Agenda of Independent Hearing and Assessment …...2018/07/04 · Independent Hearing and Assessment Panel 4 July 2018 Page 7 1-18 Clause 6.14 - Landscape Area Site area 746.1m2 Minimum

Business Paper

Independent Hearing and Assessment

Panel

Wednesday, 4 July 2018

Electronic Determination meeting

Independent Hearing and Assessment Panel 4 July 2018

Page 2

ORDER OF BUSINESS

1. DISCLOSURES OF INTEREST

2. REPORTS FROM OFFICERS

IHAP041-18 CONSTRUCTION OF AN ATTACHED AWNING

(E-DETERMINATION)

IHAP042-18 ALTERATIONS AND ADDITIONS TO EXISTING RETAINING WALL

AND FRONT FENCE AND CONSTRUCTION OF A NEW RETAINING

WALL AND FENCE

(E-DETERMINATION)


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IHAP041-18 PROPOSAL: CONSTRUCTION OF AN ATTACHED AWNING

(E-DETERMINATION)

PROPERTY: LOT129 DP 25920 (NO. 26) FOURTH AVENUE,

LOFTUS

APPLICANT: ATS AWNINGS AND ADDITIONS

FILE NUMBER: DA18/0246

Attachments: Appendix A,⇩ Appendix B⇩ and Appendix C⇩

REASON FOR THE REPORT

This application is referred to the Independent Hearing and Assessment Panel (IHAP) because the

proposal involves a pre-existing variation greater than 10% to the landscaped area development

standard.

PROPOSAL

The application is for the construction of an attached awning over existing uncovered verandah at the

above property.

ASSESSMENT OFFICER’S RECOMMENDATION

THAT:

1. Pursuant to the provisions of Clause 4.6 of Sutherland Shire Local Environmental Plan 2015,

the written submission in relation to the variation to the minimum landscaped area satisfies

the relevant provisions of Clause 4.6 and is therefore supported. It is recommended that the

provisions of Clause 4.6 be invoked and that the minimum landscaped area development

standard be varied to 32.7%, in respect to this application.

2. That Development Application No. 18/0246 for construction of an attached awning at Lot 129

DP 25920 26 Fourth Avenue, Loftus be approved, subject to the conditions contained in

Appendix “A” of the report.


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ASSESSMENT OFFICER’S COMMENTARY

DESCRIPTION OF PROPOSAL

An application has been received for the construction of an attached awning at the above property.

The awning is proposed to be located above the existing front verandah above the garage. The

proposal does not impact the existing setbacks, which are 12.711m from the street (front); side

setbacks of 5.246m (east) and 1.15m (west) and the rear setback of 33.872m.

A site plan is provided below.

Figure 1: Site plan indicating the location of proposed development.

SITE DESCRIPTION AND LOCALITY

The subject site is located on the southern side of Fourth Avenue in Loftus and slopes to the street.

The site is irregular in shape with a front boundary width of 16.154m and a site area of 746.1m2.

Existing on the site is a two storey dwelling house, inground swimming pool and garden shed.


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The site is surrounded by predominately low density housing consisting of single and two storey

dwellings with brick and weatherboard finishes. Adjoining development consists of single storey

dwellings to the western side and rear, and two storey dwellings to the eastern side.

An aerial photo is provided below.

Figure 2: Aerial photo of the subject site and its surrounds.

BACKGROUND

A history of the development proposal is as follows:

The current application was submitted on 06 March 2018.

The application was placed on exhibition, with the last date for public submissions being 05

April 2018.


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The requested Clause 4.6 variation statement was lodged on 23 April 2018 to justify the

variation to the minimum landscape area development standard.

ADEQUACY OF APPLICANT’S SUBMISSION

In relation to the Statement of Environmental Effects, plans and other documentation submitted with

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

Council to enable an assessment of this application, including a written request to vary the minimum

landscaped area development standard under Clause 4.6 of Sutherland Shire Local Environmental

Plan 2015.

