Agenda of Council Meeting - 9 December 2015

Hurstville City Council – Council Meeting Wednesday, 9 December 2015

CCL1030-15 26 Tallawalla St Beverly Hills - Addition of First Floor to Existing Dwelling

Applicant	Mr F Aversa
Proposal	Addition of first floor to existing dwelling house
Owners	F and A C Aversa
Report Author/s	Independent Assessment, Consultant Planner
File	DA2015/0291
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone R2 - Low Density Residential
Existing Development	Single dwelling house
Cost of Development	$215,000.00
Reason for Referral to Council	Applicant related to Council Officer
Planning Instruments Applicable	Hurstville Local Environmental Plan 2014, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, State Environmental Planning Policy No 55 - Remediation of Land, Development Control Plan No 1 - LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Dwelling house

EXECUTIVE SUMMARY

The applicant seeks approval for addition of a first level to the existing dwelling house, consisting of a master bedroom with ensuite, walk-in wardrobe and balcony, a second bedroom, a second bathroom, and a sitting room.

The site currently accommodates a single storey brick dwelling house with pool.

The applicant is subject to the controls of the Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No. 1. The proposal is generally compliant with these controls.

The proposal was notified for a period of fourteen (14) days. One (1) submission was received. It is considered that the issue raised in the submission is not significant enough to warrant a refusal or an amendment to the proposal.

The application was assessed by an independent consultant - Adam Coburn of Mecone Pty Ltd.

The application was deferred at the Council meeting of 18 November 2015 for a site inspection. The site inspection was held on 1 December 2015.

AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks approval for the addition of a storey to the existing single storey dwelling house, consisting of a master bedroom with ensuite, walk-in wardrobe and balcony, a second bedroom, bathroom, and a sitting room.

HISTORY

17 Aug 15 Application submitted

18 Nov 15 Application deferred at Council meeting for a site inspection

DESCRIPTION OF THE SITE AND LOCALITY

The site is an irregular shaped site with a frontage of 18.5m to Tallawalla Street and an area of 550sqm. The site is located on the west side of the street. There is an existing single storey brick dwelling house with inground pool on the site.

The site is adjoined on all sides by single storey dwelling houses. The surrounding area is generally residential in character.

COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The land is zoned R2 Low Density Residential and features an existing residential use that is permitted in the zone. The proposal meets the zone objectives, which are:

· To provide for the housing needs of the community within a low density residential environment.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents.

· To encourage development of sites for a range of housing types, where such development does not compromise the amenity of the surrounding area, or the natural or cultural heritage of the area.

· To ensure that a high level of residential amenity is achieved and maintained.

· To encourage greater visual amenity through maintaining and enhancing landscaping as a major element in the residential environment.

· To provide for a range of home business activities where such activities are not likely to adversely affect the surrounding residential amenity.

Specifically the dwelling alterations maintain the low density character of the locality, whilst protecting the existing amenity.

Clause 2.7 Demolition requires development consent

Minor demolition associated with the proposed development may be carried out only with development consent and is an ancillary component of this development.

Clause 4.3 Height of buildings

The land is subject to a maximum building height of 9m. The proposal has a building height of 8.3m and thus complies with the control.

Clause 4.4 Floor Space Ratio (FSR)

The land is subject to a maximum FSR of 0.6:1. The proposal results in an FSR of 0.5:1 and thus complies with the control.

Clause 4.5 Calculation of floor space ratio and site area

FSR and site area calculated in accordance with this clause.

Clause 6.5 Gross floor areas (GFA) of dwellings in residential zones

The maximum GFA for a dwelling house at the site is 305.8sqm (256sqm x 0.55). The proposal results in a total GFA of 276.86sqm and thus complies with the control.

Clause 6.7 Essential services

All required essential services are provided at the site.

GREATER METROPOLITAN REGIONAL ENVIRONMENTAL PLAN NO 2 – GEORGES RIVER CATCHMENT

The site is within the area affected by the Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment. The proposal, including the disposal of stormwater, is consistent with Council’s requirements for the disposal of stormwater in the catchment.

STATE ENVIRONMENTAL PLANNING POLICY NO 55 – REMEDIATION OF LAND

The subject site is zoned residential, and given the types of uses permissible within the residential zones, it is considered unlikely that the land is contaminated.

Based on Council’s records, the subject site has not been used for any potentially contaminating activities. Given this and no substantive earthworks are proposed the proposed development is consistent with the provisions of SEPP 55.

2. Draft Environmental Planning Instruments

No draft environmental planning instruments apply to the site.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Demolition

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

3. Development Control Plans

The development is subject to the development controls outlined in Hurstville Development Control Plan 1 (DCP 1). An assessment of the proposal’s compliance with these controls is provided in the table below.

