ihap 02032015 agn meetings... · ihap chairperson and panel members notice is hereby given that a...

BUSINESS PAPER

Meeting of

INDEPENDENT HEARING AND ASSESSMENT PANEL

2 MARCH 2015 ________________________

Canterbury City – a great place to live and work

IHAP Chairperson and Panel Members Notice is hereby given that a meeting of the Independent Hearing and Assessment Panel will be held in the Function Room, 137 Beamish Street, Campsie on Monday 2 March 2015 at 6.00 p.m. Disclosure of Interest: Section 451 of the Local Government Act 1993 requires a panel member who has a pecuniary interest in any matter with which the Council is concerned and who is present at the meeting at which the matter is being considered must disclose the interest, and the nature of that interest, to the meeting as soon as practicable. The panel member is required to leave the room while the matter is being discussed and not return until it has been voted on. Jim Montague PSM GENERAL MANAGER 20 February 2015

INDEPENDENT HEARING AND ASSESSMENT PANEL 2 MARCH 2015

Page 1

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

EAST WARD

1 2-6 MESSITER STREET, CAMPSIE: DEMOLITION AND CONSTRUCTION OF MIXED DEVELOPMENT CONTAINING RESIDENTIAL APARTMENTS, COMMERCIAL TENANCIES AND BASEMENT PARKING .............................................................................................. 5

2 17 RIVERSIDE ROAD, CROYDON PARK: DEMOLITION AND CONSTRUCTION OF AMENITIES BUILDING WITH CHANGE ROOMS, SHOWERS, TOILETS, REFEREES ROOM AND STOREROOM ............................................................................................................ 29

3 205 HOMER STREET, EARLWOOD: CONSTRUCTION OF FIVE STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING. .............................................. 39

4 630-634 NEW CANTERBURY ROAD, HURLSTONE PARK: CONSTRUCTION OF SIX STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING .................. 62

WEST WARD

5 1408-1410 CANTERBURY ROAD, PUNCHBOWL: DEMOLITION, CONSTRUCTION OF SIX STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING .................. 90


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REPORT SUMMARIES

1 2-6 MESSITER STREET, CAMPSIE: DEMOLITION AND CONSTRUCTION OF MIXED DEVELOPMENT CONTAINING RESIDENTIAL APARTMENTS, COMMERCIAL TENANCIES AND BASEMENT PARKING

This application seeks our consent for demolition of all existing structures and construction of a six storey mixed use development comprising 49 residential apartments, seven commercial tenancies and two levels of basement car parking for 78 vehicles.

The subject site is zoned B5 – Business Development under Canterbury Local Environmental Plan 2012 and the proposed development is permissible with Council consent.

The application has been assessed against the relevant environmental planning instruments and development control plan. The proposal fails to comply with the relevant controls relating to height, building separation, minimum internal dwelling design requirements, front and rear setbacks, visual privacy and solar access and stormwater drainage. These issues of non-compliance are discussed in the body of this report.

In accordance with Part 7 of CDCP 2012, all owners and occupiers of adjoining and affected properties were notified of the proposed development on two occasions. During the first notification period, 49 submissions, 18 pro-forma letters and a petition with 219 signatures were received. During the second notification period, six submissions, eight pro-forma letters and a petition with 106 submissions were received. The issues raised have been addressed and are discussed in greater detail in the body of this report.

The Acting Director City Planning has recommended the application be refused.

2 17 RIVERSIDE ROAD, CROYDON PARK: DEMOLITION AND CONSTRUCTION OF AMENITIES BUILDING WITH CHANGE ROOMS, SHOWERS, TOILETS, REFEREES ROOM AND STOREROOM

The applicant seeks approval to demolish the two existing amenities buildings within Rosedale Reserve and construct a new amenities building. The new amenities building is to contain home and away change room facilities and associated showers and toilets, male and female public toilets, a disabled toilet, a referees room, store rooms, covered seating area and breezeway.

The development has been assessed against the relevant provisions contained within the Canterbury Local Environmental Plan 2012 (CLEP 2012) and Canterbury Development Control Plan 2012 (CDCP 2012). The development was found to have satisfied the relevant provisions of the CLEP 2012 and CDCP 2012.

The proposal is permissible with the consent of Council being works ancillary to a ‘recreation area’.

The subject proposal was notified and advertised in accordance with the provisions of Part 7 of the CDCP 2012. No submissions were received.


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The Acting Director City Planning has recommended that the application be approved subject to conditions.

3 205 HOMER STREET, EARLWOOD: CONSTRUCTION OF FIVE STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING.

The application seeks consent to demolish the existing structures and construct a five storey mixed commercial and residential development containing two basement car parking levels, ground floor commercial tenancies and 26 residential units.

The subject site is zoned B2 – Local Centre under Canterbury Local Environmental Plan 2012 and the proposed development is permissible with our consent.

The development application has been assessed against the relevant environmental planning instruments and development control plan. The proposed development involves minor non-compliances with some of these controls. However, the development is consistent with and reflects the objectives of the zone. The corner context of the subject site has been taken into consideration during the assessment.

The development application was notified in accordance with the provisions of Canterbury Development Control Plan 2012. During this period, three submissions were received, one of which is in the form of a petition signed by 21 households. These issues have been addressed and are discussed in the body of this report.

The Acting Director City Planning has recommended the application be approved subject to conditions.

4 630-634 NEW CANTERBURY ROAD, HURLSTONE PARK: CONSTRUCTION OF SIX STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING

The application seeks consent to demolish the existing structures and construct a five storey shop top housing development comprising one retail shop, five serviced apartments, 20 residential units and associated basement car parking.


The development application has been assessed against the relevant environmental planning instruments and development control plan. The proposed development is generally compliant with these requirements, with the exception of building height and minor non-compliances with the building separation and bedroom dimension controls.

The development application was notified in accordance with the provisions of Canterbury Development Control Plan 2012. No submissions were received.



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5 1408-1410 CANTERBURY ROAD, PUNCHBOWL: DEMOLITION, CONSTRUCTION OF SIX STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING

This application seeks our consent for demolition of all existing structures and construction of a six storey mixed use development comprising 31 residential apartments, one commercial tenancy and two levels of basement car parking for 49 vehicles.


The application has been assessed against the relevant environmental planning instruments and development control plan. The proposal fails to comply with the relevant controls relating to lot amalgamation, minimum site width, building separation, minimum internal dwelling design requirements, vehicular access, car parking, solar access and waste management. These issues of non-compliance are discussed in the body of this report.

In accordance with our notification policy, all owners and occupiers of adjoining and affected properties were notified of the proposed development on two occasions. During this period, seven submissions were received within the first notification period and a further three submissions were received in the second phase of notification. The issues raised have been addressed and are discussed in greater detail in the body of this report.



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EAST WARD

1 2-6 MESSITER STREET, CAMPSIE: DEMOLITION AND CONSTRUCTION OF MIXED DEVELOPMENT CONTAINING RESIDENTIAL APARTMENTS, COMMERCIAL TENANCIES AND BASEMENT PARKING

FILE NO: 588/2D

REPORT BY: ACTING DIRECTOR CITY PLANNING

WARD: EAST

D/A No: DA-341/2014

Applicant:

Owners:

GM Architects

Manh Hung Le, Thi Kim Cuong Nguyen, Fouzart A Hasn, Hanne A Hasn, Robert Safi

Zoning: B5 – Business Development

Application Date: 8 August 2014, additional information received 27 November 2014

Summary:

This application seeks our consent for demolition of all existing structures and construction of a six storey mixed use development comprising 49 residential apartments, seven commercial tenancies and two levels of basement car parking for 78 vehicles.


The application has been assessed against the relevant environmental planning instruments and development control plan. The proposal fails to comply with the relevant controls relating to height, building separation, minimum internal dwelling design requirements, front and rear setbacks, visual privacy and solar access and stormwater drainage. These issues of non-compliance are discussed in the body of this report.

In accordance with Part 7 of CDCP 2012, all owners and occupiers of adjoining and affected properties were notified of the proposed development on two occasions. During the first notification period, 49 submissions, 18 pro-forma letters and a petition with 219 signatures were received. During the second notification period, six submissions, eight pro-forma letters and a petition with 106 submissions were received. The issues raised have been addressed and are discussed in greater detail in the body of this report.



2-6 MESSITER STREET, CAMPSIE: DEMOLITION AND CONSTRUCTION OF MIXED DEVELOPMENT CONTAINING RESIDENTIAL APARTMENTS, COMMERCIAL TENANCIES AND BASEMENT PARKING (CONT.)

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Council Delivery Program and Budget Implications:

This report has no implications for the Budget. The assessment of the application supports our Community Strategic Plan long term goal of Balanced Development.

Report:

Site Details The site is formed by three lots located on the south western corner of Canterbury Road and Messiter Street and is known as 2-6 Messiter Street, Campsie. The subject land is relatively flat with a moderate cross-fall from south to north, with a total fall of 1m. The site has a main frontage to Canterbury Road of 41.453m, a secondary frontage to Messiter Street of 42.672m and an overall site area of 1768.75m2. Each allotment is currently occupied by a single storey fibro dwelling. Vehicular access to each allotment is provided via an existing driveway situated off Messiter Street. Immediately adjoining the site to the south is a child care centre. To the east is a two storey shop top housing development, with an office/showroom on the ground floor and a dwelling on the first floor. The immediate and wider surrounding locality comprises various types of low to medium scale residential dwellings and a variety of retail, commercial and warehouse land uses fronting Canterbury Road. All land to the rear of the site is zoned R3 Medium Density Residential under Canterbury Local Environmental Plan 2012.

Aerial view of subject site



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Proposal The proposal involves the demolition of existing dwellings and associated structures and construction of a six storey mixed use development comprising 49 residential apartments, seven commercial tenancies and two levels of basement car parking accommodating 78 vehicles. The dwelling mix of the development comprises of 23 x one bedroom units, 25 x two bedroom units and one x three bedroom units. Statutory Considerations When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans, codes and policies are relevant: Canterbury Local Environmental Plan 2012 (CLEP 2012) State Environmental Planning Policy 55 – Contaminated Land (SEPP 55) State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) State Environmental Planning Policy (Infrastructure) 2007 (SEPP 2007) State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX) Canterbury Development Control Plan 2012 (CDCP 2012) Assessment The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge: Canterbury Local Environmental Plan 2012 (CLEP 2012)

This site is zoned B5- Business Development under CLEP 2012. The controls applicable to this application are:

Standard Requirement Proposal Complies Zoning B5 – Business

Development The proposed development is located on a ‘key site’. The proposed development is defined as a ‘mixed use development’ and is permissible with consent.

Yes

FSR N/A 2.23:1 Yes Building height 18m 21m No – see

comments below

The proposed development does not comply with the building height standard. An assessment of the proposed variation against Clause 4.6 of CLEP 2012 is discussed below: Height The proposal complies with the standards found in CLEP 2012, with the exception of height. The increased height derives from the ledge of the roof top terrace and the lift and stair overrun, resulting in an overall height of 21m. As such, the development seeks a variation to Clause 4.3 of CLEP 2012 relating to the height of buildings. The applicant has submitted a justification in accordance with Clause 4.6 of CLEP 2012 regarding the non-compliance of the development standard as summarised below.



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Clause 4.6 of the LEP applies to this development as follows: (3) Development consent must not be granted for development that contravenes a

development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating; (a) that compliance with the development standard is unreasonable or

unnecessary in the circumstances of the case;

Comment The applicant states that the standard is unnecessary in this instance as the excess height of the proposal relates to the lift and fire stair overrun to access the communal open space. However, the non-compliance with the rear setback control under CDCP 2012 may result in these elements being more readily seen from the properties to the south. Detailed shadow diagrams showing both the indoor and outdoor play areas of the childcare to the south were not submitted with the application and these elements may adversely overshadow the property to the south. In this instance, it is not unreasonable for the development to comply with this standard.

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

Comment The proposed variation to the height standard, in addition to the non-compliances with front and rear setbacks, solar access, visual privacy and building separation may result in a building that appears bulky and out of character with the desired future character. Given the extent and number of non-compliances with our controls, there are insufficient environmental planning grounds to justify a variation to this standard. Should a more compliant design be lodged for the site, a variation to building height may be supported. (4) Development consent must not be granted for development that contravenes a

development standard unless: (a) the consent authority is satisfied that; (i) the applicant’s written request has adequately addressed the matters

required to be demonstrated by sub-clause (3); Comment The applicant’s written statement adequately covers matters required by sub-clause 3.

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out;

Comment The proposed development is not in the public interest. Height was a recurring concern in the petitions, pro-forma letters and submissions received for the development.



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A variation to the height standard, in addition to the non-compliances with setbacks and building separation identified with CDCP 2012, will result in a building that is too large for the site and may have adverse impacts on surrounding properties. Approval of the proposed building may result in an undesirable precedent along Canterbury Road and in the B5 zone.

(b) the concurrence of the Director-General has been obtained. Comment The concurrence of the Director General is assumed having regard to previous advice received from the Department of Planning and Infrastructure in Circular PS-08-003. Having regard to the above commentary, support is not given to the submission under Clause 4.6 of CLEP 2012 to permit the proposed development.

State Environmental Planning Policy 55 – Contaminated Land (SEPP 55)

The geotechnical investigation prepared by Benviron (Report No. G52, Dated: October 2014 and received by Council on 27 November 2014) concludes that the site can be made suitable for the proposed development. This satisfies the requirements of SEPP 55. Should the application be approved, a condition of consent must be included as part of the consent referring to the implantation of the recommendations outlined within this report.

State Environmental Planning Policy 65 - Design Quality of Residential Flat

Development (SEPP 65) This policy applies to residential flat buildings of three or more storeys and is required to be considered when assessing this application. SEPP 65 aims to improve the design quality of residential flat buildings across NSW and provides an assessment framework, the Residential Flat Design Code (RFDC), for assessing ‘good design’. Clause 50(1A) of the Environmental Planning and Assessment Regulation 2000 requires the submission of a design verification statement from the building designer at lodgment of the development application. In addition, SEPP 65 requires the assessment of any DA for residential flat development against ten principles contained in Clauses 9 to 18 and we are required to consider the matters contained in the RFDC. Context The mixed-use development is consistent with the future character of the area and is a permissible use within the zone. Higher density mixed use development will be a characteristic of the area. However, the proposed development does not include any side setbacks which provides no separation from future development to the east. This will pave the way for future neighbouring developments to also provide no side setbacks creating a tunnelling affect in terms of streetscape. This may also impact on the amenity for future residents within reduced opportunities for direct solar access and ventilation, increasing dependence on light wells within development which will only provide a substandard level of amenity. However, it is noted that CDCP 2012 requires a 4.5m side setback for straight residential development only.



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Further to this, the proposal does not comply with the rear setback requirements outlined under CDCP 2012. The shadow diagrams submitted with the application indicate that the proposed development is likely to create unreasonable impacts on both the internal and external play areas of the childcare centre. This issue is discussed in further detail below. Thus, the subject design is not considered to be suitable given the existing site context. Scale The proposal is in keeping with all relevant numerical standards and objectives outlined in CLEP 2012. The development however will create an undesirable precedent with no side setbacks/building separation and minimal visual relief when viewed from the front and rear of the site. The proposed front portion of the development will create a ‘street wall’ presentation to Canterbury Road which is consistent with CDCP 2012 with regard to B2 – Local Centre zones. The subject site is not zoned B2 – Local Business. Further, the scale of the rear portion given potential overshadowing of the site is considered to be excessive. Built Form The mixed use nature of the proposal is appropriate in context with the future objectives of the zone and desired future character of the locality. The front portion of the proposal achieves a built form that will contribute positively to the streetscape and generally provides good amenity for residents in the short term. However, when neighbouring sites too are redeveloped, similarly with no side setbacks, the development trend will allow minimal direct light and ventilation to penetrate the central area of these developments. As such the built form is considered to be inadequate. Density The site is zoned B5 Business Development under CLEP 2012 and is capable of sustaining an increased density. The development does not comply with a number of the applicable density controls for mixed use developments under CLEP 2012, including front and rear setbacks and building separation, which results in a building that is inconsistent with the desired future character for the locality. Resource, Energy and Water Efficiency Beyond the energy and resource commitments required from the application’s BASIX Certificate, the RFDC requires additional energy efficiency commitments which are mainly focused on cross-ventilation and solar access. The RFDC states that a minimum of 60% of the units be cross ventilated. The plans submitted demonstrate that 29 out of 49 units (equivalent to 59%) will be cross ventilated, which is slightly under the RFDC requirements. In addition, the RFDC requires that 70% of units receive direct solar access to their living spaces. Shadow diagrams were provided to demonstrate that the living areas of 73% (36 out of 49) of the units can achieve a minimum of two hours of sunlight between 9am and 3pm.



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The RFDC suggests that no more than 10% of dwellings have a single southerly aspect. Of the 49 proposed dwellings, five have a single southerly aspect. This equates to 10.2% of the overall housing, which slightly exceeds this control. The proposal does not comply with the cross ventilation and single southerly aspect ‘rules of thumb’, indicating that the proposal has not been designed so as to maximise energy efficiency. Landscape The landscape plan has been reviewed by our landscape architect and generally satisfies the requirements of CDCP 2012. Amenity The proposed development will provide a reasonable level of amenity for future occupants of the development at this time, before neighbouring sites are developed. Should the neighbouring sites also be redeveloped to a similar scale, the lack of building separation from the side elevations will diminish solar access and ventilation to many of the apartments. The development is also likely to create adverse overshadowing impacts upon adjoining and surrounding properties and restrict the full development potential of the adjoining western properties. In this regard, the proposed design is not considered to be suitable and should be redesigned so that the amenity of adjoining properties is not affected and adjoining western properties are capable of accommodating well designed and high end finished mixed use developments in accordance with the objectives and requirements of relevant State and local environmental planning policies. Safety and Security The applicant has considered Crime Prevention Through Environmental Design (CPTED) principles as outlined in CDCP 2012 in the design of the project. The proposal provides increased activation and passive surveillance of the surrounding streets and private open space areas on the site. Additional crime prevention and community safety conditions could be imposed, should the application be recommended for approval. Social Dimensions and Housing Affordability The mixed use development will add to the range of dwelling size options and optimise the provision of housing to suit social mix. This aims to address the issue of affordability and is expected to meet existing and anticipated housing demand into the future. Aesthetics Although the building has a suitable palette of finishes and the design will satisfactorily relate to the Canterbury Road frontage, the proposal is not considered to be suitable as it is inconsistent with the provisions of CDCP 2012. It should therefore be redesigned to comply with all relevant controls relating to building separation, setbacks and solar access.



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State Environmental Planning Policy (Infrastructure) 2007 (SEPP 2007) State Environmental Planning Policy (Infrastructure) 2007 aims to facilitate the effective delivery of infrastructure, including providing appropriate consultation with relevant public authorities about certain development during the assessment process. The subject site is located on Canterbury Road which is a classified road for the purposes of the SEPP. In accordance with Clause 104 of the State Environmental Planning Policy (Infrastructure) 2007, the proposed development falls under the requirements of Schedule 3 of the SEPP and requires referral to Roads and Maritime Services (RMS). The development application was referred to the RMS, in accordance with Clause 104 of the SEPP, and no objections were raised to the proposed development subject to conditions being imposed on any development consent issued. Clause 102 of the SEPP states that a consent authority must consider likely impacts from road noise and vibration for development adjacent to certain road corridors. In particular, the SEPP requires that for the purposes of a residential use, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded: (a) in any bedroom in the building—35 dB(A) at any time between 10 pm and 7

am, (b) anywhere else in the building (other than a garage, kitchen, bathroom or

hallway)—40 dB(A) at any time. The application has been accompanied by an Acoustic Report (prepared by Acoustic Logic, Document Reference: 20140693.1/2406A/R0/JL) which details various measures that are to be incorporated in the construction of the building to ensure compliance with the above requirements and safeguard the amenity of future occupants of the development. The proposed development therefore meets the requirements of State Environmental Planning Policy (Infrastructure) 2007. Where required, relevant conditions will need to be imposed on any development consent issued.

State Environmental Planning Policy 2004 – (Building Sustainability Index:

BASIX) BASIX Certificate No.559208M accompanies this application. The Certificate makes a number of energy and resource commitments in regard to landscaping, specific toilet and kitchen fittings, natural lighting and thermal comfort. These commitments have been shown on the DA plans, and satisfy the requirements of the SEPP.

Canterbury Development Control Plan 2012 (CDCP 2012)

The proposed development has been compared to the requirements of CDCP 2012 as follows:



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Standard Requirement Proposed Complies Isolation of sites

No isolation of neighbouring properties so that it is incapable of being reasonably developed

No isolation of neighbouring properties

Yes

Minimum Frontage

Min. 30 metres in B5 zone 41.543m to Canterbury Road Yes

Building Height

Floor to ceiling height in commercial min. 3.3m

Min 3.2m Yes

Floor to ceiling height in residential min. 2.7m

Min 3m Yes

Floor to ceiling height in car parking min. 2.8m

Min 3m Yes

Building Depth

Commercial component 10-24 metres

11m-13m Yes

In general, an apartment building depth of 10-18 metre is appropriate

All apartments have a depth of less than 18m

Yes

Building Setbacks

Front: 1-4 storeys – 3m from street > 4 storeys – 5m from street

Basement levels - nil 1-4 storeys -3m >4 storeys – 5m

No – see comments below

Rear: Establish 45 degree height plane from projected 6m from residential zone boundary and two storey height limit applies

Development does not comply with 45 degree height plane. Four storeys face the residential zone to the south on a 7.5m setback.

No – See comments

Building Separation

Non-habitable to non-habitable 3m up to 3 storeys 6m 4th storey 9m 5th to 8th storey

The building separation requirements do not apply within the development, given the ‘L’ shape design of the building. However, there is nil separation provided to the existing development to the west. A 8.5m separation is provided between the non-habitable rooms to the south and the childcare centre.


Building Configuration

At ground floor level viable shop fronts for business activities are to be created

Viable commercial tenancy is to be provided at the ground floor level

Yes



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Standard Requirement Proposed Complies Car and Bicycle Parking (based on rates for large centres)

Residential 1 space per 1 bedroom dwelling/studio (23 spaces) 1.2 spaces per 2 bedroom dwelling, with the 0.2 to remain as common property (30 spaces) 2 spaces per 3 bedroom dwelling (2 spaces) 1 car wash bay 1 space per 5 dwellings for visitor parking (10 spaces) Commercial 1 space/40m2 plus 1 courier car space (10 spaces, including the courier car space) Total: 76 spaces

78 spaces provided. However, compliance with the front setback control would result in significant amendments to the basement car parking levels, reducing the number of car parking spaces able to be accommodated on site.

Yes – see comments below

Bicycle Parking 1 space per 5 dwellings (residents) – 6 spaces required 1 space per 10 dwellings (visitor) – 5 spaces required 1 bicycle space for commercial component Total: 12 bicycle spaces

A total of 14 bicycle spaces are proposed to be provided within the development’s first basement level.

Yes

Design Controls

Clearly identifiable entries. Provide main common entry.

Clear entry provided as main common entry

Yes

Habitable room window to face communal areas

Habitable windows facing perimeter of the development

Yes

No obstruction to views from street to development and vice versa

Natural surveillance provided for surrounding streets

Yes

Façades – New 3-5 storey buildings

To be in accordance with articulation controls of this DCP

Façade is in accordance with the articulation requirements, as outlined in this table.

Yes

Articulation Buildings should generally have a base and upper elements

Building has base and upper levels

Yes

The design of the façade, including the quality and durability of its materials, should be emphasised.

Materials of a high quality and are durable.

Yes

The ‘façade’ should have a strong sense of verticality, emphasised on the ground floor by modulation at intervals of 6-8 metres with some variation. Modulation above the ground floor may take the form of party walls, small bays, as well as variations in materials and colours.

There is a stronger emphasis on horizontal elements, emphasising the bulk and scale of the development.




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Standard Requirement Proposed Complies A visual finish using expressed eaves, cornice or parapet elements with shadow lines is desirable.

Shadow lines to be created through the use of building design elements

Yes

No blank walls are to face the public realm

No blank walls face Canterbury Road

Yes

Balconies should be used in moderation and be integrated into the overall composition of the façade.