PUBLIC PARTICIPATION

The application was advertised in accordance with the provisions of Chapter 42 of Sutherland Shire

Development Control Plan 2015 (SSDCP 2015).

Council notified 8 adjoining or affected owners of the proposal and 0 (zero) submissions were

received.

STATUTORY CONSIDERATIONS

The subject land is located within Zone E4 Environmental Living pursuant to the provisions of

Sutherland Shire Local Environmental Plan 2015. The proposed development, being the construction

of an attached awning, is a permissible land use within the zone with development consent from

Council.

The following Environmental Planning Instruments (EPIs), Draft EPIs, Development Control Plans

(DCPs), Codes or Policies are relevant to this application:

Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015).

Sutherland Shire Development Control Plan 2015 (SSDCP 2015).

COMPLIANCE

The compliance table below contains a summary of applicable development standards and controls

and a compliance checklist relative to these:

Sutherland Shire Local Environmental Plan 2015

CLAUSE REQUIRED PROPOSAL COMPLIANCE NOTES

Clause 4.3 –

Height of

Buildings

Maximum 8.5m

<8.5m Yes


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Clause 6.14 -

Landscape Area

Site area 746.1m2

Minimum 40%

298.44m2

32.7%

243.8m2

No

18.3%

Variation

Variation is

pre-existing;

No change to

existing

landscaped

area.

CHAPTER 2:

B. Dwellings Houses in the E4 Environmental Living Zone

Sutherland Shire Development Control Plan 2015

REQUIRED PROPOSAL COMPLIANCE NOTES

2.2 Building Setbacks

2.2.2:

Street setback:

7.5m or the established street

setback

6.0m (Greenhills Beach)

3.0m (Secondary street)

4.0m (Internal lot)

Side setback:

1.5m

Rear setback:

6.0m

4.0m (Internal lot)

Street setback

12.711m

Side setback

5.246m (east)

1.150m (west)

Rear setback

33.872m

No

Western

side

setback is

in line with

the existing

setback.

2.2.6. Side setback may be

reduced to 900mm for alts and

adds to dwellings that have an

existing side setback of 900mm –

subject to not impeding emergency

access.

Western side setback in line with

the existing setback. Yes

3.2 Landform

3.2.1. Development is to be

located so that:

a) Clearing of vegetation is

avoided.

Development is over an existing

verandah. Yes


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b) A stable building footprint can

be established that:

I. Does not rely on cut or fill, or

any other form of terracing,

II. Avoids the location of

buildings over slopes greater

than 18 degrees or 33%,

and

III. Uses, where practical, a

natural flat area.

6.2 Visual and Acoustic Privacy

6.2.1. Locate, orientate and design

new development to ensure visual

privacy between buildings, and

between buildings and adjacent

POS areas.

Proposed awning will not affect

the privacy of adjacent

neighbours.

Yes

ASSESSMENT

A detailed assessment of the application has been carried out having regard to the Heads of

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

following matters are considered important to this application.

Landscaped Area

The proposed development fails to comply with the development standard for landscaped area.

Clause 6.14 (3) of SSLEP 2015 stipulates a minimum landscaped area of 40% or 298.44m2 for this

site.

The development proposes a landscaped area of 32.7% or 243.8m2 which fails to provide the

minimum required by approximately 7.3% or 54.64m2.

The objectives of the landscaped area development standard set out in Clause 6.14 of SSLEP 2015

are as follows:

(a) to ensure adequate opportunities exist for the retention or provision of vegetation that

contributes to biodiversity and, in the case of trees, enhances the tree canopy of Sutherland

Shire,

(b) to minimise urban run-off by maximising permeable areas on the sites of development,

(c) to ensure that the visual impact of development is minimised by appropriate landscaping and

that the landscaping is maintained,


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(d) to ensure that landscaping carried out in connection with development is sufficient to

complement the scale of buildings, provide shade, screen parking areas and enhance workforce

amenities.