DEVELOPMENT CONTROL PLAN NO 1 - LGA WIDE - SECTION 4.1 SINGLE DWELLING HOUSES

Control	Provisions	Compliance
4.1.3.1 Maximum Floor Area	The maximum gross floor area of dwellings in residential zones is contained within Clause 6.5 of the Hurstville LEP 2012.	Complies - The proposal complies with the maximum FSR as contained in Clause 6.5 of HLEP 2012
4.1.3.3 Building Height	The maximum ceiling height of the building, as measured at the intersection of the upper most ceiling with the internal face of any external wall, must not exceed 7.2m above the existing ground level vertically below that point	Complies - The maximum ceiling height of the proposal is 6.02m above ground level
4.1.3.3 Building Height	The maximum height to ridge of the building must not exceed 9.0m above the existing ground level vertically below that point	Complies - The highest point of the proposed addition is 8.3m above ground level
4.1.3.4 Setback Controls	Front Setbacks A minimum front setback of 4.5m to front wall of the dwelling Side Boundary Setbacks A minimum side setback of 1200mm to walls of first floor level must be provided Rear Setbacks Where a first floor balcony is proposed at the rear, it must be setback a minimum of 6m from the balustrade to the rear property boundary	Complies - The existing dwelling is setback 5.48m from the front boundary, and the proposed addition is setback behind this Complies - The proposed first floor level is set back 1350mm from the side boundary Complies - The proposed first floor balcony is setback more than 6m from the rear boundary
4.1.3.5 Basements & Attics		N/A - The proposal includes no attic as defined in Hurstville LEP 2012
4.1.3.6 Balconies & Terraces	Access The access must be direct access at same floor level to the balcony/terrace/deck from a habitable room (includes living room, bedrooms, kitchens and the like). Privacy Overlooking impacts on neighbouring properties can be minimised on second storey balconies/terraces with the use of privacy screens and planter boxes. Proposed terraces and balconies must provide sight line diagrams and address privacy issues to neighbouring properties.	Complies - The proposed balcony is directly accessed from the proposed master bedroom Complies - The proposed balcony features a privacy screen to prevent overlooking. This satisfactorily addresses potential overlooking issues, with the outlook towards the rear yard of the subject property. Not provided - No sight line diagrams have been provided, however given the inclusion of the privacy screen and given that the adjoining garage of the property to the south also acts as a screen, further illustrations on overlooking are not warranted.
4.1.3.7 Façade Articulation	Objectives · To encourage building articulation and avoid blank walls and flat surfaces. · To mitigate the visual impact of garages, carports and onsite parking upon the streetscape. · To ensure that all development is of high visual and design quality. · To provide passive surveillance of the neighbourhood, the front garden and entry to the house.	Complies - The proposal demonstrates sufficient visual interest, design quality and use of varying materials/finishes
4.1.3.9 Visual and Acoustic Privacy	Visual Privacy Windows of proposed dwelling must offset from neighbouring windows by 1m, especially windows of high-use rooms. Windows for primary living rooms such as living kitchen, dining, etc. must be designed such that they maintain privacy of adjoining principal private open space. Survey plans or site analysis plan (to AHD) of the proposed dwelling must include location of adjoining property windows to enable appropriate assessment. These plans must also include floor levels, windows sill levels and ridge and gutter line levels.	Generally complies - Proposed south elevation windows are highlight windows, which prevent overlooking, and the adjoining property is single storey. No direct overlooking will occur. Complies - Windows for the proposed sitting room are highlight windows that effectively maintain the privacy of the adjoining open space, whilst the main outlook is towards the street Not provided - No survey plan has been provided; however, the adjoining property is single storey (ie no potential direct overlooking from proposed 2 storey addition), and it is evident that there will not be overlooking impacts given the use of highlight windows, the main outlook being towards the street and the fact that there is a minimum of a 4m separation between the adjoining property to the south. Therefore, further information relating to exact window locations are not considered necessary in this instance.
4.1.3.10 Solar Design and Energy Efficiency	Principal private open space of both the subject lot and adjoining lot must receive a minimum of 3hrs direct solar access between 9am and 3pm in mid-winter (June). Where less than 3 hours of sunlight is currently available in mid-winter, it must not be further reduced. (Direct solar access does not encompass ambient light access). Both plan and elevation shadow diagrams must be provided showing current and expected shadows on June and March/September Equinox for all dwellings more than single storey. Exemptions will be considered for developments that comply with all other requirements but are located on sites with an east-west orientation.	Complies - As shown on the supplied shadow diagrams, the shadow caused by the proposed addition will have left the adjoining lot’s rear private open space by noon, resulting in sufficient solar access to this space. Sufficient solar access is also maintained for the adjoining lot’s front living room window. Not provided - Plan shadow diagrams have been provided but no elevation shadow diagrams. Given that the shadows clearly show that the adjoining property will maintain at least 3 hours of sunlight to living room windows and Private Open Space in mid-winter, further illustrations are not warranted.
4.1.3.11 Stormwater	Development Application Requirements Drainage diagrams are to be submitted with the Development Application, showing how surface and roof waters are to be discharged to the street or easement. The size of all pipes is to be shown on development application plans.	Complies - The Stormwater Concept Plan submitted with the DA demonstrates how roof waters will be discharged to the street. Pipe sizes are included on the plan and to Council’s satisfaction.
4.1.4 Alterations and Additions to a Single Dwelling House	All alterations and additions must comply with the relevant requirements of this DCP in relation to floor space ratios, building heights, setbacks, car parking and landscaping	Complies - Meets the height, FSR and setbacks provisions of the DCP.
	Alterations and additions to a dwelling house must be integrated with the existing dwelling. The scale and size of the alterations and additions must be compatible with the existing dwelling or neighbourhood dwellings.	Complies - The proposal integrates with the existing dwelling adequately. The size and scale of the addition is compatible with the existing dwelling and surrounding character.
	The roof of the dwelling addition must be integrated to complement the existing dwelling’s roof form where possible and is to incorporate design elements consistent with the existing building	Complies - The roof of proposed addition compliments the existing dwelling’s roof and incorporates design elements of the existing building
	The materials used for alternations and additions to a dwelling house must compliment the materials used for the existing dwelling house	Complies - The materials used for the addition match and complement the existing dwelling. The existing roof tiles are to be re-used in the proposed addition
	A first floor addition to an existing dwelling house must be set back a minimum of 900mm from the side boundary	Complies - The proposed addition is setback 1350mm from the south side boundary and 4.5m from the north side boundary
	A first floor addition to an existing single dwelling house may be permitted to have the same setback as the existing single storey dwelling where: (a) It is done to improve the existing residential neighbourhood in which they are to be built. (b) It is done to provide suitable anchorage points on the external load bearing walls for the addition. (c) It will not have any adverse amenity impacts on neighbouring development.	Complies - The first floor addition’s south side setback of 1350mm is nearly the same as the ground level’s 1200mm. The addition’s side setback is considered acceptable in that it will not have any unreasonable adverse amenity impacts on neighbouring development.

Comments on variations

Overshadowing

No elevation shadow diagrams have been provided. Nonetheless, it is considered that the submitted plan shadow diagrams sufficiently demonstrate that the proposal results in no unacceptable overshadowing of the adjoining property.

Privacy impacts

No sight line diagrams have been provided to demonstrate the privacy impacts of the proposed balcony. Nonetheless, the proposed privacy screen is considered sufficient for maintaining the privacy of the neighbouring property, given the adjoining property to the south is single storey and the proposed windows to this elevation are highlight windows only.

Survey plan

No survey plan has been provided. Nonetheless, it is considered that the submitted application provides sufficient detail to make an informed assessment, particularly given that no works are proposed beyond the existing footprint of the existing dwelling.

4. Impacts

Natural Environment

There will be minimal impacts on the natural environment. The proposal is for an addition to the existing dwelling and involves no works that will directly affect trees or other vegetation.

Built Environment

The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and has been found to comply with key controls and standards. The development is otherwise a reasonable development with only minor impacts and will not cause the site to be overdeveloped.

The applicant has requested that the the submitted plans be amended to change the external building materials for the first floor from Rusticated Weatherboard Cladding to rendered Orange Board-RMAX painted. An appropriate condition has been imposed, should the application be approved.

Social Impact

There will be no notable social impacts.

Economic Impact

There will be no notable economic impacts.

Suitability of the Site

In light of the matters previously discussed, such as site zoning, location and impacts on the streetscape, the site is considered suitable for the development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Residents

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. One (1) submission was received from an adjoining neighbour.

Increased overshadowing

Adjoining landowner objects that the proposal will cast an increased shadow over their property, which will “severely impact” the amenity of the property.

Comment: It is acknowledged that there will be an increased shadow over adjoining property and an associated loss of amenity. However, the proposal complies with relevant controls and is not out of character with the built form of the surrounding area. As such, this increased overshadowing, while unfortunate for the adjoining landowner, is not sufficient grounds for refusing or requiring an amendment to the proposal. The critical consideration is that the adjoining property still achieves the minimum 3 hours of sunlight to a living room window and private open space area in mid-winter.

Council Referrals

No internal Council referrals resulting in any comments or conditions.

External Referrals

No external referrals are required.

6. CONCLUSION

This report has been prepared in response to the lodgement of an application by Francesco Aversa for addition of a first floor to the existing dwelling house.

An assessment of the proposal has been undertaken against the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979. In particular, the proposal has been assessed against the relevant provisions of the Hurstville Local Environmental Plan 201, Hurstville Development Control Plan No 1, any submissions received, impacts on the built and natural environments, and the suitability of the site for the development.

The proposal has been found to be generally compliant with the relevant provisions of Hurstville Local Environmental Plan 2012 and Development Control Plan No 1. Issues raised within the one (1) submission received have been addressed within Section 5 of this report, and it is considered that they do not present any grounds for refusal of the application or any redesign of the application.

Finally, the impacts on the built and natural environments are considered acceptable and minor. The site is suitable for the development and as such, it is recommended for APPROVAL.

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2015/0291 for the addition of a first floor on Lot 200 DP13496 and known as 26 Tallawalla Street, Beverly Hills, subject to the attached conditions:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

1. GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

Reference No.	Date	Description	Revision	Prepared by
-	18/08/2014	Ground floor plan	-	Katrina Giles
-	18/08/2014	First floor plan	-	Katrina Giles
-	18/08/2014	Elevations 1 and 2	-	Katrina Giles
-	18/08/2014	Elevations 3 and 4	-	Katrina Giles
-	18/08/2014	Section a-a	-	Katrina Giles
-		Stormwater Concept Plan	-

2. GEN1002 - Fees to be paid to Council - The fees listed in the table below must be paid in accordance with the conditions of this consent and Council’s adopted Fees and Charges applicable at the time of payment.

Payments must be made prior to the issue of the Construction Certificate or prior to the commencement of work (if there is no associated Construction Certificate).

Please contact Council prior to the payment of Section 94 Contributions to determine whether the amounts have been indexed from that indicated below in this consent and the form of payment that will be accepted by Council.

Form of payment for transactions $500,000 or over - Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for transaction values of $500,000 or over. Council must be contacted prior to payment to determine correct total amount to be paid and bank account details (if applicable)

(a) Fees to be paid:

Fee types, bonds and contributions

Fee Type

Long Service Levy (to Long Service Corporation)

Builders Damage Deposit

Inspection Fee for Refund of Damage Deposit

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

PCA Services Fee	$1,087.50
Construction Certificate Application Fee	$1,087.50
Construction Certificate Imaging Fee	$103.00

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

3. GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

4. GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00.

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $140.00.

