Camden Local Planning Panel...restoration of a heritage listed dwelling at 100 Cobbitty Road, Cobbitty. The Panel is to exercise Council’s consent authority functions for this DA

Camden Local Planning Panel

Electronic Determination Meeting July 2019

This is the report submitted to the Camden Local Planning Panel – Electronic Determination - Page 2

CL

PP

01

CAMDEN LOCAL PLANNING PANEL

MATTER FOR DETERMINATION

CLPP01 Partial Demolition and Restoration of a Heritage Listed Dwelling - 100 Cobbitty Road, Cobbitty .................................................................. 3

Attachment 1: Recommended Conditions: ............................................. 11

Attachment 2: Proposed Plans: .............................................................. 17

Attachment 4: LEP Table: ...................................................................... 25

Attachment 5: Camden DCP Table: ....................................................... 27


CL

PP

01

CAMDEN LOCAL PLANNING PANEL CLPP01

SUBJECT: PARTIAL DEMOLITION AND RESTORATION OF A HERITAGE LISTED DWELLING - 100 COBBITTY ROAD, COBBITTY

TRIM #: 19/151863

DA Number: 2019/136/1

Development: Partial demolition and restoration of a heritage listed dwelling

Estimated Cost of Development:

$26,540.00

Site Address(es): 100 Cobbitty Road, Cobbitty

Applicant: Mohammad Sarwar Khan

Owner(s): Mohammad Sarwar Khan

Nusrat Farzana Khan

Number of Submissions: None

Development Standard Contravention(s):

None

Classification: Local

Recommendation: Approve, subject to conditions

Panel Referral Criteria: Partial demolition of a heritage item

Report Prepared By: Clare Aslanis (Executive Planner)

PURPOSE OF REPORT The purpose of this report is to seek the Camden Local Planning Panel’s (the Panel’s) determination of a development application (DA) for the partial demolition and restoration of a heritage listed dwelling at 100 Cobbitty Road, Cobbitty. The Panel is to exercise Council’s consent authority functions for this DA as, pursuant to the Minister for Planning’s Section 9.1 Direction, it includes the partial demolition of a dwelling which is listed as a Local Heritage Item “Windemere” (Item I88) pursuant to Schedule 5 of Camden Local Environmental Plan (LEP) 2010. SUMMARY OF RECOMMENDATION That the Panel determine DA/2019/136/1 for the partial demolition and restoration of a heritage listed dwelling pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979 by granting consent subject to the conditions attached to this report.


CL

PP

01

EXECUTIVE SUMMARY Council is in receipt of a DA for the partial demolition and restoration of a heritage listed dwelling at 100 Cobbitty Road, Cobbitty. The DA has been assessed against the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, relevant environmental planning instruments, development control plans and policies. The DA was publicly exhibited for a period of 14 days in accordance with Camden Development Control Plan (DCP) 2011. The exhibition period was from 8 March to 21 March 2019. No submissions were received. The proposal involves the partial demolition of a heritage listed building that has deteriorated and is in a state of disrepair. Whilst the proposed demolition works will result in some disturbance to the existing fabric of the building, Council’s Heritage Officer has determined that the extent of demolition comprises non-original spaces of comparatively minor significance that are substantially deteriorated due to termite damage. It is therefore assessed that the proposed works will not compromise the heritage integrity of the building. A Building Inspection Report and Termite Inspection Report were provided in support of the proposed partial demolition. The design of the restoration work and the new verandah are in accordance with the heritage controls contained within Part B3 of the Camden DCP 2011. The design will maintain consistency with the original building materials with the use of white weatherboards to match the existing boards and galvanised iron roofing, which was popular at the time of construction. Based on the assessment, it is recommended that the DA be approved subject to the conditions attached to this report.


CL

PP

01

AERIAL PHOTO

THE SITE The site is located at the fringe of the Cobbitty Village on the southern side of Cobbitty Road and is approximately 1.62Ha in area. The site contains a single storey inter-war cottage with later additions and a number of small outbuildings located across the site. The site is listed as a local heritage item (Item I88), pursuant to Camden LEP 2010. The inventory report outlines that:

“This dwelling is an increasingly rare remnant of Cobbitty’s growth and development, having been built in c1927, and still retaining a considerable amount of original fabric and significant landscaping.”