In consideration of these objectives, the proposed development retains the existing vegetation with no

further reduction in landscaped area. Additionally, the proposed awning will reduce urban run-off by

capturing and disposing of stormwater which would otherwise fall on the existing verandah and

contribute to the sites run-off.

Despite the landscaped area remaining unchanged, the proposal demonstrates a net improvement in

the sites ability to achieve the objectives of Clause 6.14 of SSLEP 2015.

The proposed development is located within Zone E4 Environmental Living. The objectives of this

zone are as follows:

To provide for low-impact residential development in areas with special ecological,

scientific or aesthetic values.

To ensure that residential development does not have an adverse effect on those

values.

To allow for development that preserves and enhances the natural landscape setting of

the locality.

To protect and restore trees, bushland and scenic values particularly along ridgelines

and in other areas of high visual significance.

To ensure the character of the locality is not diminished by the cumulative impacts of

development.

To minimise the risk to life, property and the environment by restricting the type or level

and intensity of development on land that is subject to natural or man-made hazards.

To allow the subdivision of land only if the size of the resulting lots makes them capable

of development that retains or restores natural features while allowing a sufficient area

for development.

To share views between new and existing development and also from public space.

The proposed awning is over an existing verandah and will result in an area that is more practical for

the occupants and visitors of the subject site, whilst not resulting in additional impacts. The proposal

retains the existing landscaped area and character of the locality. The deficient landscaped area does

not prevent the existing dwelling from meeting the relevant objectives above.

The applicant has lodged a written request in accordance with the requirements of Clause 4.6 of

SSLEP 2015.


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A full copy of this request is on the file and the most relevant section is reproduced below:

“Our proposal will not take away any existing soft landscape areas such as plants trees

and grass areas. In fact more pots plants will be placed on the patio area.”

The applicant’s written submission demonstrates that compliance with the landscaped area

development standard is unreasonable or unnecessary in the circumstances of the case. It also

demonstrates sufficient environmental planning grounds to justify varying this development standard.

The proposed development is in the public interest as the proposal complies with the objectives for

both landscaped area and the E4 zone.

The proposed variation does not raise any matters of State or regional environmental planning

significance. In addition there is no public benefit to maintain the landscaped area development

standard in the circumstances of this case.

In conclusion the variation to the landscaped area development standard satisfies all relevant parts of

Clause 4.6 and therefore the variation can be supported.

Side Boundary Setback

The proposed awning shows a side setback of 1.15m from the western boundary. The SSDCP 2015

specifies a minimum side boundary setback of 1.5m for additions to existing dwellings in the E4 zone.

This results in a non-compliance of 0.35m which represents a 23% non-compliance with the

development control.

It is considered that strict compliance with the standard would be unreasonable and unnecessary for

the following reasons:

The proposed awning is proposed to follow the footprint of the existing dwelling and will be in

line with the existing dwelling. The existing dwelling has a reduced side setback of 1.15m and

the proposed awning will follow this existing setback.

The proposed awning will be located above the existing verandah and it is not expected that

there will be any additional privacy impacts on adjoining neighbours associated with the

construction of the awning over the verandah.

The extent of the non-compliance will have minimal impact to the streetscape and character of

the area.


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Stormwater Management

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

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

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

addressed to Council’s satisfaction.

Urban Design (Residential Buildings)

Clauses 6.16 and 6.17 of SSLEP 2015 contain certain matters of consideration relating to urban

design. The relevant matters have been considered as a part of the assessment of the application and

the proposal is considered to be acceptable.

Archaeological Sensitivity

Council records indicate that the subject site is rated medium in terms of Archaeological Sensitivity. A

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

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

undertaken.