(c) At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.

(d) Prior to the commencement of work a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal, shall be submitted to Council

(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

(f) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

5. APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f) Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

(i) Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j) Stormwater and ancillary works in the road reserve; and

(k) Stormwater and ancillary to public infrastructure on private land

(l) If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at: www.hurstville.nsw.gov.au

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

6. APR6002 - Engineering - Vehicular Crossing - Minor Development - Constructing a vehicular crossing and/or footpath requires a separate approval under Section 138 of the Roads Act 1993 prior to the issue of the Construction Certificate.

To apply for approval, complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Hurstville Council’s Website: www.hurstville.nsw.gov.au

Lodge the application form, together with the associated fees at Council’s Customer Service Centre, during business hours. Refer to Section P1 and P2, in Council’s adopted Fees and Charges for the administrative and inspection charges associated with Vehicular Crossing applications.

Please note, that an approval for a new or modified vehicular crossing will contain the approved access and/or alignment levels which will be required to construct the crossing and/or footpath. Once approved, all work shall be carried out by a private contractor in accordance with Council’s Specification for Vehicular Crossings and Associated Works prior to the issue of the Occupation Certificate.

7. APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

8. GOV1007 - Sydney Water - Quick Check - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, storm water drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to Sydney Water’s website: www.sydneywater.com.au

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

9. CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure:

(a) Compliance with the approved Erosion and Sediment Control Plan

(b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

(d) silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering drainage systems or waterways

(e) all erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works

(f) controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway

(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar

(h) Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom 2004.

These measures are to be implemented before the commencement of work (including demolition and excavation) and must remain until the issue of the Occupation Certificate.

10. CC2002 - Development Assessment - Site Management Plan - Minor Development - A Site Works Plan detailing all weather access control points, sedimentation controls, fencing, builder’s site sheds office, amenities, materials storage and unloading arrangements must be submitted with the application for the Construction Certificate.

11. CC2004 - Development Assessment - Design Changes - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

(a) The submitted plans shall be amended to change the external building materials for the first floor from Rusticated Weatherboard Cladding to rendered Orange Board-RMAX painted.

12. CC2007 - Development Assessment - Privacy Screen - The privacy screen proposed to the south western side elevation of the rear balcony must comprise a material that cannot be seen through, such as translucent glazing. If louvres are to be used, they are to be fixed in a position that does not allow downward viewing of the adjoining properties.

13. CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. A226447 dated 12 August 2015, approved with the Development Consent DA2015/0291, must be implemented on the plans lodged with the application for the Construction Certificate.

14. CC2033 - Development Assessment - Compliance with the Swimming Pool Act 1992 - The alterations and additions to the dwelling house and/or the construction of the new dwelling house subject of this consent must not generate any non-compliances with the Swimming Pools Act 1992, Swimming Pool Regulation 2008, Building Code of Australia and/or AS 1926.1-2007 - Swimming Pool Safety. Details of compliance to be illustrated on the plans lodged with the application for the Construction Certificate.

15. CC3001 - Development Engineering - Stormwater System

Reference No.	Date	Description	Revision	Prepared by
-	Received 14 August 2015	Stormwater Concept Plan	-	-

The above submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

All stormwater shall drain by gravity to the existing drainage system in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

16. CC7004 - Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

(a) piers

(b) footings

(d) columns

(e) structural steel

(f) reinforced building elements

(g) retaining walls

(h) stabilizing works

(i) structural framework

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

17. PREC2001 - Building regulation - Site sign - Soil and Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), the durable site sign issued by Hurstville City Council in conjunction with this consent must be erected in a prominent location on site. The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls. The sign must remain in a prominent location on site up until the completion of all site and building works.

18. PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the Work Cover NSW website: www.workcover.nsw.gov.au

19. PREC2008 - Development Assessment - Demolition Notification Requirements - The following notification requirements apply to this consent:

a) The developer /builder must notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority. Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

b) Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

c) On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

20. PREC2009 - Development Assessment - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

21. PREC6001 - Engineering - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate. The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

22. PREC7001 - Building - Registered Surveyors Report - During Development Work - A report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Floor slabs or foundation wall, before formwork or commencing brickwork.

(b) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.

(c) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.

(d) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

(e) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

23. CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

24. CON2002 - Development Assessment - Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

25. CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

26. CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

27. OCC2003 - Development Assessment - BASIX Certificate - All energy efficiency measures as detailed in the BASIX Certificate No. A226447 dated 12 August 2015, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

28. ONG4018 - Health - Amenity of the neighbourhood - The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products.

No vegetation, article, building material, waste or the like shall be ignited or burnt whatsoever or in association with the work on site.

ADVICE

This advice has been included to provide additional information and where available direct the applicant to additional sources of information based on the development type.

29. ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

For more information visit www.workcover.nsw.gov.au

30. ADV2008 - Development Assessment - Register your swimming pool - Have you registered your Swimming Pool? All swimming pools in NSW are required to be registered. Fines apply for pools that are not registered. To register please visit: www.swimmingpoolregister.nsw.gov.au/inspection

Schedule B – Prescribed Conditions

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

31. PRES1001 - Clause 97A – BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

32. PRES1002 - Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia. In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

33. PRES1003 - Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign. The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

34. PRES1004 - Clause 98B – Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council. The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

35. PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

Schedule C – Operational & Statutory Conditions

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

36. OPER1001 - Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited certifier.

An application form for a Construction Certificate is attached for your convenience.

37. OPER1002 - Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

(a) appointed a Principal Certifying Authority (PCA) for the building work; and

(b) if relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

(a) appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and

(b) notify the PCA of the details of any such appointment; and

(c) notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

38. OPER1003 - Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the PCA must notify:

(a) the consent authority and the Council (if not the consent authority) of his or her appointment; and

(b) the beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

39. OPER1004 - Notice of Commencement - The beneficiary of the development consent must give at least two (2) days’ notice to the Council and the PCA of their intention to commence the erection of a building.

A Notice of Commencement Form is attached for your convenience.

40. OPER1007 - Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifying Authority. The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.

41. OPER1008 - Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before each required inspection needs to be carried out.

Where Hurstville City Council has been appointed PCA, forty eight (48) hours’ notice in writing, or alternatively twenty four (24) hours’ notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

42. OPER1009 - Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

An Occupation Certificate Application Form is attached for your convenience.

If you need more information, please contact the Development Assessment Officer, below on 9330-6222 during normal office hours.

For video relating to 26 Tallawalla St, Beverly Hills, click here.

APPENDICES

Appendix View1	Location Map - 26 Tallawalla St Beverly Hills
Appendix View2	Site Photo - Front - 26 Tallawalla St Beverly Hills
Appendix View3	Site Photo - Rear - 26 Tallawalla St Beverly Hills
Appendix View4	Elevations 1 and 2 - 26 Tallawalla St Beverly Hills
Appendix View5	Elevations 3 and 4 - 26 Tallawalla St Beverly Hills
Appendix View6	Shadow Diagram June - 26 Tallawalla St Beverly Hills

Hurstville City Council – Council Meeting Wednesday, 9 December 2015

CCL1031-15 3 Ogilvy St Peakhurst - Demolition of Existing and Construction of Attached Dual Occupancy - Affordable Rental Housing

Applicant	Trevelle Homes
Proposal	Demolition of existing structures and construction of an attached dual occupancy to be used as affordable rental housing under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009
Owners	St George Community Housing Pty Ltd
Report Author/s	Senior Development Assessment Officer, Ms P Bizimis
File	DA2015/0021
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone R2 - Low Density Residential
Existing Development	One and two storey dwelling house with outbuildings
Cost of Development	$899,860.50
Reason for Referral to Council	Submissions received, affordable rental housing, variation to DCP1, slopes to the rear
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Sate Environmental Planning Policy (Affordable Rental Housing) 2009, Development Control Plan No 1 – LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Demolish and Dual occupancy and Affordable housing

EXECUTIVE SUMMARY

1. The application seeks permission for the demolition of existing structures and construction of an attached dual occupancy to be used as affordable rental housing under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009. The development will be owned and operated by St George Community Housing.

