operation.

 

The extended hours and additional truck movements are currently subject to a trial period. The applicant seeks to delete references to the trial period as approved under previous modifications, and allow for permanent continuation of the extended hours and additional truck movements.

 

Council’s Development Compliance Team indicates that the operators have been generally complying with the conditions, and that the extended hours and additional truck movements are not having adverse noise or other impacts in the locality. Accordingly, it is considered appropriate to modify conditions 20, and 20A of the consent to remove references to the trial period.

Condition 20B was imposed by the Panel under the previous modification application (DA 2016/8/3). Condition 20B reads as follows:

 

20B. The vehicles mentioned in condition 20A shall be provided with a reversing warning system other than high frequency beepers to the satisfaction of Council’s Manager of Development Assessment.

 

Information submitted by the applicant indicates that switches have been installed in the delivery trucks to allow for silencing of the reversing beepers. This is not strictly in accordance with the terms of condition 20B. However, provided that the switch is utilised appropriately, it would have the desired effect of minimising the noise impact on nearby properties. It is recommended that condition 20B be modified to require the reversing beepers to be silenced for all truck movements that occur outside the approved operating hours, pursuant to condition 20A.

 

It is also recommended that condition 20A be amended to clarify the time for AM truck departures on Sundays and public holidays. As it currently reads, condition 20A allows for up to two delivery vehicles to depart the site between 4 am and 7 am on any day of the week. On Sundays and public holidays, the laundry operations are not to commence until 9 am. The applicant has requested that condition 20A be amended to provide for up to two vehicle departures between 4 am and 9 am. This is considered acceptable given there are no additional truck movements proposed, and as such there would not be any increase in noise emissions beyond that which has already been assessed and approved. This is reflected in the amended condition set provided at attachment 2.

 

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 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))

 

The likely environmental, social and economic impacts of the development have been assessed and are considered satisfactory.

 

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

 

The site is considered suitable for the development as proposed to be modified.

 

Submissions made in accordance with the Act or Regulation

 

 

In accordance with Part E - Public Participation of HDCP 2013, the proposal was publicly notified for a period of 14 days from 4 to 18 September 2019. As a result of the notification, Council received two public submissions.

 

The issues raised in the submissions are addressed in the following table:

 

Concern

Response

Ongoing non-compliance with approved hours – trucks leave well before 7 am and arrive well after 7 pm

The laundry is currently operating subject to a trial period for extended hours of operation. The conditions that currently apply provide for up to two truck movements between 4 am and 7 am, and one truck movement between 4 pm and 7 pm. Council has no record of any complaints regarding trucks arriving at the site after 7 pm. However, this would constitute a non-compliance with the consent.

Over 40 complaints made to Council since September 2017 regarding operation outside approved hours, resulting in 6 infringement notices being issued by Council

Since the determination of the previous modification application (DA 2016/8/3) by the CLPP in November 2018, Council has received a number of complaints regarding noise from the premises. This includes 35 complaints via email between 7 April 2019 to 12 April 2019. However, none of those complaints have been substantiated by Council, and no penalty notices have been issued.     

Acoustic reports indicate that noise increases overnight

Acoustic impacts of the hours of operation and additional vehicle movements were assessed under previous modifications, and were considered satisfactory subject to conditions.

 

No new acoustic report was submitted with this application.

Majority of machinery at the laundry is operated by gas and as such electricity data does not prove that the laundry isn’t operating overnight.

According to Council’s Environmental Health Officer, gas is used to generate hot water and steam and is not used as a motive power source (to drive washing machine and/or dryer baskets/drums) and therefore, gas would not be consumed independent of the washing machine or dryer being used.

 

All machines other than a boiler are operated by electricity. Council requested electricity data from the provider in October 2017 to assist in investigating allegations that the laundry was operating outside the approved hours.

 

Council officers were satisfied, following their review of the electricity data, and other available information, that the laundry is not operating outside the approved hours.

EPA investigation established that noise is not emanating from an operation in Herbert Place, Smithfield.

Council has requested, but as yet has not received, confirmation from EPA regarding whether the identified operation at Herbert Place, Smithfield, is complying with the conditions of its EPA licence.

Trucks associated with the laundry continue to use high frequency reversing beepers.

Information provided by the applicant indicates that low frequency reversing beepers have not been installed as required by condition 20B. However, switches have been installed to silence the reversing beepers, and this has been confirmed by Council’s Development Compliance Officer. It is recommended that condition 20B be modified to require that the silencing switches be engaged when truck movements permitted by condition 20A are occurring. High frequency reversing beepers can still be utilised when truck movements occur within the standard operating hours, or if the truck is being used at a different location. 

Out of hours water usage

The mains water supply pressure is inadequate for the laundry during the normal operating times. Therefore, it is necessary to fill the water tanks at a time when other nearby businesses are closed and/or not drawing water. The automatic filling of water tanks is not considered to be an ‘activity’ for the purposes of condition 20, and as such, water usage (in the absence of electricity data) is not considered to constitute evidence that the laundry is ‘operating’ outside its approved hours.

Request for the application to be referred to the Cumberland Local Planning Panel for determination.

The application is being reported to the CLPP for determination in accordance with State and local policies.

 

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

 

The public interest is served by permitting the orderly and economic use of land, in a manner that is sensitive to the environment and has regard to the reasonable amenity expectations of surrounding land users. In view of the foregoing analysis, it is considered that approval of the application would not be contrary to the public interest.

 

Disclosure of Political Donations And Gifts

The application and notification process did not result in disclosure of any political donations or gifts.

Conclusion:

 

The subject modification application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, Holroyd Local Environmental Plan 2013 and the Holroyd Development Control Plan 2013. There is no evidence that the extended hours of operation, or the additional truck movements are resulting in any adverse impacts in the locality. Accordingly, it is considered appropriate to approve this application and allow for permanent extension of the hours of operation and additional out of hours truck movements. 

Consultation:

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

Financial Implications:

There are no 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 DA 2016/8/4 which seeks approval for permanent continuation of extended hours of operation and out of hours, limited vehicle access to commercial laundry, be approved subject to the conditions within the draft notice of determination provided at attachment 3.

2.       That the persons who lodged a submission in respect of the application be notified of the determination.

 

Attachments

1.      HLEP 2013 Compliance Table  

2.      HDCP 2013 Compliance Table  

3.      Draft Notice of Determination  

4.      Applicant's Planning Statement  

5.      Redacted Public Submissions   

 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP079/19

Attachment 1

HLEP 2013 Compliance Table


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP079/19

Attachment 2

HDCP 2013 Compliance Table


Cumberland Local Planning Panel Meeting

 10 December 2019


DOCUMENTS
ASSOCIATED WITH
REPORT LPP079/19

Attachment 3

Draft Notice Of Determination


Cumberland Local Planning Panel Meeting

 10 December 2019

 

 

 

 

10 December 2019

         

 

Planning Law Solutions Pty Ltd

Level 11, 65 York Street

SYDNEY  NSW  2000

 

 

Dear Sir/Madam

 

Premises: 84-88 Warren Road Smithfield

Section 4.55(1A) modification to development consent no.  2016/8/1

Modification application no.  2016/8/4

 

I refer to your application lodged on 12 August 2019 seeking amendment to DA 2016/8/1 issued for use of premises as a commercial laundry. The modification application seeks consent for permanent continuation of extended hours of operation and out of hours limited vehicle access.

 

Pursuant to section 4.55(1A) of the Environmental Planning & Assessment Act 1979, Council grants approval for the modification sought.

 

Accordingly, Development Consent 2016/8/1 is amended as follows:-

 

Condition 20 is amended to read as follows:-

 

20.       For the purposes of preserving the amenity of neighbouring occupations and residents, hours of operation of the premises are to be restricted to between:-

 

·    7 am to 7 pm Monday to Saturday

·    9am to 4pm on Sundays and public holidays.

 

Outside the approved hours of operation, there shall be no activity on the site. “Activity” includes, but is not limited to, cleaning, maintenance, running of machines and arrival or departure of delivery vehicles.

 

Condition 20A is amended to read as follows:-

 

20A.    Despite condition 20, the following arrival and departure of delivery vehicles is permitted:

 

(a)  Between 4 am and 7 am on any day of the week, up to two delivery vehicles may depart the site;

(b)  Between 4 am and 9 am on Sundays and public holidays, up to two delivery vehicles may depart the site; and

(c)  Between 4 pm and 7 pm on Sundays and public holidays, one delivery vehicle may enter the site,

 

provided that such vehicle movements do not involve the loading or unloading of that vehicle within these hours.

 

Condition 20B is amended to read as follows:-

 

20B.    High frequency reversing beepers are not to be used for any vehicle movement occurring pursuant to condition 20A.

 

The following condition is added:-

 

38.       The endorsed Plan of Management is to be reviewed every 12 months and any necessary modifications approved by Council’s Manager Health & Environmental Protection prior to implementation.

 

All other conditions of Development Consent 2016/8 as amended remain unchanged.