Balconies are integrated into the overall design of the façade. There is adequate variety in the balconies configuration between the lower and upper levels of the development.

Yes

The majority of windows shall be vertically rectangular

Majority of windows are to be vertically rectangular

Yes

Roof Design Relate roof design to the desired built form and or context

Roof design is consistent with the desired built form of the area

Yes

Design roofs to respond to the orientation of the site, for example, by using eaves and skillion roofs to respond to solar access.

Roof structure takes advantage of the northerly aspect to provide maximum solar access

Yes

Service and Utility Areas

Integrated into the design of development and are not visually obtrusive

Service and utility areas integrated into the design adequately

Yes

Unscreened appliances not to be visible from the street, communal area of driveway on the site. Air con units behind balustrades, screened recesses for water heaters, meters in service cabinets.

Appliances not visible from public areas

Yes

Communal rooftop antenna to be provided

Should the application be approved, this can be imposed as a condition of consent.

Yes

Screen clothes drying areas from public view, storage space screened and integrated into design

Adequately screened Yes

Discretely locate mailboxes in front of property

Mailboxes to be provided along Messiter St

Yes

Performance Controls Visual Privacy Locate and orientate new

developments to maximise visual privacy between buildings

Some balconies along the south western portion of the development, face the south. In combination with the non-compliant setback, this could have adverse privacy impacts on existing properties to the south.


Balconies Primary 8m2 balconies for 1 bedroom dwellings and 12m2 for 2 & 3 bedroom dwellings

Balconies to provide the minimum private open space requirements.

Yes



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Standard Requirement Proposed Complies Full length balconies without articulation are not permitted

Articulation and building design elements incorporated to provide relief to balconies.

Yes

Primary balconies to be located adjacent to main living areas.

All primary balconies are accessible directly off living room

Yes

Primary balconies to have minimum depth of 2m and be functional in dimensions

Minimum depth of 2m and functional in design

Yes

One area at least 2.5m x 2.5m which is suitable for outdoor dining

All balconies comply with this requirement

Yes

Design and detail balconies in response to local climate

Majority of balconies have northern aspect

Yes

Communal Area: Min. 10% of site area as communal open space (Required 180m2)

360m2 Yes

Internal Dwelling Space and Design

Dimensions and design of interiors to accommodate furniture typical for purpose of room

Interiors designed to accommodate furniture typical for the purpose of each room

Yes

Living room and main bedroom min 3.5m dimension

Some units include rooms with width of 3m.


Secondary bedrooms to have minimum 3m width

Minimum 3m Yes

Storage Minimum 6m3 for one bedroom dwellings, 8m3 for two bedroom dwellings and 10m3 for three or more bedroom dwellings

Minimum 6m3 for one bedroom dwellings, 8m3 for two bedroom dwellings and 10m3 for proposed three bedroom dwelling. To be reinforced via condition should the application be approved.

Yes

Housing Choice

Provide 10% of residential units, in each building with more than 30 units, as adaptable and accessible apartments.

No units have been nominated as adaptable/accessible. This could be conditioned, should the development be recommended for approval.

Yes – via condition

Crime Prevention Site and Building Layout

Address the street, or both streets and corners

The building and dwellings are orientated towards Canterbury Road

Yes

Habitable rooms with windows at front of dwellings

Dwellings have been orientated to ensure windows front the communal areas of the development

Yes

Avoid blind corners in pathways, stairwells, hallways and car parks.

The building layout avoids blind corners

Yes

Access Control

Access to the individual units be clearly marked and apparent to visitors

The entry is to be clearly numbered with the dwellings accessible through that entry

Yes



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Standard Requirement Proposed Complies Install intercom, code or card locks or similar to main entries to buildings, including car parks.

Intercoms and controlled access measures to be installed at building entry point, including basement car park. This is to be reinforced as a condition of consent should the application be approved.

Yes

That concealment points be eliminated

The proposal eliminates concealment points by controlling access to the site

Yes

Ownership Dwellings and communal areas to provide sense of ownership

Sense of ownership achieved through the use of design features, building materials and site layout.

Yes

Climate and Energy Site layout and building orientation

Design and orientate the building to maximise solar access and natural lighting, without unduly increasing the building’s heat load.

Solar access maximised through northern orientation of balconies.

Yes

Design and site the building to avoid casting shadows onto neighbouring buildings, outdoor space and solar cells on the site and on adjoining land.

Sufficient information has not been submitted demonstrating that the indoor and outdoor play areas of the existing childcare centre at 8 Messiter Street will receive a minimum 2 hours of sunlight between 9am and 3pm on 21 June.

No – see comment below

Coordinate design for natural ventilation with passive solar design techniques

Design allows for natural ventilation and incorporates passive solar design techniques however the development does not meet the cross ventilation and single southerly aspect ‘rules of thumb’ outlined in RFDC, as discussed above.

No – see comments under ‘SEPP 65’ assessment above

Provide adequate external clothes drying areas for all residents in the building

Adequate clothes drying facilities can be provided – via condition should the application be approved.

Yes – via condition

Internal layout Configure the building to maximise solar access to rooms that are occupied during the day (such as living areas, offices, waiting rooms and lunchrooms). Locate service areas to the south and west of the building.

Building configured to receive solar access.

Yes



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Standard Requirement Proposed Complies Windows and glazing

Place more windows on the northern side than on other sides of the building, so that there are more windows gaining heat than there are losing heat in winter months, and sun penetration is reduced in summer.

Placement of windows on the northern side has been incorporated into the design.

Yes

Insulation and thermal mass

Use insulation in the roof, ceiling, walls and floors to deflect heat and prevent the building from heating up in summer, and to contain heat and prevent the building from cooling down in winter, as follows: - Roof: minimum 2.0 R-value - Wall: minimum 1.0 R-value - Floor: minimum 1.0 R-value

This has been addressed in the BASIX Certificate.

Yes

Daylight and sun access

At least 70% of proposed apartments to living room areas and private open space to receive 2 hours sunlight between 9.00 am and 3.00 pm in mid-winter

73% of living room areas will receive sunlight between 9am – 3pm in mid-winter.

Yes

Living room windows and principal ground level open space of adjoining dwellings receive at least 2 hours sunlight

Proposal does not demonstrate compliance with this requirement.


Ventilation Provide natural cross ventilation to at least 60% of dwellings and natural ventilation to 25% of kitchens

Natural cross ventilation is provided to 59% of dwellings and to 25% of kitchens

No – see comments under ‘SEPP 65’ assessment above

As demonstrated in the above table, the proposed development does not comply with the controls relating to the rear setback, solar access and privacy impacts of adjoining development, front setback, building separation and minimum internal dwelling design. Other minor non-compliances identified in regard to the clothes drying facilities and the nomination of adaptable units could be conditioned, should the application be recommended for approval. The more significant non-compliances identified in the table above are discussed below: Front setback and car parking CDCP 2012 requires a minimum 3m setback to Canterbury Road. One of the objectives of the front setback control is to increase setbacks along Canterbury Road in order to provide for possible future implementation of street parking. As such, the basement levels containing car parking must comply with the setback in order to facilitate any future acquisition.



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Amendments to the basement car parking levels to comply with this requirement would result in significantly reduce the number of car parking spaces and storage provided for the development. This would in turn reduce the number of dwellings able to be accommodated on site. The proposal is unable to be supported with the current proposed front setback. Rear setback Canterbury Road is the primary frontage for the development. As such, any development on the site must comply with the rear setback controls for development on boundary with a residential zone, as outlined in CDCP 2012. The controls specify that a 45 degree height plane projected at 6m from the residential boundary must apply to any mixed use development. A two storey limit on the boundary with the residential zone also applies. The proposed development has four storeys facing the rear southern boundary, with a 7.5m setback. The proposal significantly encroaches within the required 45 degree height plane. The relevant objectives of the rear setback control are to establish the desired spatial proportions of the street and define the street edge, to minimise building size and bulk by setting back upper storeys and to minimise amenity impacts on adjoining properties. The non-compliance with the rear setback requirements results in a building that does not transition well into the single and two storey development residential zone within Messiter Street. The contrast of the four storey portion of the development to the adjoining single storey development to the south, emphasises the building bulk and scale. It also highlights that the building is not in proportion with the Messiter Street streetscape and character. Compliance with the required two storey height limit and height plane at the rear of the development may mitigate these issues. Our consistent interpretation of development of corner sites along major roads is that the major road is the front boundary. For the proposed development, the site has a front boundary to Canterbury Road and a rear boundary to 8 Messiter Street. The applicant’s position is that the boundary to 8 Messiter Street is a side boundary, given the site’s secondary frontage to Messiter Street. A recent Land and Environment Court decision of Prolet Constructions Pty Ltd v Canterbury City Council, Pearson C considered in order to determine if a boundary is a rear or side boundary. Pearson C said that “given that the existing lots are proposed to be consolidated, the existing subdivision pattern is of limited relevance”. In this instance, the existing lots’ frontages to Messiter Street are of limited relevance. Pearson C also considered the “general orientation of the proposed retail and residential units” in order to determine the ‘front’ and ‘rear’ boundaries. The proposed retail premises and the majority of residential units face Canterbury Road, indicating that the development has a frontage to Canterbury Road and therefore a rear boundary to 8 Messiter Street. In the circumstances of this case, the subject site’s boundary with 8 Messiter Street is considered a rear boundary.



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Solar access and visual privacy to adjoining property to the south The non-compliance with the rear setback controls may also have adverse impacts on the solar access and visual privacy to the property to the south. The site to the southern (rear) of the subject site contains an existing childcare centre, which operates from 7am – 6pm, Monday to Friday. The proposal has windows and balconies at the south east portion of the development, facing the childcare centre. Although the proposal complies with the separation distances, additional privacy measures to protect the privacy of children in the childcare centre have not been implemented. Privacy louvers could be conditioned in order to mitigate any additional privacy impacts. We do not have specific controls regarding the overshadowing of childcare centres, however, Part 6.2 of CDCP 2012 requires the subject development be designed in a manner so that all neighbouring properties receive “at least 2 hours of sunlight between 9am and 3pm on 21 June shall be retained for all existing indoor living areas and at least 50% of the principal portion of the existing private open space”. In this instance, it would be reasonable to assess the impact of the proposed development on both the indoor and outdoor play areas used by children. The submitted shadow diagrams fail to show the layout of the adjoining childcare centre and positioning of windows currently provided along the northern side elevation. As such, compliance with the requirements of Part 6.2 of CDCP 2012 has not been demonstrated and we are unable to determine whether the proposal is suitable and will have minimal amenity impacts upon the adjoining southern childcare centre. On this basis, the proposal is not considered to be suitable and worthy of support. Building separation CDCP requires a building separation between habitable and non-habitable rooms of developments on the same site and adjoining sites that is in line with the ‘Rules of Thumb’ contained in the Residential Design Flat Code. The objective of this control is to ‘promote improved levels of residential amenity in new development, and preserves reasonable sunlight, privacy and general amenity for residents of existing dwellings’. The development proposes nil side setbacks along the western side, while also failing to comply with the numerical controls within the development between the proposed buildings. To the west of the subject site is a two storey shop top housing development and a single storey office with associated ancillary structures. As the subject site and adjoining allotments are zoned B5 Business Development under CLEP 2012, 18 metre high mixed use developments are permitted within the zone. Given the older architectural age of the existing buildings located at 402-404 and 408-410 Canterbury Road and 1A Northcote Street, it is likely that these properties will be redeveloped in future to accommodate a mixed-use development similar to the one proposed.



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On this basis, it is imperative that the subject site provide sufficient spatial proportions and comply with the requirements of CDCP 2012 so that the subject development and future developments on adjoining properties are capable of accommodating developments that can receive adequate levels of solar access, provide a high level of internal amenity and a building bulk and scale that is consistent with the existing site context. The nil side setbacks allow for minimal solar penetration to the rear (southern) building within the site and to existing dwellings to the south of the site. This results in the proposed development having 10.2% of the dwellings with a single southerly aspect, which is slightly over the maximum ‘rule of thumb’ permitted under SEPP 65. As the proposal fails to meet the building separation objectives of the RFDC and Clause 3.1.9 of CDCP 2012, the proposal is not considered to be suitable. Thus, it is recommended the proposal not be supported in its current form. Internal Dwelling Design Clause 3.3.4 of CDCP 2012 requires each living area and principal bedroom have a minimum width of 3.5 metres. This is so that adequate storage areas are provided for new dwellings and that each room is capable of accommodating the range of furniture typically required for the purpose of that room. The proposed development does not comply with these requirements as a minimum 3.5 metre width is not provided for some units. In ensuring the proposal meets the objectives of Clause 3.3.4, each dwelling should be designed to comply with the minimum room dimensions of Clause 3.3.4 of CDCP 2012. Façade Design and Articulation CDCP 2012 prefers vertical, rather than horizontal finishes and treatments. The façade of the proposed building incorporates horizontal treatments along Canterbury Road, emphasising the bulk and scale of the development. Should a street wall be pursued, the storeys with a 3m setback to Canterbury Road should be more defined and treated as the street wall elements. The development should be designed to be in keeping with the façade design and building articulation objectives and controls outlined in CDCP 2012.

Council’s Resolution of 28 August 2014 and 25 September 2014 In response to the Council resolutions of its meetings on 28 August 2014 and 25 September 2014 regarding the rear access to larger scale developments through the creation of lane ways, the applicant has provided the following response:

“It is noted that Council recently considered the creation of laneways along Canterbury Road. Whilst this may have been adopted by the Councillors, there is no policy/strategic position for the delivery and implementation of such laneways.



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Matters such as ownership/compulsory acquisition and re-direction of services/infrastructure have not been confirmed. Furthermore, any dedication of land for laneway, without this detail, would unreasonably impact upon the site area/yield and available physical space for the positioning of a building upon the subject site. It is premature at this stage to consider a laneway on the site, and there is no statutory requirement for a laneway under the current planning controls of the Canterbury LEP 2012 and Canterbury DCP 2012.”

Access is proposed off Messiter Street, which is in keeping with the objective of providing alternate access off Canterbury Road. While the provision of a laneway has not been explored in this instance, the proposal provides alternative access from Messiter Street and meets the intent of Council’s resolution. Referrals

Traffic The amended documentation was submitted to our Traffic Engineer, who had no objections to the proposal, subject to conditions.

Waste Management

The development application and associated documentation, including the Waste Management Statement and Waste Management Plan were referred to our Waste Services Coordinator for comment, who did not raise any objections subject to conditions.

Landscaping

The application was reviewed by our Landscape Architect who raised no objections to the proposal subject to conditions being imposed and included as part of the consent should the application be approved.

Development Engineer

The application was reviewed by our Development Engineer, who advised that the application was unable to be supported, based on the following non-compliances: (a) The Permitted Site Discharge has not been calculated using the algorithm

provided in Canterbury DCP 2012 and is much too low. (b) The calculated on-site detention storage volume is too low for the submitted

design. Note that the calculated volume is in the region of a value that could be accepted if an appropriately designed high early discharge chamber was included in the design. Alternatively the available storage volume would have to be increased.

(c) The applicant has not addressed hydraulic control of the on-site detention discharge. This is essential as the submitted design is affected by the depth of water in the receiving pit which will control the site discharge and as a consequence the storage volume.

(d) A 225 mm diameter pipe is proposed to be connected to a 150 mm high kerb which will result in the pipe protruding above the footpath. A gully pit would have to be constructed over the existing stormwater pipe in Canterbury Road to provide an acceptable point of discharge for the proposed pipe.



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(e) The internal courtyard floor level is at the same as the floor levels of the dwelling and commercial areas adjoining it. The proposal does not provide any overland flow path(s) from the courtyard to a public road so it is essential that appropriate measures are taken to ensure that the internal building areas do not flood. A step up or appropriate grading must be provided between the courtyard and surrounding internal floor levels.

(f) Concern is expressed regarding the calculated 100 year Average Recurrence Interval (ARI) discharge in the on-site detention tank of 21 L/S. This value is much too low. 100 year ARI discharge calculations are used to determine the inlet and pipe capacities of the stormwater systems draining trapped low points, as advised in my memorandum of 2/10/2014.. It is essential that these be appropriately sized as there is no other provision for conveyance of runoff from major storms.

Due to the abovementioned stormwater drainage issues, the application is unsatisfactory and unable to be supported.

Notification The development application was notified to all adjoining owners and occupiers in accordance with Part 7 - Notification of Development Applications of CDCP 2012 on two occasions. During the first notification period, 49 submissions, 18 pro-forma letters and a petition with 219 signatures were received. During the second notification period, six submissions, eight pro-forma letters and a petition with 106 submissions were received. The issues raised in the submissions, pro-forma letters and petitions are as follows: Concern was raised that residents were not notified of zoning changes for the

subject site Comment The zoning for all properties in the Canterbury Local Government area were changed at the beginning of 2013 to align with the State Government’s standard instrument local environmental plan. Notification for zoning changes was undertaken in accordance with the legislative requirements.

Concern was raised that residents were not notified of the subject development.

Concern was also raised that the development was re-notified during the Christmas period and that residents did not have the chance to comment on the proposal Comment The application was notified and re-notified in accordance with CDCP 2012. Surrounding residents were notified in writing of the proposal. The application was also advertised in the local newspapers. During the first notification period, a two week extension was granted to some residents who needed more time to prepare their submissions and had raised their concern to Council. During the re-notification of the proposed development, an additional day for each public holiday was added to the notification period. All submissions, pro-forma letters and petitions received over both notification periods have been considered in the assessment of this application.



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Concern was raised regarding the non-compliance with the rear setback and the adverse privacy impacts it may have on properties to the south, in particular, the child care centre Comment It is agreed that non-compliance with the required rear setback control may have adverse impacts on surrounding properties, including the child care centre. The proposed rear setback is not considered satisfactory and is reason to refuse development consent.

Concern was raised that the address for the proposed development should be

‘Canterbury Road’, not ‘Messiter Street’ Comment Although the site has a frontage to Canterbury Road, the addresses of each property making up the subject site is 2, 4, and 6 Messiter Street, Campsie. Therefore, the application was advertised as such. However, upon redevelopment of the site and consolidation of allotments, our GIS and Mapping Officer may assign the site an alternate address.

Concern was raised that the development will result in increased traffic. Concern

was also raised that the traffic report submitted contained incorrect information regarding car parking and traffic flow in Messiter Street and surrounding streets. Concern was also raised regarding the state of Messiter Street and that it is unable to cater for extra load or traffic Comment The capacity of Canterbury Road and surrounding streets from a traffic perspective has been considered in the formulation of CDCP 2012, which permits mixed-use developments as proposed through this application. The traffic report was reviewed by our Traffic Engineer and Roads and Maritime Services who did not raise any objection to the development on traffic grounds. Notwithstanding this, the basement car parking levels are not setback the required 3m from Canterbury Road. Thus, the proposal’s on-site car parking arrangement and provisions should be redesigned so as to ensure adequate car parking is provided on-site for all future residents and the existing road network is not adversely impacted.

Concern was raised that there is insufficient parking on-site to accommodate the

needs of future residents and that insufficient street parking is provided to accommodate any overflow of car parking generated by the development Comment As detailed above in the body of this report, the re-design of the basement car parking levels to achieve compliance with our front setback controls would result in significantly reduce the number of car parking spaces and storage provided for the development. On this basis, the on-site car parking provisions and basement car park layout is not considered to be acceptable and will not accommodate the car parking needs of future residents.



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Concern was raised that Council does not stop dog and trailer trucks entering the

street Comment Illegal traffic and car parking matters are not a matter of consideration in the assessment of this application, and is a matter for appropriate action by Council’s Regulatory Services area.

Concern was raised that there are no plant rooms on the site

Comment It is somewhat unusual that a plant room is not included in the design of the development. However, the proposal is recommended for refusal on various grounds and this matter is not a specific reason to refuse consent.

Concern was raised that there is no loading dock for the development

Comment The development proposes two additional car parking spaces which could be used for loading/unloading. However, as discussed above, the basement car parking levels do not comply with the front setback control and requires significant redesign. The application is not able to be supported without substantial amendment to the basement parking area.

Concern was raised that the height, bulk and scale of the development is out of

character with the area Comment The proposed height does not comply with the building height standard specified in CLEP 2012. However, these aspects relate to the lift and stair overrun to access the communal rooftop area. A variation to this standard may be considered for a development that is more compliant with our controls. Whilst there are aspects of the proposal that are not supported, it can be expected that large developments of a similar scale may be approved in future that provide adequate visual relief in the streetscape of Canterbury Road and minimise impacts on neighbouring residents and future occupants of the development.

Concern was raised regarding the pollution and noise during construction

Comment It is acknowledged that there will be some disturbances to the surrounding area during the construction phase of the development. However, these would only be temporary. Should the application be approved, it is recommended conditions be imposed as part of the consent restricting the hours during which building works may take place and to ensure that a safety management plan is in operation during the construction phase of the development. This is to ensure that the level of disturbance is not unreasonable.



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Concern was raised that the proposed development will result in noise pollution Comment Should the application be approved, it is acknowledged that there will be more people utilizing the site in comparison to the existing development. However, it is expected that any noise generated by the future residents or workers of the development will have minimal impact on the amenity of surrounding properties.

Concern was raised that collection and disposal of the site’s waste bins will be

presented to the street for collection, adversely impacting on traffic flow Comment The waste bin areas of the proposed development were assessed by our Waste Contracts Coordinator, who did not raise any concern regarding the amended plans, subject to conditions. The waste bins will be collected from and returned to this room by Council’s waste collection contractor. The bins will not be presented on the roadway. Should the application be approved, these requirements would be imposed as conditions of consent.

Concern was raised that the proposed development will result in the

overshadowing of surrounding properties Comment The proposed development has been assessed in accordance with our performance controls relating to daylight and sun access. The shadow diagrams submitted with the application indicate that the proposed development may cast unreasonable shadows to the adjoining southern (rear) property, being 8 Messiter Street which is currently occupied by a child care centre. The submitted shadow diagrams fail to show the location and positioning of all indoor and outdoor play areas and the windows facing north currently provided along the northern side elevation of 8 Messiter Street. As such, compliance with the requirements of Part 6.2 of CDCP 2012 has not been demonstrated and we are unable to determine whether the proposal is suitable and will have minimal amenity impacts upon the adjoining southern property.

Concern was raised that the proposed development will impact on the value of

surrounding properties Comment There has been no evidence submitted to demonstrate that the proposed development will impact of property values. The impact on property values resulting from a development is difficult to assess. However, matters that may impact on the value of properties, such as visual privacy, solar access and the design of the building have been assessed under CDCP 2012. The proposal is not considered satisfactory to support.



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Concern was raised that there is too many commercial properties along Canterbury Road Comment The commercial zoning of properties along Canterbury Road is largely historic. Following the zoning changes of 2013, properties that were zoned for light industrial or specialised business were transferred into a parallel business zone. Commercial premises along the ground floor of developments of Canterbury Road activate the street front and create interest along the main road corridor. In regard to the subject development, commercial development is required in order to meet the ‘mixed use’ development definition under CLEP 2012.

Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979 and all relevant development control plans, codes and policies. The proposed development on the subject site is considered to be unsuitable due to its non-compliance with the requirements relating to height, building separation, minimum internal dwelling design, front and rear setbacks, visual privacy, solar access and stormwater drainage. The proposal will have significant amenity impacts for occupants of adjoining properties and may result in adverse privacy and overshadowing impacts. Significant amendments are required for the basement car parking levels to comply with the front setback requirement, which may result in a significant reduction of the number of car parking spaces and storage provided for the development. The proposed design is considered to be inconsistent with the vision and objectives of CDCP 2012 and should be further improved. Such an outcome would have a negative impact on surrounding properties and the locality in general. The proposal is recommended for refusal.

RECOMMENDATION:

THAT Development Application DA-341/2014 be REFUSED for the following reasons: 1. The proposed development is unsatisfactory pursuant to the provisions of Section

79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, is not consistent with SEPP 65 – Design Quality of Residential Flat Development with respect to the with respect to the principles contained in Clauses 9 to 18.