SECTION 7.12 CONTRIBUTIONS

Due to its nature, the proposed development will not require or increase the demand for local and

district facilities within the area. Accordingly, it does not generate any Section 7.12 contributions.

DECLARATIONS OF AFFILIATION, GIFTS AND POLITICAL DONATIONS

Section 10.4 of the Environmental Planning and Assessment Act, 1979 requires the declaration of

donations/gifts in excess of $1000. In addition Council’s development application form requires a

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

made.

CONCLUSION


Sutherland Shire Local Environmental Plan 2015. The proposed development, being the construction

of an attached awning, is a permissible land use within the zone with development consent.

In response to public exhibition, 0 submissions were received.

The proposal includes a variation to the development standard for landscaped area. This variation

has been discussed and is considered acceptable.

The application has been assessed having regard to the Heads of Consideration under Section 4.15

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


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

Development Application No. 18/0246 may be supported for the reasons outlined in this report.

The officer responsible for the preparation of this Report is the Manager, Development Assessment &

Certification (SW), who can be contacted on 9710 0333.

File Number: DA18/0246


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IHAP042-18 PROPOSAL: ALTERATIONS AND ADDITIONS TO EXISTING

RETAINING WALL AND FRONT FENCE AND

CONSTRUCTION OF A NEW RETAINING WALL AND

FENCE

(E-DETERMINATION)

PROPERTY: LOT 101 DP 1008214 (NO. 2) SILVEREYE COURT,

WORONORA HEIGHTS

APPLICANT: J L DESIGN

FILE NUMBER: DA18/0288

Attachments: Appendix A,⇩ Appendix B⇩ and Appendix C⇩

REASON FOR THE REPORT

This application is referred to the Independent Hearing and Assessment Panel (IHAP) because the

proposal involves a pre-existing variation greater than 10% to the landscaped area development

standard.

ASSESSMENT OFFICER’S RECOMMENDATION

THAT:

1. Pursuant to the provisions of Clause 4.6 of Sutherland Shire Local Environmental Plan 2015,

the written submission in relation to the variation to the minimum landscaped area satisfies

the relevant provisions of Clause 4.6 and is therefore supported. It is recommended that the

provisions of Clause 4.6 be invoked and that the minimum landscaped area development

standard be varied to 32%, in respect to this application.

2. Development Application No. 18/0288 for alterations and additions to existing retaining wall

and front fence and construction of new retaining wall and fence at Lot 101 DP 1008214

2 Silvereye Court, Woronora Heights is approved, subject to the conditions contained in

Appendix “A” of the report.


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ASSESSMENT OFFICER’S COMMENTARY

DESCRIPTION OF PROPOSAL

An application has been received for a minor increase in height to an existing retaining wall, front

fence and construction of new retaining wall and fence at the above property. The ground level in

close proximity to the pool area will remain unchanged; however will be extended towards the northern

boundary. The proposed site plan is provided overleaf.

Figure 1: Site plan for the proposed development at 2 Silvereye Court WORONORA HEIGHTS.

SITE DESCRIPTION AND LOCALITY

Situated on the land is an existing two storey brick and tile finish dwelling with in ground pool situated

towards the rear of the site. The subject site is located off the western side of Silvereye Court. The site

is irregular in shape providing for a total site area of approximately 639m². The land falls slightly

towards the north of the site. The subject site is burdened by a drainage easement, and is identified as

bushfire prone land. There are no significant site features that would inhibit the proposed

development.

The street scape in the immediate vicinity of the subject land is characterised by housing of single and

two storey dwellings of various styles and finishes. Adjoining development consists of buildings of

similar scale and size as the existing development.


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Figure 2: Aerial photo of the subject site and its surrounds.

BACKGROUND

A history of the development proposal is as follows:

The current application was submitted on 14 March 2018.

The application was placed on exhibition, with no submissions were received as a result.

