9 December 2020

A Electronic meeting of the Cumberland Local Planning Panel will be held via Zoom on Wednesday, 9 December 2020.

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

 

 9 December 2020

CONTENTS

Report No.  Name of Report                                                                                         Page No.

Development Applications

LPP056/20... Development Application for 60 Queen Street, Auburn................................. 5

LPP057/20... Development Application for 17 Brooks Circuit, Lidcombe....................... 143

LPP058/20... Development Application for 70 Cardigan street, Guildford...................... 307

 

 9 December 2020

 

 9 December 2020

 

Item No: LPP056/20

Development Application for 60 Queen Street, Auburn

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA2020/0486  

 

 

1.      Development Application 2020/0486 was received on 26 August 2020 for alterations and fit out of the former Auburn Ambulance Station for use as a pub with TAB and bar to operate 10.00 am to 12:00 midnight Monday to Saturday and 10.00 am to 10.00 pm Sunday; gaming room to operate 10.00 am to 4.00 am the following morning Monday to Saturday and 10.00 am to 10.00 pm Sunday and the kitchen to operate 11.00 am to 10.00 pm Monday to Sunday.

2.      The application was publicly notified to occupants and owners of the adjoining properties for a period of fourteen (14) days between the 9 September and the 23 September 2020. In response, one submission was received.

3.      The subject site is listed as a heritage item (Item Number I1 in the Auburn Local Environmental Plan 2010).

4.      The variations are as follows:

 

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

6.      The application is referred to the Panel as the development application is for a licensed premises.

Subject Site and Surrounding Area

The site is known as the former Auburn Ambulance Station which is listed as a local heritage item (Item I1) under the Auburn Local Environmental Plan 2010. The building on site is two storeys in height which comprises a ground floor that occupies 258 square metres and a first floor that occupies an area of 240 square metres.

The ground floor includes a garage which was previously used to park ambulances. The garage has direct vehicle access to Harrow Road. The ground floor also has offices and amenities. The first storey is accessed via an internal stairwell and includes offices, bathrooms and enclosed verandas.

The main entrance to the building is from the public plaza situated on the northern side of the building. There is a secondary access via a service alley situated on the western facade of the building. The western facade entry provides access to the internal stair and the first floor.

The site includes a driveway which provides vehicle access from Harrow Road to the site and the adjoining site to the west which is part of Auburn Central via a Right of Way. The driveway entry area is covered by an awning structure. The benefitted lot is the subject site and the burdened lot is Lot 1 in DP 1067959 which is the site to the west or part of Auburn Central. The site is not provided with any on site car parking.

The site adjoins Auburn Central which incorporates a Woolworths Supermarket and numerous smaller shop and services as well as commercial premises, a school and apartments to the north and west. Auburn Central is serviced with underground car parking with vehicle access from Park Road and Queen Street.

The Auburn Village lies to the east which incorporates basement car parking and a single storey mall as well as a pub. It is known that development consent has been issued for the redevelopment of the site although such works have not commenced. The applicant contends that the existing pub at the Auburn Shopping Village is to be relocated to the subject site.

A six storey building lies to the south which is used for offices, a school and retail.

Generally, the site benefits from the immediate proximity and walkable access to public transport such as the Auburn Railway Station and bus stops.

The location of the site is shown below.

The land use zoning map is provide below.

Photos of the site are provided below.

 

Description of the Proposed Development

Development Application 2020/486 is proposing the change of use and fit out of the former ambulance station for a pub. The works include the partial demolition of the existing building including the removal of internal walls to facilitate the reconfiguration and adaptive re use as a pub.

Ground floor

A main entry foyer from Queen Street will be established as well as a gaming bar, bathrooms, staircase, a new lift and a safe room. Minor demolition is also proposed to the existing outbuilding additions at the rear of the site to accommodate storage rooms.

An existing room on the ground floor situated on the south eastern side of the building will be converted to a bin store.

First floor

The first floor verandas will be opened to allow dining, an indoor public dining area will be established, a TAB, bar, kitchen, amenities and back of house amenities will be constructed.

Facade improvements

The following external works are to occur:-

·        Windows and doors will be replaced to improve the appearance of the building.

·        The roller shutter doors situated along the Harrow Road side of the building will be removed and replaced with new aluminium screens.

·        A new pedestrian entry on the Harrow Road elevation will be constructed.

·        New signage zones to be created for business identification signs with one facing Queen Street and one facing Harrow Road. No details of signage is provided and the statement of effects specifies that a separate development application will be lodged for future signage on site.

Roof top plant

New rooftop plant is proposed which includes mechanical plant for the air conditioners and exhaust from the kitchen.

Operational details

The proposed trading hours are:-

TAB / Bar on level 1

·        10.00 am to 12:00 midnight Monday to Saturday and 10.00 am to 10.00 pm Sunday.

Gaming room

·        10.00 am to 4.00 am the following morning Monday to Saturday and 10.00 am to 10.00 pm Sunday.

Kitchen

·        11.00 am to 10.00 pm Monday to Sunday.

History

A concept design was presented to Council officers on the 30 April 2020 and pre lodgement notes were issued on the 1 May 2020. The applicant was required to address issues of heritage, car parking and loading and upgrades to the building.

The development application 2020/0486 was lodged to the Council for determination on 26 August 2020.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by URBIS and dated 17 August 2020.

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 development application was referred to Council’s Development Engineer for comment who has advised that the development application is supported on the grounds of car parking, loading and stormwater management subject to deferred commencement consent being the creation of a suitable easement to support the small rigid vehicle unloading area. It is noted that the site is located within the Auburn Town Centre and there is no opportunity to provide onsite car parking.

Council’s Heritage Committee

The development application was referred to Council’s Heritage Committee who responded on the 22 October 2020. The Committee does not object to the development application and the adaptive reuse of the building as a pub.

Waste Management

The development application was referred to Council’s Senior Waste Projects Officer for comment who has advised that the proposed waste provisions is satisfactory. No conditions are recommended although standard waste conditions are provided at Conditions 32, 67, 73 and 80 attached to the recommendation.

External Referrals

The development application was referred to the Auburn Police Area Command who commented on the development dated 11 September 2020 as follows:-

·        Adequate business identification signage is required.

·        A hold up / duress alarm and an internal alarm system is required on site.

·        The premise should be provided with suitable signage and lighting to deter criminals.

·        Security officers should be considered.

·        A closed circuit television camera system should be installed.

·        Outlaw motorcycle related organisations should be prohibited at the premise.

Conditions numbered 36, 86 and 88 are attached to the recommendation that addresses the matters raised.

PLANNING COMMENTS

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

State Environmental Planning Policies

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

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

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

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

The development application includes the provision for two signage zones which are marked on the plans as being situated above the north facing door entrance of the building and above the proposed screens that faces east. The signage zones do not impact the windows or the architectural features of the building and as such no objection is raised to the signage zones shown. No details of signage is provided and the statement of effects specifies that a separate development application will be lodged for future signage on site. As such, no assessment is required in relation to signage and Condition 94 attached to the recommendation addresses the need for a separate development application for signage for the building. 