2. The proposed development is unsatisfactory, pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as it does not comply with the objectives of Canterbury Development Control Plan 2012, including: a) Part 3, Clause 3.1.8 – Setback b) Part 3, Clause 3.1.9 – Building Separation c) Part 3, Clause 3.3.4– Internal Dwelling Design d) Part 3, Clause 3.3.1 – Visual Privacy e) Part 3, Clause 3.2.3 – Façade Design and Articulation f) Part 6.2 – Climate and Resource Efficiency g) Part 6.4 – Development Engineering, Flooding and Stormwater

3. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the rear portion of the proposed development is excessive in



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terms of bulk and scale and would adversely impact upon the amenity of the locality. 4. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and

Assessment Act 1979, the proposed development is unsatisfactory in terms of its standard of design and would adversely impact upon the existing and likely future amenity of the locality.

5. Having regard to the abovementioned non-compliance issues and the amenity issues the proposed development is likely to create for occupants of adjoining properties and future occupants of the subject site, pursuant to the provisions of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, approval of the development application is not in the public interest.


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2 17 RIVERSIDE ROAD, CROYDON PARK: DEMOLITION AND CONSTRUCTION OF AMENITIES BUILDING WITH CHANGE ROOMS, SHOWERS, TOILETS, REFEREES ROOM AND STOREROOM

FILE NO: 743/17D


WARD: EAST

D/A No: DA-594/2014

Applicant:

Owner:

City of Canterbury

As above

Zoning: RE1 Public Recreation

Application Date: 16 December 2014

Summary:

The applicant seeks approval to demolish the two existing amenities buildings within Rosedale Reserve and construct a new amenities building. The new amenities building is to contain home and away change room facilities and associated showers and toilets, male and female public toilets, a disabled toilet, a referees room, store rooms, covered seating area and breezeway.

The development has been assessed against the relevant provisions contained within the Canterbury Local Environmental Plan 2012 (CLEP 2012) and Canterbury Development Control Plan 2012 (CDCP 2012). The development was found to have satisfied the relevant provisions of the CLEP 2012 and CDCP 2012.

The proposal is permissible with the consent of Council being works ancillary to a ‘recreation area’.

The subject proposal was notified and advertised in accordance with the provisions of Part 7 of the CDCP 2012. No submissions were received.

The Acting Director City Planning has recommended that the application be approved subject to conditions.


Allocation has been made in the Budget to construct the new amenities building. The assessment of the application support our Community Strategic Plan long term goal of Balanced Development.

Report:

Background Development Application DA-1/2007 was approved on 10 May 2007 for the demolition of the existing amenities buildings and construction of new amenities building with change rooms, showers, toilets, referees room, storeroom, covered seating area and breezeway.


17 RIVERSIDE ROAD, CROYDON PARK: DEMOLITION AND CONSTRUCTION OF AMENITIES BUILDING WITH CHANGE ROOMS, SHOWERS, TOILETS, REFEREES ROOM AND STOREROOM (CONT.)

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The subject development proposal is similar to the approved development. The variations include the provision of ambulant toilets, an accessible toilet and shower, new circulation zones for ambulant and accessible access, and an additional storage area of 3m x 1.5m adjacent to the existing storeroom. Site Details Rosedale Reserve is located on the south western corner of the intersection of Lyminge Street and Riverside Road, Croydon Park. The subject site is identified as 17 Riverside Road, Croydon Park and Lot 247 DP 1157032. The site has an area of 21,900m², with a frontage of approximately 201.9m to Riverside Road and 153.8m to Lyminge Road. The site is occupied by a sports field, children’s playground area and two amenities buildings. The surrounding area is predominantly characterised by single and double storey residential dwellings. The south-eastern boundary of the site adjoins the Cooks River and associated Cooks River cycleway.


Proposal The subject development application seeks consent for the demolition of two existing amenities buildings and the construction of a new amenities building. The proposed amenities building contains home and away change room facilities and associated showers and toilets, male and female public toilets, a disabled toilet, a referees room, store rooms, covered seating area and breezeway. Statutory Considerations When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans, codes and policies are relevant:



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Canterbury Local Environmental Plan 2012 (CLEP 2012) Canterbury Development Control Plan 2012 (CDCP 2012) Assessment The development application has been assessed under Section 79C of the Environmental Planning and Assessment Act 1979. Canterbury Local Environmental Plan 2012 (CLEP 2012)

The site is zoned RE1 – Public Recreation under the Canterbury Local Environmental Plan 2012 (CLEP 2012). CLEP 2012 defines a ‘recreation area’ as follows:

recreation area means a place used for outdoor recreation that is normally open to the public, and includes: a) a children’s playground, or b) an area used for community sporting activities, or c) a public park, reserve or garden or the like, and any ancillary buildings, but does not include a recreation facility (indoor),

recreation facility (major) or recreation facility (outdoor). A ‘recreation area’ is permissible with the consent of Council in the RE1 Public Recreation zone. The proposed amenities building is ancillary to the existing ‘recreation area’, and as such the development is permissible with consent in the zone. The objectives of the RE1 Public Recreation zone are as follows: – To enable land to be used for public open space or recreational purposes. – To provide a range of recreational settings and activities and compatible land

uses. – To protect and enhance the natural environment for recreational purposes. The development satisfies the objectives of the zone as the proposed amenities building represents an ancillary structure to the existing land uses within the reserve. The subject development is not subject to any building height or floor space ratio controls as per CLEP 2012.

Canterbury Development Control Plan 2012 (CDCP 2012) The proposal compares to the relevant provisions of Canterbury Development Control Plan 2012 (CDCP 2012) as follows: Part 6.1 – Access and Mobility The proposal has been reviewed in accordance with the requirements of Part 6.1 of the Canterbury Development Control Plan 2012, and is deemed satisfactory in this regard subject to the imposition of conditions. Part 6.3 – Crime Prevention through Environmental Design The proposal compares against the provisions of Part 6.2 of the CDCP 2012 as follows:



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Standard Requirement Proposal Complies Site and building layout

Address the street or both streets and corners

The proposed amenities building addresses both the sports field and children’s playground.

Yes

Locate toilets and parents' rooms close to areas of active uses

The proposed toilets are located close to the children’s playground and sports field.

Yes

Design and locate access to facilities so that it is direct and free of obstruction

Access to the facilities is direct and unobstructed.

Yes

Lighting Appropriate lighting is essential in making people feel safe and in deterring illegitimate users

The proposed amenities building will only be available for public use during daylight hours. The amenities will only be available after hours should the playing field be in use.

Yes

Materials Use materials that reduce the opportunity for vandalism.

The proposed materials are considered appropriate for vandalism reduction. A condition of consent shall be imposed to ensure the prompt removal of any graffiti.

Yes

Part 6.4 – Development Engineering, Flooding and Stormwater The proposal was referred to our Development Engineer who deemed the proposal satisfactory subject to the imposition of conditions. Part 6.6 – Landscaping The proposal was referred to our Landscape Architect who deemed the proposal satisfactory subject to the imposition of conditions. Part 6.8 – Traffic The proposed development type is not identified as being subject to any on-site parking requirements under Part 6.8 of CDCP 2012. The proposed development is not considered to generate additional traffic and parking demand. Part 6.9 – Waste Management The development application is accompanied by a Waste Management Plan in accordance with Part 6.9 of CDCP 2012.

Notification The proposed development was notified and advertised in accordance with the requirements of Part 7 of CDCP 2012. No submissions were received. Other Considerations Demolition

The proposal includes the demolition of existing structures to accommodate the proposed development. Conditions of consent have been imposed to ensure compliance with the provisions of AS2601-1991 The Demolition of Structures, as required by Clause 92 of the Environmental Planning and Assessment Regulation.



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Sediment and Erosion Control The submitted development plans show details of sediment and erosion control measures to be installed as part of the construction of the development. Standard conditions will be included regarding the installation and maintenance of the sediment and erosion control measures as part of the pre and during construction phase of the development.

Health, Safety and Amenity during Construction Phase

During the construction of the development, the health and amenity of workers, the public and adjoining properties alike need consideration under Section 79C of the Environmental Planning and Assessment Act. Accordingly, all works associated with the development will be restricted to daytime hours to ensure the works will not be a nuisance to adjoining occupiers and property owners (by way of standard condition).

Suitability of Site for the Development

The proposed development is permissible in the subject site’s current zoning. The proposal has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and, as demonstrated throughout the body of this report, the proposal generally complies with the provisions of all relevant state environmental planning policies, development control plans, codes and policies.

Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies and has been found to be satisfactory and worthy of support. The design of the proposed development is compatible with the future and desired local character of the area. As such, it is recommended that the development application be approved subject to conditions.

RECOMMENDATION:

THAT the Development Application DA-594/2014 be APPROVED subject to the following conditions: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 1. The following must be submitted to either Council or an Accredited Certifier prior to

the issuing of a Construction Certificate: 1.1. Details of:

Structural Engineering Plan Building Specifications Fire Safety Schedule Landscape Plan Hydraulic Plan Soil and Waste Management Plan

1.2. An Arboricultural Impact Assessment report shall be obtained. The Arboricultural Impact Assessment shall be prepared by an AQF 5 Arborist, and include the following details: The full name, business address, telephone number, evidence of

technical qualification(s) and the experience of the Arborist carrying out the inspection and reporting,



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Address of the site containing the trees, Full name of whom the report is being prepared for, The methods and techniques used to evaluate the site and trees, A suitable scaled plan, showing the location of the trees in relation to

the site and boundaries, A table showing each of the tree’s scientific and common name, age

class, estimated height, trunk diameter at 1.4 m, canopy spread, a summary of the trees health and structural condition, and an estimate of each tree’s useful life expectancy (using SULE assessments),

A review of the implications of the proposed development on the health and structural condition of the trees,

Suggestions for modification of the proposed development to retain the tree in question,

Any other supporting evidence, List of recommendations and the reasons for their adoption. This report is required to be submitted to the satisfaction of the PCA prior to the issue of any CC and adhered to throughout demolition and construction.

1.3. Evidence of an Owner Builder Permit (Class 1 & 10 buildings only); or Evidence of a Home Building (Private) Insurance Certificate.

1.4. Payment of the Long Service Leave Levy to the Long Service Leave Corporation or to Council.

1.5. Payment to Council of: Kerb and Gutter Damage Deposit $3,231.00 Certificate Registration Fee $36.00 Long Service Levy $2,100.00

1.6. If you appoint Council as your Principal Certifying Authority, the following fees are payable:

Construction Certificate Application Fee $2,468.00 Inspection Fee $1,194.00 Occupation Certificate Fee $244.00

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986. Note 2: If you appoint a Principal Certifying Authority other than Council, the fees shown in the fee quote attachment do not apply, however other fees will apply. Note 3: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 4: Section 94 contribution payments are payable by cash, bank cheque, or EFTPOS. Note 5: All Council fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.

BEFORE COMMENCING THE DEVELOPMENT 2. Before the erection of any building in accordance with this Development Consent;

2.1. detailed plans and specifications of the building must be endorsed with a Construction Certificate by the Council or an Accredited Certifier, and

2.2. you must appoint a Principal Certifying Authority (either Canterbury City Council, or an Accredited Certifier) and notify the Council of the appointment



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(see Attachment – Notice of Commencement copy), and 2.3. you must give the Council at least 2 days notice of your intention to commence

erection of the building (see Attachment – Notice of Commencement copy). SITE SIGNAGE 3. A sign shall be erected at all times on your building site in a prominent position stating

the following: 3.1. The name, address and telephone number(s) of the principal certifying

authority for the work, and 3.2. The name of the person in charge of the work site and a telephone number at

which that person may be contacted during and outside working hours, and 3.3. That unauthorised entry to the work site is prohibited.

DEMOLITION 4. Demolition must be carried out in accordance with the following:

4.1. Demolition of the building is to be carried out in accordance with applicable provisions of Australian Standard AS 2601-2001: The Demolition of Structures and the Construction Safety Act Regulations.

4.2. The demolition of a structure or building involving the removal of dangerous or hazardous materials, including asbestos or materials containing asbestos must be carried out in accordance with the requirements of the Workcover Authority of New South Wales.

4.3. Demolition being carried out in accordance with the requirements of the Occupational Health and Safety Regulation 2001.

4.4. A hoarding or fence must be erected between the building or site of the building and the public place, if the public place or pedestrian or vehicular traffic is likely to be obstructed or rendered inconvenient because of the carrying out of the demolition work.

4.5. Demolition of buildings is only permitted during the following hours: 7.00 a.m. – 5.00 p.m. Mondays to Fridays 7.00 a.m. – 12.00 noon Saturdays

No demolition is to be carried out on Sundays or Public Holidays. 4.6. Burning of demolished building materials is prohibited. 4.7. Adequate care is to be taken during demolition to ensure that no damage is

caused to adjoining properties. 4.8. Soil and water management facilities must be installed and maintained during

demolition in accordance with Council's Stormwater Management Manual. If you do not provide adequate erosion and sediment control measures and/or soil or other debris from the site enters Council's street gutter or road you may receive a $1500 on-the-spot fine.

4.9. Council’s Soil and Water Management warning sign must be displayed on the most prominent point on the demolition site, visible to both the street and site workers. The sign must be displayed throughout demolition.

4.10. The capacity and effectiveness of soil and water management devices must be maintained at all times.

4.11. During the demolition or erection of a building, a sign must be provided in a prominent position stating that unauthorised entry to the premises is prohibited and contain all relevant details of the responsible person/company including a contact number outside working hours.

4.12. A sign is not required where work is being carried out inside, or where the premises are occupied during the works (both during and outside working



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hours). 4.13. Toilet facilities must be provided to the work site in accordance with

WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the BCA.

4.14. Removal, cleaning and disposal of lead-based paint conforming to the current NSW Environment Protection Authority's guidelines. Demolition of materials incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. Note: For further advice you may wish to contact the Global Lead Advice and Support Service on 9716 0132 or 1800 626 086 (freecall), or at www.lead.org.au.

4.15. Hazardous dust not being allowed to escape from the site. The use of fine mesh dust proof screens or other measures are recommended.

4.16. Any existing accumulations of dust (eg. ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter. All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Water must not be allowed to enter the street and stormwater systems. Demolition is not to be performed during adverse winds, which may cause dust to spread beyond the site boundaries.

GENERAL 5. The development being carried out in accordance with the plans, specifications and

details prepared by Jack Taylor Architects Pty Ltd, Marked Drawing No. DA201, DA202, DA203, DA204 and DA205, as received by Council on 16 December 2014. The submitted landscape plan, Drawing no L.522/1, received by Council on 16 December 2014, has been prepared according to the Canterbury Development Control Plan 2012. All materials must be stored wholly within the property boundaries and must not be placed on the footway or roadway.

6. All building operations for the erection or alteration of new buildings must be restricted to the hours of 7.00a.m.-5.00p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

7. All building construction work must comply with the National Construction Code. 8. Council’s warning sign for Soil and Water Management must be displayed on the most

prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.

9. That the stormwater system be constructed in accordance with the plans, specifications and details received by Council on 16 December 2014; drawing numbers H-01 and H-02, prepared by Roz Engineering Pty Ltd and as amended by the following condition.

10. All downpipes, pits and drainage pipes shall be installed to ensure that stormwater is conveyed from the site and into Council’s stormwater system in accordance with AUS-SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and Council’s DCP 2012.

11. All stormwater must pass through a silt arrestor pit prior to discharge to kerb and gutter. Silt arrestor pit is to be sized in accordance with Canterbury Councils DCP 2012. Sump depth is to be a minimum of 300mm deep.

12. Certification from an accredited engineer must be provided to certify that all works has been carried out in accordance with the approved plan(s), relevant codes and standards.

13. The applicant to arrange with the relevant public utility authority the alteration or



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removal of any affected services in connection with the development. Any such work being carried out at the applicant’s cost.

PUBLIC IMPROVEMENTS 14. All redundant stormwater kerb connections shall be replaced with kerb and the

footpath reserve made good by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

15. The granting of service easements within the properties to the satisfaction of Council or private certifier. Costs associated with preparation and registration of easements to be borne by the developer.

SYDNEY WATER REQUIREMENTS 16. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. Application must be made through an authorised Water Servicing Co-ordinator. For help either visit Sydney Water’s web site at www.sydneywater.com.au/BuildingDeveloping/DevelopingYourLand , Water Servicing Coordinators, or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision.

17. The approved plans shall be submitted to the appropriate Sydney Water Quick Check agent to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details either visit Sydney Water’s web site at www.sydneywater.com.au/BuildingDeveloping/QuickCheck , or telephone 13 20 92. The consent authority or a private accredited certifier must ensure that a Quick Check agent has appropriately stamped the plans before the issue of any Construction Certificate.

CRITICAL INSPECTIONS 18. Class 1 and 10 Buildings

The following critical stage inspections must be carried out by the Principal Certifying Authority (either Council or the Accredited Certifier): 18.1. at the commencement of the building work, and 18.2. after excavation for, and prior to the placement of any footings, and 18.3. prior to paving any in-situ reinforced concrete building element, and 18.4. prior to covering of the framework for any floor, wall, roof or other building

element, and 18.5. prior to covering waterproofing in any wet areas, and 18.6. prior to covering any stormwater drainage connections, and 18.7. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. 19. After the building work has been completed and prior to any occupation certificate

being issued in relation to the building.Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a development consent, if not carrying out the work as an owner-builder, must notify the principal contractor for the building work of



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any critical stage inspections and other inspections that are to be carried out in respect of the building work, as nominated in this development consent. To arrange an inspection by Council please phone 9789-9300 during normal office hours.

COMPLETION OF DEVELOPMENT 20. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal

Certifying Authority before partial/entire occupation of the development. WE ALSO ADVISE 21. This application has been assessed in accordance with the National Construction Code. 22. You should contact Sydney Water prior to carrying out any work to ascertain if

infrastructure works need to be carried out as part of your development. 23. Where Council is appointed as the Principal Certifying Authority, you will be required

to submit Compliance Certificates in respect of the following: Structural engineering work Final fire safety certificate

24. Any works to be carried out by Council at the applicant’s cost need to be applied for in advance.

25. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

26. In granting this approval, we have considered the statutory requirements, design, materials and architectural features of the building. No variation to the approved design and external appearance of the building (including colour of materials) will be permitted without our approval.

27. Compliance with the National Construction Code does not guarantee protection from prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800 021 199.

28. Our decision was made after consideration of the matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, and matters listed in Council's various Codes and Policies.

29. If you are not satisfied with this determination, you may: 29.1. Apply for a review of a determination under Section 82A of the Environmental

Planning and Assessment Act 1979. A request for review must be made and determined within 6 months of the date of the receipt of this Notice of Determination.; or

29.2. Appeal to the Land and Environment Court within 6 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979.


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3 205 HOMER STREET, EARLWOOD: CONSTRUCTION OF FIVE STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING.

FILE NO: 428/205 PT3 & 4


WARD: EAST

D/A No: DA-437/2013

Applicant:

Owner:

MSD Corp. & BJB Corp Pty Ltd

Bruce Bouchard & Mark Denton

Zoning: B2 Local Centre under Canterbury LEP 2012

Application Date: 17 October 2013 – Additional information received3 April 2014, 10 December 2014

Summary:

The application seeks consent to demolish the existing structures and construct a five storey mixed commercial and residential development containing two basement car parking levels, ground floor commercial tenancies and 26 residential units.


The development application has been assessed against the relevant environmental planning instruments and development control plan. The proposed development involves minor non-compliances with some of these controls. However, the development is consistent with and reflects the objectives of the zone. The corner context of the subject site has been taken into consideration during the assessment.

The development application was notified in accordance with the provisions of Canterbury Development Control Plan 2012. During this period, three submissions were received, one of which is in the form of a petition signed by 21 households. These issues have been addressed and are discussed in the body of this report.




Report:

Site Details The subject site is located on the south western corner of Homer Street and Bakers Lane in Earlwood. The site is made up of four allotments with a combined frontage of 18.9m to Homer Street and a total land area of 1146sqm. Bakers Lane wraps around the northern and eastern sides of the site.


205 HOMER STREET, EARLWOOD: CONSTRUCTION OF FIVE STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING. (CONT.)

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Existing on the site is a two storey building built to the front and side boundaries of the site. Surrounding land uses are a mix of residential and commercial.

Aerial view of site

Proposal The proposal involves the construction of a mixed use development with ground floor commercial, 26 residential apartments and two basement levels of car parking as follows: Lower Basement Level

– 25 x residential car parking spaces – Shared storage areas – Lift and stair access areas

Upper Basement Level – 11 x retail car parking spaces – One x loading bay – four x residential visitor spaces – two x residential car parking spaces – 18 x bicycle racks – Garbage bin storage areas – Storage areas – Lift and stair access ways.

Ground Floor – 425sqm of retail floor area – Residential entry foyer off Homer Street – 120sqm common courtyard area

First and Second Floor each with – three x one bedroom units – six x two bedroom units



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Third Floor – one x one bedroom unit – four x two bedroom units

Fourth Floor – one x two bedroom unit – two x three bedroom unit

Statutory Considerations When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act, 1979, must be considered. In this regard, the following environmental planning instruments, development control plans, codes and policies are relevant: Canterbury Local Environmental Plan 2012 (CLEP 2012) State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX)

(SEPP BASIX) State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) Canterbury Development Control Plan 2012 (CDCP 2012) Assessment Canterbury Local Environmental Plan 2012 (CLEP 2012)

The subject site is zoned B2 – Local Centre under Canterbury Local Environmental Plan 2012. The controls applicable to this development application are as follows:

Standard Requirement Proposal Complies Zoning B2 – Local Centre The proposed development is

defined as ‘shop-top housing’ and ‘commercial premises’.

The proposed development is permissible with consent under CLEP 2012

FSR No FSR applies No FSR controls apply to the B2 zone under CLEP 2012

N/A

Building Height

18m maximum 18m Yes

The proposal complies with the standards found in CLEP 2012.

State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX) A BASIX Certificate No.472208M_02M accompanies this application and lists a variety of commitments that are to be incorporated into the overall design of the project. The necessary commitments have been referenced on the architectural plans where required, meet the water, energy and thermal comfort targets and therefore satisfy the objectives of the SEPP.

State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) The proposed development falls within the definition of a residential flat building under SEPP 65 and therefore requires assessment under the provisions of the SEPP.



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The policy aims to improve the design quality of new residential flat buildings in NSW by addressing specific design criteria. Context The mixed-use development is consistent with the future character of the area and is a permissible use within the zone. Higher density residential development will be a characteristic of the area within and adjacent to the business centre. Scale The scale of the proposed development generally satisfies the height controls contained within the CLEP 2012 and the building envelope controls contained within CDCP 2012. As such, it is considered that the proposal is consistent with the scale of development envisaged by these controls. Built Form The proposal achieves the built form objectives as it contributes positively to the streetscape and provides a high amenity for residents and tenants. The mixed use nature of the proposal is appropriate in context of the existing development in the locality and for the desired future character. The built form responds to the envisaged future character of the locality through well considered distinctive architectural forms and high quality materials and finishes. Density The proposed development has been designed to achieve the aims and objectives of the built form controls of CLEP 2012 and CDCP 2012 and therefore represents an appropriate density for the site. Resource, Energy and Water Efficiency The applicant has submitted a BASIX Certificate for the proposal, which demonstrates the proposal is satisfactory in terms of energy efficiency. The ‘rules of thumb’ under the RFDC requires that 70% of units receive direct solar access to their living spaces and that 60% of the units be cross ventilated. Information submitted with this application indicates that 85% of units will achieve a minimum of three hours of solar access between 9am-3pm and that 77% of units will achieve natural cross ventilation. This meets the ‘rules of thumb’ requirements for solar access and ventilation. Landscape These principles have been considered. Landscape details have been provided for landscaping to courtyards and communal open space areas, which have been reviewed by our Landscape Architect. The proposal satisfies the requirements of CDCP 2012. Amenity The proposal achieves a satisfactory residential amenity with reasonable room size and shape, along with access to natural light and ventilation.