2. The proposed development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies except in the excavation and fill proposed to the site. This is discussed in the report.

3. The application was notified/advertised on several occasions to residents/owners in accordance with Council’s requirements and forty eight (48) submissions were received in reply. The issues raised in the submissions are discussed in the report.

4. The application was deferred at the Council meeting of 18 November 2015 for a site inspection. The site inspection was held on 1 December 2015.

AUTHOR RECOMMENDATION

THAT the application be granted a ‘deferred commencement’ consent in accordance with the conditions included in the report.

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The application seeks permission for the demolition of existing structures and construction of an attached dual occupancy to be used as affordable rental housing under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP). The development will be owned and operated by St George Community Housing. Due to the significant slope of the site (to the rear), the development has been designed with three (3) levels. Details of the development are as follows:

Lower ground floor

The lower ground floor will contain living room, kitchen, dining room, and stairs to the ground floor. A deck is located at the rear of this floor which gives access to the rear private open space with access off the dining room and living room.

Ground floor

The ground floor will contain a single garage, entry area, three (3) bedrooms, bathroom, laundry, storeroom and stairs to the lower ground floor and the first floor.

First floor

The first floor of the dwellings will contain a bedroom, parents retreat, bathroom and stairs to ground floor. A balcony is located on the front elevation of each dwelling with access off the parents retreat.

HISTORY

4 Feb 15 The subject development application was lodged for an infill affordable rental housing development containing an attached dual occupancy with secondary dwellings on the first floor (four (4) dwellings in total) and strata subdivision.

11 Feb 15 The development application was notified to residents for a period of fourteen (14) days.

27 Feb 15 The development application was re-notified to residents for a period of fourteen (14) days due to there being an anomaly in the Statement of Environmental Effects submitted with the application.

26 Mar 15 A letter was sent to the applicant advising that it was considered that the proposed development was not permissible under the provisions of the Hurstville Local Environmental Plan 2012 as the proposed secondary dwellings were not permissible when attached to a dual occupancy.

23 Apr 15 Legal advice was sought regarding the permissibility of the proposed development, in particular the provision of a secondary dwelling attached to an attached dual occupancy. The legal advice was received on 29 April 2015 which confirmed that the proposed development was prohibited as the secondary dwelling did not meet the definition under the Hurstville Local Environmental Plan.

15 Jul 15 The applicant submitted amended plans whereby the secondary dwellings have been deleted from the proposal and the development redesigned so that it is an attached dual occupancy (two (2) dwellings only). The owner of the site, St George Community Housing has advised that it is not in a position to withdraw the application due to the funding and incentives associated with the use of the development as affordable housing.

6 Aug 15 The amended application was notified to residents for a period of fourteen (14) days. This notification period was extended by a further twenty two (22) days on the request of residents.

18 Nov 15 Application deferred at the Council meeting for a site inspection

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the western side of Ogilvy Street near the corner of Clarendon Road, Peakhurst. The site has a frontage of 17.68m, has a splay on the rear north western corner, and a site area of 688.2sqm. The site has a significant slope to the rear of the site with the difference in level being approximately 5m from the front to rear boundary. Existing on the site is a part one (1)/part two (2) storey dwelling house with outbuildings. There are several trees on the site primarily along the northern (side) boundary and rear of the site and a street tree located at the front of the site.

Adjoining the subject site on the northern (side) boundary on Ogilvy Street is a two (2) storey dwelling house. On the southern (side) boundary on Ogilvy Street is a single storey dwelling house with outbuildings. To the rear of the site is Johnstone Reserve which is a recreation area and also contains a drainage easement.

The area surrounding the subject site is characterised by one (1) and two (2) storey residential developments including single dwelling houses, dual occupancy and multiple dwelling developments.

COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

1. Environmental Planning Instruments

Hurstville Local Environmental Plan 2012

The subject site is zoned R2 – Low Density Residential and the proposed development being the construction of a dual occupancy is permissible in the zone with the consent of Council. The proposed development complies with the zone objectives. The relevant clauses of the Local Environmental Plan which apply to the proposed development are detailed below.

Clause	Standard	Proposed	Complies
1.2 – Aims of the Plan	In accordance with Clause 1.2 (2)	The development is consistent with the aims of the plan	Yes
1.4 - Definitions	“Dual occupancy”	The proposed development is defined as a dual occupancy	Yes
2.3 - Zone objectives and Land Use Table	Meets objectives of R2 Zone Development must be permissible with consent	Development meets objectives Is permissible development with consent	Yes
2.7 - Demolition	Demolition is permissible with consent	Demolition is proposed with this application	Yes
4.3 – Height of Buildings	9m as identified on Height of Buildings Map	7.7m maximum	Yes
4.4 – Floor Space Ratio	0.6:1 as identified on Floor Space Ratio Map	0.6:1. Under clause 13 of ARHSEPP, a floor space ratio of 1.1:1 applies to dual occupancies.	Yes (but overridden by Clause 13 of ARHSEPP)
5.9 – Preservation of Trees or Vegetation	Trees to be removed are specified in DCP1	Five (5) trees are to be removed from the subject site to accommodate the proposed development. Of these trees, three (3) are not listed in the Tree Preservation Order and can be removed without consent. One (1) tree considered to be significant, located at the rear of the site will be retained and the street tree located at the front of the site which is considered to have high amenity value will be retained.	Yes
6.7 – Essential Services	The following services that are essential for the development shall be available or that adequate arrangements must be made available when required: · Supply of water, electricity and disposal and management of sewerage · Stormwater drainage or on-site conservation · Suitable vehicular access	· Adequate facilities for the supply of water and for the removal of sewage available to this land · Stormwater can drain from the site to the drainage easement located at the rear of the site · New driveway crossing from Ogilvy Street (standard conditions for the submission of separate vehicular crossing applications and driveway design)	Yes

State Environmental Planning Instruments

Compliance with the relevant state environmental planning policies is detailed and discussed in the table below.

State Environmental Planning Policy	Complies
Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment	Yes
State Environmental Planning Policy 55 – Remediation of Land	Yes
State Environmental Planning Policy (Building Sustainability Index BASIX) 2004	Yes

STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009 (ARHSEPP)

State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP) aims to provide new affordable rental housing and retain and mitigate any loss of existing affordable rental housing by providing a consistent planning regime. Specifically, the ARHSEPP provides for new affordable rental housing by offering incentives such as floor space ratio bonuses and non-discretionary development standards.

Clause 10 – Land to Which Division Applies

Clause 10 prescribes the land in which infill affordable housing applies. The subject site is on land to which the division applies as it satisfies the following criteria:

· The proposed development is defined as a “dual occupancy” under Hurstville Local Environmental Plan 2012 and is permissible in the R2 Low Density Residential zone.

· The site is within an ‘accessible area’ as it is within 400m walking distance of a bus stop.