 

Section 8.9 of the Environmental Planning & Assessment Act 1979 confers upon an applicant, dissatisfied with Council’s determination of an application made pursuant to Section 4.55(1A) a right of appeal to the Land and Environment Court within 6 months of the date of determination.

 

Section 8.3 of the Act provides that an applicant may request, within 28 days of the date of determination of the section 4.55(1A) application, that the Council review its determination (this does not apply to designated development). A fee is required for this review.

 

If you have any further enquiries please contact Miss S Pritchard of Council’s Environment & Infrastructure Division on 02 8757 9959, Monday to Friday.

 

Yours faithfully,

 

 

 

Sohail Faridy

COORDINATOR DEVELOPMENT ASSESSMENT

 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP079/19

Attachment 4

Applicant's Planning Statement


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP079/19

Attachment 5

Redacted Public Submissions


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


 


 


 


 


 


 


Cumberland Local Planning Panel Meeting

10 December 2019

 

Item No: LPP080/19

Section 4.55(2) Modification Application for 127-129 Great Western Highway, Mays Hill

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA 2016/490/4  

 

 

Application lodged

23 August 2019

Applicant

Baini Design Pty Ltd

Owner

Dardas (Aust) Pty Ltd

Application No.

2016/490/4

Description of Land

127-129 Great Western Highway Mays Hill

Proposed Development

Section 4.55(2) modification application for internal and external alterations and additions including additional cleaner’s storage and WC at upper basement level, reconfiguration of unit 31, changes to external materials and finishes, provision of a communal WC within the rooftop communal open space, and modifications to median strip requirements

Site Area

1085.7 m2

Zoning

B6 – Enterprise Corridor

Principal development standards

Height of Buildings –  23 m & 17 m

Floor Space Ratio – 2.0:1

Disclosure of political donations and gifts

Nil disclosure

Heritage

Subject site is not within the vicinity of any heritage item or heritage conservation area

Issues

·  Height non-compliance

·  Streetscape presentation

·  Design quality

Summary:

1.      The subject application was lodged on 23 August 2019 and notified to surrounding properties from 18 September to 9 October 2019. No submissions were received as a result of the notification.

2.      The application was deferred on 17 October 2019 and amended plans were submitted on 31 October 2019.

3.      The application is being reported to the Cumberland Local Planning Panel (CLPP) for determination as it involves a variation to the height of buildings development standard.

 

4.      The subject application has been assessed against the relevant provisions of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Infrastructure) 2007, Holroyd Local Environmental Plan (HLEP) 2013 and Holroyd Development Control Plan (HDCP) 2013.

5.      The proposed modification application seeks consent for additional structures within the rooftop communal open space area that would exceed the applicable height of buildings standard. These variations are not supported, as discussed in detail in the report. The proposal also results in a minor increase in the overall height to the top of the lift overrun which is considered supportable. The extent of the variation proposed is as follows:

Control

Required

Proposed

% Variation

Height of building

23 m max

25.485 m

10.8%

6.      The application is recommended for part approval subject to the conditions set out in the draft determination at attachment 4.

Report:

Introduction

The subject site is known as 127-129 Great Western Highway Mays Hill, and is legally described as lot 1 in DP 433208, and lot 332 in DP 13239. The site has an area of 1014.91 m2, frontage of 47.245 m to Great Western Highway and 39.985 m to Burnett Street. The site currently contains two detached dwellings with associated outbuildings and a number of established trees. Demolition of existing structures and removal of trees was approved under the original application.

The site is zoned B6 – Enterprise Corridor, as are the majority of the surrounding sites. The land to the south east is zoned R2 – Low Density Residential.

There is current approval for a seven storey mixed use development with ground floor business space, and 31 residential units on the subject site. The locality is undergoing transition to higher density developments in line with the planning controls that currently apply.

Aerial view of the locality with subject site shown hatched. Source: Cumberland Council 2019

Zoning map with subject site shown hatched. Source: Cumberland Council 2019

Subject site – Great Western Highway frontage.  Source: Google maps 2019

 

Subject site – Burnett Street frontage. Source: Google maps 2019

Description of The Proposed Development

Proposed amendments as identified in the planning statement submitted with the application are as follows:

·    Inclusion of cleaner’s storage and WC at upper basement level

·    Reconfiguration of unit 31 layout on sixth floor

·    Additional pool/spa, toilet and outdoor entertaining area to roof top terrace

·    Change of brick finish to Hebel system for external and internal walls

·    Amendment to façade to remove ‘birds nest’ treatment

·    Adjustment to planter boxes to adopt potted plants

·    Provision of roof awning to the top floor lift entries

·    Adjustment to awning to construct it of concrete instead of steel

·    Change the deferred commencement condition to remove Roads and Maritime as an approval agency for the median strip works as this is a matter for Council.

·    Median strip condition to be moved to prior to OC instead of deferred commencement.

There is no change to the unit mix under this modification application. The development as approved provides for 4 x 1 bedroom units (12.9%), 24 x 2 bedroom units (77.4%), 3 x 3 bedroom units (9.6%).

Application History

Date

Action

3 October 2017

DA 2016/490 approved under delegated authority for 7 storey mixed use development with 27 residential units and 41 car spaces under SEPP ARH.

18 December 2018

DA 2016/490/2 approved by CLPP for internal and external modifications including an additional 4 x 1 bedroom units.

24 July 2019

DA 2016/490/3 rejected due to insufficient information being submitted with the application

23 August 2019

DA 2016/490/4 (subject modification application) lodged with Council.

18 September to 9 October 2019

DA 2016/490/4 placed on public notification. No submissions were received as a result of the notification.

17 October 2019

Application deferred seeking additional information and amended plans.

31 October 2019

Amended plans and additional information submitted by the applicant.

10 December 2019

Application referred to CLPP for determination.

Applicant’s Supporting Statement

A Statement of Environmental Effects prepared by Think Planners dated 20 August 2019 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

Development Engineering

The application was referred to Council’s Development Engineer for comment. The response received 20 November 2019 indicates that the proposal is satisfactory, subject to some minor amendments to the proposed conditions.

The applicant seeks to move condition 2 of schedule A, to the ‘prior to the issue of an occupation certificate’ section of the consent. Condition 2 requires that the applicant obtain approval from RMS, City of Parramatta Council and from the Cumberland Local Traffic Committee for the design of the median strip to be constructed in Burnett Street.

Burnett Street is a local road under the control of Council, with Cumberland having responsibility for the western half, and City of Parramatta for the eastern half of the street. Specific approval from RMS is not required for works in a local road. It is noted that, following consideration by the City of Parramatta Traffic Committee, the matter was reported to the Cumberland Local Traffic Committee (LTC) on 6 November 2019. Final approval will be obtained when the matter is reported to Council on 4 December 2019.

It is not considered necessary to move condition 2 to the ‘prior to the issue of an occupation certificate’ section of the consent, as the LTC approval will have already been obtained prior to the commencement of works. Conditions 183 to 186 on the original consent require the median strip works to be completed, and documentation submitted to Council prior to the issue of an occupation certificate. There is also a condition requiring payment of a $20,000 bond for the satisfactory completion of the works, prior to the issue of a construction certificate. Accordingly, it is recommended that condition 2 of schedule A be deleted.


 

External Referrals

 

The application was not required to be referred to any external agencies. However, it is noted that the applicant has provided written confirmation from RMS with the application that there are no concerns with the proposed modification, and that RMS has no approval role in the design or construction of a median strip in Burnett Street. Accordingly, it is recommended that references to any RMS approval for the median strip be deleted from the conditions. This is reflected in the draft determination at attachment 5.

 

Planning Assessment

 

Section 4.55 of the Environmental Planning and Assessment Act 1979 (EP & A Act)

 

Pursuant to section 4.55(2) of the Act, a consent authority may, on application being made by the applicant or any other person entitled to act on a consent and subject to and in accordance with the regulations, modify the consent if:

 

Requirement

Comment

It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

The Panel can be satisfied that the development will be substantially the same as that for which consent was originally granted in terms of the building envelope, mix of uses, nature and extent of environmental impact. 

It has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

No Minister, public authority or other approval body was required to be consulted.

It has notified the application in accordance with:

(i)  the regulations, if the regulations so require, or

(ii)  a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

The application was notified in accordance with Holroyd Development Control Plan 2013.

It has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

No submissions were received as a result of the notification.

In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application.

 

 

 

 

 

 

i)               The provisions of the applicable EPIs are discussed elsewhere in this report.

The provisions of the applicable DCP are discussed elsewhere in this report.

 

There are no planning agreements or draft planning agreements related to this application.

 

There are no relevant matters prescribed by the regulations.

 

The likely impacts of the development as proposed to be modified are considered satisfactory.

 

The site is considered to be suitable for the development as proposed to be modified.

 

No submissions were received as a result of the notification.

 

Approval of the subject application would not be contrary to the public interest.

The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

(a) There were no reasons given for the grant of the original consent. The reason given for the approval of the previous modification application is not relevant to the subject modification application.

Section 4.15 of the Environmental Planning and Assessment Act 1979

Environmental Planning Instruments

The following Environmental Planning Instruments are relevant to the assessment of the subject application:

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

The requirement at clause 7 of SEPP 55 for the consent authority 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 site contamination.