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Safety and Security Satisfactory provision for security with enclosed entry porch to lift lobby for access to dwellings and upper levels is provided. The proposal has been reviewed in accordance with Part 6.3 of CDCP 2012 relating to Crime Prevention Through Environmental Design Policy and the proposal is consistent with these principles. Social Dimensions and Housing Affordability The proposed residential flat development will add to the range of dwelling size options and optimise the provision of housing to suit social mix. Aesthetics The development application has been accompanied by a Design Verification Statement and confirms that the development satisfies the general design principles contained within the SEPP. The proposed development is different in terms of form, material and colours to existing development within the locality but, as outlined previously, is expected to positively contribute to the desired future character of the locality. Having regard to the previous comments, the proposal is considered to meet the objectives of the SEPP by providing a positive contribution to the locality in terms of design quality and amenity for future occupants without creating significant adverse impacts on adjoining residential development. The applicant has submitted a statement, prepared by Jackson Teece, which details the proposed development's compliance with the design principles of the SEPP. The proposal is consistent with the Residential Flat Design Code prepared by the Department of Planning.


The proposal compares to CDCP 2012 as follows:




Yes

Minimum Frontage

12m-18m 18.9m to Homer Street Yes

Building Height


3.3m Yes


2.7m Yes

Building Depth


Min 10.2m Yes



Yes

Building Setbacks

1-3 storeys, build to front boundary.

3 storeys built to front boundary Yes

> 3 storeys – 5m 5m Yes



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Standard Requirement Proposed Complies Establish 45 degree height plane from projected 6m from residential zone boundary and two storey height limit applies

The proposed development complies with the diagrams requiring 45 degree height plane with the exception of minor penetrations of building elements. A setback is not required for sites that adjoin laneways. The laneway provides adequate setback from the side and rear of the site.


Nil rear setback where development adjoins a lane

Some setback to allow widening of laneway for appropriate access.

Yes

Building Separation (as per SEPP 65)

12m up to 4 storeys 18m storeys 5 to 7

0m (walls with no windows) – 7.3m (walls with windows) on western elevation that adjoins B2 zone for all floors. The rear and eastern elevations adjoin residential zones and are subject to building height plane control.

No– see comments below



Viable commercial and retail tenancies have been provided at the ground floor level

Yes

Car and Bicycle Parking (Rate for Large Centres in B2 zone)

Residential 1 spaces per 1, 2 and 3 bedroom dwellings (26 spaces) 1 car wash bay 0.15 visitors spaces/dwelling (0.15 x 26 = 4 spaces)

27 spaces No carwash bay identified 4 visitors spaces

Yes No– conditioned Yes

Commercial 1 space/40qm (425/40=11 spaces) Loading bay

11 spaces 1 x small loading bay

Yes Yes

Bicycle Parking Residential 1 space per 5 dwellings (residents) – 5 spaces required 1 space per 10 dwellings (visitor) – 3 spaces required Total: 8 spaces

Bicycle bay, containing 14 spaces provided

Yes

Design Controls

Clearly identifiable entries, Provide main common entry.


Yes



Yes


Natural surveillance provided for surrounding streets and laneway

Yes

Facades – New 3-5 storey buildings



Yes



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Standard Requirement Proposed Complies Cantilevered Awning

Height of between 3.2m and 4.2m from natural ground/footpath

3.31m Yes

Width of 3m 3m Yes - conditioned

Articulation Buildings should generally have a base and upper elements

Building has base and upper levels

Yes

The design of the facade, including the quality and durability of its materials, should be emphasised.

The façade is emphasised through strong vertical elements with particular emphasis on depth. Materials of a high quality and are durable.

Yes

The ‘facade’ should have a strong sense of verticality, emphasised on the ground floor by modulation at intervals of 6-8 metres with some variation. Modulation above the ground floor may take the form of party walls, small bays, as well as variations in materials and colours.

Vertical emphasis is provided with appropriate modulation through the use of varying materials and external finishes

Yes

A visual finish using expressed eaves, cornice or parapet elements with shadow lines is desirable.


Yes


No blank walls face Homer Street or Baker Lane

Yes

Balconies should be used in moderation and be integrated into the overall composition of the facade.


Yes



Yes


Roof design is consistent with the desired built form and context of the area

Yes


Roof structure takes advantage of the northerly aspect to the front of the site to provide maximum solar access

Yes




Yes



Yes


Antenna can be conditioned Yes - conditioned



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Standard Requirement Proposed Complies Discretely locate mailboxes in front of property

Mailboxes to be provided on entry Yes

Performance Controls Visual Privacy

Locate and orientate new developments to maximise visual privacy between buildings

Windows and balconies along the northern and eastern elevations of the building likely to impact on neighbours’ privacy.


Balconies Primary 8sqm balconies for 1 bedroom dwellings and 12sqm for 2 & 3 bedroom dwellings

Balconies to provide the minimum private open space requirements. To be imposed a condition of consent.

Yes

Full length balconies without articulation are not permitted

Articulation and building design elements incorporated to provide relief to balconies

Yes



Yes



Yes


Some balconies just under 2.5m No – see comments below


Balconies have been designed where achievable to have northern orientation to maximise solar access

Yes

10% of site area to be provided as communal open space (114.6sqm)

120m2 Yes



Typical furniture layout on plans Yes


Minimum 3.5m Yes


Minimum 3m Yes

Storage Minimum storage sizes: 6m3 per one bedroom dwelling 8m3 per two bedroom dwelling 10m3 per three bedroom dwelling

Storage areas provided – condition of consent will be imposed to ensure appropriate distribution of the space between units

Yes - conditioned



The building and dwellings are orientated adequately towards both street frontages.

Yes



Yes



Yes



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Standard Requirement Proposed Complies Access Control



Yes

Install intercom, code or card locks or similar to main entries to buildings, including car parks.

Intercoms and controlled access measures to be installed at building entry point, including basement car park.

Yes - conditioned



Yes



Yes



Solar access maximised Yes

Design and site the building to avoid casting shadows onto neighbouring buildings, outdoor space and solar cells on the site and on adjoining land (see solar access below).

Building has been designed to minimise shadow impact on adjoining properties with much of the shadow impact son commercial zoned land.

Yes


Design allows for natural ventilation and incorporates passive solar design techniques

Yes


Adequate clothes drying facilities to be provided by condition of consent

Yes - conditioned

Internal layout

Configure the building to maximise solar access to rooms that are occupied during the day (such as living areas, offices, waiting rooms and lunchrooms). Locate service areas to the south and west of the building.

Building configured to maximize solar access to dwellings

Yes

Windows and glazing


Placement of windows on the northern side has been incorporated into the design

Yes



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Standard Requirement Proposed Complies Insulation and thermal mass

Use insulation in the roof, ceiling, walls and floors to deflect heat and prevent the building from heating up in summer, and to contain heat and prevent the building from cooling down in winter, as follows: - Roof: minimum 2.0 R-value - Wall: minimum 1.0 R-value Floor: minimum 1.0 R-value

This has been addressed in the BASIX Certificate

Yes



70% of apartments receive 3 hours sunlight between 9am and 3pm in mid-winter

Yes


Proposal allows solar access to neighbouring residential properties where the bulk of the shadows are cast onto the southern commercial properties and Homer Street.

Yes


Cross ventilation is provided to 85% of dwellings and natural ventilation to 34% of the kitchens within the dwellings

Yes

The proposed development generally complies with the design and numerical requirements of CDCP 2012 with the exception of the following: Building Separation The proposed development is on the fringe of the Earlwood town centre and therefore has an interface with residential zoned properties, which are separated from the subject site by Bakers Lane. The proposed development involves nil setbacks on the western side of the site only, where the adjoining site is also a B2 zone, providing a ‘street wall’ which is permitted under Clause 3.1.9 (vi) of the DCP to provide a continuous street frontage in town centres. The development does however provide some separation between the subject building and the neighbouring B2 zoned site to the west by way of a communal open space area through the mid-section of the western elevation of the site. The separation provided is adequate to allow sufficient light to penetrate through particularly during the summer solstice. The northern (rear) and eastern (side) elevations of the building adjoin residential zones and therefore are required to comply with the building height plane controls of the DCP.



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Building Setback The proposed development provides a 45 degree height plane as a requirement of the DCP with the exception of the corner of the second floor (approx. 1m of top of wall), awnings covering the rear balcony of the fifth floor units and a corner of the roof (approximately 1.2m) at the rear of other site. The objectives of this control is to promote residential amenity and provide reasonable sunlight, privacy and general amenity for residents of existing dwellings. The proposed development allows sufficient solar access to neighbouring developments, and the sections of the building that penetrate the 45 degree height plane are minimal and will not lead to increased impacts on the amenity of neighbouring residents. A condition of consent will be imposed requiring privacy screening to windows and balconies on the northern and eastern elevations of the building to minimise privacy impacts. It is noted however, that the privacy impacts are not caused by the non-compliance with the building height plane requirements but rather, the cumulative impacts of window and balcony openings on these elevations. Visual Privacy There are several windows off main living rooms and balconies accessed from the main living areas of the residential units on the rear elevation of the proposed. The building is about 8.3m from the rear boundaries of neighbouring properties’ rear yards which is likely to impact on the privacy of neighbouring residents on Watkin Avenue. As such, a condition of consent has been recommended to ensure any living room windows on the northern elevation (rear) of the building have a minimum sill height of 1.5m and balustrades of the balconies on this (northern) elevation of the units are of non-transparent materials, with 500mm of non-transparent privacy screening attached to the top, to achieve a balustrade height of 1.5m to protect the privacy of neighbouring residences. Balcony Depth The depth of balconies on the eastern (side) elevation of the building are 2m, which does not meet the minimum requirement of 2.5m. The balconies meet the minimum area requirement of the DCP as they are greater in length. The balconies on the front and rear elevations of the building meet the minimum 2.5m requirement. As all balconies meet the minimum area requirement of the DCP and the minimum depth of 2m as required under the ‘rules of thumb’ of SEPP 65, the proposed design is considered to be acceptable. The subject balconies increasing in depth by 500mm will take away from the floor area of the units, and will not create a better living environment for future residents.

Notification The proposed development was publicly exhibited and adjoining land owners were notified as per the requirements of Canterbury DCP 2012. During this period, three submissions were received, one of which is in the form of a petition signed by 21 households raising the following concerns in relation to the proposed development. Overdevelopment and out of character

Oversized for its land and location and will destroy the traditional character of Earlwood creating an undesirable precedent



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Comments The subject site is located on the fringe of the Earlwood town centre and has a zoning of B2 – Local Centre which allows commercial spaces on the ground floor with residential above to a maximum height of 18m with which the proposal complies. The development will replace an existing industrial/commercial building on the site which makes minimal contribution to the aesthetics of the locality. The proposed development is in keeping with the building envelope envisaged at the subject site. This building envelope is not envisaged to transcend into the residential zoned sites to the north and east of the site.

Parking

The proposed development will impact on the availability of on-street parking in Watkin Avenue. Comments The proposed development meets the minimum car parking requirements of CDCP 2012 which are based on the size of families that are likely to occupy the proposed units. All homes on surrounding streets are also expected to utilise off-street car parking facilities that are available to their homes.

Privacy

The proposed development incorporates a number of windows and balconies which will have direct views of neighbouring dwellings’ rear yards and rear of their homes. Comments It is acknowledged that the proposed development may have an impact on the privacy of neighbouring residents at the rear of the site. A condition of consent has been recommended to ensure any living room windows on the northern elevation (rear) of the building have a minimum sill height if 1.5m and balustrades of the balconies on this (northern) elevation of the units are of non-transparent materials, with 500mm of non-transparent privacy screening attached to achieve a balustrade height of 1.5m to protect the privacy of neighbouring residences.

Noise from vehicles and garbage trucks in Bakers Lane

Noise generated by vehicles travelling down Bakers Lane is likely to impact in the amenity of neighbouring residents. Garbage trucks cannot travel through Bakers Lane. Comments A high percentage of the proposed development is residential which reduces the frequency of vehicles accessing the site via Bakers Lane. The development has been modified to include a garbage bin presentation area in Bakers Lane at a closer point to Homer Street which will enable garbage collection without garbage trucks travelling through Bakers Lane.



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Potential damage to surrounding premises and noise during excavation The works involved during the excavation of the basement levels is likely to impact on the structural integrity of neighbouring buildings. Comments A condition of consent has been included requiring a dilapidation report on neighbouring buildings that could be affected from the proposed excavation works. All building work will be subject to hours of operation stipulated under the National Construction Code.

Width of and access to Bakers Lane

Bakers Lane is not wide enough to carry traffic associated with the proposed development. The ownership of parts of the lane is not clear which raises the question of use of the lane by other adjoining residents. The lane is likely to be blocked off by construction vehicles during construction. Comments The proposal has been modified to allow a widening of Bakers Lane to a size that is suitable for the number of vehicles expected to access the laneway, which was reviewed and found acceptable by our Team Leader – Traffic. Bakers Lane is owned by Council and a condition of consent has been imposed requiring the portions of the subject site that enable the widening of the lane to be dedicated to Council to enable public access. The Structure Plans contained within the CDCP 2012 (Figure 3.1.9) earmarks Bakers Lane for future extension to enable access to the rear of properties along this section of Homer Street, linking into Wardell Road. It is not known whether the Lane will be utilised for access during construction, and in the event that it is, alternate access will need to be provided to other users of the Lane as per any other similar developments.

Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979 and all relevant development control plans, codes and policies. The proposed development is permissible in the zone subject to consent under the provisions of Canterbury Local Environmental Plan 2012. As demonstrated, the proposed development is generally consistent with the relevant State Environmental Planning Policies and Council’s development control plans. As outlined throughout this report, the site is capable of accommodating the proposed mixed use development and is not expected to have any detrimental impacts on the amenity of the locality. In this regard the proposal is considered to be a suitable development for the site. It is recommended that the development application be approved, subject to conditions.



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RECOMMENDATION:

THAT development application DA-437/2013 be APPROVED subject to the following: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 1. The following must be submitted to either Council or an Accredited Certifier prior to


Structural Engineering Plan including method of shoring during excavation

Building Specifications Fire Safety Schedule Landscape Plan Hydraulic Plan Firewall Separation Soil and Waste Management Plan BASIX Certification Ventilation of basement in accordance with AS 1668.2 Design Approval from Council’s City Works Department for

realignment of Bakers Lane Consolidation of allotments that are the subject of this application


1.3. Payment to Council of: Kerb and Gutter Damage Deposit $12,924.00 Section 94 Contributions $307,828.05 Certificate Registration Fee $36.00 Long Service Levy $20,387.50

1.4. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $12,918.00 Inspection Fee $3,889.00 Occupation Certificate Fee $1,278.00

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986. Note 2: If you appoint a Principal Certifying Authority other than Council, the fees shown in this item do not apply, however other fees will apply. Note 3: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 4: Section 94 contribution payments are payable by cash, bank cheque, or EFTPOS. Note 5: All Council fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.





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2.2. you must appoint a Principal Certifying Authority (either Canterbury City Council, or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and

2.3. you must give the Council at least 2 days notice of your intention to commence erection of the building (see Attachment – Notice of Commencement copy).

SITE SIGNAGE 3. A sign shall be erected at all times on your building site in a prominent position stating





details prepared by Jackson Teece, dated August 2011 and marked Drawing Plan No.: DA 10 through to 16, 30, 31, 40 and 45 as received by Council on 3 April 2014 except where amended by the conditions specified in this Notice and the following specific conditions: 4.1. A car wash bay as per the requirements of Clause 6.8.16 is to be established in

the basement car park. Details must be shown on the construction certificate plans.

4.2. A 3m wide cantilevered awning must be provided along the Homer Street frontage of the site.

4.3. The developer/applicant is to prepare a revised car parking and bicycle spaces allocation plan for the development, and submit it to the Principal Certifying Authority prior to the issuing of a Construction Certificate. The allocation plan must ensure car parking and bicycle spaces are correctly allocated to the dwellings within the residential component of the development, and to the commercial uses in accordance with Canterbury DCP 2012.

4.4. All residential units in the mixed use development must comply with the minimum amount of storage as required in Part 3.3.4(v) of CDCP 2012.

4.5. The commercial units must have a minimum floor to ceiling height of 3metres. 4.6. The carparks must have a minimum floor to ceiling height of 2.8metres. 4.7. Mail boxes must be provided at a discrete location in front of the property. 4.8. A communal rooftop antenna is to be provided and connected to all units. 4.9. Adequate external clothes drying facilities must be provided for use of future

residents in a location that is not visible from the street. 4.10. Intercom, code or card locks or similar must be installed at main entries to the

building to control access, including the car parks. 4.11. All living room windows on the northern (rear) elevation of the building must

have privacy screening applied to the bottom half of the windows to bring the visual sill height to 1.5m from finished floor level to protect neighbours’ privacy.

4.12. All balconies on the northern (rear) elevation must have balustrades on non-translucent materials to a height of 1.5m to protect neighbours’ privacy.

5. The consolidation of allotments that are the subject of this approval prior to the issue of a Construction Certificate.

6. The final design of the re-alignment of Bakers Lane to provide two way traffic must



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be detailed in a plan and approved by Council’s Director of City Works prior to the issue of a Construction Certificate. The design shall also accommodate the access into 199 Homer Street such that there is no impediment to vehicles traversing Bakers Lane or encroachments of the building onto Bakers Lane.

7. That portion of the subject site that will form part of the widening of Bakers Lane must be subdivided and dedicated to Council via registration with the Land and Property Information Centre NSW at no cost prior to the issue of a construction certificate.

8. Construction of the laneway shall be coordinated with the City Works Division of Council.

9. All costs involved in the realignment of Bakers Lane shall be borne by the applicant. These costs include all cost of design and construction.

10. The works to be undertaken in Bakers Lane including the land to be dedicated for the widening of Bakers Lane shall be completed to the satisfaction of Council’s Director of City Works prior to the issue of an Occupation Certificate.

11. Finishes and materials including the treatment of external walls, windows, doors and balustrades being in accordance with the Drawing No. DA 38 as prepared by Jackson Teece, dated December 2011, and as received by Council on 17 October 2013. The approved design (including an element or detail of that design) or materials finish or colours of the building must not be changed so as to affect the external appearance of the building without the approval of Council.

12. The specific fit-out of the commercial units, including any associated signage, being the subject of a separate approval. All car parking associated with the development must be accommodated on site.

13. The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1 – 2004.

14. Fourty-three (43) off street car parking spaces being provided in accordance with approved DA plans. Car parking within the development shall be allocated as follows: 14.1. Twenty-six (26) residential spaces. 14.2. Four (4) residential visitor spaces 14.3. Eleven (11) commercial spaces 14.4. One (1) car wash bay 14.5. One (1) courier space

15. If the development is to be strata subdivided, the car park layout must respect the above allocation.

16. All disabled parking space dimensions, cross-falls; vertical clearances for access paths and above spaces are to be in accordance with the requirements of AS2890.6.

17. Resident and visitor car parking shall be clearly signposted at the entry to the car parking area.

18. All bicycle spaces are to be provided in accordance with AS2890.3. 19. Parking facilities/storage for 1 bicycle is to be provided on-site for the residential

component and 1 space for the commercial component of the development. These details must be shown on amended plans and submitted to Council or the Principal Certifying Authority prior to the issue of the Construction Certificate.

20. The applicant/developer is to submit a Detailed Preliminary Environmental Site Assessment after demolition of all structures and prior to any excavation or



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construction works, to the Principal Certifying Authority, in accordance with Clause 7 of SEPP 55 – Remediation of Land.

21. Renewal or provision of fencing, attributable to the proposed development being the responsibility of the developer.

22. The bathroom and ensuite window(s) being translucent glass. 23. This condition has been levied on the development in accordance with Section 94 of

the Environmental Planning and Assessment Act 1979 and in accordance with Canterbury Development Contributions Plan 2013, after identifying the likelihood that this development will require or increase the demand on public amenities, public services and public facilities in the area. The monetary contribution of $307,828.05 shall be paid to Canterbury City Council before a Construction Certificate can be issued in relation to the development, the subject of this Consent Notice. The amount payable is based on the following components: Contribution Element Contribution Account No. Open Space Acquisition $148330.34 711 Recreation Facilities $24893.49 712 Community Services $78930.29 713 Environmental Amenity Improvements $30741.06 714 Traffic Control and Management $5236.46 715 Monitoring, research and administration $19696.41 717

Note: The rates applying to each contribution element are subject to indexing using the Consumer Price Index The Contributions payable will be adjusted, at the time of payment, to reflect CPI increases which have taken place since the DA was determined. Canterbury Development Contributions Plan 2013 may be inspected at Council’s Administration Centre, 137 Beamish Street, Campsie or from Council’s website www.canterbury.nsw.gov.au. A copy of the Plan may be purchased from Council’s Administration Centre, 137 Beamish Street, Campsie during office hours.

24. All materials must be stored wholly within the property boundaries and must not be placed on the footway or roadway.

25. All building operations for the erection or alteration of new buildings must be restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

26. All building construction work must comply with the National Construction Code. 27. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to walls

being erected more than 300mm above adjacent ground surfaces to indicate the exact location of all external walls in relation to allotment boundaries.

28. Provide a Surveyor’s Certificate to the Principal Certifying Authority indicating the finished floor level to a referenced benchmark. These levels must relate to the levels indicated on the approved architectural plans and/or the hydraulic details.

29. Under clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. In this condition: a) relevant BASIX Certificate means:

i) a BASIX Certificate that was applicable to the development when this development consent was granted (or, if the development consent is



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modified under section 96 of the Act, A BASIX Certificate that is applicable to the development when this development consent is modified); or

ii) if a replacement BASIX Certificate accompanies any subsequent application for a construction certificate, the replacement BASIX Certificate; and

30. BASIX Certificate has the meaning given to that term in the Environmental Planning and Assessment Regulation 2000."

31. Council’s warning sign for Soil and Water Management must be displayed on the most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.


33. The capacity and effectiveness of erosion and sediment control devices must be maintained at all times.

34. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

35. Concrete pumping contractors must not allow the discharge of waste concrete to the stormwater system. Waste concrete must be collected and disposed of on-site.

36. Materials must not be deposited on Council’s roadways as a result of vehicles leaving the building site.

37. Drains, gutters, roadways and accessways must be maintained free of soil, clay and sediment. Where required, gutters and roadways must be swept regularly to maintain them free from sediment. Do not hose down. The site must be provided with a vehicle washdown area at the exit point of the site. The area must drain to an approved silt trap prior to disposal to the stormwater drainage system in accordance with the requirements of Specification S2 of Council’s Stormwater Management Manual. Vehicle tyres must be clean before leaving the site.

38. A single entry/exit point must be provided to the site which will be constructed of a minimum of 40mm aggregate of blue metal or recycled concrete. The depth of the entry/exit point must be 150mm. The length will be no less than 15m and the width no less than 3m. Water from the area above the entry/exit point shall be diverted to an approved sediment filter or trap by a bund or drain located above.

39. The submitted landscape plan (Drawing numbers L00 Issue C, L01 Issue B, L02 Issue C, L03 Issue A, L04Issue B, drawn by JMD Design and submitted to council on 3rd April 2014) has been prepared according to the Canterbury Development Control Plan 2012.

DILAPIDATION & EXCAVATION 40. A photographic survey of the adjoining properties at 197, 199 and 213 Homer Street,

Earlwood detailing the physical condition of those properties, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items, shall be submitted to the Principal Certifying Authority and Canterbury City Council if Council is not the Principal Certifying Authority, prior to the issue of the relevant Construction Certificate. On completion of the excavation and building works and prior to the occupation of the building, a certificate stating to the effect that no damage has resulted to adjoining premises is to be provided to the Principal Certifying Authority and Canterbury City Council if Council is not the Principal Certifying Authority. If damage is identified which is considered to require rectification, the damage shall be rectified or a satisfactory agreement for rectification of the damage is to be made with the affected person(s) as soon as possible and prior



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to the occupation of the development. All costs incurred in achieving compliance with this condition shall be borne by the persons entitled to act on this Consent.

41. A dilapidation report prepared by an Accredited Engineer, detailing the structural adequacy of the adjoining properties at 197, 199 and 213 Homer Street, Earlwood and their ability to withstand the proposed excavation, and any measures required to be incorporated into the work to ensure that no damage will occur during the course of the works, shall be submitted to Council, or the Principal Certifying Authority with the Construction Certificate. All costs to be borne by the applicant.