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

The provision of the Auburn Local Environmental Plan 2010 is applicable to the development proposal. It is noted that the development achieves compliance with the key statutory requirements of the Auburn Local Environmental Plan 2010 and the objectives of the B4 Mixed Use zone.

(a)     Permissibility:-

The proposed development is defined as a ‘Pub” which is defined as a “licensed premises under the Liquor Act 2017, the principal purpose of which is the retail sale of liquor for consumption on the premise, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.

Note. Pubs are a type of food and drink premises - See the definition of that term in this Dictionary.

The development could also be defined as a food and drink premises which includes “a pub”.

A pub is a permitted land use with consent in the B4 Mixed Use zone.

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

(a)     Draft Cumberland Local Environmental Plan (Draft CLEP)

The Draft Cumberland Local Environmental Plan (Draft CLEP) has been prepared by Cumberland City Council to provide a single planning framework for the future planning of Cumberland City. The changes proposed seek to harmonise and repeal the three existing LEPs currently applicable to the Cumberland local government area, those being:

·    Holroyd Local Environmental Plan 2013,

·    Parramatta Local Environmental Plan 2011, and

·    Auburn Local Environmental Plan 2010.

The current planning controls for the subject site, as contained within the Auburn Local Environmental Plan 2010 are not expected to change. The development will be compliant with the important elements of the draft local environmental plan on the grounds that the building on site is being retained.

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

The Auburn Development Control Plan 2010 “Local Centres” chapter is relevant to the development application as it provides guidance for the design and operation of development to achieve the aims and objectives of the Auburn Local Environmental Plan 2010.

Most of the provisions will not apply to the development application as the development is the adaptive reuse of a heritage listed building which is earmarked to be retained. The following table highlights non-compliances with the DCP, which relate primarily to car parking and loading.

 

As identified in Part 6.1, the development application provides no onsite car parking. The building will offer 309 square metres of licensed floor area and would require 88 car parking spaces which cannot be provided on site.

The variation is a result of a rather onerous car parking rate that is applied to a “Pub” within the Auburn Development Control Plan that being 1 space per 3.5 square metres of licensed floor area. However, the applicant in the Traffic Assessment Report prepared by TEF Consulting and dated 12 August 2020 has indicated that the number of spaces being “Nil” is acceptable for the following reasons.

a)      The building is a heritage item and it is not possible to create any spaces on site. This restriction would apply to any development or change of land use for the site.

b)      The car parking rates are excessive. The rates are 10 years old and do not reflect current contexts and the reduced parking demand of pubs due to more frequent driver breath testing in recent years. Further, the rate does not recognise the location of the pub close to other retail and commercial uses that attract the same customers.

c)      The rate of 1 space per 3.5 square metres of licensed area assumes that patrons are crowded within approximately 1 metre from each other and that all patrons drive to the premises.

d)      The site is located within 200 metres of public transport including bus and rail services.

e)      The application of the same rate yields a requirement for 91 spaces. There is no dedicated car parking provision at this level or within the Auburn Shopping Village which contains a car park for 145 vehicles. The Auburn Shopping Village car park is used by customers of the shopping centre, staff and general public. The car park is closed by 9 pm daily and thus does not provide for late night patrons who have to seek parking elsewhere.

f)       Under the Auburn Local Environmental Plan 2010, a pub is a type of food and drink premise which is categorised under ‘Retail premises”. Based on the ALEP definition, car parking rates for retail premises also apply to the development. Based on the rates under 6A of the Parking and Loading Chapter of the Auburn Development Control Plan 2010, the development would need a minimum of 5 spaces and a maximum of 7 spaces at a rate of:-

·        Minimum - 1 space per 60 square metres.

·        Maximum - 4 spaces per 40 square metres.

g)      The draft Cumberland Development Control Plan 2020 has excluded a specific rate for pubs and has a specific town centre car parking rate for food and drink premises. The car parking rate set out in Part G3 - Section 3 (Table 1) is Food and drink premises Within town centres - 1 space per 40 square metres. The development would need 7 spaces in this instance.

Comments

In relation to the above and the applicant’s traffic study, the site is located within a Town Centre setting and is close to the Auburn Railway Station and bus services. Furthermore, Council engineers are not requiring car parking to be provided on site given that there is no room for such parking.

Whilst Council supports the development application, Council does not accept the applicant’s justification in “f” and “g” above that the car parking rate should be based on the Town Centre rate being a minimum of 1 space per 60 square metres and a maximum of 4 spaces per 40 square metres. This would yield the need to provide 5 to 7 car parking spaces for the site.

It is Council’s view that a pub does not fall within the grouping of Commercial / Retail area. A pub has a specific rate at s5.1.4 of the Auburn Development Control Plan. The s5.1.4 rates are to be applied over the s5.1.5 rates. Therefore, the rate should be 1 space per 3.5 square metres of licensed floor area which would yield 88 spaces.

Council officers have however considered the applicant’s traffic and parking impact report and the recent survey of the existing adjoining pub undertaken on the Friday and Saturday 3 and 4 July 2020 being the busiest times between 3.30 pm and 10.30 pm which concludes:- 

a)      A majority of people walked to the tavern (71.1% on a Friday and 64.5% on a Saturday) and only a small number drove (18.3% on a Friday and 10.3% on a Saturday).

b)      Of those who drove, 48.4% on a Friday and 26.7% on a Saturday had other purposes for visiting the area. Of those who drove, most parked within nearby car parks or local streets where parking restrictions applied.

c)      Total numbers who visited the site were 142 (Friday) and 107 (Saturday).

d)      It is estimated that the maximum number of patrons on the site will be 40 on a Friday and 28 on a Saturday.

e)      The maximum car parking demand will be 6 to 7 spaces on a Friday and 2 to 3 spaces on a Saturday.

Noting the above conclusions and location of the site within the Auburn Town Centre, the variation to the car parking rate of the Parking and Loading Chapter of the Auburn Development Control Plan 2010 is considered acceptable on its merit.

Parking and Loading Chapter

The Parking and Loading Chapter of the Auburn Development Control Plan is relevant to the development application. Generally, the provision and issues of car parking is addressed above under Part 6.1 of the “Local Centres” chapter.

Loading and unloading

Under Section 7 of the Parking and Loading chapter of the Auburn Development Control Plan, the development is required to have a minimum of 1 loading and unloading bay. The applicant states that a loading and unloading bay is available within the easement / Right of Way that benefits the site.

The applicant has requested that a heavy rigid vehicle be used for loading and unloading purposes on an infrequent basis however Council does not support the use of heavy rigid vehicle on site. Council will support the use of small rigid vehicles for loading and unloading operations subject to an appropriate right of way being created. Condition 1 attached to the recommendation addresses such matters.

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 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 Auburn Development Control Plan, the development was publicly notified for a period of fourteen (14) days between the 9 September and the 23 September 2020. The notification period generated one (1) submission in respect of the development sought. The issues raised in the public submission is summarised and commented on below:

 

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.