(b)     State Environmental Planning Policy (Infrastructure) 2007

The relevant provisions of the SEPP (clauses 45, 101, 102, 103) were considered in assessment of the original application. The proposed modification do not raise any new concerns regarding the impact of the proposal on the Great Western Highway, or the impact of road noise on the proposed development. The application was not required to be notified to any public authority.

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

BASIX certificate 933380M_02 dated 19 July 2018 was submitted with the amended plans. The certificate achieves target scores and is generally consistent with the architectural plans.

A condition was imposed on the original consent to require that 3 star gas instantaneous hot water systems be shown on the architectural plans prior to the issue of a construction certificate. The amended BASIX certificate provided with this application requires a central hot water system for connection to all dwellings. The draft determination at attachment 5 provides for the relevant condition to be amended to reflect the updated BASIX commitment.

The BASIX certificate also requires an 8 kwh photovoltaic system. Amended plans provided by the applicant show some of the required PV cells on the roof over the eastern lift overrun and communal toilet. As the toilet is recommended to be deleted, this will reduce the amount of roof area available. As such, a condition is included in the draft determination to require the location of the PV system to be clearly shown on the plans prior to the issue of a construction certificate.

(d)     State Environmental Planning Policy (Affordable Rental Housing) 2009

The subject development is defined as ‘in-fill affordable housing’ under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009. 

The provisions of the SEPP were considered in the assessment of the original application, and the proposed modification results in a reduction in the total amount of landscaped area provided. The application has not been made by a social housing provider. As such, 30% of the site (minimum 325.71 m2) is required to be landscaped.

Amended plans show a total of 163.2 m2 of landscaped area which equates to 15% of the site. This is less than the required minimum, and less than the 23% approved under the previous modification. However, given the location of the site within the B6 zone and the DCP setback controls that apply, the variation is considered supportable.

The proposed modifications do not affect compliance with any of the other relevant standards of the SEPP. A comprehensive assessment is provided at attachment 1.

(e)     State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (SEPP 65)

The proposal is classified as a residential apartment development and SEPP 65 applies. A design verification statement was submitted with the amended application. The statement does not address the requirement of the Regulation (115(3A)(c)) to verify that the modifications do not diminish or detract from the design quality, or compromise the design intent, of the development for which the development consent was granted. It also fails to specifically address the amendments to the design that are proposed under this modification application. However, subject to amendments as set out in the draft conditions, Council is satisfied that the design quality of the development will be maintained.

The approved schedule of finishes includes a mix of face brick, Alucobond cladding, and rendered painted surfaces. The subject application seeks to replace the Alucobond and brick elements with rendered Hebel. This is considered satisfactory, as the proposed finishes schedule still contains a mixture of different colours, and the facades are well articulated.

The proposed deletion of the ‘birds nest’ element is not supported. This is considered to be an important element of the approved design that contributes significantly to the visual interest of the development from both frontages. A condition is included in the draft determination to require that this element be reinstated.

A comprehensive assessment against the Apartment Design Guide (ADG) controls is provided at attachment 2.

(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)     Holroyd Local Environmental Plan 2013 (HLEP 2013)

The proposal is defined as ‘shop top housing’ (one or more dwellings located above ground floor retail premises or business premises) under the provisions of HLEP 2013. Shop top housing is permitted with consent in the B6 – Enterprise Corridor zone which applies to the land.

The proposed modifications do not result in any new non-compliances with the relevant LEP standards. However, the proposal does increase the volume and extent of the height exceedance. An assessment against all relevant LEP provisions is provided at attachment 3. The height variation is discussed in detail below.

Height of buildings

In accordance with the Height of Buildings Map accompanying HLEP 2013, a maximum height of 23 m applies to the majority of the site. The southern portion that is to be developed for the purpose of a laneway connecting Burnett and Robilliard Streets has a height limit of 17 m.

The development as approved includes a height variation of approximately 2 m at the easternmost lift overrun. The western lift overrun, and the majority of the balustrading surrounding the rooftop COS also exceeds the height limit.

The subject modification application seeks to introduce the following additional building elements above the maximum height limit:

·        spa pool

·        feature wall and shade sail

·        BBQ

·        communal toilet and sink

·        cabana

The spa pool, feature wall, and cabana proposed under this application will exceed the maximum height limit are not considered supportable in this instance for the following reasons:

·        the proposed structures will result in additional visual bulk, as viewed from the public domain and from surrounding properties.

·        the development as approved already provides for sufficient communal open space for residents of the building.

·        the approved height variation relates only to the common circulation spaces and balustrading, which are required to provide access and safety to the rooftop area.

·        approval of the proposed structures would set an undesirable precedent for other development in the locality.

·        sufficient environmental planning grounds to justify the departure have not been advanced by the applicant.

A condition is included in the draft determination to require that those additional rooftop elements be deleted.

Having communal toilet facilities on the rooftop is considered generally desirable, as these facilities will make it possible for a wider range of residents to make use of the rooftop communal open space area, and to spend more time enjoying that space. Without a communal toilet, elderly residents or people with young children may find it impractical to use the rooftop terrace. However, in this case the proposed facilities would result in a non-compliance with both the FSR and height of buildings standards. Council is not satisfied that the location of the toilet as shown on the plans is the most appropriate for minimising impacts on the streetscape and neighbouring properties. Furthermore, no information was submitted by the applicant to support a variation to the FSR standard. Accordingly, the toilet facilities are recommended to be deleted.

The proposal also seeks to increase the overall height of the building at the roof over the communal toilet to 25.485 m. This represents a 10.8% variation to the height standard of 23 m. Although this is a modification application and clause 4.6 does not apply, the applicant provided a written request to vary the standard to allow for the additional structures, as listed above. However, the applicant’s request does not accurately detail the extent of the variation, nor does it provide any specific environmental planning grounds that would justify the contravention of the standard.

The applicant’s variation request is included in the SEE, provided at attachment 7 to this report.

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

No draft Environmental Planning Instruments apply to the proposal.

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

(a)     Holroyd Development Control Plan 2013

HDCP 2013 contains general controls which relate to all developments under Part A, residential controls under Part B, Transit way station precinct controls under Part N, and commercial controls under Part C.

A comprehensive HDCP compliance table is attached to this report at attachment 4. Subject to compliance with the draft conditions, there are no new DCP non-compliances as a result of the proposed modifications.

The following table provides a summary of the proposed modifications that have not been addressed elsewhere in this report.

 

Proposed modification

Comment

Inclusion of cleaner’s storage and WC at upper basement level

 

Basement storage is specifically excluded from the definition of Gross Floor Area. However, the proposed WC has been included in the FSR calculation.

Reconfiguration of unit 31 layout on sixth floor

 

As proposed to be modified, apartment 31 will comply with all relevant ADG controls including internal storage, living room size. The reconfiguration of this unit is supported.

Adjustment to planter boxes to adopt potted plants

The proposed adjustment from planter boxes to potted plants is considered satisfactory. Details of the pot design have been provided on the amended landscape plan.

Adjustment to awning to construct it of concrete instead of steel

Council has no concerns with the proposal to construct the awning from concrete instead of steel.

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 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)

The likely environmental, social and economic impacts of the development have been assessed and are considered satisfactory.

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

The site is considered suitable for the development as proposed to be modified.

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

In accordance with Part E - Public Participation of HDCP 2013, the proposal was publicly notified from 18 September to 9 October 2019. No submissions were received as a result of the notification.

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

The public interest is served by permitting the orderly and economic use 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 approval of the proposed development, as amended by the conditions included in the draft determination, would not be contrary to the public interest.

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

The subject development requires the payment of contributions in accordance with Holroyd Section 94 Development Contributions Plan 2013. A condition was imposed on the original consent requiring the payment of contributions prior to the issue of a construction certificate. The proposed modifications do not affect the value of the required contributions.

Disclosure of Political Donations And Gifts

The application and notification process did not result in any disclosure of any political donations or gifts.

Conclusion:

The modification application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, State Environmental Planning Policy (Affordable Rental Housing) 2009, Holroyd Local Environmental Plan 2013 and the Holroyd Development Control Plan 2013 and is considered to be satisfactory.

Consultation:

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

Financial Implications:

There are no 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.

 

Report Recommendation:

 

That DA 2016/490/4 which seeks consent for internal and external alterations and additions including additional cleaner’s storage and WC at upper basement level, reconfiguration of unit 31, changes to external materials and finishes, provision of a communal WC within the rooftop communal open space, and modifications to median strip requirements, be approved in part, subject to the conditions within the draft notice of determination provided at attachment 5.