DEVELOPMENT ENGINEER 42. The stormwater system be constructed in general, in accordance with the plans,

specifications and details received by Council on 17th October, drawing numbers, SC01 C, SC02 D, SC03 D, SC04 D, SC05 C, SC06 C, SC07 C, SC08 C, SC09 C, SC10 C ; prepared by Neil Lowry and Associates and as amended by the following condition.


44. All downpipes, pits and drainage pipes shall be installed to ensure that stormwater is conveyed from the site and into Council’s stormwater system in accordance with AUS-SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and Council’s DCP 2012, Part 6.4.

45. Full width grated drains being provided across the vehicular entrance/exit to the site where internal areas drain towards the street, and be connected to the drainage system upstream of the silt arrestor pit and in accordance with Clause 4 of Council’s DCP 2012, Part 6.4.

46. Where OSD is required; three (3) copies of plans and calculations must be submitted prior to the issue of Construction Certificate to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA. The plans must be prepared by a practicing Civil Engineer and include levels reduced to Australian Height Datum (AHD) and full details of the hydraulic evaluation of the entire stormwater drainage system. The details shall be prepared in accordance with Council’s DCP 2012, Part 6.4.

47. A Works-as-Executed plan must be submitted to Canterbury City Council at the completion of the works, the plan must clearly illustrated dimensions and details of the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. A construction compliance certification must be provided prior to the issuing of the Occupation Certificate to verify, that the constructed stormwater system and associate works has been carried out in accordance with the approved plan(s), relevant codes and standards. The required certification must be issued by an accredited professional in accordance with the accreditation scheme of the Building Professional Board issued 1st March 2010. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in Councils DCP 2012, Part 6.4

48. A full width heavy duty vehicular crossing shall be provided at the vehicular entrance to the site, with a maximum width of 5 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.



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

50. The levels of the street alignment are to be obtained by payment of the appropriate fee to Council. These levels are to be incorporated into the designs of the internal pavements, carparks, landscaping and stormwater drainage. Evidence must be provided that these levels have been adopted in the design. As a site inspection and survey by Council is required to obtain the necessary information, payment is required at least 14 days prior to the levels being required.

51. Driveways, parking and service areas are to be constructed or repaired in accordance with the appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.

52. The driveway grades shall be in accordance with Australian Standard AS 2890.1"Off-street Parking Part 1 - Carparking Facilities".

53. All redundant vehicular crossings shall be replaced with kerb and the footpath reserve made good by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

54. The reconstruction of the kerb and gutter along all areas of the site fronting Bakers Lane and Homer Street is required. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

55. The reconstruction of concrete footpath paving and associated works along all areas of the site fronting Bakers Lane and Homer Street. Work being carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.


LANDSCAPE 57. The landscaping on the site must be completed according to the submitted landscape

plan (Drawing numbers L00 Issue C, L01 Issue B, L02 Issue C, L03 Issue A, L04Issue B, drawn by JMD Design and submitted to council on 3rd April 2014) and with AUS-SPEC Specification 0257-Landscape – Roadways and Street Trees, except where amended by the conditions of consent. The landscaping is to be maintained at all times to the Council's satisfaction.

58. Plant Quality and Sizes: All the tree supply stocks shall comply with the guidance given in the publication Specifying Trees: a guide to assessment of tree quality by Ross Clark (NATSPEC, 2003).

59. Plant Pre-order: All scheduled plant stock shall be pre-ordered, prior to issue of Construction Certificate or 3 months prior to the commence of landscape construction works, whichever occurs sooner, for the supply to the site on time for installation. Written confirmation of the order shall be provided to Council’s Landscape Architect (Contact no: 9789 9438), prior to issue of any Construction Certificate. In addition to the details in the above table, the order confirmation shall include name, address and



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contact details of supplier; and expected supply date. WASTE MANAGEMENT 60. The waste bin presentation area (marked as "garbage collection zone") is to be suitably

screened so that the bins are not visible from the adjacent properties, laneway or Homer Street. This area must only be used for the temporary storage of waste and recycling bins awaiting collection.

61. The waste bin storage areas and waste bin presentation area is to be designed and constructed in accordance with clauses 6.9.4.1 and 6.9.4.2 of the CDCP.

CRIME PREVENTION 62. The basement car park must be painted the colour ‘white’. This measure will increase

lux levels and light reflection. 63. Internal car park structures such as concrete columns, solid internal walls, and service

rooms must contain portholes (cut outs). This measure will open sightlines, increase natural surveillance and assist with light distribution.

64. The site must be treated with anti-graffiti paint to deter graffiti offenders targeting the building and its perimeter. This will preserve the building and increase a sense of maintenance and ownership of the site.

65. All access points to the building (this would include lifts and stairwells) must be restricted to residents only through a security system. Visitors to the residential complex must be provided with access via the intercom.

66. The storage units located in the vicinity of the car spaces must be fully enclosed and non-visible. This measure will deter potential offenders from breaking in as they are unable to see what contents (reward) is inside the storage unit.

67. Residential parking is to be separated from commercial and visitor parking with either a bollard gate or roller door. This will increase security and reduce unauthorised persons accessing restricted areas of the building.

68. In addition to existing lighting, sensor spot lights must be strategically placed in high pedestrian areas to increase natural surveillance and enhance feelings of personal safety.

69. Vegetation is to be planted along plain walls surrounding the communcal open space area to limit graffiti vandal’s access to the blank canvass.

70. Appropriate signage such as ‘Alcohol Prohibited’ must be strategically erected around the communal court yard to reinforce behavioural expectations.

71. Residents must be provided a ‘Home and Street Safety Kit’ which provides practical tips on how to increase community safety for residents.



73. CRITICAL INSPECTIONS Class 2, 3 or 4 Buildings



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73.1. prior to covering of waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within the building, and

73.2. prior to covering any stormwater drainage connections, and 73.3. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Class 5, 6, 7, 8 or 9 Buildings 73.4. prior to covering any stormwater drainage connections, and 73.5. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. 74. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a

development consent, if not carrying out the work as an owner-builder, must notify the principal contractor for the building work of any critical stage inspections and other inspections that are to be carried out in respect of the building work, as nominated in this development consent. To arrange an inspection by Council please phone 9789-9300 during normal office hours.


Certifying Authority before partial/entire occupation of the development. 76. Compliance with the requirements of Development Control Plan No. 37 - Energy

Smart Homes Policy must be demonstrated by submitting to the Principal Certifying Authority relevant Certificates of Compliance (Hot water system, plumbing fittings, insulation, clothes dryer) before the issue of an Occupation Certificate. Copies of Certificates of Compliance may be found in the appendices of DCP 37 and must be completed by appropriately qualified persons.

WE ALSO ADVISE: 77. This application has been assessed in accordance with the National Construction Code. 78. You should contact Sydney Water prior to carrying out any work to ascertain if


to submit Compliance Certificates in respect of the following: Structural engineering work Air handling systems Final fire safety certificate Glazing Waterproofing BASIX completion




83. Compliance with the National Construction Code does not guarantee protection from



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prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800 021 199.

84. Our decision was made after consideration of the matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.


Planning and Assessment Act 1979. A request for review must be made and determined within 6 months of the date of this Notice of Determination and be accompanied by the relevant fee; or



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4 630-634 NEW CANTERBURY ROAD, HURLSTONE PARK: CONSTRUCTION OF SIX STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING

FILE NO: 634/630D


WARD: EAST

D/A No: DA-414/2014

Applicant:

Owner:

Propoint Developments Pty Ltd

As above

Zoning: B2 – Local Centre

Application Date: 15 September 2014, additional information received 31 October 2014 and 22 January 2015

Summary:

The application seeks consent to demolish the existing structures and construct a five storey shop top housing development comprising one retail shop, five serviced apartments, 20 residential units and associated basement car parking.


The development application has been assessed against the relevant environmental planning instruments and development control plan. The proposed development is generally compliant with these requirements, with the exception of building height and minor non-compliances with the building separation and bedroom dimension controls.

The development application was notified in accordance with the provisions of Canterbury Development Control Plan 2012. No submissions were received.




Report:

Site Details The subject site comprises two allotments and is located on the southern side of New Canterbury Road, Hurlstone Park. The site has a northern frontage of 20.115m, an eastern boundary depth of 52m, a southern rear boundary of 20.155m, a western boundary depth of 49.975m and an overall site area of 1019m2. The site slopes gently from north to south, with a total fall of 3m. The site currently contains a single storey brick shop and associated ancillary


630-634 NEW CANTERBURY ROAD, HURLSTONE PARK: CONSTRUCTION OF SIX STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING (CONT.)

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development to the east of the site and a single storey dwelling and ancillary structures to the west of the site. New Canterbury Road is characterised by a mix of commercial tenancies, shop top housing and low to high density residential development. Adjoining the site to the east and west are single storey brick dwellings. To the south of the site is a two storey red brick residential flat building. To the north of the site, across New Canterbury Road is relatively modern, shop top housing that is four storeys in height.


Proposal The applicant is seeking consent to demolish the existing site structures and construct a five storey shop top housing development comprising one retail shop, five serviced apartments, 20 residential units and associated basement car parking. The proposed development will have a layout as follows: Level Components Basement 2 24 car parking spaces, including a car wash bay, four bicycle parking spaces,

storage and a waiting location & signal system Basement 1/Lower Ground Floor

12 car parking spaces, including loading bay, four bicycle spaces, storage and a waiting location & signal system. Given the slope of the site, there are two x two bedroom serviced apartments at the rear of the development

Ground Floor A commercial premises fronting New Canterbury Road, garbage area, vehicular access off New Canterbury Road and three x two bedroom serviced apartments with associated private open space

Level 1 Six x two bedroom units with associated private open space Level 2 Four x two bedroom units and two x one bedroom units, with associated

private open space Level 3 Four x two bedroom units and one x one bedroom unit with associated private

open space Level 4 Three x three bedroom units with associated private open space



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Level Components Level 5 (Communal Rooftop Terrace)

Landscaped area, paving, decking and lift and stair access

Statutory Considerations When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act, 1979 must be considered. In this regard, the following environmental planning instruments, development control plan and policy are relevant: State Environmental Planning Policy (Infrastructure) 2007 (SEPP 2007) State Environmental Planning Policy 55 – Remediation of Land (SEPP 55) Canterbury Local Environmental Plan 2012 (CLEP 2012) State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX)

(SEPP BASIX) State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) Canterbury Development Control Plan 2012 (CDCP 2012) Canterbury Development Contributions Plan 2013 Assessment The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge: State Environmental Planning Policy (Infrastructure) 2007 (SEPP 2007)

State Environmental Planning Policy (Infrastructure) 2007 aims to facilitate the effective delivery of infrastructure, including providing appropriate consultation with relevant public authorities about certain development during the assessment process. The subject site is located on New Canterbury Road which is a classified road for the purposes of the SEPP. In accordance with Clause 104 of the State Environmental Planning Policy (Infrastructure) 2007, the proposed development falls under the requirements of Schedule 3 of the SEPP and requires referral to Roads and Maritime Services (RMS) for comment. In accordance with Clause 104 of the SEPP the DA was referred to the RMS, who raised no objections to the proposed development subject to conditions being imposed on any development consent issued. Clause 102 of the SEPP states that a consent authority must consider the likely impacts from road noise and vibration for development adjacent to certain road corridors. In particular, the SEPP requires that for the purposes of a residential use, the consent authority must not grant consent to development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded: (a) in any bedroom in the building – 35 dB(A) at any time between 10pm and 7am, (b) anywhere else in the building (other than a garage, kitchen, bathroom or

hallway) – 40 dB(A) at any time.



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An acoustic report, prepared by SLR Global Environmental Solutions was submitted with the application, detailing the various measures that need to be incorporated into the construction of the proposed building to ensure compliance with the above controls and safeguard the amenity of future occupants of the development. Compliance with the acoustic report has been included as a condition of consent.

State Environmental Planning Policy 55 – Remediation of Land (SEPP 55)

State Environmental Planning Policy 55 – Remediation of Land aims to promote the remediation of contaminated land for the purposes of reducing risk to human health or any other aspect of the environment. Clause 7 of SEPP 55 states that a consent authority must not consent to the carrying out of development unless it has considered whether the land is contaminated. If the land is contaminated, it must ascertain whether it is suitable in its contaminated state for the proposed use or whether remediation of the land is required. In accordance with the SEPP, a preliminary site investigation was prepared for the site by SMEC Testing Services Pty Ltd. Recommendations have been made in regard to potential contamination sources which have been identified at the site. Given that the entire site is proposed to be bulk excavated for the proposed development, any chemically impacted soil which may be present would be removed at the time of redevelopment. The investigation revealed that the site will be made suitable for the proposed residential development if developed in accordance with the proposed plans. However, a soil sampling program will be required prior to any bulk excavation works occurring in order to classify the soils on site for off-site disposal purposes. These recommendations have been included as recommended conditions of consent.

Canterbury Local Environmental Plan 2012 (CLEP 2012)

The subject site is zoned B2 – Local Centre under Canterbury Local Environmental Plan 2012. The controls applicable to this development application are as follows:

Standard Requirement Proposal Complies Zoning B2 – Local Centre The proposed development is

defined as ‘shop-top housing’ and ‘commercial premises’.


FSR No FSR applies No FSR controls apply to the B2 zone under CLEP 2012

N/A

Building Height

The subject site is identified as being within an area where a height limit of 18m applies

The development is predominantly 18m high, except for the lift and stair overrun which results in an overall maximum height of approximately 20m.


Permissibility We have received legal advice indicating that the proposed serviced apartments be classified as ‘commercial premises’. As such, the proposed development, which contains a mix of retail premises and serviced apartments on the ground floor and shop top housing on upper levels, is permissible with development consent. Appropriate conditions ensuring that the proposed serviced apartments will be utilised for this use only are included in the recommended conditions of consent.



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Building height The proposal complies with the standards found in CLEP 2012, with the exception of height. The increased height derives from the provision of access to the roof top communal open space only. As such, the development seeks a variation to Clause 4.3 of CLEP 2012 relating to the height of buildings. The applicant has submitted a justification in accordance with Clause 4.6 of CLEP 2012 regarding the non-compliance of the development standard as summarised below. Clause 4.6 of the LEP applies to this development as follows: (3) Development consent must not be granted for development that contravenes a

development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating; (a) that compliance with the development standard is unreasonable or

unnecessary in the circumstances of the case; Comment The applicant states that the standard is unnecessary in this instance as the excess height of the proposal of 2m relates to the lift and fire stair overrun only, which are necessary to provide access to the communal open space provided on the roof top. Due to the central location and adequate setbacks of these features, this portion of the building cannot be readily seen from the public domain. The proposed building that is easily read from the surrounding streets is compliant with the height standard.

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

Comment Although not required, the proposal includes roof top common open space which provides greater amenity and recreational opportunities for residents. There will be minimal impacts on the amenity, in terms of privacy and solar access, of surrounding development as a result of the lift overrun and fire stairs. The proposed development is considered to meet the objectives for height as specified in CLEP 2012 and CDCP 2012. (4) Development consent must not be granted for development that contravenes a

development standard unless: (a) the consent authority is satisfied that; (i) the applicant’s written request has adequately addressed the matters

required to be demonstrated by sub-clause (3); Comment The applicant’s written statement adequately covers matters required by sub-clause 3.



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(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out;

Comment The proposed development is in the public interest and is in keeping with the objectives of ‘Clause 4.3 Height of Buildings’ of CLEP 2012. The proposal seeks to replace an older, existing building with a permissible, generally compliant shop top housing development. The design incorporates building elements and architectural features that aim to minimise potential overshadowing. Any shadow impact from the access overrun on the roof top will not cast a shadow that expands outside the roof top common space. The proposed building is in keeping with the desired future character of the Hurlstone Park centre, as prescribed by CLEP 2012. The continued revitalisation and improvement of the streetscape benefits the community.

(b) the concurrence of the Director-General has been obtained. Comment The concurrence of the Director General is assumed having regard to previous advice received from the Department of Planning and Infrastructure in Circular PS-08-003. Having regard to the above commentary, it is considered appropriate in this instance to support the submission under Clause 4.6 of LEP 2012 to permit the proposed development.

State Environmental Planning Policy 2004 (Building Sustainability Index:

BASIX) A BASIX Certificate No.552189M accompanies this application and lists a variety of commitments that are to be incorporated into the overall design of the project. The necessary commitments have been referenced on the architectural plans where required, meet the water, energy and thermal comfort targets and therefore satisfy the objectives of the SEPP.

State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) The proposed development falls within the definition of a residential flat building under SEPP 65 and therefore requires assessment under the provisions of the SEPP. The policy aims to improve the design quality of new residential flat buildings in NSW by addressing specific design criteria. Context The mixed-use development is consistent with the future character of the area and is a permissible use within the zone. Higher density residential development will be a characteristic of the area within and adjacent to the business centre.



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Scale The scale of the proposed development generally satisfies the height controls contained within the CLEP 2012 and the building envelope controls contained within CDCP 2012. As such, it is considered that the proposal is consistent with the scale of development envisaged by these controls. Built Form The proposal achieves the built form objectives as it contributes positively to the streetscape and provides a high amenity for residents and tenants. The mixed use nature of the proposal is appropriate in context of the existing development in the locality and for the desired future character. The built form responds to the envisaged future character of the locality through well considered distinctive architectural forms and high quality materials and finishes. Density The proposed development has been designed to achieve the aims and objectives of the built form controls of CLEP 2012 and CDCP 2012 and therefore represents an appropriate density for the site. Resource, Energy and Water Efficiency The applicant has submitted a BASIX Certificate for the proposal, which demonstrates the proposal is satisfactory in terms of energy efficiency. The solar access plan and the ventilation diagram plan indicate that 73% of units will achieve a minimum of three hours of solar access between 9am-3pm and that 68% of units will achieve natural cross ventilation. This meets the ‘rules of thumb’ requirements for solar access and ventilation, which are that 70% of units achieve a minimum of three hours solar access between 9am – 3pm and that 60% of units will achieve natural cross ventilation. Landscape These principles have been considered. Landscape details have been provided for landscaping to courtyards and communal open space areas, which have been reviewed by our Landscape Architect. 29% of the site area has been provided as common open space, situated on the roof top terrace area in compliance with CDCP 2012. Amenity The proposal achieves a satisfactory residential amenity with reasonable room size and shape, along with access to natural light and ventilation. Optimising amenity has been further achieved by efficient layouts and outlook, access to sunlight, natural ventilation and visual and acoustic privacy. Safety and Security Satisfactory provision for security with enclosed entry porch to lift lobby for access to dwellings and upper levels is provided. The proposal has been reviewed in accordance with Part 6.3 of CDCP 2012 relating to Crime Prevention Through Environmental Design Policy and the proposal is consistent with these principles.



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Social Dimensions and Housing Affordability The proposed residential flat development will add to the range of dwelling size options and optimise the provision of housing to suit social mix. Aesthetics The development application has been accompanied by a Design Verification Statement and confirms that the development satisfies the general design principles contained within the SEPP. The proposed development is different in terms of form, material and colours to existing development within the locality but, as outlined previously, is expected to positively contribute to the desired future character of the locality. Having regard to the previous comments, the proposal is considered to meet the objectives of the SEPP by providing a positive contribution to the locality in terms of design quality and amenity for future occupants without creating significant adverse impacts on adjoining residential development. The applicant has submitted a statement, prepared by Aleksandar Design Group, which details the proposed development's compliance with the design principles of the SEPP. In particular the scale, density and built form of the development are appropriate for the development’s position within the Hurlstone Park Local Centre. The development comprises an adequate dwelling mix, which will diversify housing choice within the Hurlstone Park local centre. The individual apartments provide a high level of amenity for occupants through the provision of spacious bedrooms, common living areas and deep balconies. The proposal is consistent with the Residential Flat Design Code prepared by the Department of Planning.


The proposal compares to CDCP 2012 as follows:





Minimum Frontage

12m-18m 20.115m Yes

Building Height


3.3m Yes


Min 2.7m Yes


Min 2.8m Yes

Building Depth


Retail premises depth is 10.5m Serviced apartments have minimum depth of 10m

Yes



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Standard Requirement Proposed Complies In general, an apartment building depth of 10-18 metre is appropriate


Yes

Building Setbacks

1-3 storeys along New Canterbury Road built to front boundary

1-3 storeys built to front boundary Yes

> 3 storeys – 5m Upper storeys setback 5m Yes Nil side setback Nil side setbacks provided Yes Establish 45 degree height plane from projected 6m from residential zone boundary and two storey height limit applies

45 degree height plane projected 6m from rear with two storey height limit

Yes

Building Separation (as per SEPP 65)

6m up to 3 storeys 12m for 4th storey 18m for 5th storey

The development is not adjoined by any developments of three storeys or higher. However, a minimum separation of 12m provided between south facing balconies and adjoining windows of two storey residential flat building development to the south.

Yes

Within the development, a minimum 6m separation is provided up to 3 storeys from habitable windows within the development, On the 4th storey, a minimum of 10m separation is provided between habitable rooms




Viable commercial premises have been provided at the ground floor and lower ground floor levels

Yes

Car and Bicycle Parking (Rate for shop top housing in centres in B2 zone with good public transport)

Residential 1 spaces per 1 bedroom dwelling (3 spaces) 1 space per 2 or 3 bedroom dwelling (17 spaces) 1 car wash bay 0.15 spaces per dwelling for visitor car parking (3 spaces) Total: 24 spaces (including car wash bay)

29 spaces (including car wash bay)

Yes

Shop 1 space/50sqm (2 spaces)

1 space

Yes

Serviced apartments No controls outlined in CDCP 2012. Shop top housing rates have been applied. 1 space per 2 bedroom dwelling (5 spaces) 0.15 spaces per dwelling for visitor car parking Total: 6 spaces

6 spaces Yes – see comments below



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Standard Requirement Proposed Complies Bicycle Parking Residential 1 space per 5 dwellings (residents) – 4 spaces required 1 space per 10 dwellings (visitor) – 2 spaces required Total: 6 spaces

8 bicycle spaces provided

Yes

Design Controls

Clearly identifiable entries, Provide main common entry.


Yes



Yes



Yes

Cantilevered Awning


3.3m Yes

Width of 3m 3m Yes Articulation Buildings should generally have a

base and upper elements Building has base and upper levels

Yes

The design of the facade, including the quality and durability of its materials, should be emphasised.


Yes

The ‘facade’ should have a strong sense of verticality, emphasised on the ground floor by modulation at intervals of 6-8 metres with some variation. Modulation above the ground floor may take the form of party walls, small bays, as well as variations in materials and colours.


Yes



Yes


No blank walls face New Canterbury Road

Yes

Balconies should be used in moderation and be integrated into the overall composition of the facade.


Yes



Yes


Roof design is consistent with the desired built form and context of the area

Yes


Roof structure takes advantage of the northerly aspect to the front of the site to provide maximum solar access

Yes



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Standard Requirement Proposed Complies Service and Utility Areas



Yes



Yes


Antenna can be conditioned Yes




Mailboxes to be provided on New Canterbury Road

Yes

Performance Controls Visual Privacy

Locate and orientate new developments to maximise visual privacy between buildings

Design has adequately addressed visual privacy issue through window placements and sufficient setbacks with the adjoining property

Yes

Balconies Primary 8sqm balconies for 1 bedroom dwellings and 12sqm for 2 & 3 bedroom dwellings

Balconies to provide the minimum private open space requirements. To be imposed a condition of consent.

Yes


Articulation and building design elements incorporated to provide relief to balconies

Yes



Yes



Yes



Yes


Balconies have been designed where achievable to have northern orientation to maximise solar access

Yes

Storage: 6m3 per one bedroom dwelling 8m3 per two bedroom dwelling 10m3 per three bedroom dwelling

Minimum: 6m3 per one bedroom dwelling 8m3 per two bedroom dwelling 10m3 per three bedroom dwelling

Yes

Communal open space not required as site is less than 500m2

m2 Yes

Internal Dwelling Space and


Typical furniture layout on plans Yes



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Standard Requirement Proposed Complies Design Living room and main bedroom

min 3.5m dimension Minimum 3.5m, except for serviced apartments bedrooms which have dimensions of 3m x 4m



Minimum 3m Yes



The building and dwellings are orientated towards New Canterbury Road

Yes


Dwellings have been orientated towards New Canterbury Road

Yes



Yes

Access Control



Yes

Install intercom, code or card locks or similar to main entries to buildings, including car parks.