Cumberland Local Infrastructure Contributions Plan 2020

The development would require the payment of contributions in accordance with Cumberland Local Infrastructure Contributions Plan 2020.

The development should it be supported requires the payment of contributions in accordance with the Cumberland Local Infrastructure Contributions Plan 2020. A figure of $29,778 is calculated. This figure is subject to indexation as per the relevant plan. The draft determination attached includes condition number 22 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.

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, The Auburn Local Environmental Plan 2010 and the Auburn Development Control Plan 2010. The development is considered to be satisfactory for approval as a deferred commencement consent.

The proposed development is appropriately located within the B4 Mixed use zone under the Auburn Local Environmental Plan 2010 and a variation in relation to Part 6.1 Access Loading and Car parking requirements of the Auburn Development Control Plan 2010 is sought. Having regard to the assessment of the proposal from a merit perspective, Council 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 proposal successfully minimises adverse impacts on the amenity of neighbouring properties. Hence the development, irrespective of the departures 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 development may be approved as a deferred commencement consent subject to conditions.

 

 

1.      Draft Notice of Determination  

2.      Architectural Plans  

3.      Redacted Submission Received  

4.      Heritage Impact Assessment  

5.      Appendix A - Auburn Local Environmental Plan 2010 Compliance Table  

6.      Appendix B Auburn DCP 2010 Assessment   

 

Attachment 1

Draft Notice of Determination

 9 December 2020

Attachment 2

Architectural Plans

 9 December 2020

Attachment 3

Redacted Submission Received

 9 December 2020

Attachment 4

Heritage Impact Assessment

 9 December 2020

Attachment 5

Appendix A - Auburn Local Environmental Plan 2010 Compliance Table

 9 December 2020

Attachment 6

Appendix B Auburn DCP 2010 Assessment

 9 December 2020

 9 December 2020

 

Item No: LPP057/20

Development Application for 17 Brooks Circuit, Lidcombe

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA2020/0361  

 

 

1.      Development Application 2020/0361 was received on 25 June 2020 for alterations and fitout works to use part of an existing building as a centre based childcare centre for 53 children - Integrated Development (s58 of the Heritage Act 1977).

2.      The application was publicly notified to occupants and owners of the adjoining properties for a period of 28 days between 8 July 2020 and 5 August 2020 and again to additional residents within close proximity to the site between 6 August 2020 and the 20 August 2020. In response, there were 14 submissions with 11 being unique in nature.

3.      The subject site is listed as a State Heritage item and located within the heritage conservation area known as the former Lidcombe Hospital site under the Auburn Local Environmental Plan 2010 as Heritage Item C07144.

4.      The variations are as follows:

 

5.      The application is referred to the Panel as the proposal is considered to be contentious development.

6.      The application is recommended for deferred commencement consent subject to conditions.

Subject Site and Surrounding Area

The site is identified as being Lot 4 DP 270668 which forms part of the former Lidcombe Hospital site. The site has a frontage onto two roads being Main Avenue to the east and Brooks Circuit to the west. There is a pedestrian walkway (Bennedick Way) to the immediate north that provides pedestrian access between Main Avenue and Brooks Circuit. The walkway also separates the site from residential premises to the north at 1 to 16 Brooks Avenue.

The allotments to the south comprise Strata Titled buildings, one of which is used for a sales office while the rest are dwellings.

The development site comprises a former dining hall and cottages erected in 1886, a mess hall and kitchen for the Lidcombe Hospital. The building on site presently comprise two main wings with a smaller connecting building situated around a small courtyard accessible from Brooks Circuit.

The Lidcombe precinct comprises a large land area and a variety of land uses developed over different time periods. The original historic buildings associated with the construction of the Boys Reformatory was erected around Brooks Circuit and adjoining streets including Brooks Avenue and Sussex Street.

The wider locality has recently been the subject of much residential development with the Village Green being the focus of the development undertaken.

The location of the site is shown below.

The zoning of the site is provided below.

The aerial photo of the site is shown below.

Photos of the site taken in July 2020 are provided below.

 

Description of the Proposed Development

The development application seeks approval for alterations to the rear part of the building and use that part for a childcare centre with a capacity for 53 children as follows:-

·        8 places for 0-2 years.

·        15 places for 2-3 years.

·        30 places for 3-5 years.

This is an adaptive reuse of a heritage. The works include the following:-

·        Establishment of room one for children aged 3-5 years which occupies an area of 97.5 square metres.

·        Establishment of room two for children aged 2-3 years which occupies an area of 48.8 square metres.

·        Establishment of room three for children aged 0-2 years which occupies an area of 28 square metres.

Rooms numbered one and two are provided with storage facilities and access to toilets and direct access to the simulated play space. Room numbered three includes a separate cot room, nappy change room, a bottle preparation area and access to an outdoor play area.

The application is requesting the establishment of a simulated outdoor play area inside the building that occupies an area of 210 square metres. The internal playground is equipped with a play area and access to toilets. There are skylights provided within the roof space that provides daylight to the area which triggers the concurrence approval from the New South Wales Department of Education which has been granted.

A managers office, reception, kitchen, laundry and a staff room is included into the floor plans.

The plans show an outdoor landscaped playground on the southern side of the building divided into two separate areas, one for 0-2 years (occupies 56 square metres) and one for 2-3 years (occupies 150.6 square metres).

Access to the childcare facility is situated along the southern side of the building.

To facilitate the child care centre, a new decking structure will need to be constructed on the southern side of the building, internal walls will need to be altered, skylights inserted into the roof space, mechanical plant installed onto the roof of the building and acoustic fencing along the southern side of the site.

History

Development Application No. 176/2006 (as modified)

Council, at its meeting of 20 June 2007 resolved to approve Development Application No. 176/2006 for “Subdivision, demolition of Buildings 95A & 95B, site reshaping and compaction, civil works including construction of roads, drainage and provision of site services, landscaping of public domain areas and tree removal”.

This application is of relevance to the subject application as it includes the provision of on-street public car parking spaces within the vicinity of the site to meet the demand generated by the future use of the buildings within the heritage precinct.

ALEP 2010 Amendment No. 12

The Auburn Local Environmental Plan 2010 was amended on 1 August 2014 and rezoned the subject site from R3 Medium Density Residential to B1 Neighbourhood Centre, increased the maximum FSR from 0.5:1 to 1:1 and the maximum building height from 9m to 12m.

Development Application 2018/110

Development consent 2018/110 for alterations and fitout works to the existing building for use as a mixed use development incorporating a neighbourhood supermarket, liquor shop, cafe, medical centre and restaurant to operate 7am to 10pm daily and four (4) retail tenancies to operate 9am to 6pm daily was approved by the Cumberland Local Planning Panel at its meeting of 8 May 2019 subject to conditions.

This application originally included the use of the subject site as a childcare centre, however this use was removed from the proposal as concurrence could not be obtained from the Department of Education for the simulated outdoor area.

Therefore, Condition 44 of the development consent required a separate development application to be lodged to the Council for determination for any child care centre to be constructed within the building.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Think Planners which is dated 25 May 2020 and received by Council on the 25 June 2020 to support the application.