Clause 14 – Standards that cannot be used to refuse consent

SEPP (Affordable Rental Housing) 2009 - Division 1 Infill Affordable Housing	Control	Proposed	Complies
Clause 11 and 12	Repealed	N/A	N/A
Clause 13 Floor space ratios	The FSR permitted on the land by HLEP 2012 (0.6:1) plus the following bonus: -0.5:1 if the gross floor area of the development used for affordable housing is 50% or higher (100% of floor area proposed to be affordable housing) FSR permitted under ARHSEPP = 1.1:1	0.6:1	Yes
Clause 14 Standards that cannot be used to refuse consent	(a) Repealed	N/A	N/A
	(b) Site area if the site is at least 450sqm	688.2sqm	Yes
	(c) landscaped area if; there is 70sqm per dwelling	Unit 1 = 95sqm Unit 2 = 105sqm	Yes
	(d) Deep soil zones (i) 15% of the site can support trees or shrubs (ii) The deep soil area has minimum dimensions of 3m (iii) If practicable, two-thirds of the deep soil zone is at the rear of the site	(i).34.3% of site deep soil (ii) The deep soil has minimum 3m dimension (iii) 84.6% of deep soil at the rear of the site	Yes
	(e) Solar access if 70% of dwellings receive 3 hours sunlight between 9am and 3pm in midwinter	Shadow diagrams show that the proposed dwellings and private open space of adjoining development will receive at least 3hrs sunlight in midwinter	Yes
(2) General A development authority must not refuse consent to development to which this Division applies on any of the following grounds	(a) If development application made by a social housing provider, parking is to be at least: (i) 1 space for each dwelling containing 3 + bedroom = 2 spaces required (b) Dwelling size if each dwelling has at least: (iv) 95sqm for 3 + bedrooms	4 provided (2 in single garages and 2 at the front) Complies with minimum floor area	Yes
Clause 15 Design Requirements	(1) A consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that those provisions are consistent with this Policy.	N/A	N/A
Clause 16 Continues application of State Environmental Planning Policy No 65 – Design of Residential Flat Development (SEPP 65)	SEPP 65 applies if the proposed development is defined as a “residential flat building”	Development is a dual occupancy development	N/A
Clause 16 A Character of the local area	A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.	See assessment below this table	Yes
Clause 17 Must be used as affordable housing for 10 years	(1) A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that: (a) for 10 years from the date of the issue of the Occupation Certificate: (i) the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and (ii) all accommodation that is used for affordable housing will be managed by a registered community housing provider, and (b) a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.	Should the application be approved, appropriate conditions will be imposed	Yes
Clause 18 Subdivision	Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.	No subdivision is proposed	N/A

Clause 16A - Character of the Local Area

The matter of assessing the character and compatibility of development has been examined by the Land and Environment Court in Project Venture Developments v Pittwater Council (2005) NSWLEC 191 where Senior Commissioner Roseth set out Planning Principles to better evaluate how a development should respond to the character of its environment. The Planning Principle identifies the following questions in relation to whether a proposed development responds to the character of its area:

· The first principle is that buildings in a development do not have to be single storey to be compatible with the streetscape even where most existing buildings are single storey. The principle does not apply to conservation areas where single storey dwellings are likely to be the major reason for conservation.

· The second principle is that where the size of a development is much greater than the other buildings in the street, it should be visually broken up so that it does not appear as one building. Sections of a building, or separate buildings should be separated by generous breaks and landscaping.

· The third principle is that where a site has existing characteristics that assist in reducing the visual dominance of development, these characteristics should be preserved. Topography that makes development appear smaller should not be modified. It is preferable to preserve existing vegetation around a site’s edges to destroying it and planting new vegetation.

· The fourth principle is that a development should aim to reflect the materials and building forms of other buildings in the street. This is not to say that new materials and forms can never be introduced only that their introduction should be done with care and sensitivity.

The following questions are also applied:

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

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

The applicant’s planning consultant Shanahan Planning Pty Ltd has provided the following information to support the proposed development:

The Land & Environment Court has adopted Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 at paras 22-31 as its Planning Principle on the compatibility of a proposal with surrounding development. Project Venture has been applied in all cases involving Clause 16A of ARHSEPP.

‘Compatible’ in an urban design context means “capable of existing together in harmony”: Project Venture at [22].

The “local area” is principally the visual catchment in which the development will be viewed. The wider area is also relevant but less weight should be given to development in other zones or isolated, one-off uses.

The local area was mostly developed in the 1950s and 1960s with modest single storey cottages, of which the existing dwelling on the site is a typical example.

The area is now undergoing a gradual transition to a more densely urbanised form, with a growing number of original cottages being extended or demolished and replaced with new larger houses and dual occupancies, generally of two storeys. The dwelling on the site, as well as the properties next door (No 1 Ogilvy St) and across the road (No 11 Clarendon Rd) are examples of second storey extensions. The photos (provided in the SEE) provide examples of other developments within the local area which illustrate its emerging character.

When an area is in transition, it is counterproductive to evaluate the compatibility of the development against the character of the historical form of development (in this case, single storey cottages). Rather, the evaluation must have regard to the emerging character of the area, as noted in Project Venture:

“23 It should be noted that compatibility between proposed and existing is not always desirable. There are situations where extreme differences in scale and appearance produce great urban design involving landmark buildings. There are situations where the planning controls envisage a change of character, in which case compatibility with the future character is more appropriate than with the existing. Finally, there are urban environments that are so unattractive that it is best not to reproduce them.”

The future character of this local area is governed by the planning controls of HLEP2012 which permit dual occupancies, villas and townhouses in the low density zone. Many of the original 1950s/60s cottages are now reaching the end of their economic life and are being upgraded, extended or demolished and rebuilt as substantial two storey dwelling houses.

The development complies with the height and FSR controls of HLEP2012. The building has a bulk and scale consistent with other modern two storey dwelling houses, dual occupancies and multi-unit developments.

The front setback exceeds the minimum required by the DCP and is consistent with the prevailing setback of the street, and the landscape treatment of the front yard is compatible with other modern development in the area. Side and rear boundary setbacks also exceed the minimum setbacks required by the DCP which together with the proposed landscape treatment, will give a building positioning and landscaped setting comparable to or superior than the many modern large houses and dual occupancies in the area.

The architectural design, materials and finishes of the proposal are consistent with those used in modern developments in the local area. Overall, the design of the development is considered to be compatible with the character of the local area in the required sense of “capable of existing in harmony”.

Comment: The proposed development is considered to be compatible with the character of the local area and consistent with the planning principle established for assessing the character and compatibility of development.

The subject site and surrounding area is zoned R2 Low Density Residential and dual occupancies are permitted in the zone as are dwelling houses and multiple dwelling developments. The maximum floor space ratio and height is the same for these developments under the planning controls.

The proposed development which is an attached dual occupancy development complies with the development standards of the Hurstville Local Environmental Plan 2012 and generally complies with the requirements of Hurstville Development Control Plan No 1. As such the built form of the development is consistent with that envisaged by the planning controls for dual occupancy developments and the desired future character of the area for similar developments.

The existing streetscape of Ogilvy Street and that in the vicinity of the subject site predominantly comprises one (1) and two (2) storey dwelling houses, two (2) storey dual occupancy developments, and two (2) storey multiple dwelling developments. The existing single storey houses are predominately older homes, while the two (2) storey developments comprise some older developments and mostly new single dwellings, dual occupancies, and multiple dwelling developments. The proposed development is consistent with the newer developments which have been developed under similar planning controls.

When considering the proposed development in the streetscape and how it will be viewed from the street if it were constructed, it has a similar height, front and side setbacks, and building envelope to surrounding development. The proposed front setback area will comprise a driveway and landscaping similar to surrounding developments and the street trees located at the front of the site will be retained which will not disturb the existing public domain area. As such the proposed development cannot be considered an anomaly in the streetscape, but a development that is consistent with the existing and emerging streetscape. It is therefore considered that the proposed development is consistent with the character of the local area.