Intercoms and controlled access measures to be installed at building entry point, including basement car park.

Yes



Yes



Yes



Solar access maximised Yes

Design and site the building to avoid casting shadows onto neighbouring buildings, outdoor space and solar cells on the site and on adjoining land (see solar access below).

Building has been designed to minimise shadow impact on adjoining properties, with adequate separation proposed

Yes


Design allows for natural ventilation and incorporates passive solar design techniques

Yes


Adequate clothes drying facilities provided

Yes

Internal layout

Configure the building to maximise solar access to rooms that are occupied during the day (such as living areas, offices, waiting rooms and lunchrooms). Locate service areas to the south and west of the building.

Building configured to maximize solar access

Yes



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Placement of windows on the northern side has been incorporated into the design

Yes


Use insulation in the roof, ceiling, walls and floors to deflect heat and prevent the building from heating up in summer, and to contain heat and prevent the building from cooling down in winter, as follows: - Roof: minimum 2.0 R-value - Wall: minimum 1.0 R-value Floor: minimum 1.0 R-value

This has been addressed in the BASIX Certificate

Yes



73% of apartments receive 3 hours sunlight between 9am and 3pm in mid-winter

Yes


Proposal complies with this requirement

Yes


Cross ventilation is provided to 68% of dwellings and natural ventilation to all of the kitchens within the dwellings

Yes

The proposed development generally complies with the design and numerical requirements of CDCP 2012. Matters raised in the above table and discussed below. Building separation Part 3.1.9 of CDCP 2012 requires building separation in accordance with the building separation ‘rules of thumb’ outlined in SEPP 65. A merit assessment of the proposed development under SEPP 65 above indicates that the proposal achieves satisfactory amenity and is of a comparative scale and built form to other high density developments along New Canterbury Road. A minor non-compliance with the numerical guidelines for building separation relates to the separation between the front and rear portions of the building on the fourth floor only. The proposed separation between these dwellings does not compromise the proposed development’s adherence to the objectives under Part 3.1.9 of CDCP 2012 in that the development still achieves the solar access and cross ventilation requirements outlined in CDCP 2012 and SEPP 65. In order to further mitigate any potential issues of privacy, screening is provided along the northern face of the southernmost apartments on this level.



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Given that there will unlikely be adverse impacts on the amenity of future occupants and that solar access and cross ventilation requirements have been achieved, the proposed development meets the objectives of building separation as outlined in CDCP 2012. Car parking for serviced apartments In the absence of parking controls for serviced apartments under CDCP 2012 and the RMS guide for traffic generating development, we have referred to the shop top housing parking controls to best determine the number of parking spaces required. This results in six car parking spaces being provided for the proposed five x two bedroom serviced apartments. The shop top housing controls are the best guide to determine the amount of parking required because they recognise that this site is within a B2 zone, with access to good public transport and prescribe parking based on the number of bedrooms. The proposed serviced apartments could also be compared to a ‘motel’, another type of tourist and visitor accommodation, as classified in CLEP 2012. CDCP 2012 specifies that one car parking space per room of motel must be provided. Under this control, the provision of five serviced apartments would result in five car parking spaces. The proposed car parking exceeds this requirement. As such, the proposed number of car parking spaces is adequate for the serviced apartments. Primary bedroom dimensions for serviced apartments All but two main bedrooms of the serviced apartments (units 4 and 5) comply with the minimum width of 3.5m. The main bedrooms have a width of 3m, but have a depth of over 4m. Although these units do not comply with the numerical control, they still provide good amenity through the adequate size, direct balcony access and visual privacy. Given that these bedrooms are for short-term use by tourists, rather than residents, the variation to this control is able to be supported. Potential future development on adjoining sites The properties at 626 and 628 New Canterbury Road, with a combined frontage to New Canterbury Road of 18m are capable of comprehensive redevelopment. Under CDCP 2012, sites in B2 zones require a minimum frontage of at least 12m and a preferable width of 18m in order to provide for development and car parking design that is more efficient. The site at 626 and 628 New Canterbury Road meets this requirement. Part 6.4 - Development Engineering, Flood and Stormwater The stormwater proposal submitted with the application has been assessed by our Development Engineer and is in accordance with our stormwater disposal requirements. No objection is raised subject to conditions of consent being attached to any consent granted. Part 6.6 Landscaping and Part 6.7 Preservation of Trees or Vegetation The proposal has been reviewed by our Landscape Architect who has advised that no objection is raised from a landscaping perspective, subject to appropriate conditions, being imposed on any consent issued.



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Part 6.8 Vehicle Access and Parking As discussed above, the proposal will comply with the car parking provisions of Part 6.8 of CDCP 2012, subject to conditions. Further, the development application has been reviewed and assessed by our Traffic Engineer and Roads and Maritime Services (RMS), who have no objection to the proposed development, subject to conditions. Access In response to Council resolutions on 28 August and 25 September 2014 and the City Development Committee resolution on 9 October 2014 regarding the rear access to larger scale developments through the creation of lane ways, the applicant has provided the following response:

“We note that whilst a report containing various recommendations was put to Council’s City Development Committee, no formal resolution has been made on whether to adopt those recommendations. In the circumstances, and notwithstanding that if Council had resolved to pursue those or any other changes to the LEP and DCP, they would have no legal force or application until due processes under the Act had been followed. Further, in the circumstances of the subject proposal, it is noted that consent has already been granted for the redevelopment of 610-618 New Canterbury Road with a similar setback and basement siting that would preclude the creation of a functional laneway in this strip. Furthermore, without 636-638 development and creating access first, then the subject site would be sterilised from development until such time as it would be access denied. Currently there is no lane to the rear of our site and not sufficient space to create laneway without seriously affecting the amenity of the adjoining apartment building. The topography of the site means that a rear lane is unsuitable. There is a drop in level along the rear boundary of over 1m, limiting potential on-grade access to the site.”

There is no alternative access to the site, other than from New Canterbury Road. The RMS have raised no objection to this access, subject to conditions. The access to the site is considered to be acceptable in this instance.

Canterbury Development Contributions Plan 2013

The provisions of our Section 94 Contribution Plan apply to the proposed development in that it will provide residential dwellings on the subject site. The proposed development attracts a contribution of $233,323.78 for open space and recreation, community facilities and plan administration, based on the generation of three x one bedroom units, fourteen x two bedroom units and three x three bedroom apartments with credit for two existing large dwellings.



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Having regard to the provisions of the Plan, this is required to be paid prior to the issue of a Construction Certificate. This has been recommended as a condition of consent.

Notification The proposed development was publicly exhibited and adjoining land owners were notified as per the requirements of Canterbury DCP 2012. During this period, no submissions were received. Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979 and all relevant development control plans, codes and policies. The proposed development is permissible in the zone subject to consent under the provisions of Canterbury Local Environmental Plan 2012. As demonstrated, the proposed development is generally consistent with the relevant State Environmental Planning Policies and Council’s development control plans. As outlined throughout this report, the site is capable of accommodating the proposed mixed use development and is not expected to have any detrimental impacts on the amenity of the locality. In this regard the proposal is considered to be a suitable development for the site. It is recommended that the development application be approved, subject to conditions.

RECOMMENDATION:

THAT Development Application DA-414/2014 be APPROVED, subject to the following conditions: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 1. The following must be submitted to either Council or an Accredited Certifier prior to


Structural Engineering Plan including method of shoring during excavation

Building Specifications Fire Safety Schedule Landscape Plan Hydraulic Plan Firewall Separation Soil and Waste Management Plan BASIX Certification Ventilation of basement carpark


1.3. Payment to Council of: Kerb and Gutter Damage Deposit $6462.00 Section 94 Contributions $233,323.78 Certificate Registration Fee $36.00 Long Service Levy $22,948.45

1.4. If you appoint Council as your Principal Certifying Authority, the following



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fees are payable: Construction Certificate Application Fee $14,575.00 Inspection Fee $4428.00 Occupation Certificate Fee $1478.00

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986. Note 2: If you appoint a Principal Certifying Authority other than Council, the fees shown in this item do not apply, however other fees will apply. Note 3: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 4: Section 94 contribution payments are payable by cash, bank cheque, or EFTPOS. Note 5: All Council fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.



2.2. you must appoint a Principal Certifying Authority (either Canterbury City Council, or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and

2.3. you must give the Council at least 2 days notice of your intention to commence erection of the building (see Attachment – Notice of Commencement copy).

2.4. In the case of work which includes residential development, you must inform us in writing before the commencement of work of the following: 2.4.1. The name and contractor or licence number of the licensee who has

contracted to do or intends to do the work; or 2.4.2. The name and permit number of the owner-builder who intends to do

the work. INSURANCE 3. If it is intended to engage a builder or licensed contractor to do the work where it is

valued over $20,000 and is not a multi storey building then this person must take out home building insurance with a private insurer. The builder or person doing the work must also satisfy Council that they have taken out an insurance policy by producing evidence of the insurance certificate or other documentation. Further information on insurance requirements is available from the Department of Fair Trading (NSW Consumer Protection Agency) on 1800 802 055.

SITE SIGNAGE 4. A sign shall be erected at all times on your building site in a prominent position stating




DEMOLITION 5. Demolition must be carried out in accordance with the following:



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(a) Demolition of the building is to be carried out in accordance with applicable provisions of Australian Standard AS 2601-2001: The Demolition of Structures and the Construction Safety Act Regulations.

(b) The demolition of a structure or building involving the removal of dangerous or hazardous materials, including asbestos or materials containing asbestos must be carried out in accordance with the requirements of the Workcover Authority of New South Wales.

(c) Demolition being carried out in accordance with the requirements of the Work Health and Safety Regulation 2011.

(d) A hoarding or fence must be erected between the building or site of the building and the public place, if the public place or pedestrian or vehicular traffic is likely to be obstructed or rendered inconvenient because of the carrying out of the demolition work.

(e) Demolition of buildings is only permitted during the following hours: 7.00 a.m. – 5.00 p.m. Mondays to Fridays 7.00 a.m. – 12.00 noon Saturdays No demolition is to be carried out on Sundays or Public Holidays.

(f) Burning of demolished building materials is prohibited. (g) Adequate care is to be taken during demolition to ensure that no damage is

caused to adjoining properties. (h) Soil and water management facilities must be installed and maintained during

demolition in accordance with Council’s Stormwater Management Manual. If you do not provide adequate erosion and sediment control measures and/or soil or other debris from the site enters Council’s street gutter or road you may receive a $1500 on-the-spot fine.

(i) Council’s Soil and Water Management warning sign must be displayed on the most prominent point on the demolition site, visible to both the street and site workers. The sign must be displayed throughout demolition.

(j) The capacity and effectiveness of soil and water management devices must be maintained at all times.

(k) During the demolition or erection of a building, a sign must be provided in a prominent position stating that unauthorised entry to the premises is prohibited and contain all relevant details of the responsible person/company including a contact number outside working hours.

(l) A sign is not required where work is being carried out inside, or where the premises are occupied during the works (both during and outside working hours).

(m) Toilet facilities must be provided to the work site in accordance with WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the BCA.

(n) Removal, cleaning and disposal of lead-based paint conforming to the current NSW Environment Protection Authority’s guidelines. Demolition of materials incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. Note: For further advice you may wish to contact the Global Lead Advice and Support Service on 9716 0132 or 1800 626 086 (freecall), or at www.lead.org.au.

(o) Hazardous dust not being allowed to escape from the site. The use of fine



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mesh dust proof screens or other measures are recommended. (p) Any existing accumulations of dust (eg. Ceiling voids and wall cavities) must

be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter. All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Water must not be allowed to enter the street and stormwater systems. Demolition is not to be performed during adverse winds, which may cause dust to spread beyond the site boundaries.


details prepared for 630-634 New Canterbury Road, by Aleksandar Design Group, dated 14 January 2015, as received by Council on 22 January 2015, except where amended by the following specific conditions and the conditions contained in this Notice: 6.1. A separate waste bin storage areas for the commercial premises and serviced

apartments must be provided. This waste bin storage areas must be designed and constructed in accordance with clauses 6.9.4.1 and 6.9.4.2 of the CDCP.

Details of this design change must be submitted to either Council or an Accredited Certifier prior to the issuing of a Construction Certificate.

7. This condition has been levied on the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and in accordance with Canterbury Development Contributions Plan 2013, after identifying the likelihood that this development will require or increase the demand on public amenities, public services and public facilities in the area. The amount of the contribution (as at the date of this consent) has been assessed as $233,323.78. The amount payable is based on the following components: Contribution Element Contribution Community Facilities $21,104.61 Open Space and Recreation $233,323.78 Plan Administration $5939.23

Note: The contributions payable will be adjusted, at the time of payment, to reflect Consumer Price Index increases which have taken place since the development application was determined. The contribution is to be paid to Council in full prior to the release of the Construction Certificate, (or for a development not involving building work, the contribution is to be paid to Council in full before the commencement of the activity on the site) in accordance with the requirements of the Contributions Plan.

8. Thirty-six (36) off-street car spaces must be provided. This shall comprise: 29 residential spaces 3 residential visitor spaces 1 car wash bays 6 spaces for use by the serviced apartments 1 commercial space Three (3) residential car parking spaces and one (1) serviced apartment car parking space are to be for people with mobility impairment, in accordance with AS 2890.1. The car spaces must be allocated and marked according to this requirement. The carpark layout must respect the above allocation. Details and plans of the car parking arrangement must be submitted to either Council or an Accredited Certifier prior to the issuing of a Construction Certificate.



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9. The use and operation of the premises must comply with the requirements of Schedule 2 (Standards for Places of Shared Accommodation) of the Local Government (General) Regulation, 2005 under the Local Government Act 1993, the Public Health Act, 2010 and regulations thereunder. The serviced apartments must also meet the definition of ‘serviced apartment’ outlined in Canterbury Local Environmental Plan 2012, as follows: “serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.”

10. A Plan of Management must be submitted and approved by Council prior to the issue of an Occupation Certificate for the serviced apartments. The Plan of Management must address the following: (a) A schedule providing proof of compliance with the definition of ‘serviced

apartment’ as outlined above. (b) Nominate proposed maximum period of stay of guest; (c) Measures to ensure that guest numbers do not exceed those proposed; (d) Measures to minimise unreasonable impact to the habitable areas of adjoining

premises; (e) Proposed staffing arrangements, including location and contact details of the

site manager or resident caretaker; (f) Proposed security measures to restrict unauthorised after hours access to the

building (e.g. intercom system, mechanical locking devices, building management system, card access, or digital detection and evidence-capture);

(g) Proposed house rules (e.g. guest behaviour, activities and noise, consumption of alcohol, visitor policy);

(h) Proposed waste minimisation management, storage and collection procedures. 11. Prior to the issuing of an Occupation Certificate, Council's Environmental Health and

Compliance Team must be advised in writing of the business name, address, owner or company name, 24 hour contact details for the site manager, and the number of occupants approved for the premises. A caretaker/manager must be contactable 24 hours a day.

12. All recommendations outlined in the geotechnical investigations submitted to Council on 15 September 2015 (Report No. 19512/4363C) prepared by SMEC Testing Services Pty Ltd must be undertaken, including: 12.1. A soil sampling program will be required prior to any bulk excavation works

occurring in order to classify the soils of the site for off-site disposal purposes. 12.2. The asbestos-based materials must be removed by an appropriately licensed

contractor and in accordance with Workcover NSW regulations. 13. All materials must be stored wholly within the property boundaries and must not be

placed on the footway or roadway. 14. All building operations for the erection or alteration of new buildings must be

restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

15. All building construction work must comply with the National Construction Code. Structural Engineer’s details being approved by the Principal Certifying Authority for all concrete footings, slabs, retaining walls and structural steel prior to building work



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reaching each respective stage. The details must be prepared by a suitably qualified (eg. Bachelor of Engineering) practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate.

16. Under clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. In this condition: a) relevant BASIX Certificate means:

i) a BASIX Certificate that was applicable to the development when this development consent was granted (or, if the development consent is modified under section 96 of the Act, A BASIX Certificate that is applicable to the development when this development consent is modified); or

ii) if a replacement BASIX Certificate accompanies any subsequent application for a construction certificate, the replacement BASIX Certificate; and

b) BASIX Certificate has the meaning given to that term in the Environmental Planning and Assessment Regulation 2000."


LANDSCAPING REQUIREMENTS 18. The landscaping must be carried out in accordance with the landscape plans prepared

by (Drawing no DA-L101, DA-L102 and DA-L103, Drawn by Canvas Landscape Architects and submitted to council on 15th September 2014).

19. All the tree supply stocks shall comply with the guidance given in the publication Specifying Trees: a guide to assessment of tree quality by Ross Clark (NATSPEC, 2003).

20. All scheduled plant stock shall be pre-ordered 3 months prior to the commence of landscape construction works for the supply to the site on time for installation. Written confirmation of the order shall be provided to Council’s Landscape Architect (Contact no: 9789 9438), prior to issue of any Construction Certificate. In addition to the details in the above table, the order confirmation shall include name, address and contact details of supplier; and expected supply date.

ROADS AND MARITIME SERVICES REQUIREMENTS 21. All ingress and egress to the site shall be by left in/left out vehicular movements only.

A raised concrete triangular island shall be constructed within the access driveway to channelise these vehicular movements and restrict right turn movements into and out of the site. The triangular island shall be designed so that the largest vehicle accessing the site can enter and leave from the kerbside lane and does not cross the triangular island or to the other side of the access driveway. A swept path plan is to be submitted to Council and Roads and Maritime for approval which shows that the development meets this requirement.

22. The design and construction of the driveway and gutter crossing off the New Canterbury Road shall be in accordance with AS2890.1 - 2004 and the Roads and Maritime's requirements. Details of these requirements could be obtained from the Roads and Maritime's Project Services Manager, Statewide Delivery Section, Parramatta Ph: 88492138. A certified copy of the design plans shall be submitted to



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Roads and Maritime for consideration and approval prior to the release of any construction certificate by Council and commencement of road works. Roads and Maritime fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the commencement of the works.

23. Any redundant driveways along the site's New Canterbury Road frontage are to be removed and replaced with kerb and gutter to match existing.

24. A Road Occupancy Licence should be obtained from Transport Management Centre for any works that may impact on traffic flows on New Canterbury Road during construction activities.

25. The layout of the proposed car parking areas associated with the subject development (including. Driveways. Grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1- 2004 and AS2890.2 - 2002.

26. Detailed design plans and hydraulic calculations of any changes to the Canterbury Road stormwater drainage system are to be submitted to Roads and Maritime for approval, prior to the commencement of any works. Details should be forwarded to:

The Sydney Asset Management Roads and Maritime Services PO Box 973 Parramatta CBD 2124

A plan checking fee will be payable and a performance bond may be required before Roads and Maritime approval is issued. With regard to the Civil Works requirement please contact the Roads and Maritime Project Engineer. External Works Ph: 88492114 or Fax: 8849 2766.

27. The developer is to submit design drawings and documents relating to the excavation of the site and support structures to Roads and Maritime for assessment, in accordance with Technical Direction GTD2012/12/001. The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the assessment by Roads and Maritime. The report and any enquiries should be forwarded to:

Project Engineer, External Works Sydney Asset Management Roads and Maritime Services PO Box 973 Parramatta CBD 2124. Telephone 8849 2114 Fax 8849 2766

If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) days notice of the intention to excavate below the base of the fittings. The notice is to include complete details of the work.

28. The development must be designed such that road traffic noise from New Canterbury Road is mitigated by durable materials in order to satisfy the requirements for habitable rooms under Clause 102 (3) of State Environmental Planning Policy (Infrastructure) 2007.

29. All works associated with the proposed development shall be at no cost to the Roads and Maritime Services.

30. All construction activity associated with the proposed development is to be contained on site as no construction zones will be permitted on New Canterbury Road in the vicinity of the site.

STORMWATER DRAINAGE



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31. That the stormwater system be constructed in general, in accordance with the plans, specifications and details received by Council on 15th September 2014, drawing numbers, C01 to C06; prepared by Engineering Studio Civil and Structural and as amended by the following condition.

32. The site drainage shall be designed to drain under gravity. As the site falls to the rear an easement for drainage over downstream properties will be required to be created. Satisfactory written documentation of the creation of an easement or of a legal agreement to create an easement shall be submitted to Council prior to the issue of a Construction Certificate.


34. All downpipes, pits and drainage pipes shall be installed to ensure that stormwater is conveyed from the site and into Council’s stormwater system in accordance with AUS-SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and Council’s DCP 2012, Part 6.4.

35. Full width grated drains being provided across the vehicular entrance/exit to the site where internal areas drain towards the street, and be connected to the drainage system upstream of the silt arrestor pit and in accordance with Clause 4 of Council’s DCP 2012, Part 6.4.

36. OSD is required; three (3) copies of plans and calculations must be submitted prior to the issue of Construction Certificate to the Principal Certifying Authority PCA and Canterbury City Council, if Council is not the PCA. The plans must be prepared by a practicing Civil Engineer and include levels reduced to Australian Height Datum (AHD) and full details of the hydraulic evaluation of the entire stormwater drainage system. The details shall be prepared in accordance with Council’s DCP 2012, Part 6.4.

37. A Works-as-Executed plan must be submitted to Canterbury City Council at the completion of the works, the plan must clearly illustrated dimensions and details of the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. A construction compliance certification must be provided prior to the issuing of the Occupation Certificate to verify, that the constructed stormwater system and associate works has been carried out in accordance with the approved plan(s), relevant codes and standards. The required certification must be issued by an accredited professional in accordance with the accreditation scheme of the Building Professional Board issued 1st March 2010. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in Councils DCP 2012, Part 6.4.

38. Prior to the issue of a Construction Certificate a Geotechnical/Civil Engineering report must be prepared which addresses (but is not limited to) the following: (a) The type and extent of substrata formations by the provision of a minimum of

four (4) representative bore hole logs which are to provide a full description of all material from ground surface to 1.0m below the finished basement floor level and include the location and description of any anomalies encountered in the profile. The surface and depth of the bore hole logs shall be related to Australian Height Datum;

(b) The appropriate means of excavation/shoring in light of point (a) above and proximity to adjacent property and structures. Potential vibration caused by the



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method of excavation and potential settlements affecting nearby footings/foundations/buildings shall be discussed and ameliorated;

(c) The proposed method to temporarily and permanently support the excavation for the basement adjacent to adjoining property, structures and road reserve if nearby (full support to be provided within the subject site);

(d) The existing groundwater levels in relation to the basement structure, where influenced;

(e) Recommendations to allow the satisfactory implementation of the works. An implementation program is to be prepared along with a suitable monitoring program (as required) including control levels for vibration, shoring support, ground level and groundwater level movements during construction. The implementation program is to nominate suitable hold points at the various stages of the works for verification of the design intent before sign-off and before proceeding with subsequent stages.

The geotechnical report must be prepared by a consulting geotechnical/ hydrogeological engineer with previous experience in such investigations and reporting and be provided to the Principal Certifying Authority.

39. A full width heavy duty vehicular crossing shall be provided at the vehicular entrance to the site, with a maximum width of 5 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

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

41. The levels of the street alignment are to be obtained by payment of the appropriate fee to Council. These levels are to be incorporated into the designs of the internal pavements, carparks, landscaping and stormwater drainage. Evidence must be provided that these levels have been adopted in the design. As a site inspection and survey by Council is required to obtain the necessary information, payment is required at least 14 days prior to the levels being required.

42. Driveways, parking and service areas are to be constructed or repaired in accordance with the appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.

43. The vehicular access and parking facility shall be in accordance with Australian Standard AS 2890.1"Off-street Parking Part 1 - Carparking Facilities". In this regard the submitted plans do not comply with the pedestrian sight distance required by the Standard. An appropriate alternative solution must be provided by a suitably qualified engineer to resolve this issue.

44. All redundant vehicular crossings shall be replaced with kerb and the footpath reserve made good by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

45. The reconstruction of the kerb and gutter along all areas of the site fronting New Canterbury Road is required. Work to be carried out by Council or an approved



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contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

46. The reconstruction of concrete footpath paving and associated works along all areas of the site fronting New Canterbury Road. Work being carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.