Contact with Relevant Parties

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

Internal Referrals

Development Engineer

The development application was referred to Council’s Development Engineer for comment who raised no objection to the development.

·    There are no physical works to the building.

·    The parking for the precinct and arrangement is already accepted.

·    The precinct is heritage listed.

The matter concerning car parking is described in detail below.

Health and Building

The development application was referred to Council’s Health and Building Surveyor who provided advice that the development application is supported subject to conditions.

Environment and Health

The development application was referred to Council’s Environment and Health Officer for comment who has advised that the development is satisfactory and is supported subject to conditions.

Children Support Officer

The development application was referred to Council’s Children Support Officer for assessment who provided advice in relation to the need for appropriate outdoor shade, adequate staffing, adequate storage facilities for children, toilets and suitable facilities to support the nappy change room. The matters raised are capable of being addressed as conditions should the development application be supported.

Waste Management

The development application was referred to Council’s Waste Management Officer for comment who has advised that the development proposal is satisfactory without the need for conditions.

External Referrals

Heritage Office of New South Wales

Integrated Development

The development application is integrated development under Section 58 of the Heritage Act because an approval from the New South Wales Heritage Office under the Heritage Act 1977 is required. In this regard, there are demolition and construction works occurring within a State heritage listed building.

The development application has been referred to the Heritage Office for Integrated Development assessment and on the 25 November 2020 the Heritage Office granted General Terms of Approval subject to deferred commencement consent. The applicant being able to satisfy the New South Wales Heritage Office that:-

a)      No other option is viable to provide adequate light and ventilation for the proposed child care centre.

b)      The proposed number and size of the skylights is the minimum required to achieve the result.

c)      The significant roof fabric is not impacted by the skylights.

d)      The existing roof structure is capable of supporting the roof services without requiring additional support impacting on significant structure or the interior spaces.

The relevant deferred commencement conditions are provided at Condition 1 Schedule A and the General Terms of conditions are provided at Condition 4 attached to the recommendation.

Department of Education

The development application was referred to the Department of Education as Concurrence Development because the applicant is seeking a waiver under Section 22 of State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 for the simulated outdoor play space inside the building.

The development should be provided with 371 square metres of outdoor play space to support 53 children. However, only 206.6 square metres of outdoor play space has been provided with another 210 square metres situated inside the childcare centre as simulated outdoor play space. The Department of Education grants approval to the request for an exemption to the play space requirements. The applicant is required to submit a formal waiver application as part of any service approval application which is addressed at Condition 5 attached to the recommendation.

Ausgrid

The development application was referred to Ausgrid because the childcare centre is situated adjacent to an electricity substation. As per comments of 12 August 2020, a decision is not required because there is no impact on Ausgrid assets.

PLANNING COMMENTS

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

State Environmental Planning Policies

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

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

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

(b)     State Environmental Planning Policy (Infrastructure) 2007

The provisions of the SEPP 2007 have been considered in the assessment of the development application. The development application is affected by Clause 45(1)(b)(ii) in which development is occurring adjacent to an enclosed electricity substation. The electricity substation is situated on the Main Avenue frontage as a separate structure to the building. The development application was referred to Ausgrid 4/2/2019 although no objection is raised by the energy provider on the grounds that no assets are affected by the proposed works.

(c)     State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

The relevant provisions of the SEPP Education are detailed in the following table:

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

The Auburn Local Environmental Plan 2010 is applicable to the development application. The development application achieves compliance with the key statutory requirements of the B1 Neighbourhood Centre zone.

(a)     Permissibility:-

The proposed development is defined as a centre based childcare facility which is a permissible land use within the B1 Neighbourhood Centre zone with consent. A centre based child care centre is defined as:-

(a)       a building or place used for the education and care of children that provides any one or more of the following—

i.    long day care,

ii.   occasional child care,

iii.  out-of-school-hours care (including vacation care),

iv.  preschool care, or

(b)       an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW),

Note - An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning Children (Education and Care Services) National Law (NSW), is provided.

but does not include -

(c)        a building or place used for home-based child care or school-based child care, or

(d)       an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW), or

(e)       a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

(f)        a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or

(g)       a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or

(h)       a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.

 

The relevant matters to be considered under the Auburn Local Environmental Plan 2010 and the applicable clauses for the proposed development are summarised below.

Auburn Local Environmental Plan 2010 Compliance Table

 

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

(a)     Draft Cumberland Local Environmental Plan (Draft CLEP)

The Draft Cumberland Local Environmental Plan (Draft CLEP) has been prepared by Cumberland City Council to provide a single planning framework for the future planning of Cumberland City. The changes proposed seek to harmonise and repeal the three existing LEPs currently applicable to the Cumberland local government area, those being:

·    Holroyd Local Environmental Plan 2013,

·    Parramatta Local Environmental Plan 2011, and

·    Auburn Local Environmental Plan 2010.

The current planning controls for the subject site, as contained within the Auburn Local Environmental Plan 2010 are not expected to change. In this regard, there are no changes to the building height and or floor space ratio and as such, a discussion is not required. The development would be satisfactory under the draft local environmental plan.

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

Auburn Development Control Plan 2010

The Auburn Development Control Plan provides guidance for the design and operation of the development.

a)      Former Lidcombe Hospital Site:

The “Child Care Centres” chapter is relevant to the development sought as follows and the following variations are identified.

b)      Local Centres Chapter:

The Local Centres chapter is also relevant to the site however no assessment is required because shops and commercial premises are not proposed.

c)      Parking and Loading Chapter:

The Auburn Development Control Plan 2010 chapter “Parking and Loading” is applicable to the proposed development. The proposed childcare centre for 53 children requires 14 spaces at 1 space per 4 children.

The car parking rates for the entire development on site including the approved shops and services under Development Consent 2018/110 are:-

·    The approved shops - 18 spaces.

·    The approved restaurant and cafe - 8 spaces.

·    The approved medical centre - 6 spaces.

The approved uses require 32 car parking spaces. Including the childcare centre, the entire site would require a total of 46 car parking spaces.

The car parking spaces on street are provided in designated spaces within the immediate locality surrounding the Village Green and immediate environs.

The existing buildings occupy almost the entire site and there is no opportunity to provide on-site car parking including a drop off zone for children. The constraints within the heritage precinct to provide on-site car parking were recognised by the developer and DA-176/2006 (as amended) included the provision of on-street public car parking spaces to meet the demand for parking within this precinct. At the time of consideration of the original application, the applicant provided a detailed schedule of indicative uses for each of the buildings within the precinct to demonstrate that the on-street car parking spaces would satisfy the requirements of Council’s DCP in respect of car parking provision. Since the original application was approved, modifications to the design and number of on-street car parking spaces have been approved. Development applications have also been submitted / approved for all buildings within the heritage precinct providing certainty of the end uses of the buildings and any reliance on on-street car parking to satisfy the parking provision.