2. Draft Environmental Planning Instruments

There are no draft environmental planning instruments that apply to the proposed development.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Demolition

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

3. Development Control Plans

The proposal has been assessed under the relevant sections of Development Control Plan No 1 as follows:

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.1 CAR PARKING

Section 3.1	Standard	Proposed	Complies
Car spaces per dwelling	2 spaces	1 in a single dwelling and 1 at the front	Yes

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

Section 3.4	Standard	Proposed	Complies
Fencing	Allows natural surveillance to street	No fencing proposed other than 1m high structure for letterboxes. Surveillance to the street is available from windows and balconies.	Yes
Blind Corners	To be avoided	No blind corners evident	Yes
Communal Areas	Provide opportunities for natural surveillance	Private open space areas are visible from the dining and living areas and bedrooms.	Yes
Entrances	Clearly visible and not confusing	Entrance to each dwelling is visible	Yes
Site and building layout	· Provide surveillance opportunities · Building addresses street · Habitable rooms are directed towards the front of the building · Garages are not dominant · Offset windows	The proposed development has been appropriately sited	Yes
Landscaping	· Avoid dense medium height shrubs · Allow spacing for low growing dense vegetation · Low ground cover or high canopy trees around car-parks and pathways · Vegetation used as a barrier for unauthorised access	Landscape plan is appropriate	Yes
Lighting	· Diffused/movement sensitive lighting provided externally · Access/egress points illuminated · No light-spill towards neighbours · Hiding places illuminated · Lighting is energy efficient	These requirements can be conditions of consent	Yes
Building Identification	· Clearly numbered buildings · Entrances numbered · Unit numbers provided at entry	House number requirement can be a condition of consent	Yes
Security	Provide an appropriate level of security for each dwelling and communal areas	Appropriate level of security provided for the dwellings	Yes
Ownership	Use of fencing, landscaping, colour and finishes to imply ownership	Ownership implied	Yes

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.5 ENERGY EFFICIENCY

A BASIX Certificate has been submitted with the application. The proposed development meets the target scores required. In terms of overshadowing, shadow diagrams submitted with the application show that the proposed development complies with the solar access requirements in that the principal private open space area of adjoining developments will receive at least 3 hours sunlight between 9am and 3pm on 21 June. The windows located on the side elevations of the adjoining developments will also receive sunlight for at least 3 hours on 21 June.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.7 DRAINAGE AND ON SITE DETENTION (OSD) REQUIREMENTS

The subject site has a significant slope to the rear of the site. Adjoining the rear of the site is Johnstone Reserve which contains a drainage easement. The proposed development can drain to the rear of the site via the drainage easement. Deferred commencement conditions have been attached to the recommendation.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.9 WASTE MANAGEMENT

A waste management plan has been submitted with the application. The waste management plan was not amended to reflect the amended proposal however the details of the waste management plan relating to the demolition and construction phase of the development are still relevant. Waste facilities can be provided to each dwelling on site in accordance with the requirements of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.11 PRESERVATION OF TREES AND VEGETATION

Five (5) trees are to be removed from the subject site to accommodate the proposed development. Of these trees, three (3) are not listed in the Tree Preservation Order and can be removed without consent. One (1) tree considered to be significant, located at the rear of the site will be retained and the street tree located at the front of the site which is considered to have high amenity value will be retained.

The application is accompanied by an arborist’s report prepared by Urban Landscape Planners Pty Ltd Arboricultural Consultants (dated 13 May 2015, reference 01/2013). The report identifies the condition of the trees and proposes measures to be implemented to protect the trees to be retained. Landscaping of the site is to be undertaken in accordance with a landscape plan submitted with the application which will improve the current site conditions.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 4.2 DUAL OCCUPANCY HOUSING

Section 4.2	Requirement	Proposal	Complies
4.2.3.3 Allotment Size	630sqm	688.2sqm	Yes
Frontage/width	15m for attached dual occupancy (Council can allow a site variation where the site does not meet the width requirement for the entire width but meets the width requirement at the 5.5m front building setback and for the length of the building)	17.68m for most of the width of the site except for part of the rear boundary that has a splay. The entire building is located on the site where the width is 17.68m	Yes
4.2.2.4 Height	9m	7.7m maximum	Yes
Excavation (cut)	600mm	Up to 1200mm	No (1)
Wall Height	6.8m for two storey	6.1m	Yes
Floor to ceiling heights	2.7m – 3.6m	2.7m	Yes
Maximum storeys	2	2	Yes
4.2.3.5 Front Setbacks	5.5m	6.7m	Yes
Side Setbacks	1.2m	1.96m and 2.055m	Yes
Eaves Setbacks	750mm or 450mm non-combustible	Complies	Yes
Rear Setbacks	7m ground floor 9m first floor	14.8m lower ground and ground floor 22m first floor	Yes
4.2.4 Floor Space Ratio	As per Hurstville LEP 2012 FSR = 0.6:1	0.6:1	Yes
4.2.5.1 Presentation to the street	Windows to street Attached may not be mirror-reverse Design to have two of; - Entry feature - Window feature - Balcony/window box - Architectural element to break façade - Open veranda - Bay windows - Pergola/similar features above garage doors Entrance clearly visible from street Garage recess 300mm Maximum recommended roof pitch 35° Dormers where used maximum 1.5m wide and lower than roof ridge	The proposed development meets these requirements	Yes
4.2.5.3 Balconies	2m maximum depth for rear balconies 1.8m maximum height for privacy screens	Balconies located on front elevation only	N/A
4.2.5.4 Materials and Finishes	To compliment surrounding development Minimise high contrasting colour schemes Fire rating of BCA to be achieved	Proposed materials and finishes are acceptable	Yes
4.2.5.5 Views	Windows to provide views of private open space and approaches to dwelling Minimise view loss to surrounding properties Flat rooves may be used to protect views	There are no known views available to adjoining developments	N/A
4.2.6 Landscaped Area Private Open Space Front fences Fences	Driveway and pathway the only paving permitted in the front yard 20% landscaping 2m minimum width Landscape Plan to be provided Landscape work to be completed prior to occupation Protection of the root zone of trees to be retained is to be considered At ground level Minimum dimensions 4m x 5m Accessible from living area Maximise visual privacy and acoustic amenity to occupants and neighbours Maximise solar access Be no higher than 1m Highlight entrances and allow street surveillance Relate to the design of the dwelling Generally co-ordinate with adjoining fences Address both frontages on corner sites Galvanised/fibro not permitted No higher than 1.8m	Yes 34.3% with 2m width Landscape plan submitted is appropriate Subject to conditions of consent The private open space to the dwellings meets these requirements No front fence proposed	Yes Yes N/A
4.2.7 Vehicular Access and parking	1 garage and 1 driveway space per dwelling or as the building envelope permits Garage setback 5.5m and recessed a minimum 300mm into façade Driveway width 3m minimum Driveways setback from side boundary by 1.5m minimum Crossing at least 6m from intersection	Development complies with these requirements	Yes
4.2.8 Cut and Fill	Cut/fill maximum 600mm Fill only within building footprint	Up to 1200mm cut/excavation and up to 1700mm in fill	No (1)
4.2.9 Visual Privacy and Acoustic Amenity	Balconies and main windows directed towards front and rear Windows of habitable rooms to be offset by 1m from the window of the neighbouring dwelling or screened or provided with 1.5m bottom sill heights. Privacy screens to be provided to rear balconies at no higher than 1.8m. Driveways and A/C units to be sited away from adjoining neighbours.	Balconies located on front elevation. Windows to the side elevations of the upper level of the ground floor are a high sill bedroom window and a bedroom window. Windows to the side elevations of the first floor have been limited to a bedroom window and windows to a bathroom and stair. A second door is provided to the side elevation of each dwelling which gives access to a small landing located on the side elevation of the development. This door should be deleted as access to the rear yard is provided from the rear elevation.	Yes, subject to condition of consent
4.2.10 Solar Design, Water and Energy Efficiency	Must comply with BASIX Cross ventilation to be provided All rooms to have a window Shadow diagrams for 2 storey proposals 3 hours solar access during midwinter solstice to be provided to subject and neighbouring dwellings	Complies	Yes
4.2.11 Site Facilities	3m x 1m garbage storage 6m³ storage Mailbox Outdoor Clothes line	6m³ storage can be provided to each dwelling as condition of consent and other facilities satisfactory	Yes
4.2.12 Stormwater Drainage	Drainage by gravity Alternatives: (1)Easement (2)Charged and gravity (3) OSD and infiltration	Development can drain to the drainage easement located at the rear of the site in Johnstone Reserve	Yes
4.2.14 Building Envelope Graphics	As per diagrams	As per option 3	Yes

Stormwater Assessment
Existing Stormwater System	To rear of site
Proposed Stormwater System	To drainage easement located at rear of site in Johnstone Reserve
Stormwater objectives for development type met?	Yes, consistent with objectives
Slope to rear (measured centreline of site)	Yes
Gravity to street (from property boundary to street kerb)?	No
Discharge into same catchment?	Yes
Easement required?	Connection required to existing drainage easement

(1) Excavation and Cut and Fill

The proposed development includes excavation up to 1200mm and fill up to 1700mm. The applicant’s planning consultant has provided the following comment to support the variation:

The development complies except for the excavation requirement. The proposed excavation exceeding 0.6m is considered reasonable given that it is confined to an internal part of the building footprint, on the southern side of the building only, is small in extent and does not result in the wall height being exceeded...The development proposes cut of up to 1.2m and fill of up to 1.7m. This is considered reasonable given the significant and irregular slope and cross-fall of the site, its confinement to an internal part of the building footprint, its limited extent and compliance with maximum wall heights.