 

 

Attachments

1.      SEPP (ARH) 2009 Compliance Table  

2.      ADG Compliance Table  

3.      HLEP 2013 Compliance Table  

4.      HDCP 2013 Compliance Table  

5.      Draft Notice of Determination  

6.      Architectural Plans  

7.      Applicant's SEE  

8.      Original Consent- DA 2016/490/1   

 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP080/19

Attachment 1

SEPP (ARH) 2009 Compliance Table


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP080/19

Attachment 2

ADG Compliance Table


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP080/19

Attachment 3

HLEP 2013 Compliance Table


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP080/19

Attachment 4

HDCP 2013 Compliance Table


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP080/19

Attachment 5

Draft Notice Of Determination


Cumberland Local Planning Panel Meeting

 10 December 2019

 

 

 

 

10 December 2019

 

 

Baini Design

PO Box 1750

NORTH PARRAMATTA  NSW  1750

 

 

Dear Sir/Madam

 

Premises: 127-129 Great Western Highway Mays Hill

Section 4.55(2) modification to development consent no.  2016/490/1

Modification no. 2016/490/4

 

I refer to your application lodged on 23 August 2019 seeking amendment to DA 2016/490/1 issued for demolition of existing structures; construction of a 7 storey mixed use development comprising 27 residential units; ground floor commercial space above basement parking accommodating 41 car parking spaces under Affordable Rental Housing SEPP 2009. The modification application seeks approval for internal and external alterations and additions including additional cleaner’s storage and WC at upper basement level, reconfiguration of unit 31, changes to external materials and finishes, provision of a communal WC within the rooftop communal open space, and modifications to median strip requirements.

 

Pursuant to section 4.55(2) of the Environmental Planning & Assessment Act 1979, Council grants approval for the modifications sought, subject to the following conditions:

 

Development Consent 2016/490/1 is amended as follows:-

 

          Schedule A

 

Condition 2 of schedule A is deleted.

 

Median Island

 

2.        The median island on Burnett Street shall be extended to Napier Street subject to consultation and approval of the City of Parramatta Council, Roads and Maritime Services and Cumberland Councils’ Traffic Committee.

 

A plan of the proposal and supporting documentation including traffic reports/studies is required to be submitted two weeks prior to the Cumberland Traffic Committee meeting date. It is also noted that the traffic consultant, applicant or representatives will generally be required to present and answer questions at the Cumberland Traffic Committee meeting.

 

 

 

Schedule B

 

Condition 2 of schedule B is amended to read as follows:

 

2.         Development shall take place in accordance with the following plans and information, except where amended by the conditions of this consent:

·        Architectural plans prepared by DA Designworx, Project Number 15-029, listed below:

 

Drawing No. DA-01

Site Plan

Iss. C

Dated 10/07/2017

Drawing No. DA-03

Lower Basement Plan

Iss. C

Dated 10/07/2017

Drawing No. DA-04

Upper Basement Plan

Iss. C

Dated 10/07/2017

Drawing No. DA-05

Ground Floor Plan

Iss. C

Dated 10/07/2017

Drawing No. DA-06

First Floor Plan

Iss. C

Dated 10/07/2017

Drawing No. DA-07

Second Floor Plan

Iss. C

Dated 10/07/2017

Drawing No. DA-08

Third Floor Plan

Iss. C

Dated 10/07/2017

Drawing No. DA-09

Fourth Floor Plan

Iss. C

Dated 10/07/2017

Drawing No. DA-10

Fifth Floor Plan

Iss. C

Dated 10/07/2017

Drawing No. DA-11

Sixth Floor Plan

Iss. C

Dated 10/07/2017

Drawing No. DA-12

Roof Plan

Iss. C

Dated 10/07/2017

Drawing No. DA-13

Section A-A / Streetscape Elevations

Iss. C

Dated 10/07/2017

Drawing No. DA-14

Section B-B, C-C, D-D, E-E / Driveway Section

Iss. C

Dated 10/07/2017

Drawing No. DA-15

North Elevation

Iss. C

Dated 10/07/2017

Drawing No. DA-16

East Elevation

Iss. C

Dated 10/07/2017

Drawing No. DA-17

South Elevation

Iss. C

Dated 10/07/2017

Drawing No. DA-18

West Elevation

Iss. C

Dated 10/07/2017

 

·        Landscape plans prepared by Vision Dynamics Pty Ltd, listed below:

 

Drawing No. 16060 DA 1-2

Rev. C

Dated 07/04/2017

Drawing No. 16060 DA 2-2

Rev. C

Dated 07/04/2017

 

·        Stormwater plans prepared by Umbrella Consulting Engineers, Project Number ACE151163.SW.DA, OSD Plan Number 2016-335, listed below:

 

Drawing No. 101

Stormwater Layout Plan Lower Basement Level Sheet 1 of 2

Iss. F

Dated 05/04/2017

Drawing No. 102

Stormwater Layout Plan Basement Level Sheet 2 of 2

Iss. F

Dated 05/04/2017

Drawing No. 103

Stormwater Layout Plan Upper Basement Level

Iss. F

Dated 05/04/2017

Drawing No. 104

Stormwater Layout Plan

Iss. F

Dated 05/04/2017

Drawing No. 105

Stormwater Layout Plan Level 1, 2 & 3

Iss. F

Dated 05/04/2017

Drawing No. 106

Stormwater Layout Plan Level 4 & 5

Iss. F

Dated 05/04/2017

Drawing No. 107

Stormwater Layout Plan Level 6 & Roof Plans

Iss. F

Dated 05/04/2017

Drawing No. 108

On-Site Detention Details and Calculation Sheets

Iss. F

Dated 05/04/2017

Drawing No. 109

Catchment Plan & Miscellaneous Details Sheet

Iss. F

Dated 05/04/2017

 

·        Annexure “A” to Transfer Granting Easement prepared by Peter Terence Wright, Undated;

·        Waste Management Plan, dated August 2016;

·        External Materials and Finishes prepared by Design Cubicle, Job Number 160778, Undated;

·        BASIX Certificate Number 718366M_02, dated 26 October 2016;

·        Acoustic Report prepared by Rodney Stevens Acoustics, Report Number 150520R1, Revision 0, dated 18 January 2017;

·        Correspondence from Roads and Maritime Services, Reference Number SYD15/01288/03, dated 12 December 2016 (copy attached), and all conditions contained therein;

·        Correspondence from NSW Police Force – Holroyd Local Area Command Correspondence, Police Reference Number D/2016/679416, dated 17 January 2017(copy attached), and all conditions contained therein; and

·        All details, including plans and reports, approved by Council in accordance with the conditions in Schedule 'A';

 

a)      As amended in red by Council. All amendments are to be incorporated in the Construction Certificate plans.

 

As amended by the following plans and documents approved by application 2016/490/2, dated 18 December 2018:

 

Architectural Plans prepared by Baini Design, Project No. 18051

Dwg No.

Issue

Title

Date

01

H

Cover Sheet

Nov 2018

02

H

Lower Basement Floor Plan

Nov 2018

03

H

Upper Basement Floor Plan

Nov 2018

04

G

Site Plan/Ground Floor Plan

Oct 2018

05

E

First Floor Plan

May 2018

06

E

Second Floor Plan

May 2018

07

E

Third Floor Plan

May 2018

08

E

Fourth Floor Plan

May 2018

09

E

Fifth Floor Plan

May 2018

10

G

Sixth Floor Plan

Oct 2018

11

E

Roof Terrace Plan

May 2018

12

E

North Elevation, West Elevation

May 2018

13

E

South Elevation, East Elevation

May 2018

14

E

Section A-A

May 2018

15

E

Section B-B

May 2018

 

·        Landscape plans prepared by Vision Dynamics Pty Ltd, Drawing Nos. 16060 S96 1-2 &16060 S96 2-2, Revision C, dated 3 April 2018;

 

·        Stormwater plans prepared by Australian Consulting Engineers, Project Number 151163, OSD Plan Number 2016-335, listed below:

 

Drawing No.

Title

Revision

Date

000

Cover Sheet, Notes & Legend

G

09/03/2018

101

Stormwater Layout Plan, Lower Basement Level, Sheet 1 of 2

G

09/03/2018

102

Stormwater Layout Plan, Basement Level, Sheet 2 of 2

G

09/03/2018

103

Stormwater Layout Plan, Upper Basement Level

G

09/03/2018

104

Stormwater Layout Plan, Ground Level

G

09/03/2018

105

Stormwater Layout Plan, Level 1

G

09/03/2018

106

Stormwater Layout Plan, Level 2

G

09/03/2018

107

Stormwater Layout Plan, Level 3

G

09/03/2018

108

Stormwater Layout Plan, Level 4

G

09/03/2018

109

Stormwater Layout Plan, Level 5

G

09/03/2018

110

Stormwater Layout Plan, Level 6

G

09/03/2018

111

Stormwater Layout Plan, Roof Plan

G

09/03/2018

112

On-Site Detention Details and Calculation Sheets

G

09/03/2018

113

Catchment Plan & Miscellaneous Details Sheet

G

09/03/2018

 

·        BASIX Certificate Number 921961M, dated 27 April 2018;

·        Correspondence from Roads and Maritime Services, Reference Number SYD15/01288/06, dated 18 June 2018 (copy attached), and all conditions contained therein.

 

As amended by the following plans and documents approved under the subject modification application dated 10 December 2019:

 

Architectural Plans prepared by Baini Design, Project No. 18051

Dwg No.

