assessment officer’s recommendation assessment …

DAReportDelegated.dotx of 7

F

Proposal: Construction of a swimming pool

Property: Lot 43 DP 271099, 31 Namatjira Street, Barden Ridge

Applicant: Renee Hinkelbein

File Number: DA20/1115

To be determined by: Team Leader (CG)

Report from: Holly Mayo

REASON FOR THE REPORT This application is referred to the Team Leader because as the proposal is outside of the assessment

officers authorised delegation.

ASSESSMENT OFFICER’S RECOMMENDATION

1.0 THAT:

1.1 That Development Application No. DA20/1115 for construction of a swimming pool at Lot 43

DP 271099, 31 Namatjira Street, Barden Ridge be approved, subject to conditions.

ASSESSMENT OFFICER’S COMMENTARY

2.0 DESCRIPTION OF PROPOSALAn application has been received for the construction of a swimming pool, ancillary to a partly constructed

dwelling house, approved under DA20/0784. The swimming pool is proposed in the rear yard, with a 1m

side setback and 1.8m rear setback.

A site plan is provided below.


Image A. Site Plan

3.0 SITE DESCRIPTION AND LOCALITYThe site is located off the northern side of Namatjira Street, Barden Ridge. The lot is located in the

relatively new subdivision, known as ‘Ridgeway’. The site is rectangular in shape, with a width of 17.5m

and depth of 31.5m. The site area is 551.3m2. The site falls moderately to the rear, by approximately

1.2m. The site and surrounding area is occupied by a partially constructed dwelling.

A locality plan and an aerial photo are provided below.


Image B. Locality Plan

Image C. Aerial Photo

4.0 BACKGROUNDA history of the development proposal is as follows:

The application was submitted on 18 December 2020.

The application was placed on exhibition, with the last date for public submissions being 01

February 2021.

Council requested additional information on 2 February 2021.

Amended plans were lodged on 8 February 2021.

5.0 ADEQUACY OF APPLICANT’S SUBMISSIONIn relation to the Statement of Environmental Effects, plans and other documentation submitted with the

application or after a request from Council, the applicant has provided adequate information to Council to

enable an assessment of this application.

6.0 PUBLIC PARTICIPATIONThe application was advertised in accordance with the provisions of Chapter 42 of Sutherland Shire

Development Control Plan 2015 (SSDCP 2015). Council notified 5 adjoining or affected owners of the

proposal and no submissions were received.

Revised PlansThe applicant lodged revised plans on 8 February 2021. In accordance with the requirements of

SSDCP2015 these plans were not publicly exhibited as, in the opinion of Council, the changes being

sought did not intensify or change the external impact of the development to the extent that neighbours

ought to be given the opportunity to comment.


7.0 STATUTORY CONSIDERATIONSThe land is located within Zone E4 Environmental Living pursuant to the provisions of Sutherland Shire

Local Environmental Plan 2015. The proposed development, being a swimming pool ancillary to a

dwelling house, is a permissible land use within the zone with development consent from Council.

The following Environmental Planning Instruments, Development Control Plan), Codes or Policies are

relevant to this application:

Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015).

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

Sutherland Shire Development Control Plan 2015 (SSDCP 2015).

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

8.0 COMPLIANCEState Environmental Planning Policy No. 55 (Remediation of Land) (SEPP 55)State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55) requires Council to

consider whether the land subject to the development proposal is contaminated; and if the site is

contaminated, Council must be satisfied that the site is suitable or can be made suitable (i.e. following

remediation) for the proposed land use.

A site inspection identified that the site is currently vacant. A review of Council’s GIS and historical aerial

photos has shown that the above was previously bushland.

A search of Council’s records, including historical files, has revealed that the site has had no previous

uses. A search of Council’s contaminated land register specifies that the site is not potentially

contaminated.

In conclusion, the site is suitable for the proposed residential use in accordance with requirements of

SEPP 55.

Greater Metropolitan Regional Environmental Plan No. 2- Georges River CatchmentGreater Metropolitan Regional Environmental Plan No. 2 (GMREP2) includes a number of aims and

objectives for the environment and water quality within the catchment. Appropriate stormwater

management and water quality measures are proposed and there is likely to be minimal adverse impacts

on water quality. Council is of the view that with the implementation of the recommended conditions of

consent the proposal would be consistent with the aims and objectives of GMREP2.

Sutherland Shire Local Environmental Plan 2015The proposal has been assessed for compliance against Sutherland Shire Local Environmental Plan

2015. A compliance table with a summary of the applicable development standards is contained below:


Sutherland Shire Local Environmental Plan 2015

CLAUSE REQUIRED PROPOSAL COMPLIANCE NOTESClause 6.14 - Landscape Area

Minimum 40% 42% Yes

Sutherland Shire Development Control Plan 2015The proposal has been assessed for compliance with SSDCP 2015. A compliance table with a summary

of the applicable development controls is contained below.