It is identified that there are 150 on street car parking spaces within close proximity to the site within Main Avenue and Brooks Circuit including the area within the Village Green. It is calculated in the study that in the event that 17 Brooks Circuit was to be used to its maximum potential land use, 58 car parking spaces would be required. In the present case, 46 spaces are required to support all the land uses (Approved and proposed). As such, there is a surplus of car parking spaces within the locality.

In relation to absence of a drop off zone, Brooks Circuit is a “shared zone” and has a maximum speed limit of 10 km/h which is enforceable. Parents will be able to use the immediate on street car parking area within the Village Green area in relative safety. As such, the absence of a drop off zone is not considered to have an adverse impact to the operations of the centre.

Loading and unloading

A loading area for loading and unloading and garbage removal is located on Main Avenue adjacent to the building. The loading bay was designed subsequent to the community title subdivision of the Heritage Precinct and is partially located over the roadway (Main Avenue) which has since been dedicated to Council. The loading area is designated for all the uses for the site.

Other provisions

There are other development control plan chapters that apply to the development application as follows:-

·    Access and Mobility.

·    Waste.

·    Stormwater Drainage.

The development application is determined as being acceptable under all three chapters. In this regard:-

·    The development provides for adequate and appropriate provision for disability access including a new lift and upgraded or new toilets.

·    Adequate provision is made for waste removal.

·    Stormwater drainage for the site is not changing.

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 Reg).

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

It is identified that the applicant is required to satisfy to the New South Wales Heritage Office that the proposed skylights will have no adverse impact to the State Heritage listed building. Subject to this being achieved, 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))

Similar to the comment above under s4.15(1)(b)), the applicant is required to satisfy to the New South Wales Heritage Office that the proposed skylights will have no adverse impact to the State Heritage listed building. Subject to this being achieved, it is considered that the development would be suitable for the site.

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

In accordance with the notification requirements for Integrated Development, the development application was publicly notified to occupants and owners of the adjoining properties for a period of twenty eight days between 8 July 2020 and 5 August 2020 and again to additional residents within close proximity to the site between 6 August 2020 and the 20 August 2020. In response, there were fourteen (14) submissions, eleven (11) being unique in nature. The issues raised in the public submissions are summarised and commented on as follows:

Legal issues

Traffic and car parking

 

Landscaping and play areas

 

Building issues

 

Social issues

 

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

In view of the foregoing analysis it is considered that the development subject to conditions, will have no adverse significant impact on the public interest.

Cumberland Local Infrastructure Contributions Plan 2020

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 the Cumberland Local Infrastructure Contributions Plan 2020. As at the 26 November 2020, a contribution amount of $3,219 is payable. Condition number 21 attached to the recommendation addresses the matter.

Disclosure of Political Donations and Gifts

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

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979 and the following:-

·        State Environmental Planning Policy 55 “Remediation of Land”.

·        State Environmental Planning Policy “Infrastructure” 2007.

·        State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 and the associated Child Care Planning Guideline 2017.

·        Auburn Local Environmental Plan 2010.

·        Draft Cumberland Local Environmental Plan.

·        Auburn Development Control Plan “Child Care Centres” Chapter.

·        Auburn Development Control Plan “Parking and Loading” Chapter.

The proposed development is appropriately located within the B1 Neighbourhood Centre zone under the provisions of the Auburn Local Environmental Plan 2010.

Having regard to the assessment of the proposal from a merit perspective, Council may be satisfied that the development has been responsibly designed and provides for acceptable levels of amenity for the occupants of the childcare centre. It is considered that the proposal successfully minimises adverse impacts on the amenity of neighbouring properties. Hence the development, irrespective of the departures 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 development may be approved as a deferred commencement consent subject to conditions.

 

 

1.      Draft Notice of Determination  

2.      Architectural Plans  

3.      Appendix A - SEPP Educational Establishments and Child Care Centres 2017  

4.      Appendix B - Child Care Planning Guideline  

5.      Appendix C - Auburn Development Control Plan Child Care Centres  

6.      Redacted Submissions Recieved   

 

Attachment 1

Draft Notice of Determination

 9 December 2020

Attachment 2

Architectural Plans

 9 December 2020

Attachment 3

Appendix A - SEPP Educational Establishments and Child Care Centres 2017

 9 December 2020

Attachment 4

Appendix B - Child Care Planning Guideline

 9 December 2020

Attachment 5

Appendix C - Auburn Development Control Plan Child Care Centres

 9 December 2020

Attachment 6

Redacted Submissions Recieved

 9 December 2020

 9 December 2020

 

Item No: LPP058/20

Development Application for 70 Cardigan street, Guildford

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager Development and Building

File Number:                                    DA2020/0453  

 

 

1.      Development Application DA2020/0453 was received on the 3 August 2020 for the demolition of existing structures and construction of a three (3) storey boarding house comprising 10 boarding rooms over basement car parking.

2.      The application was publicly notified to occupants and owners of the adjoining properties for a period of fourteen (14) days between Wednesday 9 September 2020 and Wednesday 23 September 2020. In response, there were fourteen (14) submissions with ten (10) being unique in nature.

3.      The variations are as follows:

 

4.      The application is referred to the Panel as the proposal is considered to be contentious / sensitive development.

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

Subject Site and Surrounding Area

The subject site is known as 70 Cardigan Street Guildford which comprises two allotments being Lot 26 and 27 in DP 734. The site has dimensions of 13.41 metres to Cardigan Street and the rear, is 33.53 metres in length and occupies an area of 442.6 square metres.

The site has a fall of between 100 mm and 1,800 mm from the rear to the front with the lowest point being situated at the north west corner.

There is one small tree within the rear yard that is proposed to be removed.

There is a single storey dwelling house and outbuildings situated on the site. The site is isolated and left over because the adjoining sites to the north and south have been developed for three storey residential flat buildings.

There are single storey dwelling houses along the western side of Cardigan Street although the site directly opposite is vacant land.

The land zoning of the site is shown below.

The site is shown below.

Photos of the site are shown below.

 

 

Description of the Proposed Development

Development Application 2020/0453 is proposing the consolidation of the two allotments into one allotment, demolition of the existing structures and construction of a three storey boarding house accommodating 10 rooms (12 lodgers) over basement car parking for five vehicles.

The development includes the following:

Demolition work

The existing dwelling house and outbuildings are to be demolished and a small tree within the rear yard is to be removed.

Excavation work and construction of a basement car park

Excavation work to a depth of 3.1 metres is proposed to allow for the construction of a basement car park. The plans are showing the basement car park as having the following:-

·    Room for parking five (5) vehicles and two (2) motor bikes.

·    A bin storage room.

·    A bike rack.

·    A lift and stair access.

Construction of a new generation boarding house

A new generation boarding house is to be constructed which will be three (3) storeys in height and includes ten (10) boarding rooms. The plans are showing eight (8) rooms accommodating one boarder and two (2) rooms accommodating two boarders for a total of twelve (12) boarders.

The boarding house is provided with a common area facing the street and common area towards the rear. The development includes stormwater drainage and landscaping of the site.