Issue

Title

Date

01

B

Cover Sheet

Jun 2019

02

C

Lower Basement Floor Plan

Oct 2019

03

C

Upper Basement Floor Plan

Oct 2019

04

B

Site Plan/Ground Floor Plan

Jul 2019

05

B

First Floor Plan

Jul 2019

06

B

Second Floor Plan

Jul 2019

07

B

Third Floor Plan

Jul 2019

08

B

Fourth Floor Plan

Jul 2019

09

B

Fifth Floor Plan

Jul 2019

10

B

Sixth Floor Plan

Jul 2019

11

C

Roof Terrace Plan

Oct 2019

12

C

North Elevation, West Elevation

Oct 2019

13

C

South Elevation, East Elevation

Oct 2019

14

B

Section A-A

Jul 2019

15

B

Section B-B

Jul 2019

16

C

Roof plan

Oct 2019

 

·        Landscape plans prepared by Vision Dynamics Pty Ltd, Drawing Nos. 16060 S4.55 1-2 & 16060 S4.55 2-2, revision E, dated 23 October 2019;

·        BASIX certificate number 921961M_02, dated 15 August 2019;

 

Condition 46 is amended to read as follows:

 

46.      The location and specifications of the central hot water system shall be clearly shown on the architectural plans, and submitted to the certifying authority for approval prior to the issue of a construction certificate.

 

Condition 46A is added to read as follows:

 

46A.     The location of the 8kwh solar PV system as required by BASIX certificate number 921961M_02 is to be clearly shown on the architectural plans, and submitted to the certifying authority for approval prior to the issue of a construction certificate.

 

 

Condition 51 is amended to read as follows:

 

51.       The boom gate alongside car parking spaces R1, R10 and C5 at upper basement level shall be redesigned to allow a vehicle to enter and exit those car parking spaces in accordance with AS2890.1 – 2004.

 

Swept path diagrams shall be submitted to demonstrate that a vehicle can enter and exit accessible parking space R21 for unit 6 in accordance with AS2890.6-2009.

 

Details shall be submitted to the certifying authority for approval, prior to the issue of a construction certificate.

 

Condition 51A is added to read as follows:

         

51A.     The spa pool, surrounding feature wall, toilet, cabana and shade sail at rooftop level are to be deleted. Amended plans demonstrating compliance with this condition are to be submitted to the certifying authority for approval prior to the issue of the relevant construction certificate.

 

Condition 51B is added to read as follows:

 

51B.     The architectural ‘birds nest’ treatment as detailed on architectural plans prepared by DA Designworx, project no. 15-029, drawing numbers DA-15 and DA-16, issue C, dated 10 July 2017, is to be reinstated. Amended plans demonstrating compliance with this condition are to be submitted to the certifying authority for approval prior to the issue of the relevant construction certificate.

 

 

Condition 62 amended to read as follows:

 

62.      Fully detailed engineering construction drawings for the proposed median island extension within Burnett Street shall be submitted to the satisfaction of Council’s Manager Engineering and Traffic prior to the issue of a construction certificate.

 

Condition 68 is deleted

 

68.      All line marking proposed on the public road shall be thermoplastic.

 

Condition 69 is amended to read as follows:

 

69.      Any changes to the median island design are subject to consultation with City of Parramatta Council, and approval by Cumberland Local Traffic committee.

 

All other conditions of Development Consent 2016/490/1 remain unchanged.

 

As there are no more deferred commencement conditions to be satisfied, this consent is now operative. The date from which the consent operates is 10 December 2019. The date of expiry is 10 December 2024.

 

Note: This determination is strictly for the changes sought under the modification application 2016/490/4. No approval is granted or implied for any other works/changes to the subject development.

 

Section 8.9 of the Environmental Planning & Assessment Act 1979 confers upon an applicant, dissatisfied with Council’s determination of an application made pursuant to Section 4.55(2) a right of appeal to the Land and Environment Court.

 

Section 8.3 of the Act provides that an applicant may request, within 28 days of the date of determination of the section 4.55(2) application, that the Council review its determination (this does not apply to designated development). A fee is required for this review.

 

If you have any further enquiries please contact Miss S Pritchard of Council’s Environment and Planning Department on 02 8757 9959, Monday to Friday.

 

Yours faithfully,

 

 

 

Sohail Faridy

COORDINATOR DEVELOPMENT ASSESSMENT

 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP080/19

Attachment 6

Architectural Plans


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP080/19

Attachment 7

Applicant's SEE


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP080/19

Attachment 8

Original Consent- DA 2016/490/1


Cumberland Local Planning Panel Meeting

 10 December 2019


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Cumberland Local Planning Panel Meeting

10 December 2019

 

Item No: LPP081/19

Section 4.56 application for 44-46 Pegler Avenue, South Granville

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA-454/2017/B  

 

 

Application lodged

Thursday 22 August 2019.

Applicant

Unity Link (Vic) Pty Ltd.

Owner

Pegler Street Pty Ltd.

Application No.

DA-454/2017/B.

Description of Land

44 to 46 Pegler Avenue South Granville being Lot 62 Sec 1 in DP 5121 and Lot 4 in DP 36280.

Proposed Development

Section 4.56 application for various modifications to the approved mixed use development including an extension of slab and blade walls on the northern side of the building, increase the height of the lift overruns, reconfiguration of the ground floor and minor alterations to two apartments on Level 4, addition of a substation and fire hydrant booster, amendments to building materials and stormwater design.

Site Area

1,539.88 Square metres.

Zoning

B1 Neighbourhood Centre Zone.

Disclosure of political donations and gifts

Nil disclosure.

Heritage

The site is not listed as a heritage item within the Parramatta Local Environmental Plan 2011.

 

The nearby Dellwood Street shops situated at 12 Delllwood Street to the north is listed as a heritage item in the Parramatta Local Environmental Plan 2011 - Heritage Item I605.

Principal Development Standards

Floor Space Ratio

 

Permissible: - 2:1.

Proposed: - 1.893:1 which is reduced from 1.924:1.

 

And

 

Height of Building

 

Permissible: - 15 metres.

Proposed: - 16.5 metres at the lift overrun which is an increase of 700 mm and a variation of 10% to the control.

Issues

Height of the two lift over runs.

New Level 1 balconies.

Summary:

1.      As per a Section 34 Agreement under Section 34(3) of the Land and Environment Court Act 1979, consent orders for demolition of the existing dwellings and structures and construction of a five storey mixed use building complex comprising of two ground floor retail tenancies with four levels of apartments above and a two level basement car park for 54 vehicles was issued by the Land and Environment Court as deferred commencement consent on 9 July 2018, subject to conditions.

The deferred commencement consent has given two years for the deferred commencement consent conditions DC1 to be complied with.

2.      A Section 4.56 modification application was received on Thursday 22 August 2019 for various modifications to the approved mixed use development including an extension of slab and blade walls on the northern side of the building, increase the height of the lift overruns, reconfiguration of the ground floor and minor alterations to two apartments on Level 4, addition of a substation and fire hydrant booster, amendments to building materials and stormwater design.

3.      The application was publicly notified to occupants and owners of the adjoining properties including previous objectors for a period of fourteen (14) days between Tuesday 3 September and Tuesday 17 September 2019. There were no submissions to the modification sought.

4.      The variations are as follows:-

 

Control

Required

Provided

% variation

Clause 4.3 - Height of buildings of the Parramatta Local Environmental Plan 2011.

15 metres.

16.5 metres at one of the lift overruns.

10% variation to the control but an increase of 700 mm from the Court approval.

5.      The application is recommended for conditional approval subject to the conditions as provided in the attached schedule.

6.      The application is referred to the Panel as the proposal contravenes a development standard by 10%.

 

 

 

 

Report:

Subject Site And Surrounding Area

The site is located at 44 to 46 Pegler Avenue South Granville and comprises two allotments that have different size and dimensions. As a combined entity, the site has dimensions of 51.82 metres x 29.716 metres and a total area of 1,539.88 square metres.

Both allotments are used for residential purposes with both sites comprising a dwelling house with outbuildings such as sheds, a carport and awnings.

There is one tall eucalyptus tree situated across 44 Pegler Avenue. There are smaller trees scattered across the site including palms which are not significant species. The trees are approved to be removed as per the original approval.

The site has a fall towards Pegler Avenue by between 1.99 metres and 2.17 metres with the lowest point of the site situated at the south east corner.

The land uses within the locality vary considerably as follows:-

·        Single storey and two storey dwelling houses across various nearby allotments.

·        A dual occupancy development situated at 47 Pegler Avenue.

·        A Strata Title two storey townhouse development situated at 48 to 50 Pegler Avenue.

·        A medium density villa and townhouse development situated at 6 to 14 Adam Street and 284 Blaxcell Street.

·        A medical centre situated at 42 Pegler Avenue including a car park with vehicle access from a laneway.

·        A heritage listed group of shops with shop top housing above situated at 12 Dellwood Street (Dellwood Street shops). The shops act as a neighbourhood centre group of shops.

·        A TAB situated at 288 Blaxcell Street.