ADEQUACY OF APPLICANT’S SUBMISSION

In relation to the Statement of Environmental Effects, plans and other documentation submitted with

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

Council to enable an assessment of this application, including a written request to vary the landscaped

area development standard under Clause 4.6 of Sutherland Shire Local Environmental Plan 2015.

PUBLIC PARTICIPATION

The application was advertised in accordance with the provisions of Chapter 42 of Sutherland Shire

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

proposal and no submissions were received.

STATUTORY CONSIDERATIONS


Sutherland Shire Local Environmental Plan 2015. The proposed development, being retaining wall(s)

and boundary fencing works, is a permissible land use within the zone with development consent from

Council.

The following Environmental Planning Instruments (EPIs), Development Control Plan (DCP), Codes or

Policies are relevant to this application:

Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015).

Sutherland Shire Development Control Plan 2015 (SSDCP 2015).


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COMPLIANCE

The compliance table below contains a summary of applicable development standards and controls

and a compliance checklist relative to these:

Sutherland Shire Local Environmental Plan 2015

Clause / Requirement Requirement Proposed Complies? (% Variation)

Cl6.14 Landscaped Area: Min 40% 32% No (20%)

Sutherland Shire Development Control Plan 2015 : Chapter 34 – Ancillary Development

Part B Specific Forms of Development: 4 – Retaining Walls

B.4.1.1 Retaining walls heights Max 1.0m 3.2m No (220%)

B.4.1.2 Retaining walls setback: Min 1.0m 0.2m No (80%)

ASSESSMENT

A detailed assessment of the application has been carried out having regard to the Heads of

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

following matters are considered important to this application.

Landscaped Area

The proposed development fails to comply with the development standard for landscaped area.

Clause 6.14 (3) of Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015) stipulates a

minimum landscaped area of 40% (255m²) for this site. The subject site currently affords a landscaped

area of 32% (205m²), representing a pre-existing deficiency of 50m² or a variation of 20%.

The objectives of the landscaped area development standard set out in Clause 6.14 of SSLEP 2015

are as follows:

(a) to ensure adequate opportunities exist for the retention or provision of vegetation that

contributes to biodiversity and, in the case of trees, enhances the tree canopy of Sutherland

Shire,

(b) to minimise urban run-off by maximising permeable areas on the sites of development,

(c) to ensure that the visual impact of development is minimised by appropriate landscaping and

that the landscaping is maintained,

(d) to ensure that landscaping carried out in connection with development is sufficient to

complement the scale of buildings, provide shade, screen parking areas and enhance workforce

amenities.

The subject site currently dedicates a substantial hardstand area within the front setback due to the

location of the attached garage, and incorporates landscaped area as part of its private open space in

the side and rear yard. The subject site is not occupied by any trees; however vegetation exits and


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shall be retained along the street frontages screening the site from the road frontage. The proposed

development will allow for additional usability of the side and rear yard. Despite the pre-existing

deficiency in landscaped area, the subject site doesn’t allow adequate opportunities for the provision

of vegetation,

particular for tree planting due to existing structures on site. The proposed development will not impact

on any existing vegetation located on the subject site or on adjoining properties.

Zone E4 Environmental Living

To provide for low-impact residential development in areas with special ecological,

scientific or aesthetic values.

To ensure that residential development does not have an adverse effect on those

values.

To allow for development that preserves and enhances the natural landscape setting of

the locality.

To protect and restore trees, bushland and scenic values particularly along ridgelines

and in other areas of high visual significance.

To ensure the character of the locality is not diminished by the cumulative impacts of

development.

To minimise the risk to life, property and the environment by restricting the type or level

and intensity of development on land that is subject to natural or man-made hazards.

To allow the subdivision of land only if the size of the resulting lots makes them capable

of development that retains or restores natural features while allowing a sufficient area

for development.

To share views between new and existing development and also from public space.