History

Development Application 2018/293 for the demolition of the existing structures, consolidation of two lots into one allotment and construction of a four storey boarding house accommodating 11 rooms and managers accommodation over basement car parking was refused by the Cumberland Local Planning Panel at its meeting of March 27 2019 for the following reasons:-

Landscaped area

1.      Clause 29(2)(b) of State Environmental Planning Policy (Affordable Rental Housing) 2009 *(SEPP (ARH)) requires the consent authority to consider whether the landscape treatment of the front setback area of a proposed boarding house is to be compatible with the streetscape in which the building is located. The landscape treatment of the front setback area of the proposed development is not considered to be compatible with the streetscape in that the majority of the setback is paved and there is very limited soft landscaping provided.

Planners comment

The front landscape area has been improved with additional landscaping provided including deep soil zone.

 

Solar access

2.      Clause 29(2)(c) requires the consent authority to consider whether the communal living room will receive a minimum of 3 hours direct solar access between 9 am and 3 pm at mid winter. The information provided indicates that the communal living room will receive less than 3 hours direct solar access at mid winter.

Planners comment

The communal living room has been relocated and now receives more than 3 hours of sunlight at mid winter.

Maximum size of boarding rooms

3.      Clause 30(1)(a) requires that the consent authority must not consent to development for a boarding house where any boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 m2. Rooms 4 and 7 of the proposed development have a floor area greater than 25 m2.

Planners comment

The boarding rooms have adequate sizes and there are no rooms that have excessive internal floor areas.

Kitchen facilities

4.      Clause 30(1)(d) requires that the consent authority must not consent to development for a boarding house unless adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger. The kitchenette facilities within each room are not sufficient and there are no common kitchen facilities proposed.

Planners comment

Every boarding room proposed is provided with adequate toilet and kitchenette areas.

Bicycle and motorcycle parking

5.      Clause 30(1)(h) requires that the consent authority must not consent to development for a boarding house unless a minimum of one parking space will be provided for a bicycle and one will be provided for a motorcycle for every 5 boarding rooms. The proposed development requires a minimum of 3 motorcycle spaces and 3 bicycle spaces and only two of each are proposed.

Planners comment

The basement floor plans show two parking bays for motorbikes and bikes which is adequate to support the development.

 

Character of the local area

6.      Clause 30A of the SEPP (ARH) requires that the consent authority must not consent to development for a boarding house unless it is satisfied that the proposal is consistent with the character of the local area.

The proposed development is not considered compatible with the character of the local area in terms of the physical characteristics of the building, the overshadowing impacts on the adjacent property to the south, and the relationship of the proposed building to the site and streetscape.

Planners comment

The modified plans have been assessed as being satisfactory under Clause 30A of SEPP (ARH) 2009 as demonstrated in this report.

Holroyd Development Control Plan (HDCP) 2013

7.      The development as proposed does not comply with the following provisions of the HDCP 2013:

a.      Section 4, Part A - Tree and Landscape works

The proposed landscaping does not enhance the streetscape or setting of the development and does not allow for appropriate screening of the development from the side boundaries.

Planners comment

Landscaping on site has been improved and there is additional landscaping and deep soil zone at the front of the site.

b.      Section 6.3, Part A - Erosion and sediment control

An erosion and sediment control plan was not submitted with the application.

Planners comment

A sediment and erosion control plan has been prepared by Australian Consulting Engineers and considered as being appropriate for approval.

c.       Section 1.5, Part B - Landscape area

8.7% of the site is proposed to be soft landscaped where a minimum of 30% is required.

Planners comment

Landscaping occupies 34.7% of the site which is an improvement when compared to the original development application.

d.      Section 1.8, Part B - Sunlight access

The proposal results in overshadowing of existing dwellings to the south such that they will receive no solar access to their living areas or private open spaces at mid winter.

Planners comment

Overshadowing has been reduced because the building has been lowered in height by one storey. Shadowing is considered to be acceptable for this development.

e.      Section 1.9, Part B - Cut and fill

HDCP requires that fill in excess of 600 mm be contained within the building envelope. The proposal involves 1 metre of fill within the front setback and directly adjacent to the northern boundary.

Planners comment

Any filling required is contained within the building envelope. There is no excessive filling of the site.

f.       Section 6.2, Part B - Site coverage

The proposal has site coverage of 35% where a maximum of 30% is permitted.

Planners comment

The site coverage of the development has been reduced slightly to 34.5%. It is not possible to reduce this further without adversely impacting on residential amenity. The variation of 14.99% is considered to be acceptable and not adversely impacting on the performance of the development.

g.      Section 6.3, Part B - Setbacks and separation

The proposal provides for building separation of 7.5 metres to the southern adjoining neighbour and 7 metres to the northern adjoining neighbour where a minimum of 12 m is required.

Planners comment

Generally, the building on site exhibits satisfactory side setbacks of 3 metres from the property boundaries and 7.6 metres from the adjoining buildings. Side setbacks cannot be increased as the site is landlocked between two adjoining apartment buildings and the site has a width of 13.41 metres. It is considered that the degree of privacy and amenity is satisfactory.

h.      Section 6.7, Part B - Building appearance

The proposed design does not provide for appropriate scale, rhythm or proportion and as such would have adverse streetscape impacts.

Planners comment

The built form, design, materials and height of the modified building is considered to be satisfactory.

i.        Section 6.8, Part B - Building entry and pedestrian access.

The proposal does not provide for disabled access from Cardigan Street to the building entry.

Planners comment

Condition 24(g) attached to the recommendation requires a chair lift or similar device to be incorporated into the front entry / step area to allow equitable access to the premises from the street by person with a disability.

j.        Section 7.0, Part B - Controls for landlocked sites

The proposed development does not achieve a satisfactory level of solar access, privacy or amenity for either the existing or adjacent dwellings or the proposed boarding rooms. The proposed design would detract from the character of the streetscape.

Planners comment

The development is reduced in height and floor space ratio and as a result, residential amenity and privacy is improved and shadowing to the south is reduced. The applicant has lowered the building by one storey when compared to the original development which reduces the impacts of the development within the immediate locality.

Amenity of proposed boarding house

8.      The development as proposed will not provide for adequate residential amenity for future occupants as detailed below.

a.      The proposal provides for a total of two washing machines and one laundry tub within the common laundry on Level 1. This is not considered sufficient for the number of occupants proposed.

b.      The high sill windows proposed to habitable rooms on the northern elevation will compromise light and outlook to those rooms.

Planners comment

The plans for the development shows that every room is provided with laundry facilities.

The outlook from every room within the development is satisfactory. 

Suitability of the site for the proposed development

9.      The subject site is not considered suitable for the development as proposed due to the inadequacies detailed above (section 4.15(c) of the Environmental Planning and Assessment Act 1979).

Planners comment

The development proposed for the site has been significantly modified and the proposed intensity of use has been reduced. In this regard, the number of rooms has been reduced from 11 to 10, the height of the development has been reduced from four storeys to three storeys and the number of car parking spaces required to support the development has been reduced form 6 to 5. As such, residential amenity has been improved and the development is considered to fit the streetscape.