ACOUSTICS 48. Carry out all recommendations in the acoustic report prepared by SLR Global

Environmental Solutions, dated 18 June 2014, submitted to Council on 15 September 2014 to achieve compliance with the acoustic levels outlined in Clause 102 of State Environmental Planning Policy (Infrastructure) 2007.

DILAPIDATION & EXCAVATION 49. Any person causing excavation below the level of the base of footings on an adjoining

allotment of land must, at their own expense (L.G. Approvals Reg, Clause 34): (a) preserve and protect the building from damage; and (b) if necessary, underpin and support the building in an approved manner; and (c) give notice of intention to do so to the owner of the adjoining allotment of

land and furnish particulars to the owner of the proposed work at least 7 days in advance of the excavation.

Submit Structural Engineer’s details for all retaining walls to the Principal Certifying Authority and obtain a Construction Certificate before construction of same. The details must be prepared by a qualified practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attached).

50. All precautions must be taken to prevent any damage likely to be sustained to adjoining properties. Adjoining owner property rights must be observed at all times. Where damage occurs to adjoining property, all necessary repair or suitable agreement for such repairs are to be undertaken by the applicant in consultation with, and with the consent of, the affected property owner prior to the issue of an Occupation Certificate.

51. The applicant shall prepare a Dilapidation Report/photographic survey prepared by an appropriately qualified consultant for adjoining properties at: 636-638 New Canterbury Road, Hurlstone Park; 628 New Canterbury Road, Hurlstone Park; and 1 Fernhill Street, Hurlstone Park detailing the physical condition of each property, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items, shall be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate. On completion of the excavation and building works and prior to the issue of an Occupation Certificate, a certificate from an appropriately qualified engineer stating to the effect that no damage has resulted to adjoining properties is to be submitted to the Principal Certifying Authority. If damage is identified which is considered to require rectification, the damage shall be rectified or a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as practical and prior to occupation of the development. All costs associated in achieving compliance with this condition shall be borne by the person entitled to act on this consent.



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DISABILITY ACCESS 52. The development must be constructed to comply with the Commonwealth Disability

(Access to Premises – Buildings) Standard 2010. CONSOLIDATION OF LOTS 53. The site being consolidated into one allotment. The plan of consolidation being

lodged and registered with the Land and Property Information NSW prior to the release of the Occupation Certificate or occupation of the building.

CRIME PREVENTION & COMMUNITY SAFETY 54. The site is to be treated with anti-graffiti paint to deter graffiti offenders targeting the

building and its perimeter. This will preserve the building and increase a sense of maintenance and ownership of the site.

55. All access points to the building (this would include lifts and stairwells) should be restricted to residents only through a security system. Visitors to the residential complex should be provided with access via the intercom.

56. The storage units located in the vicinity of the car spaces be fully enclosed and non-visible. This measure will deter potential offenders from breaking in as they are unable to see what contents (reward) is inside the storage unit.

57. In addition to existing lighting, sensor spot lights be strategically placed in high pedestrian areas to increase natural surveillance and enhance feelings of personal safety.

58. Mirrors are to be strategically erected around the site to assist with blind corners and increase natural surveillance.



CRITICAL INSPECTIONS 60. The following critical inspections must be carried out:

Class 2, 3 or 4 Buildings 60.1. at the commencement of the building work, and 60.2. prior to covering of waterproofing in any wet areas, for a minimum of 10% of

rooms with wet areas within the building, and 60.3. prior to covering any stormwater drainage connections, and 60.4. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Class 5, 6, 7, 8 or 9 Buildings 60.5. at the commencement of the building work, and 60.6. prior to covering any stormwater drainage connections, and 60.7. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. 61. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a



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development consent, if not carrying out the work as an owner-builder, must notify the principal contractor for the building work of any critical stage inspections and other inspections that are to be carried out in respect of the building work, as nominated in this development consent. To arrange an inspection by Council please phone 9789-9300 during normal office hours.


Certifying Authority before partial/entire occupation of the development. 63. Prior to the issue of an Occupation Certificate, under the Boarding Houses Act 2012,

Boarding House proprietors are required to register their boarding house with NSW Fair Trading. Failure to do so is an offence and action may be taken.

WE ALSO ADVISE: 64. The use of proactive security such as CCTV cameras is encouraged. This measure will

ensure that the site is monitored at all times. 65. Directional signage is to be provided throughout the development. The signage should

be clear, legible and useful, to aid people in finding their way throughout the area. 66. This application has been assessed in accordance with the National Construction Code. 67. You should contact Sydney Water prior to carrying out any work to ascertain if


to submit Compliance Certificates in respect of the following: Structural engineering work Air handling systems Protection from termites Fire safety Waterproofing Glazing Survey drainage BASIX completion




72. Compliance with the National Construction Code does not guarantee protection from prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800 021 199.

73. Our decision was made after consideration of the matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.



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Planning and Assessment Act 1979. A request for review must be made and determined within 6 months of the date of the receipt of this Notice of Determination.; or



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WEST WARD

5 1408-1410 CANTERBURY ROAD, PUNCHBOWL: DEMOLITION, CONSTRUCTION OF SIX STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING

FILE NO: 150/1408D PT1 & 2


WARD: WEST

D/A No: DA-581/2013

Applicant:

Owner:

Mackenzie Architects International

Mr Bilal El Samman

Zoning: B5 – Business Development under Canterbury Local Environmental Plan 2012

Application Date: 20 December 2013; with additional information submitted to Council on 20 May 2014, 29 May 2014, and 3 December 2014

Summary:

This application seeks our consent for demolition of all existing structures and construction of a six storey mixed use development comprising 31 residential apartments, one commercial tenancy and two levels of basement car parking for 49 vehicles.


The application has been assessed against the relevant environmental planning instruments and development control plan. The proposal fails to comply with the relevant controls relating to lot amalgamation, minimum site width, building separation, minimum internal dwelling design requirements, vehicular access, car parking, solar access and waste management. These issues of non-compliance are discussed in the body of this report.

In accordance with our notification policy, all owners and occupiers of adjoining and affected properties were notified of the proposed development on two occasions. During this period, seven submissions were received within the first notification period and a further three submissions were received in the second phase of notification. The issues raised have been addressed and are discussed in greater detail in the body of this report.





1408-1410 CANTERBURY ROAD, PUNCHBOWL: DEMOLITION, CONSTRUCTION OF SIX STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT WITH BASEMENT PARKING (CONT.)

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Report:

Site Details The subject site comprises two allotments and is legally identified as being Lots 2 and 3 in DP 12350, 1408-1410 Canterbury Road, Punchbowl. The site is located on the southern side of Canterbury Road, approximately 85 metres from the intersection of Canterbury Road and Victoria Road, Punchbowl. It is irregular in shape and has an overall frontage of 22.25 metres to Canterbury Road, a depth of 57.03 metres along the site’s western side boundary, a depth of 58.99 metres along the eastern side boundary and a total site area of 1,289.69m2. The subject land is relatively flat with a moderate cross-fall from the south-eastern boundary of the site (RL 22.759) to Canterbury Road (RL21.7), being a fall of 1.059 metres across the site. Each allotment is currently occupied by a single storey fibro dwelling with metal roof. Vehicular access to each allotment is provided via an existing driveway situated along the western boundaries of each property. Immediately adjoining the site to the east and west is, respectively, 1406 and 1412 Canterbury Road, Punchbowl. Both adjoining properties are occupied by single storey fibro dwellings with metal roofs. 19 Augusta Street, Punchbowl, adjoins the subject site to the rear (south). This property comprises a two-storey multi-dwelling housing development. The immediate and wider surrounding locality comprises various types of low to medium scale residential dwellings and a variety of retail, commercial and warehouse land uses fronting Canterbury Road. All land to the rear of the site is zoned R3 Medium Density Residential under Canterbury Local Environmental Plan 2012.




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Proposal The proposal involves the demolition of existing dwellings and associated structures and construction of a six storey mixed use development comprising 31 residential apartments, one commercial tenancy and two levels of basement car parking accommodating 49 vehicles. The dwelling mix of the development comprises of eight x one bedroom units and 23 x two bedroom units. Statutory Considerations When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans, codes and policies are relevant: Canterbury Local Environmental Plan 2012 (CLEP 2012) State Environmental Planning Policy 55 – Contaminated Land (SEPP 55) State Environmental Planning Policy 65 – Design Quality of Residential Flat

Development (SEPP 65) State Environmental Planning Policy (Infrastructure) 2007 (SEPP 2007) State Environmental Planning Policy 2004 (Building Sustainability Index: BASIX) Canterbury Development Control Plan 2012 (CDCP 2012) Assessment The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge: Canterbury Local Environmental Plan 2012 (CLEP 2012)

This site is zoned B5- Business Development under CLEP 2012. The controls applicable to this application are:

Standard Requirement Proposal Complies Zoning B5 – Business

Development The proposed development is located on a ‘key site’, defined as a ‘mixed use development with shop-top housing and commercial uses’ and is permissible with consent.

Yes

FSR N/A 2.84:1 Yes Building height 18m 18m Yes

The proposed development is consistent with the relevant zoning and provisions of CLEP 2012.

State Environmental Planning Policy 55 – Contaminated Land (SEPP 55)

The accompanying geotechnical investigation prepared by JK Geotechnics (Reference No. 27019Vrpt-Punchbowl, Revision No. 0, Dated: 28 November 2013 and received by Council on 20 December 2013) concludes that the site can be made suitable for the proposed development. This satisfies the requirements of SEPP 55. Should the application be approved, a condition of consent must be included as part of the consent referring to the implantation of the recommendations outlined within this report.



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State Environmental Planning Policy 65 - Design Quality of Residential Flat Development (SEPP 65) This policy applies to residential flat buildings of three or more storeys and is required to be considered when assessing this application. SEPP 65 aims to improve the design quality of residential flat buildings across NSW and provides an assessment framework, the Residential Flat Design Code (RFDC), for assessing ‘good design’. Clause 50(1A) of the Environmental Planning and Assessment Regulation 2000 requires the submission of a design verification statement from the building designer at lodgment of the development application. In addition, SEPP 65 requires the assessment of any DA for residential flat development against ten principles contained in Clauses 9 to 18 and we are required to consider the matters contained in the RFDC. Context The mixed-use development is consistent with the future character of the area and is a permissible use within the zone. Higher density mixed use development will be a characteristic of the area. However, the proposed development is situated on a lot that is only 22.25m wide and does not include any side setbacks which provides no separation from future developments on either side. This will pave the way for future neighbouring developments to also provide no side setbacks creating a tunnelling affect in terms of streetscape and poor amenity for future residents with minimal opportunities for direct solar access and ventilation, increasing dependence on light wells within the development which will only provide a substandard level of amenity. Further to this, we have not received any additional information associated with the overshadowing of the neighbouring buildings to the rear corresponding with the amended architectural plans which increase the rear setbacks. As such, based on the information at hand the development is likely to create unreasonable overshadowing impacts upon the adjoining southern (rear) property. Thus, the subject design is not considered to be suitable given the existing site context. Scale The proposal is in keeping with all relevant numerical standards and objectives outlined in CLEP 2012. The development however will create an undesirable precedent with no side setbacks/building separation and minimal visual relief when viewed from the front and rear of the site. The proposed front portion of the development will create a ‘street wall’ presentation to Canterbury Road which is consistent with CDCP 2012 with regard to B2 – Local Centre zones. The subject site is not zoned B2 – Local Business. Further, the scale of the rear portion given potential overshadowing of the site is considered to be excessive.



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Built Form The mixed use nature of the proposal is appropriate in context with the future objectives of the zone and desired future character of the locality. The front portion of the proposal achieves a built form that will contribute positively to the streetscape and generally provides good amenity for residents in the short term. However, when neighbouring sites too are redeveloped, similarly with no side setbacks, the development trend will allow minimal direct light and ventilation to penetrate the central area of these developments. As such the built form is considered to be inadequate. Density The site is zoned B5 Business Development under CLEP 2012 and is capable of sustaining an increased density. However the design of the proposed development is not consistent with the desired future character for the locality. Resource, Energy and Water Efficiency Beyond the energy and resource commitments required from the application’s BASIX Certificate, the RFDC requires additional energy efficiency commitments which are mainly focused on cross-ventilation and solar access. The RFDC requires that 60% of the units be cross ventilated. The plans submitted demonstrate that 60% of the units will be cross ventilated. In addition, the RFDC requires that 70% of units receive direct solar access to their living spaces. Shadow diagrams indicate that 16 units at the northern block of units and potentially the top two floors of the rear (southern) block (3 units) of the total number (31) of units will receive 2 hours sunlight between 9am and 3pm in mid-winter, which equates to 61% and does not comply with the rules of thumb in this regard. The RFDC suggests as a “Rule of Thumb” that no more than 10% of dwellings (equivalent for this DA to three dwellings) have a single southerly aspect. None of the proposed units has a single southerly aspect. Landscape The landscape plan has been reviewed by our landscape architect and generally satisfies the requirements of CDCP 2012. Amenity The proposed development will provide a reasonable level of amenity for future occupants of the development at this time, before neighouring sites are developed. Should the neighbouring sites also be redeveloped to a similar scale the lack of building separation from the side elevations will diminish solar access and ventilation to many of the apartments. The development is also likely to create adverse overshadowing impacts upon adjoining and surrounding properties and restrict the full development potential of the adjoining east and western properties.



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In this regard, the proposed design is not considered to be suitable and should be redesigned so that the amenity of adjoining properties is not affected and adjoining eastern and western properties are capable of accommodating well designed and high end finished shop-top housing developments in accordance with the objectives and requirements of relevant State and local environmental planning policies. Safety and Security The applicant has considered Crime Prevention Through Environmental Design (CPTED) principles as outlined in CDCP 2012 in the design of the project. The proposal provides increased activation and passive surveillance of the surrounding streets and private open space areas on the site. Residential entry and lobby areas are to be secured and well lit. Social Dimensions and Housing Affordability The mixed use development will add to the range of dwelling size options and optimise the provision of housing to suit social mix. This aims to address the issue of affordability and is expected to meet existing and anticipated housing demand into the future. Aesthetics Although the building has a suitable palette of finishes and the design will satisfactorily relate to the Canterbury Road frontage, the proposal is not considered to be suitable as it is inconsistent with the provisions of CDCP 2012. It should therefore be redesigned to comply with all relevant controls relating to site width, building separations, vehicular access, car parking, solar access and waste management.

State Environmental Planning Policy (Infrastructure) 2007 (SEPP 2007)

State Environmental Planning Policy (Infrastructure) 2007 aims to facilitate the effective delivery of infrastructure, including providing appropriate consultation with relevant public authorities about certain development during the assessment process. The subject site is located on Canterbury Road which is a classified road for the purposes of the SEPP. In accordance with Clause 104 of the State Environmental Planning Policy (Infrastructure) 2007, the proposed development falls under the requirements of Schedule 3 of the SEPP and requires referral to Roads and Maritime Services (RMS). The development application was referred to the RMS, in accordance with Clause 104 of the SEPP, and no objections were raised to the proposed development subject to conditions being imposed on any development consent issued. Clause 102 of the SEPP states that a consent authority must consider likely impacts from road noise and vibration for development adjacent to certain road corridors. In particular, the SEPP requires that for the purposes of a residential use, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:



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

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

The application has been accompanied by an Acoustic Report (prepared by Vipac Lanscon Pty Limited, Report No. 20C-11-0098-TRP-463732-2 and Dated: December 2013) which details various measures that are to be incorporated in the construction of the building to ensure compliance with the above requirements and safeguard the amenity of future occupants of the development. Should the application be approved, an appropriate condition must be included in the recommendation requiring the development to be constructed in accordance with the recommendations in this report. The proposed development therefore meets the requirements of State Environmental Planning Policy (Infrastructure) 2007. Where required, relevant conditions will need to be imposed on any development consent issued.

State Environmental Planning Policy 2004 – (Building Sustainability Index:

BASIX) BASIX Certificate No.519197M_02 accompanies this application. The Certificate makes a number of energy and resource commitments in regard to landscaping, provision of a 5 star instantaneous hot water gas system for each unit, specific toilet and kitchen fittings, natural lighting and thermal comfort. These commitments have been shown on the DA plans, and satisfy the requirements of the SEPP.


The proposed development has been compared to the requirements of CDCP 2012 as follows:



Development of the subject site will leave one B5zoned site to redevelop with B2 zoned land.

Yes

Building Height


3.2m No - conditioned


Min 2.7m Yes


Min. 2.8m Yes

Building Depth


Min. 11.8m-17m Yes



Yes

Building Setbacks

1-4 storeys – 3m from street 1-4 storeys -3m Yes

> 4 storeys – 5m from street 8m Yes



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Standard Requirement Proposed Complies Establish 45 degree height plane from projected m from residential zone boundary and two storey height limit applies

Some minor elements projecting into the 45 degree height plane, three storey height at the rear of the building achieved within height plane with increased rear setback .


Building Separation

Habitable room/balcony to habitable room/balcony:- 6m up to 3 storeys 12m 4th storey 18m storeys 5th to 8th storey Habitable room/balcony to non-habitable: 4m up to 3 storeys 9m 4th storey 13m 5th-8th storey Non-habitable to non-habitable 3m up to 3 storeys 6m 4th storey 9m 5th to 8th storey

10.8m – 12m (within devt) 10.8m – 12m (within devt) 10.8m – 12m (within devt) 9.6m (within devt) 9.6m (within devt) 9.6m (within devt) 0m (side setback) 0m (side setback) 0m (side setback)

Yes No No Yes Yes No No No No – see comments below



Viable commercial tenancy is to be provided at the ground floor level

Yes

Car and Bicycle Parking

Residential 1 space per 1 bedroom dwelling/studio (7 spaces) 1.2 spaces per 2 bedroom dwelling, with the 0.2 to remain as common property (28 spaces) 2 spaces per 3 bedroom dwelling (2 spaces) 1 car wash bay 1 space per 5 dwellings for visitor parking (6 spaces) Commercial 1 space/40m2 plus 1 courier car space (4 spaces, including the courier car space) Total: 48 spaces, comprising of 44 residential spaces (including car wash bay) and 4 commercial spaces (including courier car parking space)

A total of 49 car parking spaces are proposed to be provided on-site within the development’s two basement levels. Although the proposal complies with the overall numerical requirement of Council’s car parking controls, 12 of those spaces are provided as tandem spaces which may not be accessible at all times, effectively giving access to only 37 spaces. Thus, the allocation of 2 spaces to some of the 2 bedroom units is not acceptable, particularly as each 2 bedroom unit is required to be allocated 1.2 spaces with 0.2 remaining as common property. The proposal also seeks to provide a total of seven (7) small residential car parking spaces.




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Standard Requirement Proposed Complies Bicycle Parking 1 space per 5 dwellings (residents) – 6 spaces required 1 space per 10 dwellings (visitor) – 3 spaces required 1 bicycle space for commercial component Total: 10 bicycle spaces

A total of 16 bicycle spaces are proposed to be provided within the development’s first basement level.

Yes

Design Controls

Clearly identifiable entries. Provide main common entry.


Yes



Yes



Yes

Façades – New 3-5 storey buildings



Yes

Cantilevered Awning


3.45m Yes

Width of 3m 3m Yes Articulation Buildings should generally have

a base and upper elements Building has base and upper levels Yes

The design of the façade, including the quality and durability of its materials, should be emphasised.


Yes

The ‘façade’ should have a strong sense of verticality, emphasised on the ground floor by modulation at intervals of 6-8 metres with some variation. Modulation above the ground floor may take the form of party walls, small bays, as well as variations in materials and colours.


Yes



Yes


No blank walls face Canterbury Road

Yes



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Standard Requirement Proposed Complies Balconies should be used in moderation and be integrated into the overall composition of the façade.


Yes



Yes


Roof design is consistent with the desired built form of the area

Yes


Roof structure takes advantage of the northerly aspect to provide maximum solar access

Yes




Yes



Yes


Should the application be approved, this can be imposed as a condition of consent.

Yes




Mailboxes to be provided within lobby, adjacent to the development’s ground floor commercial tenancy and accessed via Canterbury Road.

Yes

Performance Controls Visual Privacy Locate and orientate new

developments to maximise visual privacy between buildings

Design has adequately addressed visual privacy issue through window placements, sufficient front and rear building setbacks and the provision of no balconies along the rear southern elevation.

Yes

Balconies Primary 8m2 balconies for 1 bedroom dwellings and 12m2 for 2 & 3 bedroom dwellings

Balconies to provide the minimum private open space requirements.

Yes


Articulation and building design elements incorporated to provide relief to balconies.

Yes



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Standard Requirement Proposed Complies Primary balconies to be located adjacent to main living areas.


Yes



Yes



Yes


Balconies on the northern elevation of the southern building will receive minimal solar access given the presence of another five storey building within 9.6m.

No

Communal Area: Min. 10% of site area as communal open space (Required 129m2)

204m2 Yes



Interiors designed to accommodate furniture typical for the purpose of each room

Yes


Some one bedroom units include rooms with width of 3m.



Minimum 3m Yes

Storage Minimum 6m3 for one bedroom dwellings, 8m3 for two bedroom dwellings and 10m3 for three or more bedroom dwellings

Minimum 6m3 for one bedroom dwellings, 8m3 for two bedroom dwellings and 10m3 for proposed three bedroom dwelling. To be reinforced via condition should the application be approved.

Yes

Housing Choice

Provide 10% of residential units, in each building with more than 30 units, as adaptable and accessible apartments.

5 (16%) adaptable/accessible units are to be provided.

Yes



The building and dwellings are orientated towards Canterbury Road

Yes



Yes



Yes

Access Control



Yes



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Standard Requirement Proposed Complies Install intercom, code or card locks or similar to main entries to buildings, including car parks.

Intercoms and controlled access measures to be installed at building entry point, including basement car park. This is to be reinforced as a condition of consent should the application be approved.

Yes



Yes



Yes



Solar access maximised through northern orientation of balconies – however rear building is likely to be in shadow of the building to the front of the site.

No

Design and site the building to avoid casting shadows onto neighbouring buildings, outdoor space and solar cells on the site and on adjoining land.

The shadow diagrams submitted with the application show that the development may cast unreasonable shadows upon the rear adjoining property, being 19 Augusta Street, Punchbowl. Sufficient information has not been submitted demonstrating that the living room windows of the existing multi-dwelling housing development at 19 Augusta Street will receive a minimum 2 hours of sunlight between 9am and 3pm on 21 June.



Design allows for natural ventilation and incorporates passive solar design techniques however many of these features are muted by efforts to achieve privacy through opaque fixed windows, screening and the like.

No


Adequate clothes drying facilities can be provided – via condition should the application be approved.

Yes - conditioned

Internal layout Configure the building to maximise solar access to rooms that are occupied during the day (such as living areas, offices, waiting rooms and lunchrooms). Locate service areas to the south and west of the building.

Building configured to receive solar access with current development on neighbouring sites remaining unchanged. The building at the rear will be in shadow most of the time despite the living rooms windows northerly orientation due to shadow cast by building at the front of the site.

No



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Placement of windows on the northern side has been incorporated into the design however, the front portion of the development will not allow solar acces sto those windows of the rear block.

Yes


Use insulation in the roof, ceiling, walls and floors to deflect heat and prevent the building from heating up in summer, and to contain heat and prevent the building from cooling down in winter, as follows: - Roof: minimum 2.0 R-value - Wall: minimum 1.0 R-value - Floor: minimum 1.0 R-value

This has been addressed in the BASIX Certificate.

Yes



Shadow diagrams indicate that 16 units at the northern block of units and potentially the top two floors of the rear (southern) block (3 units) of the total number (31) of units will receive 2 hours sunlight between 9am and 3pm in mid-winter, which equates to 61%.

No


Proposal does not demonstrate compliance with this requirement.

No


Natural cross ventilation is provided to more than 60% of dwellings and to 25% of kitchens

Yes

As demonstrated in the above table, the proposed development does not comply with a number of the provisions of DCP 2012. Site Amalgamation and Minimum Frontage The subject site provides an overall site frontage of only 22.25 metres. This relatively small width of the site has limited the design from complying with the relevant building separation, solar access, and car parking controls of CDCP 2012 and the building separation, and built form related requirements of SEPP 65.