The proposed development will have no additional impact in the ecological and aesthetic values of the

immediate locality. The proposed development, together with the existing structures on the subject

site, is of a scale and nature that maintains the natural landscape setting of the locality, and protects

and conserves existing vegetation and other natural features of the locality. As such, the proposed

development is considered to be consistent with the objectives of zone E4 Environmental living.

The applicant has lodged a written request in accordance with the requirements of Clause 4.6 of

SSLEP 2015. A full copy of this request is on the file and the most relevant section is reproduced

below:

“the proposed retaining walls/boundary fencing has been designed specifically for the

usability of the side and rear yard-”


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The applicant’s written submission demonstrates that compliance with the landscaped area

development standard is unreasonable or unnecessary in the circumstances of the case. It also

demonstrates sufficient environmental planning grounds to justify varying this development standard.

The proposed development is in the public interest as the proposal complies with the objectives for

both landscaped area and the E4 Environmental Living zone.

The proposed variation does not raise any matters of State or regional environmental planning

significance. In addition there is no public benefit to maintain the landscaped area development

standard in the circumstances of this case. In conclusion the variation to the landscaped area

development standard satisfies relevant parts of Clause 4.6 and therefore the variation can be

supported.

Earthworks

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

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

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

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

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

acceptable.

Urban Design (Residential Buildings)

Clauses 6.16 and 6.17 of SSLEP 2015 contain certain matters of consideration relating to urban

design. The relevant matters have been considered as a part of the assessment of the application and

the proposal is considered to be acceptable.

Bushfire

Council records indicate that the site is bushfire prone land. The proposed retaining walls and

colorbond fencing will screen the existing and modified boundary fencing; it is considered that no

specific bushfire related construction or controls are relevant to the proposed development.

Archaeological Sensitivity

Council records indicate that the subject site is rated medium in terms of Archaeological Sensitivity. A

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

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

undertaken.

Variation to Retaining wall setback/height

The proposed development incorporates a fill of approximately 3.2m and a setback of 0.2m

predominately along the northern boundary. The proposed development has been designed to allow

for additional usable side and rear yard. The outcome of this is positive in this particular case as;


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The proposal responds to the natural landform, minimise earthworks and minimise any spoil

removal and maintain the stability and integrity of geological elements in the vicinity of the site;

Proposal can be erected without affecting trees in adjoining properties;

The depth of footings is unlikely to affect groundwater; and

The proposed development is consistent with adjoining dwellings and will have a minimal

adverse impact on the streetscape.

SECTION 7.12 CONTRIBUTIONS

The proposed development has a value not greater than $100,000. As such, in accordance with

Council’s adopted Section 94A Development Contribution Plan 2016, the proposed development will

not attract Section 7.12 Contributions.

DECLARATIONS OF AFFILIATION, GIFTS AND POLITICAL DONATIONS

Section 10.4 of the Environmental Planning and Assessment Act, 1979 requires the declaration of

donations/gifts in excess of $1000. In addition Council’s development application form requires a

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

made.

CONCLUSION


Sutherland Shire Local Environmental Plan 2015. The proposed development, being retaining wall(s)

and boundary fencing works as ancillary structures to a dwelling house, is a permissible within the

zone with development consent.

The application was placed on public exhibition and no submissions were received. The application

includes a pre-existing variation to the landscaped area development standard. The pre-existing

variation has been discussed and is considered acceptable subject to the considerations detailed in

this report.

The application has been assessed having regard to the Heads of Consideration under Section

4.15(1) of the Environmental Planning and Assessment Act 1979. The application will not result in any

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

Development Application No.18/0288 is recommended to be supported for the reasons outlined in this

report.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Development Assessment &

Certification (DF) who can be contacted on 9710 0333.

File Number: DA18/0288.


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Documents

Agenda of Independent Hearing and Assessment …...2018/07/04 · Independent Hearing and Assessment Panel 4 July 2018 Page 7 1-18 Clause 6.14 - Landscape Area Site area 746.1m2 Minimum