Environmental Impact

10.    Due to the deficiencies detailed above, the likely environmental impacts of the proposed development are considered to be unacceptable (section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979).

Planners comment

Due to the changes made, the environmental impacts of the development has been reduced and the development as shown in the plans is considered to be acceptable for the street.

Public Interest

11.    Due to the deficiencies detailed above, approval of the proposed development would be contrary to the public interest (section 4.15(1)(d) & (e) of the Environmental Planning and Assessment Act 1979).

Planners comment

The development sought has been reduced in size and as such, the development is considered as being acceptable to the streetscape and the public interest.

Development Application 2020/0453 was lodged with Council on 3 August 2020.

Applicants Supporting Statement

 

The applicant has provided a Statement of Environmental Effects prepared by Think Planners and dated 27 July 2020 in support of the application.

Contact with Relevant Parties

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

Internal Referrals

Development Engineer

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

 

Environment and Health

The development application was referred to Council’s Environment and Health Officer for comment who has requested additional information relating to acoustics.

Comment

In response to this, an acoustic report has been submitted for assessment. Given that the intensity of use of the development is not excessive being a maximum of 12 boarders and a maximum of 5 car parking spaces, it is considered that noise issues will not be excessive. Conditions numbered 23(b), 53 and 94 attached to the recommendation addresses the acoustic matters.

All other matters such as land contamination is satisfactory and conditions numbered 21, 73 and 75 addresses a hazardous materials survey or land contamination..

Tree Management Officer

The development application was referred to Council’s Tree Management Officer for assessment however no objection has been raised in relation to the removal of the tree within the rear yard of the property.

Waste Management

The development application was referred to Council’s Waste Management Officer for comment who has advised that the development proposal is satisfactory subject to a condition that requires the bin tug not to impede access to the bins. In this regard, Condition 23(a) addresses the matter for Panel consideration.

External Referrals

The development application was referred to the Cumberland Police Area Command for assessment who advised on the 9 September 2020 that the development is satisfactory although conditions are required to address crime and safety. Conditions numbered 23(c), 85, 102, 103 and 114 addresses the relevant concerns raised.

PLANNING COMMENTS

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

State Environmental Planning Policies

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

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

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

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

The development application includes the removal of a small Pencil Pine tree within the rear yard. This is an introduced species and having no value to the site. The development does not exceed the biodiversity offsets scheme threshold. Therefore, the proposed vegetation removal is considered acceptable.

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

BASIX Certificate Number 949112M-03 which is dated 23 July 2020 and prepared by Outsource Ideas Pty Ltd has been submitted. The certificate is determined as being generally satisfactory for inclusion into any consent that is issued.

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

·            

Clause 30A Character of the Local Area

A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

Discussion

State Environmental Planning Policy “Affordable Rental Housing” 2009, does not provide guidance on how to determine if a development is compatible with the local area. In this regard case law in the Land and Environment Court has considered the merit assessment of Clause 30A. In addition the Land and Environment Court’s Planning Principle ‘Surrounding Development - Compatibility of proposal with surrounding development’ (Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 provides for guidance on how to assess compatibility of development with the character of local area. Using case law and the Land and Environment Court Planning Principle, a merit assessment of character of the local area should consider the following 3 steps:

·            

·           Step 1 - Identify the local area.

·           Step 2 - Determine the character (present and future) of the local area.

·           Step 3 - Determine if the development is compatible with the character of the local area.

As assessment against each step is provided below:

Step 1 - Identify the local area

This assessment identifies the local area as primarily the visual catchment of the site (as viewed from within the site and directly adjacent to the site on the street) which is shown in the aerial view provided earlier in the report.

The local area for the purposes of this application is outlined on the zoning map below:

There are three storey residential apartment buildings situated to the north and south of the site and apartments to the rear. Land on the western side of Cardigan Street is also zoned R4 which allows for apartment buildings to be constructed. Thus the immediate locality is expected to be dominated by apartment buildings due to the proximity of the Guildford Town Centre and public transport services.

 

Step 2 - Determine the character (present and future) of the local area

The identified character of the area is R4 High Density Residential. The locality is the subject of development pressure in which single storey dwelling houses are being replaced with apartment buildings. As such, the form of development being a 3 storey boarding house development is compatible with the future intentions for the locality.

Step 3 - Determine if the development is compatible with the character of the local area.

In accordance with the Land and Environment Court’s ‘Planning Principle’ and recent case law on the character test within Clause 30A of the ARHSEPP, compatibility is best defined as ‘capable of existing together in harmony’. In order to test compatibility two questions are to be considered. These questions as well as a response to each are provided below:

Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

The above question is relatively objective. Physical impacts generally include privacy, overshadowing, visual bulk and compatibility in the streetscape. In terms of the physical impacts of the development to the adjoining buildings, the following is provided.

·        The development will cast a shadow impact across the lower floors of the apartment building to the south however this is expected given the planning controls that exists on site. It is identified that the proposed building is 4.45 metres below the maximum height limit (the equivalent of 1 storey) imposed by the planning controls for the site. This in turn reduces the shadow impact to the south and improves amenity.

·        The building is setback at least 3 metres from the property boundaries. It is not possible to increase this due to the size of the site and it is not feasible to amalgamate the site with an adjoining development.

·        The proposed floor space ratio is less than what the planning controls permit.

·        Privacy impacts are determined as generally being satisfactory due to the form of windows being used and the use of privacy screens.

·        Minor changes are required to improve the degree of privacy within the ground floor such as converting outdoor space adjacent to rooms 01 and 02 into private courtyards. Condition 23(f) addresses the matter raised.

Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

The predominant building type expected for the locality are three to four storey residential apartment buildings and such developments are likely to continue within the immediate future, especially along the western side of Cardigan Street.

The height of the proposed boarding house is generally in harmony with the height of newer buildings within the locality.

It is identified that the ground floor of the development comprises a common room facing Cardigan Street and there are rooms on the floors above facing the street. The car park is contained within a basement. There is a built form element covering the entrance of the car park and driveway which is situated 1 metre from the property boundary. It is considered that the structure has no adverse impact to the streetscape. It is considered that the building is consistent with the streetscape which is compatible with the existing and future desired character of the locality.

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 2013

The Holroyd Local Environmental Plan 2013 is applicable to the development application. The proposed development is defined as a boarding house which is permitted with consent in the R4 High Density Residential zone. A boarding house is defined as:-

“A building that:

(a)     Is wholly or partly let in lodgings, and

(b)     Providers lodgers with a principal place of residence for 3 months or more, and

(c)     May have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(d)     Has rooms, some of all which may have private kitchen and bathroom facilities, that accommodate or more lodgers,

But does not include backpackers accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment”.

Note. Boarding houses are a type of residential accommodation see the definition of that term in this Dictionary.  

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

The development is compliant with the relevant provisions. A comprehensive LEP assessment is contained in Appendix A.