·        Parklands situated on the northern side of Dellwood Street at 11 Dellwood Street.

·        A car park situated adjacent to the parkland.

The site is shown on the aerial photo.

The site is shown on the aerial photo.

Photos of the site are provided below.

Site inspection 010Site inspection 008

Site inspection 006Site inspection 007

Site inspection 009

History

As per a Section 34 Agreement under Section 34(3) of the Land and Environment Court Act 1979, consent orders for demolition of the existing dwellings and structures and construction of a five storey mixed use building complex comprising of two ground floor retail tenancies with four levels of apartments above and a two level basement car park for 54 vehicles was issued by the Land and Environment Court as deferred commencement consent on 9 July 2018, subject to conditions.

Modification Application 454/2017/B

The Section 4.56 modification application was received by Council on Thursday 22 August 2019 for various modifications to the approved mixed use development. The application is the subject of the report to the Panel for determination.

Description of The Modified Development

Council has received a Section 4.56 modification application to undertake changes to the mixed use development. In detail the changes are:-

Basement car park

No changes are proposed to the basement car park and hence no formal assessment of the car park is required.

Ground floor

A number of alterations are proposed to the layout of the service rooms including the store room, pump room, bin stores and mechanical rooms. The alterations are:-

·        The bin store rooms are relocated and there is one bin store for the shops and one bin store for the residents.

·        The pump room is relocated from the northern side of the foyer and corridor to the southern side of the foyer and corridor.

·        A gas heating room and mechanical room is provided.

·        There is a slight change to the shops as shown in the table below.

 

 

Retail Tenancy

Approved size

Modified size

G01

49.44 square metres

46.07 square metres (A reduction of 3.37 square metres.

G02

133.43 square metres.

133.43 square metres (No change).

Total retail floor area

182.87 square metres.

179.5 square metres.

A reduction of 3.37 square metres.

·        An electricity substation is provided to the southern side of the building to provide an adequate electricity supply to the development.

·        A fire hydrant is incorporated into the front of the approved development which impacts on the size of retail tenancy G01.

·        The bin collection zone is mostly removed. The previous approval included a bin collection zone which would have required a garbage truck to be manoeuvred between two stairs which would have been difficult to achieve. Part of the zone is retained to allow for garbage collection within the driveway area. There is adequate room within the driveway to allow vehicles to pass safely.

There are minor changes to on site landscaping which is the result of the addition of the electricity substation to the development. In this regard, there is a minor reduction of landscaping at the south eastern corner of the development and a pathway is altered.

Level 1

The alterations to Level 1 are minor in extent and generally do not alter the configuration of the approved floor. In this regard:

·        The main bedroom of apartment 101 and 109 are provided with small balconies that occupy areas of 4.34 and 3.36 square metres respectively. In addition, the balconies are provided with planter boxes to allow for the planting of vegetation to act as privacy screens. It is considered appropriate not to support the additional balconies for apartments numbered 101 and 109 because they do not provide additional amenity to the bedrooms. There is no outlook from the bedrooms given the proposed planter boxes at the front of the balconies. Furthermore, there is an erosion of privacy within the affected bedrooms and limited opportunity to relocate windows. A condition is provided addressing the matter.

·        A blade wall is extended 800 mm for the main bedroom for apartments 101 and 109.

·        A fire rated window (glass block window) is relocated 1.2 metres for the main bedroom of apartment numbered 109 (Note: - The size of the approved window remains the same).

·        An area situated on the southern side of the building and above the car park ramp is now roofed rather than being left open. The roofed area is not accessible to residents.

Level 2

The alterations to Level 2 are minor in extent and generally do not alter the configuration of the approved floor. In this regard:

·        A blade wall is extended 800 mm for the main bedroom for apartments 201 and 209.

·        A fire rated window (glass block window) is relocated 1.2 metres for the main bedroom of apartment numbered 209 (Note: - The size of the approved window remains the same).

·        A rainwater concrete hob is provided for a non-trafficable roofed area at the front of the development to allow for improved stormwater drainage.

Level 3

The alterations to Level 3 are minor in extent and generally do not alter the configuration of the approved floor. In this regard:

·        A blade wall is extended 800 mm for the main bedroom for apartments 301 and 309.

·        A fire rated window (glass block window) is relocated 1.2 metres for the main bedroom of apartment numbered 309 (Note: - The size of the approved window remains the same).

 

 

 

 

Level 4

 

The alterations to Level 3 are minor in extent and there are minor alterations to apartments numbered 401, 402 and 405. In this regard:

·        A blade wall is extended 800 mm for the main bedroom for apartments 401 and 405.

·        The ensuite for the main bedroom of apartment 405 is relocated and modified in layout.

·        Apartment numbered 401 is reduced in size by 1.4 square metres to 98.3 square metres.

·        Apartment numbered 402 is increased in size by 1.5 square metres to 81.62 square metres. The increase affects a bedroom facing the rear.

·        Service ducts are provided to a corridor which is a minor addition to the plans.

·        The bathroom of apartment 403 is rearranged to improve its functionality.

·        A rainwater concrete hob is provided for two non-trafficable roofed areas along the southern side of the building to allow for improved stormwater drainage.

Other changes to the development

Lift over runs

The lift over runs of the development are increased in height by 700 mm to accommodate the supplier minimum requirements. As such, the development has a maximum height of 16.5 metres above the natural ground level which results in a variation to Clause 4.3 (Height) of the Parramatta Local Environmental Plan 2011. The variation is as much as 1.5 metres from the development standard.

As part of the Section 34 Agreement and subsequent Court approval to the original development application, the Land and Environment Court was required to determine a Clause 4.6 variation request to Clause 4.3 (Height) of the Parramatta Local Environmental Plan. This was granted as part of the proceedings.

The development initially breached Clause 4.3 (Height) provision of the Parramatta Local Environmental Plan by as much as 800 mm (5.3% variation). The modification increases the variation by as much as 700 mm (4.7%) thus resulting in a variation of 10% to the development standard. The 10% variation is most pronounced for the lift over run closest to the street with the variation to the rear lift over run being less at 6.6%.

The height of the remainder of the building including levels remains the same as that approved and no assessment is required.

Building materials

There is one change to the building materials to be used within the development being the cladding to be used. In this regard, Equitone Vitrabond G2 finish cladding is replaced with Hebel Power pattern cladding.

Floor space ratio

The floor space ratio of the development has been reduced slightly from 1.92 to 1.89 which has occurred due to a reduction of retail floor area of 3.37 square metres and a rearrangement of the ground floor services. The change to floor space ratio is relatively minor.

Stormwater drainage, parking and aisle access

An amendment to the stormwater drainage system, parking and vehicle access and deletion of the deferred commencement consent Condition DC1 is proposed. The deferred commencement consent was issued with the following deferred commencement consent condition that reads as:-

DC1 - Amended plans

Amended plans (3 Sets) addressing following shall be submitted to and approved by Cumberland Council:-

Connection to Council’s pipe system

a)      The proposed stormwater connection shall be redesigned in consultation with Cumberland Council’s stormwater engineers.

i)                

b)      A longitudinal section of the proposed 375 mm diameter and 300 mm diameter pipes, showing the depth and location of all the services within the area of the proposed works shall be submitted.

ii)              

c)      Kerb inlet pit shall be a minimum 1.2m from the driveway / layback.

iii)            

d)      Existing pit and pipe levels shall be verified and annotated on the plan.

iv)            

e)      Overland flow from upstream site shall be maintained.

v)              

f)       Amended final drainage plans shall be submitted. The details shall be prepared by a suitably qualified person and must be in accordance with the Upper Parramatta River Catchment Trust “On-Site Detention Handbook” and Stormwater drainage Guidelines and "Australian Rainfall & Runoff 1987".


 

Parking /Access

Aisle width between the 90 degree parking and parallel parking spaces shall be a minimum 6.3 metres in accordance with Section 2.4.4 (b) of Australian standard AS2890.1.

Width of the visitor parking spaces 15 and 38 shall be minimum 2.4m.

Reason: to ensure Connection to Council’s pipe comply with Council’s requirements and waste collection complies with Council’s requirements and the development control plan.

As per correspondence dated 6 May 2019 from SGC Engineering, the drainage condition cannot be complied with due to the Council kerb inlet pit in front of 52 Pegler Street being too shallow to make an appropriate connection and a clash with an underground sewer line. An alternate drainage system is proposed. The applicant seeks to have the Deferred Commencement Consent Condition DC1 deleted because the condition specific to stormwater drainage cannot be complied with.

The amended stormwater plans is showing stormwater connection and a discharge to the street at the south eastern corner of the site at RL 17.23 metres AHD.

Parking and access

The amended plans are showing the aisle width between the 90 degree parking and parallel parking spaces on basement levels 02 and 01 as being 6.3 metres as marked. Furthermore, the width of the visitor parking spaces 15 and 38 are 2.4 metres as marked on the plans.

Applicants Supporting Statement

 

The applicant has provided a Statement of Environmental Effects prepared by Morphology Design Associates Design Associates Pty Ltd and dated May 2019, which was received as part of the modification application lodged on 22 August 2019.