5 – Swimming Pools in the E3 and E4 zones

5.2 – Controls for LocationB.5.2.1. Pools shall be located and designed to:a) to minimise disturbance to the

natural landscape with existing significant, healthy trees and vegetation retained and enhanced

b) minimise any impact on native vegetation from excavation

c) minimise any alterations to the natural topography.

Achieved Yes

B.5.2.3. Pool to be sited and designed to retain natural land forms and protect the integrity and stability of geological elements in the vicinity.

Satisfactory Yes

B.5.2.4. Where a pool is located in close proximity to an existing tree, the pool surround/decking shall be of isolated pier and beam construction to prevent tree root damage.

Trees, as approved by DA, are appropriate distance from the proposed pool

Yes

B.5.2.5. Pool to be separated from ancillary development. Non-pool structures to be outside the pool area enclosure.

Compliant Yes

B.5.2.6. The enclosed pool area is to be located and designed so that access between the between the residence and the waterway, street or adjoining public open space is outside the pool enclosure and not through the pool area.

Achieved Yes

B.5.2.7. The pool and surrounds must be designed such that splash, drainage and spill water does not adversely affect waterways and other sensitive natural features, or adjoining properties.

Achieved Yes

B.5.2.8. Pool and associated structures to be located clear of drainage easement.

Achieved Yes

5.3 – Controls for SetbacksB.5.3.1. Outside of pool coping to Pool located in the rear yard Yes


primary street setback – 7.5m min.B.5.3.2. Side/rear setback from outside edge of pool coping/decking/paving where pool is not more than 500mm above ground:a) 1m – where no landscaping b) 1m – where landscaping is

non-climbablec) 1.8m where landscaping is

climbable

1m side setback, non-climbable landscaping

Yes

5.4 – Controls for HeightB.5.4.4. Top of pool to be as close as possible to existing ground.

Satisfactory Yes

5.5 – Controls for Swimming Pool Barrier FencesB.5.5.1. Swimming pool barrier fences are to meet minimum heights, as indicated in Figure 1 and Figure 2 – refer to DCP for figures.

Conditioned to comply with the swimming pools act and regulations.

Yes

B.5.5.2. Max. height for swimming pool barrier fence within side/rear yard – 1.8m.

Achieved Yes

B.5.5.3. Max. height for swimming pool barrier fence within front setback – 1.2m. Fence to be open form.

Achieved Yes

5.6 - Controls for Pool LandscapingB.5.6.2. Pool, surrounds and any decking must be screened by plants if the pool, its surrounds or decking stands more than 500mm above ground level.

Pool paving less than 500mm above ground

B.5.6.3. Screen planting of min. mature height of 1.8m to be provided to maintain a reasonable level of privacy.

No screen planting proposed

9.0 ASSESSMENTA detailed assessment of the application has been carried out having regard to the matters for

consideration under Section 4.15(1) of the Environmental Planning and Assessment Act 1979. The

following matters are considered important to this application.

9.1 EarthworksThe proposal includes earthworks and Clause 6.2 of SSLEP 2015 requires certain matters to be

considered in deciding whether to grant consent. These matters include impacts on drainage; future

development; quality and source of fill; effect on adjoining properties; destination of excavated material;

likely disturbance of relics; impacts on waterways; catchments and sensitive areas and measures to

mitigate impacts. The relevant matters have been considered and the application is acceptable.

9.2 Stormwater Management


Clause 6.4 of SSLEP 2015 requires Council to be satisfied of certain matters in relation to stormwater

management prior to development consent being granted. These matters include maximising permeable

surfaces; on-site stormwater retention minimising the impacts on stormwater runoff. These matters have

been addressed to Council’s satisfaction.

9.3 Archaeological SensitivityCouncil records indicate that the subject site is rated high in terms of Archaeological Sensitivity. A site

inspection did not reveal any evidence of shell material or significant sandstone features within the

development zone. The proposal does not warrant an Aboriginal Archaeological Study being undertaken.

10.0 DEVELOPMENT CONTRIBUTIONSThe proposed development has a value of less than $100,000 and therefore does not attract any Section

7.12 contributions.

11.0 DECLARATIONS OF AFFILIATION, GIFTS AND POLITICAL DONATIONSSection 10.4 of the Environmental Planning and Assessment Act, 1979 requires the declaration of

donations/gifts in excess of $1000. In addition the development application form requires a general

declaration of affiliation. In relation to this application no declaration has been made.

12.0 CONCLUSIONThe application has been assessed having regard to the matters for consideration under Section 4.15 of

the Environmental Planning and Assessment Act 1979. The application will not result in any significant

impact on the environment or the amenity of nearby residents. Following assessment, the application is

supported for the reasons outlined in this report.

The officer responsible for the preparation of this report is:

Author: Holly Mayo Date: 23 February 2021

Assessment Officer

Checked by: Chris Greig Date: 25 February 2021

Electronically Published by Administration Officer: PBS

assessment officer’s recommendation assessment …

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