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

(a)     Draft Cumberland Local Environmental Plan (Draft CLEP)

The Draft Cumberland Local Environmental Plan (Draft CLEP) has been prepared by Cumberland City Council to provide a single planning framework for the future planning of Cumberland City. The changes proposed seek to harmonise and repeal the three existing LEPs currently applicable to the Cumberland local government area, those being:

·    Holroyd Local Environmental Plan 2013,

·    Parramatta Local Environmental Plan 2011, and

·    Auburn Local Environmental Plan 2010.

The current planning controls for the subject site, as contained within the Holroyd Local Environmental Plan 2013 are not proposed to change under the Draft Cumberland Local Environmental Plan. As such, the development would be satisfactory when assessed using the draft planning instrument.

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

The Holroyd Development Control Plan 2013 provides guidance for the design and operation of development to achieve the aims and objectives of the Holroyd Local Environmental Plan 2013.

Whilst there are no specific controls under the HDCP 2013, that are directly relevant to a boarding house development, Part A - General Controls and Part B Residential Controls of the HDCP 2013 have been considered in the assessment.

The proposal generally complies with the requirements of the HDCP 2013 with the exception of the following parts of Part B - Part 1.8 (Subpart C6) Solar access, Part 6.1 (Subpart C1) - Property frontage, Part 6.2 (Subpart C1) - Site coverage and Part 6.3 (Residential Flat buildings) (Subparts C5, C6, C7 and C11) side and rear setbacks including building separation which are considered acceptable on merit as discussed in further detail below. Moreover, it should be noted that the controls whilst relevant are of limited application in so far as the development relates to a boarding house and not a residential flat building. This is used to assist in guiding the development.

The non compliances are discussed below.

Part B of the Holroyd Development Control Plan 2013

Part 1.8 (Subpart C6) Solar access.

A variation to Part 1.8 (Subpart C6) is identified. However, it is considered that the applicant has minimised the shadow impacts and the following is provided:

·    The building has a floor space ratio that is less than that permitted for the site.

·    The height of the development is 4.45 metres lower (equivalent of one storey) than that permitted for the site.

·    Side setbacks are maximised as much as possible.

The planning controls allow the form of development although the applicant is not maximising the development potential of the site. The development is considered to be satisfactory given the site constraints.

Part 6.1 (Subpart C1) - Property frontage

The site should have a minimum property frontage of 24 metres. The property frontage of 13.41 metres creates a variation of 44.2%. It is not possible to consolidate the site into an adjoining site to the north or south given that both sites have recently been developed for three storey apartment buildings. The site is landlocked which has impacted its development potential.

Additionally, smaller forms of development such as dwelling houses and dual occupancies are not permissible on the site given the zoning of the land. As such, there are limited options available for the site. It is considered that a boarding house is a more appropriate development given the site constraints that exists.

Part 6.2 (Subpart C1) - Site coverage

The maximum permitted site coverage is 30%. Instead a site coverage of 34.5% is proposed. The proposed site coverage is considered satisfactory given the size of the building that is proposed.

Part 6.3 (Subpart C5, C6, C7 and C11) - Building setbacks (Side and rear setbacks)

The minimum rear and side setbacks are:-

a.      Rear - 20% of site length or 6 metres whichever is greater - Requires 6.7 metres.

b.      Side setbacks - 3 metres.

c.       Building setbacks (Between other apartment buildings):-

·    12 metres between habitable and non habitable rooms.

·    9 metres between habitable rooms and balconies and non habitable rooms.

·    6 metres between non habitable rooms.

d.      Basement to be setback 3 metres from boundaries.

In relation to the above:-

·    The rear setback is 5 metres for the ground storey and first storey and 6 metres for the second storey.

·    A side setback of 3 metres is achieved however there is a roof element that encroaches to 1 metre of the property boundary along the south west side of the building.

·    The northern and southern setback between buildings is 7.6 metres.

·    The eastern setback ranges from 10 metres to 11 metres.

·    The basement encroaches to within 3 metres of the property boundaries.

It is considered that the variations be supported as the proposed development will not have adverse visual amenity and create significant privacy issues. In addition, privacy screens are to be used for the corridors, there are no habitable rooms facing the southern side boundary, windows are carefully located to avoid direct views onto the windows of adjoining properties and hi light windows are used as appropriate. Where privacy concerns are raised such as the position of the windows for rooms 01 and 02, the issues are able to be rectified. In this regard, Condition 23(f) requires the outdoor space adjacent to rooms 01 and 02 to be converted to private courtyards to service the two rooms.

A comprehensive assessment and compliance table is contained in Appendix B.

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 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 Holroyd Development Control Plan 2013, the proposal was publicly notified for a period of fourteen (14) days between Wednesday 9 September 2020 and Wednesday 23 September 2020. In response, there were fourteen submissions with ten of those being unique in nature.

The issues raised in the public submissions are summarised and commented on as follows:

 

Site issues, design and appearance

 

Social issues

 

 

Traffic and car parking

 

 

 

Engineering and stormwater

 

 

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.

 

Cumberland Local Infrastructure Contributions Plan 2020

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 Cumberland Local Infrastructure Contributions Plan 2020.

 

The calculation is based on the provision of a boarding house with ten (10) rooms. As at the 7 October 2020, the fee payable is $39,830. The figure is subject to indexation as per the relevant plan. The draft determination attached includes condition 29 requiring payment of the contribution prior to the 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.

The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy Affordable Rental Housing 2009 and the Holroyd Local Environmental Plan 2013 and is considered to be satisfactory.

The proposed development is appropriately located within the R4 High Density Residential zone of the Holroyd Local Environmental Plan 2013.

The proposal is generally consistent with all statutory and non-statutory controls applying to the development. Minor non-compliances with Council’s controls have been discussed in the body of this report. The development is considered to perform adequately in terms of its relationship to its surrounding built and natural environment, particularly having regard to impacts on adjoining properties.

Having regard to the relevant matters of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is acceptable for the reasons as outlined within the report. It is recommended that the development be approved subject to conditions.

 

Report Recommendation: 1.       That Development Application 2020/0453 for demolition of existing structures and construction of a three (3) storey boarding house comprising 10 boarding rooms over basement car parking on land at 70 Cardigan Street Guildford be approved subject to conditions as listed in the attached schedule. 2.       Persons whom have lodged a submission in respect to the application be notified of the determination of the application.

 

1.      Draft Notice of Determination  

2.      Architectural Plans  

3.      Stormwater/Engineering Plans  

4.      Redacted Unique Submissions  

5.      Appendix A - Holroyd Local Environmental Plan 2013  

6.      Appendix B - Holroyd Development Control Plan 2013  

7.      Refused Architectural Plans   

 

Attachment 1

Draft Notice of Determination

 9 December 2020

Attachment 2

Architectural Plans

 9 December 2020

Attachment 3

Stormwater/Engineering Plans

 9 December 2020

Attachment 4

Redacted Unique Submissions

 9 December 2020

Attachment 5

Appendix A - Holroyd Local Environmental Plan 2013

 9 December 2020

Attachment 6

Appendix B - Holroyd Development Control Plan 2013

 9 December 2020

Attachment 7

Refused Architectural Plans

 9 December 2020