 

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

 

Development Engineer

 

The modification application was referred to Council’s Development Engineer for comment who has advised that the changes sought are acceptable. Furthermore:-

 

·        The stormwater component of Condition DC1 is no longer required and the car park requirement is complied with.

 

·        Conditions 62 and 63 of the development consent may be deleted as they are no longer required.

 

The Council engineer did not raise any objection to the traffic arrangements including the change to the bin store and how collection would be achieved.

 

Furthermore, the second part of the deferred commencement consent condition relating to parking and access has been complied with. In general, there are no objections to the applicant’s request to have Condition DC1 removed.  

 

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))

 

Section 4.56 of the Environmental Planning and Assessment Act 1979 (as amended) allows Council to modify a development consent granted by the Court if:

 

(a)     it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all)

 

Comment

 

The modification seeks minor alterations to the development with the most substantial alterations occurring within the ground floor. Generally:

 

·        The bulk, scale, mass, density and footprint of the development remains the same.

·        The number of apartments, bedrooms and number of car parking spaces within the development remains the same as that approved.

·        Other than a change to the height of the lift over runs, the levels and height of the building remains the same.

·        There are no changes to the approved setbacks of the development across all five levels.

·        The development remains generally the same as that approved being a five storey mixed use building comprising of two ground floor retail tenancies with four levels of apartments above and a two level basement car park for 54 vehicles.

 

It is considered that the development is substantially the same as that initially approved.

 

(b)     it has notified the application in accordance with:

(i)   the regulations, if the regulations so require, or

(ii)     a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent

vi)       

Comment

 

The modification application was notified as per the requirements of the Parramatta Development Control Plan guidelines between Tuesday 3 September and Tuesday 17 September 2019. There were no submissions to the modification that is sought.

 

(c)     it has notified, or made reasonable attempts to notify, each person who made a submission in respect of the relevant development application of the proposed modification by sending written notice to the last address known to the consent authority of the objector or other person

vii)          

Comment

 

There were four objections to the original development application. Council records show that the residents who previously objected were notified of the modification application. The residents who previously objected to the development did not object to the modification that is being sought.

 

(d)     it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

Comment

 

There were no submission to the modification application.

 

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. Appropriate reports have been submitted addressing land contamination matters within the initial development application.

 

There are no changes to site conditions and there is no change to any environmental conditions attached to the development consent issued. As such, the matters addressing the State Policy do not require further review for the purpose of the modification application.

 

(b)     Statement Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development (SEPP 65)

 

State Environmental Planning Policy 65 “Design Quality of Residential Apartment Development” applies to the development as the building is 3 storeys or more and contains more than 4 dwellings. A design statement addressing the design quality principles prescribed by SEPP 65 has been prepared by the project architect and submitted with the modification application. Integral to SEPP 65 is the Apartment Design Guide (ADG) which sets benchmarks for the appearance, acceptable impacts and residential amenity of the development.

 

Following a detailed assessment of the proposal against the provisions of SEPP 65 and the ADG, the proposal is generally considered compliant and therefore performs satisfactorily with respect to building amenity, landscaping design, appearance and provision of services. A comprehensive assessment against SEPP 65 and the ADG is contained in Appendix 2.

 

(c)     State Environmental Planning Policy (Infrastructure) 2007

 

State Environmental Planning Policy “Infrastructure” 2007 has been reviewed because the site is located close enough to Blaxcell Street which carries reasonable traffic in the locality due to the presence of shops and bus stops. However Blaxcell Street is not identified as being a Classified Road. A detailed assessment using Clause 101 and 102 is not required. Furthermore, the development is one that does not fall under Schedule 3 “Traffic Generating Developments to be referred to RMS” because the development is considered as being too small for such referral to occur. No further assessment is required using the State Policy.

 

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

 

All trees on site are approved to be removed to facilitate the development. There is no change to the proposal in terms of tree removal or vegetation removal. The removal of all trees and vegetation on site is considered acceptable and no further assessment is required.

 

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

 

BASIX Certificate (Certificate Number 855924M-03) issued on 4 September 2019 prepared by Sustainable Thermal Solutions has been submitted with Council and is considered to be satisfactory.

 

Regional Environmental Plans

 

The proposed development is affected by the following Regional Environmental Plans:

 

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

 

The subject site is identified as being located within the area affected by the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. The modified development raises no issues as no impact on the catchment is envisaged.

 

Note: the subject site is not identified in the relevant map as ‘land within the ‘Foreshores and Waterways Area’ or ‘Wetland Protection zone’, is not a ‘Strategic Foreshore Site’ and does not contain any heritage items. Hence the majority of the plan is not directly relevant to the proposed development.

 

Local Environmental Plans

 

Parramatta Local Environmental Plan 2011

 

The development is determined as being a mixed use commercial / retail / residential apartment building.

 

The applicant previously argued that the development was defined as a mixed use development comprising a commercial premise with shop top housing which is permitted with consent within the B1 Neighbourhood Centre zone.

 

To qualify as “Shop top housing”, the relevant part of the building must be truly above the relevant retail or business parts. In this regard, all the dwellings must be situated above the ground floor business and there shall be no dwellings on the ground floor.

Shop top housing is defined by the Parramatta Local Environmental Plan 2011 as “One or more dwellings located above ground floor retail premises or business premises”.

 

The definition of the development was supported by Council officers and the Land and Environment Court during the Court proceedings for the original application. As such, there is no issue regarding permissibility and the form of development in terms of permissibility has not changed.

 

The relevant matters to be considered under the Parramatta Local Environmental Plan 2011 and the applicable clauses for the proposed development are summarised below. A comprehensive LEP assessment is contained in Appendix 3.

 

Parramatta Local Environmental Plan 2011 - Compliance table

 

DEVELOPMENT STANDARD

COMPLIANCE

DISCUSSION

Clause 4.3 Height of Buildings

Maximum height 15 metres.

No

Propose 16.5 metres at one of the lift over runs which is a variation of 1.5 metres to the development standard (Variation is 10%).

 

Propose 16 metres at another lift over run which is a variation of 1 metre to the development standard (Variation is 6.6%).

 

There is no change to the height of the remainder of the building.

 

The variation to the height of the building facing Pegler Avenue of 700 mm is approved by the Court and no change is proposed.

4.4 Floor Space Ratio

Maximum 2:1.

Yes

Propose 1.893:1 which is reduced from 1.924:1.

4.6 Exceptions to development standards

 

Yes

A justification to a Clause 4.6 variation is provided and assessed below.

 

(a)     Clause 4.6 - Exceptions to Development Standards of the Parramatta Local Environmental Plan

 

The clause will not be applicable to this application. In accordance with case law as outlined in the Land Environment Court Case of Gann & Anor v Sutherland Shire Council [2008], there is power to modify a development application where the modification would result in the breach of development standards. The court took the view that development standards within an LEP did not operate to prohibit the grant of consent if they were not complied with (and no objection pursuant to SEPP No. 1 (now cl 4.6) had been lodged). Notwithstanding, the court held that despite a SEPP No. 1 Objection not being required, Section 96(3) (now known as cl 4.55(3)) of the Environmental Planning and Assessment Act 1979 (The Act) still requires the consent authority to take into consideration those matters referred to in Section 79C (now Cl4.15) of the Act. The case law has been applied to Clause 4.6 of the Standard instrument on which the Parramatta Local Environmental Plan 2011 is derived.

 

Variation to building height

 

The maximum building height permitted on the site is 15 metres. The original development application was approved at 15.8 metres (five storeys). Under the S4.56 modification application, the number of storeys within the building remains the same and all five storeys including finished floor levels have not been altered. The only alteration to the height occurs at the two lift over runs.

 

The modification increases the variation by up to 700 mm (4.7%) thus resulting in a variation of 10% to the development standard. It should be noted that the 10% variation is most pronounced for the lift over run closest to the street with the variation to the rear lift over run being less at 6.6%.

 

The applicant has addressed the objectives of Clause 4.3 as follows:

 

Applicant’s comments

 

Objective (a):

 

The proposed additional 700 mm increase in height of the lift core will not affect the transition of the approved mix use development with existing and future land use on the adjoining B1 Neighbourhood Centre and R4 High Density residential zones.

 

Objective (b):

 

The additional 700 mm increase in the height of the lift core will have negligible impact on overshadowing and unlikely to be discernible from the public domain.

 

Objective (c):

 

This is not applicable to the modification application.

 

Objective (d):

 

This is not applicable to the modification application.

 

Objective (d):

 

The surrounding land use is zoned B1 Neighbourhood Centre and R4 High Density Residential. The envisaged character and scale is high density. There is no change proposed.

 

Objective (e):

 

The setbacks remain the same as that approved which will continue to provide towers with sufficient separation for residential amenity.

 

Further to the above:

 

a)      The objectives of the development standard are achieved notwithstanding the non-compliance with the numerical standard. The development presents a suitable scale of development relative to surrounding development and future development within the locality given the provisions of the Parramatta Local Environmental Plan 2011.