The subject site sits within a rural-residential setting with predominantly single dwellings on large lots to the immediate east and larger lots with rural uses to the west, north and south. The existing dwelling has evidence of significant termite damage with sections of walls and posts missing or deteriorated. The corrugated iron outbuildings are generally rusted and appear to be structurally unsound (as supported by the submitted building inspection report). These buildings pose an immediate threat to safety and have been cordoned off by the owner.


CL

PP

01

HERITAGE MAP

HISTORY The relevant development history of the site is summarised in the following table:

Date Development

1927 - 1942 Dwelling was constructed with subdivision to create the existing allotment, dwelling additions and outbuildings being added in the decades following.

1 June 2018 PDM/2018/45/1 – Pre-lodgement advice was sought for partial demolition of the dwelling, demolition of outbuildings, restoration of heritage listed dwelling and subdivision into two allotments with a new dwelling. The applicant was advised that the site would not meet minimum lot size requirements for subdivision or an additional dwelling.

10 August 2018

DA/2018/822/1 approved the demolition of a deteriorated shed

THE PROPOSAL DA/2019/136/1 seeks approval for the partial demolition and restoration of a heritage listed dwelling. Specifically, the development involves:

• Removal of: o the sunroom;

o a series of bedrooms on the western side of the dwelling;

o a number of lean-to buildings at the rear of the property;


CL

PP

01

o the rear verandah and concrete steps;

o the south-western ‘wing’, including the former bathroom, the hall and all

former bedrooms within this wing; o the western side verandah; and

o the corrugated iron garage and sheds, and the fences at the rear of the

main building.

• Restoration of the following aspects: o new exterior cladding will be installed on all exposed external walls using

white weatherboards to match the existing boards. o new galvanised iron roofing will be installed over the room on the front

north-eastern side of the main building and over the boiler room and the laundry at the rear; and

o new verandah to the rear of the building.

The estimated cost of the development is $26,540.00. ASSESSMENT Environmental Planning and Assessment Act 1979 – Section 4.15(1) In determining a DA, the consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the DA: (a)(i) the provisions of any environmental planning instrument The environmental planning instruments that apply to the development are:

• State Environmental Planning Policy No 55 - Remediation of Land;

• Camden Local Environmental Plan 2010; and

• Sydney Regional Environmental Plan No. 20 - Hawkesbury-Nepean River. State Environmental Planning Policy No 55—Remediation of Land (SEPP 55) Pursuant to Clause 7 of SEPP 55, Council has considered whether the land is contaminated. Given the history of uses on the site there is unlikely to be any contamination on the site and the site is considered suitable for the proposed use. No change of use is proposed and therefore no preliminary site investigation was required. Given the amount of proposed demolition works a hazardous building materials assessment must be undertaken to ensure that any hazardous materials (such as asbestos) are identified and properly managed. A condition to this effect has been included in the recommended conditions. The Waste Management Plan responds to expected waste on site but does not identify how asbestos waste will be treated. From the building inspection report asbestos materials were identified as existing on the site. As such the WMP is also conditioned to be updated to address asbestos waste disposal. Camden Local Environmental Plan 2010 (Camden LEP) Site Zoning


CL

PP

01

The site is partly zoned R5 Large Lot Residential and partly zoned RU1 Primary Production pursuant to Clause 2.2 of the Camden LEP. Permissibility The development is permitted with consent in the R5 and RU1 zones pursuant to Clause 2.7 and the land use table of the Camden LEP. Planning Controls An assessment table in which the development is considered against the Camden LEP’s planning controls is provided as an attachment to this report. Sydney Regional Environmental Plan No 20 - Hawkesbury-Nepean River (SREP 20) SREP 20 aims to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of future land uses are considered in a regional context. The development is consistent with the aim of SREP 20 and all of its planning controls. There will be no detrimental impacts upon the Hawkesbury-Nepean River system as a result of the development. (a)(ii) the provisions of any proposed instrument that is or has been the subject

of public consultation under this Act and that has been notified to the consent authority (unless the Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved)

Draft Environment State Environmental Planning Policy (Draft Environment SEPP) The development is consistent with the Draft Environment SEPP in that there will be no detrimental impacts upon the Hawkesbury-Nepean River system as a result of it. (a)(iii) the provisions of any development control plan Camden Development Control Plan (DCP) 2011 An assessment table in which the development is considered against the Camden DCP is provided as an attachment to this report. The proposal is fully compliant with the relevant sections of the DCP. (a)(iiia) the provisions of any planning agreement that has been entered into

under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4

No relevant planning agreement or draft planning agreement exists or has been proposed as part of this DA. (a)(iv) the regulations (to the extent that they prescribe matters for the purposes

of this paragraph) The Environmental Planning and Assessment Regulation 2000 prescribes several matters that are addressed in the conditions attached to this report.