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An amalgamation with a neighbouring site is required to increase the site frontage and provide a development that achieves full development potential of the land, a good level of internal amenity, efficient on-site car parking and manoeuvring areas, desirable building outcomes and compliance with all relevant environmental planning instruments and CDCP 2012. Larger frontages also assist in reducing the number of vehicular access points to Canterbury Road. This is particularly relevant given Council’s recent resolution to discourage direct access to Canterbury Road. No evidence has been provided by the applicant to demonstrate that amalgamation with the adjoining western property has been attempted. Rather, the applicant has provided the following submission:

“The subject site is not included in an amalgamation plan under Part 3.1.2 of the Canterbury DCP. It is noted that the adjoining site 1412 – 1416 Canterbury Road is under single ownership and the amalgamation with this property is not practical….The access to the subject site from Canterbury Road is acceptable. The development application was referred to the RMS with the RMS providing advice raising no objection to the development application, including access from Canterbury Road…”

The subject site forms only two of 31 properties along that part of the Canterbury Road corridor that has a zoning of B5 extending from 1412 Canterbury Road to Christian Road. Properties to the east of the development are not as deep as the subject site however; the DCP does not stipulate a minimum area or depth for these developments. If the subject development is approved with the current width, it will set precedence for this section of the Canterbury Road corridor upon redevelopment resulting in a continuous built form that extends from Victoria Road to Christian Road with little to no building separation to allow adequate solar access to the residential zoned land to the south. The subject site has a greater depth compared to other properties further to the east and could provide better built form with the provision of building separation from the sides across the rear portion of the site.



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Building Separation The DCP requires a building separation between habitable and non-habitable rooms of developments on the same site and adjoining sites that is in line with the ‘rules of thumb’ stipulated by SEPP 65. The objective of this control is to ‘promote improved levels of residential amenity in new development, and preserves reasonable sunlight, privacy and general amenity for residents of existing dwellings’. The development proposes nil side setbacks for both front and rear blocks, while also failing to comply with the numerical controls within the development between the proposed buildings.

Aerial view of existing development

Currently, the subject site is adjoined to both the east and west by single storey fibro dwellings. As the subject site and adjoining allotments are zoned B5 Business Development under CLEP 2012, 18 metre high mixed use developments are permitted within the zone. Given the poor state of the existing dwellings located on 1404-1406 and 1412 Canterbury Road, it is likely that these properties will be redeveloped in future to accommodate a mixed-use development similar to the one proposed. On this basis, it is imperative that the subject site provide sufficient spacing proportions and comply with the requirements of CDCP 2012 so that the subject development and future developments on adjoining properties are capable of accommodating developments that can receive adequate levels of solar access, provide a high level of internal amenity and a building bulk and scale that is consistent with the existing site context. Part 3 Building Amenity – Daylight Access of the Residential Flat Design Code states

“…limit the use of lightwells as a source of daylight by prohibiting their use as the primary source of daylight in habitable rooms. Where they are used: orelate lightwell dimensions to building separation, for example, if non-habitable

rooms face into a light well under 12 metres high, the lightwell should measure 6 x 6 metres. Where small dimensions are proposed, satisfactory acoustic privacy, visual privacy and daylight access must be demonstrated.”



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The nil side setbacks allow for minimal solar penetration to the rear (southern) building within the site and to existing dwellings to the south of the site. The development is relying on solar access from the north-east for some solar access. However, if a street wall is also continued to the east of this development, as per the precedence that will be set by this development, the dwellings in the southern building will be relying on a light-well for solar access and ventilation to main living areas which is not considered to be a reasonable level of sunlight and general amenity and hence not in accordance with the objectives of the DCP. It is noted that Clause 3.1.8(vii) of CDCP 2012 which required side boundary setbacks of minimum 4.5 metres for the first three storeys and a side boundary setback of minimum 6 metres for the remaining four to six storeys has been amended to apply to ‘straight residential development’ only and is therefore not applied to this application which would rely on building separation requirements for such setback requirements. The subject proposal fails to meet the minimum building separation distances recommended by the RFDC as a minimum 18 metre building separation distance, between the two buildings proposed on-site, are not provided for the development’s fifth and sixth storeys. The proposal provides a minimum building separation distance of approximately 11 metres. The objective of the building separation provision is so that separation between buildings promotes improved levels of residential amenity in new development, and preserves reasonable sunlight, privacy and general amenity for all dwellings. The 10.8m - 12m building separation distance to be provided on the fifith and sixth storeys provides a shortfall of 7 metres or 39% of the minimum 18 metre building separation requirement. This shortfall is considered to be significant. As the proposal fails to meet the building separation objectives of the RFDC and Clause 3.1.9 of CDCP 2012, the proposal is not considered to be suitable. Thus, it is recommended the proposal not be supported in its current form. Internal Dwelling Design Clause 3.3.4 of CDCP 2012 requires each living area and principal bedroom have a minimum width of 3.5 metres and all secondary bedrooms provide a minimum width of 3 metres. This is so that adequate storage areas are provided for new dwellings and that each room is capable of accommodating the range of furniture typically required for the purpose of that room. The proposed development does not comply with these requirements as a minimum 3.5 metre width is not provided for some one bedroom units. In ensuring the proposal meets the objectives of Clause 3.3.4, each dwelling should be designed to comply with the minimum room dimensions of Clause 3.3.4 of CDCP 2012. Car Parking For the residential component of the development, Part 6.8 of CDCP 2012 requires the proposed development provide one car space per one bedroom dwelling, 1.2 spaces per two bedroom dwelling (with 0.2 to remain as common property), two spaces per three bedroom dwelling, one car wash bay and one space per five dwellings for visitor parking. For the commercial component of the development, CDCP 2012 requires one space per 40m2 of floor area plus one courier car space be provided on-site.



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In this regard, a total of 48 car parking spaces, comprising 32 residential parking spaces, five common residential parking spaces, six residential visitor car parking spaces, one car wash bay, three commercial parking spaces and one courier car space is required to be provided on-site. The subject application seeks to provide a total of 49 car parking spaces within two basement levels. Although the proposal complies with the overall numerical requirement of Council’s car parking controls, 12 of these spaces (car space No’s. 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26 and 27) are provided as tandem spaces which will result in these spaces not being available at all times, effectively giving access to only 37 spaces. Clause 6.8.14 of CDCP 2012 does not permit stacked car parking for residential use in mixed use developments. However, stacked parking may be acceptable in instances where the two stacked car parking spaces are allocated to the same unit. In this regard, the allocation of two spaces to some of the two bedroom units is not acceptable, particularly as each two bedroom unit is required to be allocated 1.2 spaces with 0.2 remaining as common property. Further to the above, the subject proposal also seeks to provide a total of seven small residential car parking spaces. This is not considered to be acceptable, particularly as the site is not located within an established town centre with a good level of access to public transport. The development’s parking spaces must be of regular dimension in accordance with the requirements of AS2890.1.2004 and an adequate quantum of car parking that is in accordance with the requirements of Part 6.8 of CDCP 2012 should be provided. Two levels of basement parking cannot adequately accommodate the required number of standard parking spaces which suggests that the current proposal is an overdevelopment of the site. Solar Access Part 6.2 of CDCP 2012 requires the subject development be designed in a manner so that all neighbouring properties receive “at least 2 hours of sunlight between 9am and 3pm on 21 June shall be retained for all existing indoor living areas and at least 50% of the principal portion of the existing private open space” and “clothes drying area on adjoining residential property receive a minimum 2 hours of sunlight on 21 June”. The shadow diagrams submitted with the application show that the proposed development will cast unreasonable shadows to the adjoining southern (rear) property, being 19 Augusta Street which is currently occupied by a multi-dwelling housing development. The submitted shadow diagrams fail to show the location and positioning of all living room windows currently provided along the northern side elevation of adjoining property 19 Augusta Street. The location of all adjoining property clotheslines is also not provided. As such, compliance with the requirements of Part 6.2 of CDCP 2012 has not been demonstrated and we are unable to determine whether the proposal is suitable and will have minimal amenity impacts upon the adjoining southern property. On this basis, the proposal is not considered to be suitable and worthy of support.



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Council’s Resolution of 28 August 2014 At its meeting on 28 August 2014, Council resolved that applications for development on Canterbury Road must consider the potential to construct a rear lane access off adjacent residential streets. This application does not comply with this. The applicant has provided commentary detailing the potential amalgamation of the neighbouring properties to the west which would enable rear lane access with the extension of Victoria Lane. However, the development of this site as proposed relies on access from Canterbury Road. Referrals

Traffic The development application, including the Traffic and Parking Assessment Report (prepared by Terraffic Pty Limited, Reference No. 13121 and Dated: 16 December 2013), was referred to our Traffic Section who advised that they are unable to support the proposal due to the following issues: - The number of parking spaces, whilst exceeding the overall requirements, are

not generally accessible. This reduces the available parking to provide a deficiency of four spaces.

- Access to space 22 needs to demonstrate that it is suitable for the proposed use. - The access to the storage units in the south eastern corner of level B1 is not to

be obstructed by bicycle parking. Due to the abovementioned car parking and vehicular access issues, the application is not considered to be suitable and worthy of support.

Waste Management

The development application and associated documentation, including the Waste Management Statement and Waste Management Plan were referred to our Waste Services Coordinator for comment. Waste Services reviewed the proposal and advised that they are unable to support the application as it fails to comply with all requirements outlined within Part 6.9 – Waste Management of CDCP 2012. In this regard, the waste storage and management facilities to be provided on-site are not suitable and will not adequately accommodate the waste storage needs of future residents.

Landscaping

The application was reviewed by our Landscape Architect who raised no objections to the proposal subject to conditions being imposed and included as part of the consent should the application be approved.

Development Engineer

The application was reviewed by our Development Engineer and no objections were raised to the proposal, subject to suitable conditions being imposed on any consent issued for the development.



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Notification The development application was notified to all adjoining owners and occupiers in accordance with Part 7- Notification of Development Applications of CDCP2012 on two occasions. A total of seven submissions were received upon the first notification of the development and three submissions were received. The issues raised in the submissions are discussed as follows: Concern was raised that the height, bulk and scale of the development is out of

character with the area Comment The proposed height complies with the requirements in CLEP 2012 and CDCP 2012 and is considered to be in keeping with the desired future character of the area. Whilst there are aspects of the proposal that are not supported, it can be expected that large developments may be approved in future that provide adequate visual relief in the streetscape of Canterbury Road and minimise impacts on neighbouring residents and future occupants of the development.

Concern was raised that the privacy of surrounding properties will be

compromised as a result of the proposed development, particularly to the existing dwellings situated on the adjoining eastern, southern and western properties Comment The proposed development provides adequate building separation and privacy control measures to the rear adjoining properties as no balconies are provided along the development’s southern elevation. All openings along this building elevation are windows of low-use rooms. Further to this, the proposal complies with the building height plane and rear building setback controls of CDCP 2012. With respect to the adjoining eastern and western properties, although the proposed development seeks to provide a nil side boundary setback for all six-storeys, no windows, doors or openings are to be provided along the development’s side elevations. As such, the proposed development is unlikely to create any considerable overlooking or privacy impacts for the adjoining and surrounding properties.

Concern was raised regarding the pollution and noise during construction

Comment It is acknowledged that there will be some disturbances to the surrounding area during the construction phase of the development. However, these would only be temporary. Should the application be approved, it is recommended conditions be imposed as part of the consent restricting the hours during which building works may take place and to ensure that a safety management plan is in operation during the construction phase of the development. This is to ensure that the level of disturbance is not unreasonable.



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Concern was raised that the proposed development will result in noise pollution Comment Should the application be approved, it is acknowledged that there will be more people utilizing the site in comparison to the existing development. However, it is expected that any noise generated by the future residents or workers of the development will have minimal impact on the amenity of surrounding properties.

Concern was raised that collection and disposal of the site’s waste bins will take

an extended length of time to complete due to the sheer number of bins, exposing the surrounding neighbourhood to excessive noise early in the morning and cause traffic delays due to waste trucks having to collect the site’s waste from the Canterbury Road frontage Comment As vehicular access to the site is provided solely from the Canterbury Road frontage and a service bay is unable to be accommodated on the ground floor level of the site (due to its limited 22.25 metre site width), collection of the site’s waste will need to take effect from Canterbury Road. Given that waste collection takes effect at approximately 5 a.m. on collection day, excessive traffic delays are unlikely to be created as it is not a peak traffic time. In relation to the issue of noise, this is inevitable as all waste disposal trucks emit some form of noise. As the development’s waste storage area would require servicing only once a week, it is unlikely that such noise will unreasonably affect the amenity of adjoining and surrounding properties.

Concern was raised that the development will result in increased traffic

Comment The capacity of Canterbury Road and surrounding streets from a traffic perspective has been considered in the formulation of CDCP 2012, which permits mixed-use developments like the one proposed through this application. Notwithstanding this, our Traffic Section has reviewed the application and advised that the car parking layout and on-site car parking provisions proposed are inadequate and fail to comply with all relevant requirements of AS2890.1, AS2890.6 and Part 6.8 of CDCP 2012. Thus, the proposal’s on-site car parking arrangement and provisions should be redesigned so as to ensure adequate car parking is provided on-site for all future residents and the existing road network is not adversely impacted.

Concern was raised that there is insufficient parking on-site to accommodate the

needs of future residents and that insufficient street parking is provided to accommodate any overflow of car parking generated by the development Comment As detailed above in the body of this report, although the proposal complies with the overall numerical requirement of Council’s car parking controls, 12 of those spaces are provided as tandem spaces which may not be accessible at all times, effectively giving access to only 37 spaces. The allocation of two spaces to some of the two bedroom units is not acceptable, particularly as each two bedroom unit is required to



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be allocated 1.2 spaces with 0.2 remaining as common property. The proposal also seeks to provide a total of seven small residential car parking spaces which is not appropriate as all car parking spaces must be of standard dimension and in accordance with the requirements of AS2890.1. On this basis, the on-site car parking provisions and basement car park layout is not considered to be acceptable and will not accommodate the car parking needs of future residents.

Concern was raised that the proposed development will result in overshadowing,

particularly to the property located immediately south of the site, being 19 Augusta Road, Punchbowl Comment The proposed development has been assessed in accordance with our performance controls relating to daylight and sun access. Shadow diagrams submitted with the application indicate that the proposed development will cast unreasonable shadows to the adjoining southern (rear) property, being 19 Augusta Street which is currently occupied by a dual occupancy development. The submitted shadow diagrams fail to show the location and positioning of all living room windows currently provided along the northern side elevation of adjoining property 19 Augusta Street. The location of all adjoining property clotheslines is also not provided. As such, compliance with the requirements of Part 6.2 of CDCP 2012 has not been demonstrated and we are unable to determine whether the proposal is suitable and will have minimal amenity impacts upon the adjoining southern property.

Concern was raised that the property’s site width is too narrow to accommodate

the development proposed and does not comply with Council’s minimum 30 metre site width requirement Comment Clause 3.1.2(iii) of the current version of CDCP 2012 requires the site provide a minimum site width of 30 metres. Clause 3.1.2 of CDCP 2012 also states that “where redevelopment is proposed, site amalgamation is encouraged to achieve efficient built form and car parking”. The subject site provides an overall site frontage of only 22.25 metres, which represents a shortfall of 7.75 metres or 26% of the overall minimum 30 metre site width requirement. This shortfall in site width has limited the proposal from complying with the relevant car parking controls of CDCP 2012 and the building separation requirements of SEPP 65. To provide a development that achieves full development potential of the land, a good level of internal amenity, efficient on-site car parking and manoeuvring areas, desirable building outcomes and compliance with all relevant environmental planning instruments and CDCP 2012, the subject site should seek to amalgamate with an adjoining property to achieve the minimum 30 metre site frontage width.



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Concern was raised that the proposed development is to be constructed too close to the adjoining properties, due to the nil side setback provided Comment The proposed development does not provide adequate building separation between the proposed buildings on the subject site and from the sides of the site which sets an undesirable precedence in terms of allowing sufficient solar access to developments along this part of Canterbury Road.

Concern was raised that the proposed development will impact on the value of

surrounding properties Comment The impact on property values resulting from a development is difficult to assess. The proposal is not considered satisfactory to support.

Owners of neighbouring sites to the west have not been approached regarding amalgamation and are indicating willingness to develop1412-1418 Canterbury Road with the subject sites. Comment The amalgamation of properties at 1412-1418 Canterbury Road with the subject site would create a far better outcome than what is proposed creating a larger development site and opportunity to access via Victoria Lane. DCP 2012 however does not stipulate a consolidation pattern for these sites.

The proposed development does not comply with building separation requirements which is an indication that it is an overdevelopment of the site. Comment It is agreed that the proposed development fails to comply with building separation requirements which lead to negative amenity outcomes.

The proposed development does not accommodate sufficient car parking which will have implications on the availability of on-street car parking in the surrounding area. Comment It is agreed that the proposed development does not meet the Council’s requirements in terms of car parking which in turn is likely to increase future residents reliance of on-street car parking.

Concern is raised regarding the reliability of developer given previous liquidation. Comment This matter has no relevance to the subject development application in planning terms.



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Reports submitted with the application include mistakes and misleading

information. Comment The acoustic, traffic and waste management reports have been reviewed by the relevant Council officers and adequate comments provided to assist in the assessment of this application.

Why was the application withdrawn from the IHAP agenda of 29 September

2014 given obvious flaws of the proposal? Comment The application was withdrawn from the IHAP agenda of 29 September 2014 to allow a re-consideration of the application in light of information that was to be provided by the applicant.

The covering letter summarising the changes to the plans states that a number of

key decisions were made at a meeting with Council including Parts 3.1.2 and 3.1.8 of Canterbury DCP, minimum 30m frontage and minimum 4.5m (side) setback would no longer apply to this application. How are these decisions made? Comment A meeting was held to discuss the issues involved with this application between the applicant and our previous Director of City Planning and the Team Leader – Development Assessment. ‘Clause 3.1.2 – Site amalgamation and minimum frontage’ of CDCP 2012 remains applicable to the subject development but the applicant was given the opportunity to submit information justifying why it should be varied for this development which the applicant has provided and excerpts from which have been included within the body of this report. The variation to the minimum frontage requirements is still not supported. Clause ‘3.1.8 – Setback’ has also been applied to the site with regard to front and rear setbacks however; the DCP has been amended in terms of side setback requirements under Clause 3.1.8(vii) and is not-applicable to developments that include a commercial component. As such, this clause was not applied to this application.

The solar study mentioned in the covering letter to the re-notified plans was not available with the neighbour notification pack at Riverwood Library when we went to view the plans Comment Despite the applicant’s submission referring to them, the solar study was not included in the information that was submitted to Council and thus did not form part of the information out on notification. It was later sent via e-mail to the assessing officer. The solar study is not a revised shadow diagram and did not demonstrate compliance with the requirements of CDCP 2012.



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Conclusion The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979 and all relevant development control plans, codes and policies. The proposed development on the subject site is considered to be unsuitable due to its non-compliance with the requirements relating to minimum site width, building separation, minimum internal dwelling design, car parking, vehicular access, solar access and waste management. The proposal will have significant amenity impacts for occupants of adjoining properties and result in a basement car park arrangement that is not functional or practical. The proposed design is considered to be inconsistent with the vision and objectives of CDCP 2012 and should be further improved. Such an outcome would have a negative impact on surrounding properties and the locality in general. The proposal is recommended for refusal.

RECOMMENDATION:

THAT Development Application DA-581/2013 be REFUSED for the following reasons: 1. The proposed development is unsatisfactory pursuant to the provisions of Section

79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, is not consistent with SEPP 65 – Design Quality of Residential Flat Development with respect to the with respect to the principles contained in Clauses 9 to 18.

2. The proposed development is unsatisfactory, pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as it does not comply with the objectives of Canterbury Development Control Plan 2012, including: a) Part 3, Clause 3.1.2- Site Amalgamation and Minimum Frontage:

i. Provision of an adequate site frontage to achieve the full development potential of land and best use of features of an area, such as character, transport, community services and natural environment.

ii. Efficient vehicular access to parking and servicing and reduce driveway crossings.

iii. Efficient building envelopes to achieve optimum density’. b) Part 3, Clause 3.1.9 – Building Separation:

i. Separation between buildings promotes improved levels of residential amenity in new development, and preserves reasonable sunlight, privacy and general amenity for residents of existing dwellings.

c) Part 3, Clause 3.3.4– Internal Dwelling Design: i. Dimension and design interiors to accommodate the range of furniture that is typical for the purpose of each room. ii. To ensure adequate room sizes and storage areas are provided for new

dwellings. d) Part 6.2 – Climate and Resource Efficiency:

i. To ensure habitable rooms have daylight access, and other areas of development have reasonable access to daylight;

ii. Allow for the provision of natural ambient lighting to minimise the need for artificial lighting during daylight hours;



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iii. To ensure adverse overshadowing to all buildings and outdoor areas is controlled to minimise negative impacts.

e) Part 6.8 – Car Parking and Vehicular Access: i. To provide adequate car, bicycle and service vehicle facilities for the

building users and visitors, depending on building type and proximity to public transport;

ii. To ensure overflow parking and other traffic impacts are minimised in residential streets and neighbourhoods;

iii. To ensure vehicle facilities are designed and constructed in accordance with relevant standards and are functional and safe.

f) Part 6.9-Waste Management: i. To ensure facilities for handling, storage, collection and disposal of

waste are incorporated into all development and are compatible with the design of the development;

ii. Reduce the production of waste and maximise reuse and recycling of building/construction materials, household generated waste and commercial waste through.

iii. Practical building designs and construction techniques; iv. Design and locate waste facilities that will assist waste and recycling

collection and management services offered by Council and private contractors;

v. Provide waste facilities that are easy to use for occupants. 3. The proposed development is unsatisfactory, pursuant to the provisions of Section

79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, as it does not comply with the provisions of Canterbury Development Control Plan 2012 ,including: a) Part 3, Clause 3.1.2- Site Amalgamation and Minimum Frontage:

i. The subject property does not provide adequate site width to allow the full development potential of the land without having a negative impact on the amenity of existing and future residents such as access to sunlight, privacy and general amenity.

ii. The site width does not allow for the provisions of adequate access to car parking for the proposed density.

b) Part 3, Clause 3.1.9 – Building Separation i. The proposed development does not provide adequate building

separation within the site and to outer sides of the development to allow reasonable sunlight, privacy and general amenity.

c) Part 3, Clause 3.3.4– Internal Dwelling Design: i. The proposed development fails to provide a minimum 3.5 metres width

for all primary bedrooms. d) Part 6.2 – Climate and Resource Efficiency:

i. Insufficient information has been submitted to demonstrate that each adjoining property’s existing indoor living areas and at least 50% of their existing private open space will receive a minimum of 2 hours of sunlight on 21 June between 9am and 3pm.

ii. The proposed development fails to demonstrate that the clothes drying areas of adjoining residential property will receive a minimum 2 hours of sunlight on 21 June, between 9am and 3pm.

e) Part 6.8 – Car Parking and Vehicular Access:



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i. The proposed development fails to comply with the car parking provisions of Clause 6.8.14 of CDCP 2012 as twelve (12) car parking spaces, being car space no’s. 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26 and 27, are provided in a tandem formation which is not permitted in residential mixed-use developments. Tandem parking space arrangements are only permitted in instances where two car parking spaces are required and allocated to the same unit.

f) Part 6.9 – Waste Management i. The proposal fails to provide a separate bulky waste storage area for the

development. ii. The commercial waste bin storage room is not provided so that it is

separate to the residential waste bin storage room. iii. Access to the residential waste storage room via the commercial room is

not acceptable. iv. All access doors must be at least 1.2 metres wide. v. The proposed development fails to provide an area of at least 3m2 for

garden vegetation bins. 4. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and

Assessment Act 1979, the rear portion of the proposed development is excessive in terms of bulk and scale and would adversely impact upon the amenity of the locality.

5. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is unsatisfactory in terms of its standard of design and would adversely impact upon the existing and likely future amenity of the locality.

6. Having regard to the abovementioned non-compliance issues and the amenity issues the proposed development is likely to create for occupants of adjoining properties and future occupants of the subject site, pursuant to the provisions of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, approval of the development application is not in the public interest.

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