 

b)      Strict numerical compliance with the building height would result in the removal of the fifth storey and a consequential four storey development which would tend to thwart objectives (a) and (f).

 

c)      The original consent has been granted with a variation of 800 mm.

 

d)      The additional height is limited to the lift overrun given the realistic and functional specifications. The roof level remains the same as that approved being RL 33.36. The lift cores are located centrally and setback from street boundaries and other properties. There is no discernible additional overshadowing.

 

e)      The modification proposed is to facilitate the construction phase of the development. Given the lift specification provided by Schindler, the required clearance is 4,100 mm above the finished floor level for the lift to be used on this building. The proposed 1,500 mm exceedance will enable a total of 4,500 mm height for the lift overrun including the finish above the structural slab, lift clearance, structural slab and rainwater hob on top.

 

f)       The variation to the building height control does not impact on the ability of the proposal to accord with all other development standards and controls.

 

Planning comment

 

The discussion provided by the applicant is supported. In this regard, the development is consistent with the objectives of the height standard as the height of the approved bulk of the building is not changing. The change in height is limited to two lift overruns and of this, only one of the overruns reaches a height of 1,500 mm above the maximum height limit of 15 metres or 10%.

 

When considering the above, the variation sought is considered as being acceptable.

 

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

 

(a)     Draft State Environmental Planning Policy (Environment)

 

There are no draft State Environmental Planning Policies that will apply to the Section 4.56 modification application.

 

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

 

The Parramatta Development Control Plan provides guidance for the design and operation of development to achieve the aims and objectives of the Parramatta Local Environmental Plan 2011.

 

A comprehensive assessment and compliance table is contained in Appendix 4.

 

The following table highlights the variations to the Parramatta Development Control Plan arising from the modification application. The variations sought are considered satisfactory on merit in this instance:

 

Clause

Control

Proposed

Complies

Height (Refer to the LEP table)

 

 

15 metres

16.5 metres at the lift over run closest to the street.

 

16 metres at the lift over run closest to rear.

 

No other changes to the approved building height occurs.

 

The variation to the height of the building facing Pegler Avenue of 700 mm is approved by the Court and no change is proposed.

No

Variation is 10% for one of the lift over runs.

 

No

The variation is 6.6% for the second lift over run.

 

 

 

 

(No

This is a Court approved variation and no change is proposed).

3.3.2 Private Open Space

 

Minimum of 10m² private open space with minimum dimensions of 2.5m per unit?

 

This provision is provided within the Apartment Design Guide which over rides the provision.

Studio apartment 4.16 square metres (As approved).

 

For the one bedroom apartments 11.26 square metres minimum.

 

For the two bedroom apartments 10 to 30.7 square metres.

 

Secondary balconies occupying 4.34 and 3.6 square metres are now provided to one of the bedrooms of Apartments 101 and 109 to improve amenity. This is acceptable.

 

For the three bedroom apartment 12 to 12.4 square metres.

No

No change from the Court approval and considered satisfactory.

 

Yes

No change.

 

 

 

Yes

No change.

 

 

 

Yes

No change.

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No change.

 

 

 

As indicated in the compliance table above:

 

·        The height variation is addressed earlier within the report

·        The amount of private open space for each apartment is satisfactory. The matter is reassessed due to the inclusion of two additional balconies for apartments numbered 101 and 109 which improves amenity for the affected apartments. Generally, the balconies provided within the development are satisfactory.

 

South Granville Precinct - (Part 4.1.10)

 

The site is situated within the South Granville Precinct being a Special Precinct. The development control plan provisions allow for an expansion of retail and business uses with shop top housing above. Future developments will be centred around the Dellwood Shops. An improved interface to the existing laneway behind the Dellwood Shops while maintaining pedestrian and vehicular access is envisaged.

 

Comments

 

The development is consistent with the stated provisions and generally there is no change to the setbacks of the development that were approved as part of the Section 34 Agreement through the Land and Environment Court proceedings.

 

The modified development is compliant with the relevant provisions and no further assessment is required.

 

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 draft planning agreement associated with the approved Development Application and or the S4.56 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 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))

 

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, it is considered that the development is 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 Parramatta Development Control Plan 2011, the proposal was publicly notified for a period of fourteen (14) days between Tuesday 3 September 2019 and Tuesday 17 September 2019. There were no submissions to the modified 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 7.12 (Formerly S94a) Fixed Development Consent Levies

 

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

 

Comments:

 

The matter is addressed as Condition 4 attached to the development consent issued with the amount being $98,408.55 (subject to indexation). The matter does not require further review on the account that the cost of works have not increased. 

 

Disclosure of Political Donations And Gifts

 

The applicant and notification process 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, State Environmental Planning Policy “Infrastructure” 2007, State Environmental Planning Policy “Remediation of Land”, State Environmental Planning Policy “Building Sustainability Index” 2004, State Environmental Planning Policy 65 - Design Quality of Residential Apartment Development, the Parramatta Local Environmental Plan 2011 and the Parramatta Development Control Plan 2011. A variation to Clause 4.3 of the Parramatta Local Environmental Plan 2011 specific to height is sought.

Having regard to the assessment of the proposal from a merit perspective, the Panel may be satisfied that the development has been responsibly designed and provides for acceptable levels of amenity for future residents. It is considered that the modified proposal successfully minimises adverse impacts onto the amenity of neighbouring properties. Hence the development, irrespective of the departure noted above, is consistent with the intentions of Council’s planning controls and represents a form of development contemplated by the relevant statutory and non-statutory controls applying to the land.

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 modification may be approved subject to conditions.

 

Report Recommendation:

1.      That the Development Application number 454/2017/B being a Section 4.56 application for various modifications to the approved mixed use development including an extension of slab and blade walls on the northern side of the building, increase the height of the lift overrun, reconfiguration of the ground floor and minor alterations to two apartments on Level 4, addition of a substation and fire hydrant booster, amendments to building materials and stormwater design be approved subject to the attached modified conditions.

 

 

Attachments

1.      List of Conditions of Consent  

2.      Architectural Plans  

3.      Variation To Height of Buildings Statement  

4.      Appendix 1- State Environmental Planning Policy  

5.      Appendix 2- Apartment Design Guide  

6.      Appendix 3-Paramatta Local Environmental Plan 2011  

7.      Appendix 4 - Paramatta Development Control Plan 2011  

8.      Original Deferred Commencement Consent  

9.      Original Architectural Plans   

 


DOCUMENTS
ASSOCIATED WITH
REPORT LPP081/19

Attachment 1

List of Conditions Of Consent


Cumberland Local Planning Panel Meeting

 10 December 2019

CONDITIONS OF DEVELOPMENT CONSENT

 

 

DA No:                DA-454/2017/B.

Property:            44 to 46 Pegler Avenue South Granville.

Description:       Section 4.56 application for various modifications to the approved mixed use development including an extension of slab and blade walls on the northern side of the building, increase the height of the lift overruns, reconfiguration of the ground floor and minor alterations to two apartments on Level 4, addition of a substation and fire hydrant booster, amendments to building materials and stormwater design.

 

 

1.

A)  Delete the following Conditions 1 (DC1), 62 and 63 that reads as

DC1 - Amended plans

 

Amended plans (3 Sets) addressing following shall be submitted to and approved by Cumberland Council:-

 

Connection to Council’s pipe system

 

a)   The proposed stormwater connection shall be redesigned in consultation with Cumberland Council’s stormwater engineers.

 

a)   A longitudinal section of the proposed 375 mm diameter and 300 mm diameter pipes, showing the depth and location of all the services within the area of the proposed works shall be submitted.

 

b)   Kerb inlet pit shall be a minimum 1.2m from the driveway / layback.

 

c)   Existing pit and pipe levels shall be verified and annotated on the plan.

 

d)   Overland flow from upstream site shall be maintained.

 

e)   Amended final drainage plans shall be submitted. The details shall be prepared by a suitably qualified person and must be in accordance with the Upper Parramatta River Catchment Trust “On-Site Detention Handbook” and Stormwater drainage Guidelines and "Australian Rainfall & Runoff 1987".

 

Parking /Access

 

Aisle width between the 90 degree parking and parallel parking spaces shall be a minimum 6.3 metres in accordance with Section 2.4.4 (b) of Australian standard AS2890.1.

 

Width of the visitor parking spaces 15 and 38 shall be minimum 2.4m.

 

Reason:- to ensure Connection to Council’s pipe comply with Council’s requirements and waste collection complies with Council’s requirements and the development control plan.

 

In accordance with clause 95(3) of the Environmental Planning and Assessment Regulation 2000, you must produce evidence to the Council within a period of 2 years, sufficient enough for Council to be able to be satisfied of the above matters.

 

If evidence is produced within the specified period, in accordance with Clause 95(5) of the Regulation, Council will notify you whether or not it is satisfied as to the above matters and whether or not the consent will operate.

 

B)      Conditions to be satisfied throughout the term that the consent remains valid:-

 

Approved Plans - Deferred Commencement

 

The development is to be carried out generally in accordance with the following plans as numbered below, except as modified by the deferred commencement condition of approval:-