Comment: The excavation above 600mm is located for a small section of the lower ground floor on the southern elevation and the proposed fill above 600mm is located in the middle of the site under the ground floor level. The excavation and fill is required to provide a level slab for the different floor levels proposed, which in turn are required to address the topography of the site. The existing ground level will remain as is on the boundary and around the development. The proposed excavation and fill to the site results in no additional adverse impacts to the adjoining developments as the proposed development complies with the solar access requirements of Development Control Plan No 1 and has a maximum height below that required under the planning controls. For these reasons, the proposed variation is considered acceptable.

4. Impacts

Natural Environment

The proposed development is unlikely to have an adverse impact on the natural environment. Five (5) trees are to be removed from the subject site to accommodate the proposed development. Of these trees, three (3) are not listed in the Tree Preservation Order and can be removed without consent. One (1) tree considered to be significant, located at the rear of the site will be retained and the street tree located at the front of the site which is considered to have high amenity value will be retained.

The application is accompanied by an arborist’s report which identifies the condition of the trees and proposes measures to be implemented to protect the trees to be retained. The trees to be removed will be replaced with new trees and landscaping of the site is to be undertaken in accordance with a landscape plan submitted with the application which will improve the current site conditions.

Built Environment

The proposed development is unlikely to have an adverse impact on the built environment. The proposed development complies with the requirements of the relevant planning instruments and Development Control Plan, except for the excavation and fill to the site which is a result of the topography of the site. Notwithstanding this, the proposed development is consistent with the built form anticipated for dual occupancies.

Social Impact

The proposed development has no apparent adverse social impact. The proposed development will be used as affordable rental housing under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, which is considered to have social benefit.

Economic Impact

The proposed development has no apparent adverse economic impact.

Suitability of the Site

The subject site is considered appropriate for a dual occupancy development. The site has no impediments that preclude is being developed for that proposed.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was notified / advertised on several occasions to residents / owners in accordance with Council’s requirements and forty eight (48) submissions were received in reply. The issues raised in the submissions are as follows.

Affordable housing

The provision of “affordable housing” will significantly devalue existing properties. The development is too far from the Hurstville business centre to claim that it is close for workers. The affordable housing is restricted to ten (10) years after which the dwellings can be sold for profit which defeats the intention of affordable housing.

Comment: The proposed development meets the criteria for infill affordable housing as identified in State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARHSEPP). Affordable rental housing is permitted in residential zones under these provisions that have been established by the State Government. The provisions also require that the affordable housing component of a development be used for this purpose for at least ten (10) years. Council cannot require that this period be longer than ten (10) years.

Traffic

The proposed development will increase street parking. There are already issues with developments from Henry Lawson Drive parking in the street. The increase in traffic will have the effect of congesting and constricting the entrance of Ogilvy Street and preventing the flow of normal traffic.

Comment: The proposed development provides a single garage and one (1) car space at the front of the garage. As such two (2) car spaces will be provided to each dwelling in accordance with the requirements of Development Control Plan No 1. It is noted that under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 only one (1) car space is required to be provided for each dwelling. The vehicle movements generated by the development are likely to be greater than the one dwelling currently on the site however, these movements are unlikely to be significantly greater in that they result in adverse impacts to the road network.

Character of area

The proposed development does not comply with the subdivision requirements and will result in lots that are less than permitted in the R2 zone. Four (4) homes on one site are out of character with the area and is not consistent with the planning principle. The development should be directed to the R3 Medium Density zone. Private open space has not been provided to each dwelling. The design of the dwellings compromises surveillance to the street and the site and adequate bin storage is not provided.

Comment: The application has been amended from that originally proposed and now comprises an attached dual occupancy development. The applicant was advised that legal advice received by Council confirmed that the original development which comprised four (4) dwellings (an attached dual occupancy and attached secondary dwellings) was not permissible under the provisions of the Hurstville Local Environmental Plan 2012. In response to this, the applicant amended the proposal so to delete the secondary dwellings. The proposed development complies with the requirements of the relevant planning instruments and Development Control Plan except in relation to excavation and fill to the site. This issue has been discussed in the report above.

The proposed development falls under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009. Affordable rental housing is permitted in residential zones under these provisions that have been established by the State Government. The development meets the criteria as detailed in the report above.

Scale of development

The development is large and will be greater than the floor space ratio requirement. The cut and fill is excessive and the slope to the rear will result in the disturbance to the creek located at the rear of the site. The development will require the removal of a streetscape tree which has not been addressed.

Comment: The proposed development complies with the floor space ratio requirement (0.6:1) of the Hurstville Local Environmental Plan 2012. The floor space ratio of the development is significantly lower than that permitted under State Environmental Planning Policy (Affordable Rental Housing) 2009 which permits 1.1:1 for infill affordable housing.

The proposed development will require excavation and fill which is greater than that identified under Development Control Plan No 1, however this is considered reasonable and does not result in any additional adverse impacts to adjoining developments as discussed in the report above.

The street tree located at the front of the site will be retained and is required to be protected during any construction works. As discussed in the report, a tree located at the rear of the site, which is considered to be significant will also be retained.

Windows

The windows on the upper levels will result in privacy impacts to adjoining developments.

Comment: Windows to the side elevations of the upper level of the ground floor comprise a high sill bedroom window and a bedroom window. Windows to the side elevations of the first floor comprise a bedroom window and windows to a bathroom and stair. The windows to the bathroom and stair will be required to contain translucent glazing. It is considered unlikely that there will be privacy impacts from these windows as they are limited to a bedroom only with other windows provided as high sill or with translucent glazing.

Precedence

The approval of the application will set precedence for similar applications.

Comment: Affordable rental housing is permitted in residential zones under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 which has been established by the State Government. As such there may be other development applications lodged for similar developments. Council cannot mandate the number of development applications lodged under these provisions and is required to assess each application on its merits and in accordance with the relevant requirements.

Overshadowing

The development will overshadow adjoining developments.

Comment: The proposed development complies with the solar access requirements of Development Control Plan No 1 in that the principal private open space area of adjoining developments will receive at least 3 hours sunlight between 9am and 3pm on 21 June. The windows on the side elevations of the adjoining developments will also receive sunlight for at least 3 hours on 21 June.

Undesirable residents

The type of housing proposed can unfortunately increase the risk of undesirable residents and with a school and shops in close proximity it is inappropriate.

Comment: The proposed development falls under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009. Affordable rental housing is permitted in residential zones under these provisions that have been established by the State Government.

The applicant’s planning consultant has submitted the following information in relation to the proposed tenants of the development:

Neighbour submissions on affordable housing proposals have sometimes cited concerns regarding the possibility of anti-social behaviour by residents. The residents will generally be people from Hurstville City and surrounding areas who for a range of circumstances require accommodation that is more affordable than is available on the private rental market.

It is anticipated that they will largely comprise working people in low and middle income occupations and pensioners. Reviews undertaken for SGCH on other projects indicate that around 70% are likely to be middle income earners and only 3% are likely to be unemployed. There is no rational basis to suggest that this group of people would behave any differently because they are living within this development rather than their current accommodation in the general community. The Land and Environment Court has consistently rejected fear or concern without rational basis as grounds of refusal.

Balconies and lighting

The proposed front balconies will result in privacy impacts to the dwellings across the road as there is a direct line of sight. Security lighting will also cast light into rooms. We currently have issues with headlights from cars beaming into the rooms.