CL

PP

01

(b) the likely impacts of the development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

As demonstrated by the assessment provided in this report, the development is unlikely to have any unreasonable adverse impacts on either the natural or built environments, or the social and economic conditions in the locality. Heritage Impacts The application was accompanied by a Heritage Impact Statement prepared by Dr Caroline Cosgrove. The HIS concluded that:

“The removal of the rooms in those parts of the building specified and the demolition of the garage, sheds and fences at the rear, will retain the original part of the former guest house in its setting ... It is considered that the proposed plans will not have a detrimental effect on the main part of the former guest house or its setting but will ensure the survival of the building.”

The design of the restoration work and verandah have been undertaken in accordance with the heritage controls contained within Part B3 of the Camden DCP 2011. The design will maintain consistency with the original building materials with the use of white weatherboards to match the existing boards and galvanised iron roofing, which was popular at the time of construction. The application has been reviewed by Council’s Heritage Officer who raised no objection to the proposal. (c) the suitability of the site for the development As demonstrated by the above assessment, the site is considered to be suitable for the development. (d) any submissions made in accordance with this Act or the regulations The DA was publicly exhibited for a period of 14 days in accordance with Camden Development Control Plan 2011. The exhibition period was from 8 March to 21 March 2019. No submissions were received. (e) the public interest The public interest is served through the detailed assessment of this DA under the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, environmental planning instruments, development control plans and policies. Based on the above assessment, the development is consistent with the public interest. EXTERNAL REFERRALS No external referrals were required for this DA. CONCLUSION The DA has been assessed in accordance with Section 4.15(1) of the Environmental Planning and Assessment Act 1979 and all relevant instruments, plans and policies.


CL

PP

01

The DA is recommended for approval subject to the conditions attached to this report.

RECOMMENDED

That the Panel approve DA/2019/136/1 for the partial demolition and restoration of a heritage listed dwelling at 100 Cobbitty Road, COBBITTY subject to the conditions attached to this report. REASONS FOR DETERMINATION

1. The development is, subject to the recommended conditions, consistent with the objectives of the applicable environmental planning instruments, being State Environmental Planning Policy No 55 - Remediation of Land, Camden Local Environmental Plan 2010 and Sydney Regional Environmental Plan No 20 - Hawkesbury-Nepean River.

2. The development is, subject to the recommended conditions, consistent with the objectives of the Camden Development Control Plan 2011.

3. The development is considered to be of an appropriate scale and form for the site

and the character of the locality. 4. The development is, subject to the recommended conditions, unlikely to have any

unreasonable adverse impacts upon the natural or built environments.

5. In consideration of the aforementioned reasons, the development is a suitable and planned use of the site and its approval is within the public interest.

ATTACHMENTS 1. Recommended Conditions 2. Proposed Plans 3. Floor Plans - Supporting Document 4. LEP Table 5. Camden DCP Table

Attachment 1 Recommended Conditions


Att

ach

men

t 1

C

LP

P01



Att

ach

men

t 1

C

LP

P01



Att

ach

men

t 1

C

LP

P01



Att

ach

men

t 1

C

LP

P01



Att

ach

men

t 1

C

LP

P01



Att

ach

men

t 1

C

LP

P01

Attachment 2 Proposed Plans


Att

ach

men

t 2

C

LP

P01



Att

ach

men

t 2

C

LP

P01



Att

ach

men

t 2

C

LP

P01



Att

ach

men

t 2

C

LP

P01



Att

ach

men

t 2

C

LP

P01



Att

ach

men

t 2

C

LP

P01



Att

ach

men

t 2

C

LP

P01



Att

ach

men

t 2

C

LP

P01

Attachment 4 LEP Table


Att

ach

men

t 4

C

LP

P01

Attachment 4 LEP Table


Att

ach

men

t 4

C

LP

P01

Attachment 5 Camden DCP Table


Att

ach

men

t 5

C

LP

P01



Att

ach

men

t 5

C

LP

P01



Att

ach

men

t 5

C

LP

P01

Documents

Camden Local Planning Panel...restoration of a heritage listed dwelling at 100 Cobbitty Road, Cobbitty. The Panel is to exercise Council’s consent authority functions for this DA