Comment: A balcony is proposed to the front first floor elevation of each dwelling. The balconies are unlikely to result in privacy impacts as the views from the balconies are to the street and to the front setback areas of adjoining developments. Views to dwellings on the opposite side of the street are distant and obstructed by the existing street trees which will be retained. The beaming of car headlights can occur with any car in any location and is not specific to the proposed development only. Issues relating to security lighting cannot be foreseen at this stage of the development, however if an issue does arise it can be addressed at that time.

Traffic congestion

There is development proposed within the vicinity of the site including dual occupancy developments and a Child Care Centre. Should these be approved there will be increased congestion.

Comment: The proposed development is permissible in the zone and has been assessed against the requirements that are relevant to infill affordable rental housing including car parking and traffic generation. Other development applications have been lodged for development in the vicinity of the subject site, and these applications have to also be assessed against the relevant requirements and in accordance with the provisions of the Environmental Planning and Assessment Act.

Mis-information on application

The application has been changed and does not make sense. The development is for an attached dual occupancy development but the design of the development is the same and four (4) entrances are proposed. Residents cannot make an objective decision on the application as the information changes but the “correct” information hasn’t been submitted to Council.

Comment: The application has been amended from that originally proposed and now comprises an attached dual occupancy development. The applicant was advised that legal advice received by Council confirmed that the original development which comprised four (4) dwellings (an attached dual occupancy and attached secondary dwellings) was not permissible under the provisions of the Hurstville Local Environmental Plan 2012. In response to this, the applicant amended the proposal so to delete the secondary dwellings. The amended plans and information submitted were notified to residents. There was an issue with the information provided to residents as part of the notification process, and in response to this, the notification period was extended to allow residents additional time to consider the amended development.

The proposed development has been redesigned to provide two (2) dwellings only, and this is the development that has to be considered in the assessment of this application. It is agreed that the door provided to the side elevation of each dwelling is not required and this should be deleted as identified in the report above. Accordingly, a condition of consent has been provided in the recommendation requiring this.

Council Referrals

Team Leader Subdivision and Development

The application was referred to Council’s Team Leader Subdivision and Development who has raised no objection subject to conditions of consent being attached to any consent granted.

External Referrals

No external referrals were required for this application.

6. CONCLUSION

The application seeks permission for the demolition of existing structures and construction of an attached dual occupancy to be used as affordable rental housing under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009. The development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies except in the excavation and fill to the site which is a result of the topography of the site.

The submissions received to the application, have been discussed in the report. Accordingly the application is recommended for approval subject to conditions of consent.

DETERMINATION

THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants deferred commencement consent to Development Application DA2015/0021 for the demolition of existing structures and construction of an attached dual occupancy to be used as affordable rental housing under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 on Lot 5 DP 23120 and known as 3 Ogilvy Street Peakhurst subject to the attached conditions:

The Development Application described above has been determined by the granting of a Deferred Commencement Consent subject to the conditions specified in this notice.

This Development Application is a Deferred Commencement Consent under Section 80(3) of the Environmental Planning and Assessment Act (as amended) 1979. Strict compliance is required with all conditions appearing in Schedule 1 within twelve (12) months from the Determination Date of this consent. Upon confirmation in writing from Hurstville City Council that the Schedule 1 Conditions have been satisfied, the consent shall commence to operate as a Development Consent for a period of five (5) years from the Determination Date of this consent.

Schedule 1

A. DEF1001 - Deferred Commencement - Registration of Stormwater Easement - The person with the benefit of the consent may be required to acquire an Easement to Drain Water to connect to/through the drainage easement located at the rear of the site within Johnstone Reserve.

The consent is not to operate until evidence of registration of the easement to drain water benefitting the land the subject of this consent and burdening the title of each such other property/ies is provided to Council.

B. DEF1002 - Deferred Commencement - The person with the benefit of the consent must obtain separate Development Consent for any drainage works that are required to be carried out within the Easement to Drain Water. The written consent of each of the owners of the property/ies burdened by the Easement will be required for each development application to carry out the drainage works on the burdened lot/s.

The consent is not to operate until development consent is obtained for the whole of the drainage works within the Easement(s) to drain water.

Documentary evidence as requested or the above information must be submitted within 12 months of the granting of this deferred commencement consent. Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

Subject to A and B above being satisfied, a development consent be issued subject to the following conditions:

Schedule 2

DEVELOPMENT CONSENT is granted to the Development Application described above, subject to the conditions in Schedules A, B and C.

Consent Operation - This consent operates from the date of endorsement set out in this notice and will lapse five (5) years after that date, unless development has commenced within that time, pursuant to the provisions of the Sections 83, and 95 of the Act.

Right of Review – If you are dissatisfied with this decision, you may request a review of the determination under Section 82A of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within six (6) months of the date of this Notice of Determination and be accompanied by the relevant fee. You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application (Section 82A is not applicable to Integrated or Designated Development).

Right of Appeal – Alternatively, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the NSW Land and Environment Court within six (6) months of the endorsement date on this notice.

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

Reference No.	Date	Description	Revision	Prepared by
Project No 13076SYD Drawing No DD-400	10 Jul 15	Site and roof plan	5	Mode Design
DD401	10 Jul 15	Lower ground floor and ground floor	5	Mode Design
DD402	10 Jul 15	Level 1	5	Mode Design
DD410	10 Jul 15	East and north elevations	3	Mode Design
DD411	10 Jul 15	West and south elevations	3	Mode Design
DD430	10 Jul 15	Section AA	5	Mode Design
LSC-460, 461	Jun 15	Overall landscape plan and tree survey plan, Tree planting detail	-	Mode Design
DD470	Sep 14	External finishes schedule	1	Mode Design
01/2013	13 May 13	Arboricultural Pre-Development Tree Assessment Report	-	Urban Landscape Planners Pty Ltd Arboricultural Consultants
-	Rec 4 Feb 15	Waste management plan (demolition and construction only)	-	-
19200	18 Feb 13	Plan showing selected detail and levels	-	Norton Survey Partners

Payments must be made prior to the issue of the Construction Certificate or prior to the commencement of work (if there is no associated Construction Certificate).

(a) Fees to be paid:

Fee types, bonds and contributions

Fee Type

Long Service Levy (to Long Service Corporation)

Builders Damage Deposit

Inspection Fee for Refund of Damage Deposit

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

PCA Services Fee	$2,069.62
Construction Certificate Application Fee	$2,069.62
Construction Certificate Imaging Fee	$172.00

4. GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00.

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $140.00.

(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

SEPARATE APPROVALS UNDER OTHER LEGISLATION

5. APR2000 - Development Assessment - Torrens Title Subdivision of a Dual Occupancy Development - A separate development application is required to be lodged with Hurstville City Council for the Torrens Title Subdivision. This development application can only be lodged and determined after an Occupation Certificate has been issued for the Dual Occupancy development.

6. APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f) Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

(i) Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j) Stormwater and ancillary works in the road reserve; and

(k) Stormwater and ancillary to public infrastructure on private land

(l) If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at: www.hurstville.nsw.gov.au

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

7. APR6002 - Engineering - Vehicular Crossing - Minor Development - Constructing a vehicular crossing and/or footpath requires a separate approval under Section 138 of the Roads Act 1993 prior to the issue of the Construction Certificate.

To apply for approval, complete the Driveway Crossing on Council Road Reserve Application Form which can be downloaded from Hurstville Council’s Website: www.hurstville.nsw.gov.au

8. APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

9. GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

A "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

The “Notice of Requirements” must be submitted prior to the commencement of work.

10. GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

(a) All bathroom, ensuite and stairwell windows are to contain translucent glazing.

(b) The door to each dwelling located on the side elevation off the landing is to be deleted, so that there is no additional access to the development from the side elevation.

(c) A storage area minimum 6 cubic metres is to be provided to each dwelling in accordance with the requirements of Hurstville Development Control Plan No 1.

(d) The front façade of the development is to be amended so that each dwelling does not present as a mirror reverse of the other.

The above conditions of consent have been attached to the consent to mitigate privacy impacts to adjoining developments and so that the development is consistent with the requirements and objectives of Hurstville Development Control Plan No 1.

12. CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure: