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Cumberland Council

Cumberland Independent Hearing and Assessment Panel Meeting – 10 August 2016 1

A meeting of the Cumberland Independent Hearing and Assessment Panel (CIHAP) will be

held at 11:30am at the Merrylands Administration Building, 16 Memorial Avenue, Merrylands

on Wednesday, 10 August 2016.

Business as below:

Yours faithfully

CUMBERLAND COUNCIL

ORDER OF BUSINESS

1. Receipt of Apologies

2. Declarations of Interest

3. Address by Invited Speakers

4. Correspondence and Officers' Reports:

- Development Applications

- Planning Proposals

Cumberland Council


{THIS PAGE INTENTIONALLY LEFT BLANK}

Cumberland Council


CONTENTS

Report No. Name of Report Page No.

Development Applications

C009/16 39 Clyde Street, Guildford ................................................................................... 5

C010/16 16 Frances Street, Lidcombe .......................................................................... 61

C011/16 8-10 Clarence Street, Lidcombe ...................................................................... 93

C012/16 6-14 Park Road, Auburn ................................................................................. 179

Planning Proposals

C013/16 Planning Proposal for 23-27 Lytton Street Wentworthville (Northside

West Clinic Site) – Post Exhibition Report ..................................................... 191

C014/16 Planning Proposal for 11-19 Centenary Road, Merrylands (St Vincent

de Paul site) - Post Exhibition Report ............................................................ 203

C015/16 Planning Proposal Request for 37-39 Pavesi Street, Smithfield ................ 215

Cumberland Council



C009/16 Cumberland Council


39 Clyde Street, Guildford

Responsible Department: Development, Environment and Infrastructure

Officer: Ashleigh Matta

File Number: 2016/10

Delivery Program Code: 11.2.1 Ensure Development is consistent with LEP and

DCP requirements and vision

Application lodged 18 January 2016

Applicant Mr Leo Wang

Owner Dreamland Capital Pty Ltd

Application No. 2016/10

Description of Land 39 Clyde Street, Guildford (Lot 5 & 6 in Deposited Plan

734)

Proposed Development Alterations and additions including a first floor addition to

an existing dwelling house and its use as a 9 room boarding

house under Affordable Rental Housing SEPP 2009, for 9

boarders.

Site Area 449.7m2

Zoning R3 Medium Density

Disclosure of political

donations and gifts

Nil disclosure

Heritage No

Issues Public submissions

SUMMARY

1. Development Application 2016/10 was received on 18 January 2016 for the

alterations and additions including a first floor addition to an existing dwelling house

and its use as a 10 room boarding house under Affordable Rental Housing SEPP

2009.

2. The application was publicly notified to adjoining and opposite owners, a notice was

placed in the local press and a notice placed on the site for 14 days from 27 January

to 10 February 2016. In response, the application received four submissions and a

petition with 29 signatures. The submissions included a letter from State Member for

Granville, Ms Julie Finn MP. The submissions raised concerns regarding

overshadowing, criminal activity, traffic, parking, waste storage, illegal development

and privacy.

3. Between 14 March 2016 and 21 June 2016 Council received various amended plans

and additional information for the proposed boarding house to address Council’s

concerns regarding privacy, overshadowing, plan of management and parking

dimensions. The application has been modified since lodgement. Modifications

include the reduction in the number of rooms (10 to 9 rooms), increase in the side

setbacks, changes to windows (highlight) and changes to the internal layout.

4. The application is recommended for conditional approval subject to the conditions as

nominated within the attached schedule.



5. The application was deferred at the 13 July 2016 CIHAP meeting due to an

administrative error. The applicant, owner and objectors have now been notified of

the 10 August 2016 CIHAP meeting.

REPORT

Introduction

Subject Site and surrounding area

The subject site is known as 39 Clyde Street, Granville and is legally described as Lot 5 &

6 in Deposited Plan 734. The site is located on the western side of Clyde Street within the

R3 Medium Density Residential zone. The site is a regular midblock with a frontage of

13.412m to Clyde Street and a site area of 449.7m². The site currently contains a single

storey dwelling house.

Adjoining development includes single storey dwelling houses to the north, south and west

(rear). The Esplanade Reserve, zoned RE1 Public Recreation, is located to the east across

Clyde Street.

Locality Plan

Shaded site is 39 Clyde Street (Locality)



39 Clyde Street (Aerial)

Subject site



Description of the proposed development

Council has received a Development Application for alterations and additions including a

first floor addition to an existing dwelling house and its use as a 9 room boarding house

under Affordable Rental Housing SEPP 2009.

Key features of the development proposal are as follows:-

A total of 9 rooms, 5 of which are self-contained rooms;

Two adaptable rooms;

Two tandem car spaces within a garage;

Two motorbike spaces;

Two bicycle spaces;

Two communal indoor recreation rooms; one on the ground floor and one on the first

floor;

A communal outdoor open space area to the rear; and

Maximum 9 residents at any one time.

History

Date Action

18/01/2016 The application was lodged.

19/01/2016 The application was referred to the following internal sections:

Building

Traffic

Access

Engineering

Environmental Health Unit

Social Planning

Waste management

Landscaping

27/01 -

10/02/2016

Application placed on public notification for 14 days. The notification

generated 4 submissions and a petition with 29 signatures in respect of

the proposal. The issues raised in the public submissions included:

Privacy

Overshadowing

Housing commission and criminal activity

Traffic and parking

Waste storage

Illegal development

Overdevelopment

14/03/2016 The application was deferred for the following reasons:

Privacy

Overshadowing

Parking dimensions

Universal Housing and Accessibility

Setbacks

Waste storage area

Laundry facilities



1/04/2016 Amended plans and additional information submitted to Council.

Summary of amendments:

Reduction in the number of rooms from 10 to 9;

An increase in the first floor side setback to the southern boundary from

900mm to 2m and 3m;

Internal modifications to increase the length of the garage;

Changes to the first floor windows to be highlight windows with a sill height

of 1.5m above FFL and louvres up to 1.7m above FFL; and

Changes to two rooms on the ground floor to be adaptable rooms.

The application did not require re-notification as the amended

application is considered to be substantially the same development and

does not result in a greater environmental impact.

4/4/2016 The application was referred back to the internal sections for review.

7/4/2016 Council’s Social Planner requested an amended Plan of Management.

21/6/2016 An amended Plan of Management was submitted to Council.

13/07/2016 Application referred to CIHAP for determination.

Applicants Supporting Statement

The applicant has provided a Statement of Environmental Effects prepared by Enhance dated

January 2016 and was received by Council on 18 January 2016 in support of the application.

Contact with relevant parties

The assessing officer has undertaken a site inspection of the subject site and surrounding

properties and been in regular contact with the applicant throughout the assessment process.

Internal Referrals

Development Engineer

The Development Application was referred to Council’s Development Engineer for

comment who has raised no objections to the proposed development.

Building Surveyor

The Development Application was referred to Council’s Building Surveyor for comment

who has raised no objections to the proposed development subject to conditions of

consent.

Landscape Officer

The Development Application was referred to Council’s Landscape Officer for comment

who has raised no objections to the proposed development.

Traffic

The Development Application was referred to Council’s Traffic Engineer for comment who

has raised no objections to the proposed development.

Environmental Health



The Development Application was referred to Council’s Environmental Health Officer for

comment who has raised no objections to the proposed development subject to

conditions of consent.

Environmental Health (waste)

The Development Application was referred to Council’s Environmental Health Officer for

comment who has raised no objections to the proposed development.

Social Planner

The Development Application was referred to Council’s Social Planner for comment who

raised concerns with the plan of management (POM). Council’s Social Planner has

recommended that a condition be included in the consent requiring the POM to be vetted

by a lawyer to ensure the document is consistent with the Boarding Houses Act. The POM

is to be submitted and approved by Council’s Social Planner prior to the issue of any

Occupation Certificate.

Planning Comments

The provisions of any Environmental Planning Instruments (EP& A Act s79C(1)(a)(i))

State Environmental Planning Policies

The proposed development is affected by the following State Environmental Planning

Policies:

(a) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A BASIX Certificate (No. A239220_03) has been submitted with the application and

demonstrates that the proposed development meets the required water, thermal comfort

and energy targets. The BASIX Commitments specified in the BASIX Certificate and

nominated on the architectural drawings will need to be incorporated into the construction

and fit-out of the development. A condition to require the BASIX commitments to be

implemented in the construction of the development will be included in the recommended

conditions of consent. As such, the panel can be satisfied that the sustainability obligations

under the SEPP have been met.

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

The requirement at Clause 7 of SEPP No. 55 for Council to be satisfied that the site is

suitable or can be made suitable to accommodate the proposed development has been

considered in the following table:

Matter for consideration Yes/No

Does the application involve re-development of the site or a change of

land use?

Yes

No Is the development going to be used for a sensitive land use (eg: residential,

educational, recreational, childcare or hospital)? Yes

No



Matter for consideration Yes/No Does information available to you indicate that an activity listed below has ever

been approved, or occurred at the site?

acid/alkali plant and formulation, agricultural/horticultural activities, airports,

asbestos production and disposal, chemicals manufacture and formulation,

defence works, drum re-conditioning works, dry cleaning establishments,

electrical manufacturing (transformers), electroplating and heat treatment

premises, engine works, explosive industry, gas works, iron and steel works,

landfill sites, metal treatment, mining and extractive industries, oil production

and storage, paint formulation and manufacture, pesticide manufacture and

formulation, power stations, railway yards, scrap yards,

service stations, sheep and cattle dips, smelting and refining, tanning and

associated trades, waste storage and treatment, wood preservation

Yes

No

Is the site listed on Council's Contaminated land database? Yes

No

Is the site subject to EPA clean-up order or other EPA restrictions? Yes

No

Has the site been the subject of known pollution incidents or illegal

dumping?

Yes

No

Does the site adjoin any contaminated land/previously contaminated

land?

Yes

No Has the appropriate level of investigation been carried out in respect of

contamination matters for Council to be satisfied that the site is suitable to

accommodate the proposed development or can be made suitable to

accommodate the proposed development?

Yes

No

Details of contamination investigations carried out at the site:

The site is not identified in Council’s records as being contaminated. A Site inspection reveals

the site does not have any obvious history of a previous land use that may have caused

contamination and there is no specific evidence that indicates the site is contaminated. The

subject site is currently used for residential purposes and contamination is not expected.

State Environmental Planning Policy (Affordable Rental Housing) 2009

The proposed development is defined as a ‘boarding house’ under the provisions of State

Environmental Planning Policy (Affordable Rental Housing) 2009. The relevant provisions

and statutory requirements of the SEPP (ARH) have been considered in the assessment of

the application.

A summary of the most important provisions applicable to the development application is

provided in the following table.

A comprehensive assessment and compliance table is attached to this report in Appendix

A which demonstrates the development proposal’s compliance with the relevant planning

controls that are applicable to the site including:



Provision of the State Policy Yes/No Comment

Clause 29(1)(a) - Floor space ratio

Floor Space Ratio for the site is the

existing maximum floor space ratio for

any form of residential accommodation

permitted on the land.

Yes

No

Permissible: 0.7:1.

Proposed: 0.63:1

Clause 29(2)(a) - Maximum height of

the building

The maximum height of the building

must not be more than the maximum

building height permitted under

another environmental planning

instrument for any building on the land.

Yes

No

Permissible: 9m

Proposed: 7.5m

Clause 29(2)(d)(i) – Private open space

requirement

One area of at least 20m2 with a

minimum dimension of 3m is provided

for the use of the lodgers.

Yes

No

A communal courtyard is proposed at

the rear of the site with an area of 20m²

and minimum dimensions of 3m. The

area comprises landscaping, seating

area and a BBQ area.

Clause 29(2)(e) – Car parking

requirement Development within an

accessible area

Car parking rate should be 0.2 spaces

per boarding room plus an additional

space for the manager.

Yes

No

The site is within 800m of Guildford

Railway Station.

Required: Two (2) spaces

Proposed: Two (2) tandem spaces are

proposed.

Council’s Traffic Engineer has reviewed

the application and supports the

proposal subject to standard

conditions.

A manager is not required. Refer to Cl

30(1)(e) of the SEPP.

Clause 30A – Character of local area

Development shall take in to

consideration whether the design of

the development is compatible with the

character of the local area.

Yes

No

The proposal presents as a two

storey dwelling house and is

considered consistent with the

local character of the area.

Refer to Appendix A for a detailed

assessment of the Character of the

area.



Local Environmental Plans

(a) Holroyd Local Environmental Plan 2013 (HLEP 2013)

The proposed development is defined as a ‘boarding house’ under the provisions of

Holroyd Local Environmental Plan 2013. Boarding houses are a permissible land use with

consent under the R3 Medium Density zoning applying to the land under HLEP 2013.



Clause Yes No N/A Comment Land use table

Zone R3 Medium Density Residential

1 Objectives of zone

• To provide for the housing needs of the

community within a medium density

residential environment.

• To provide a variety of housing types within a

medium density residential environment.

• To enable other land uses that provide

facilities or services to meet the day to day

needs of residents.

2 Permitted without consent

Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast

accommodation; Boarding houses; Building

identification signs; Business identification signs;

Child care centres; Community facilities; Dual

occupancies; Dwelling houses; Environmental

protection works; Exhibition homes; Exhibition

villages; Group homes; Home businesses; Home

industries; Hostels; Multi dwelling housing;

Neighbourhood shops; Places of public worship;

Recreation areas; Respite day care centres;

Roads; Semi-detached dwellings; Seniors housing

4 Prohibited

Any development not specified in item 2 or 3

The proposal meets

the objectives of the

zone by providing

housing needs of the

community within a

medium density

environment.

A boarding house is

permitted with

consent in the R3

Medium Density

Residential zone.



Clause Yes No N/A Comment 4.3 Height of buildings

(1) The objectives of this clause are as follows:

(a) to minimise the visual impact of

development and ensure sufficient solar

access and privacy for neighbouring

properties,

(b) to ensure development is consistent with

the landform,

(c) to provide appropriate scales and

intensities of development through

height controls.

(2) The height of a building on any land is not to

exceed the maximum height shown for the

land on the Height of Buildings Map.

In accordance with

the Height of

Buildings Map

accompanying HLEP

2013, a maximum 9m

building height is

permitted for the site.

The maximum height

proposed is 7.5m.

4.4 Floor space ratio


(a) to support the viability of commercial

centres and provide opportunities for

economic development within those

centres,

(b) to facilitate the development of a variety

of housing types,

(c) to ensure that development is compatible

with the existing and desired future built

form and character of the locality,

(d) to provide a high level of amenity for

residential areas and ensure adequate

provision for vehicle and pedestrian

access, private open space and

landscaping.

(2) The maximum floor space ratio for a building

on any land is not to exceed the floor space

ratio shown for the land on the Floor Space

Ratio Map.

In accordance with

the Floor Space Ratio

map accompanying

HLEP 2013, the

maximum permitted

floor space ratio is

0.7:1. In this regard,

with a site area of

449.7m² the

maximum permitted

floor area is

314.79m2. The

proposed floor area is

282m² which equates

to a FSR of 0.63:1,

consistent with

Holroyd Local

Environmental Plan

2013.

http://www.legislation.nsw.gov.au/#/view/EPI/2013/139/maps





Clause Yes No N/A Comment 5.10 Heritage conservation The site is not a

heritage item or within

a heritage

conservation area or

within close proximity

to any heritage items.

Part 6 Additional local provisions

6.4 Flood planning


(a) to minimise the flood risk to life and property

associated with the use of land,

(b) to allow development on land that is

compatible with the land’s flood hazard,

taking into account projected changes as a

result of climate change,

(c) to avoid significant adverse impacts on flood

behaviour and the environment.

(2) This clause applies to land at or below the flood

planning level.

(3) Development consent must not be granted to

development on land to which this clause

applies unless the consent authority is satisfied

that the development:

(a) is compatible with the flood hazard of the

land, and

(b) will not significantly adversely affect flood

behaviour resulting in detrimental increases

in the potential flood affectation of other

development or properties, and

(c) incorporates appropriate measures to

manage risk to life from flood, and

(d) will not significantly adversely affect the

environment or cause avoidable erosion,

siltation, destruction of riparian vegetation or

a reduction in the stability of river banks or

watercourses, and

(e) is not likely to result in unsustainable social

and economic costs to the community as a

consequence of flooding.

(4) A word or expression used in this clause has the

same meaning as it has in the Floodplain

Development Manual (ISBN 0 7347 5476

0) published by the NSW Government in April

2005, unless it is otherwise defined in this

clause.

(5) In this clause, flood planning level means the

level of a 1:100 ARI (average recurrent interval)

flood event plus 0.5 metres freeboard.

The site is identified

as being flood prone.

The application

proposes no changes

to FFL and very minor

change to building

footprint.

Council’s

Development

Engineer has

reviewed the

application and raises

no objection to the

proposed

development.

The provisions of any draft Environmental Planning Instruments (EP& A Act s79C(1)(a)(ii))



The proposed development is not affected by any relevant Draft Environmental Planning

Instruments.

The provisions of any Development Control Plans (EP& A Act s79C(1)(a)(iii))

(a) Holroyd Development Control Plan 2013

Holroyd DCP 2013 does not contain controls specific to Boarding Houses. However generic

controls like waste management, streetscape, site facilities are still applicable.

As the site is situated amongst free standing dwelling houses and presents itself as a

single dwelling, an assessment against the provisions of dwelling houses is carried out.

The proposed development complies with the provisions of HDCP 2013 and is considered

acceptable from an environmental planning view point.



A comprehensive assessment of the HDCP compliance table is attached to this report in

Appendix B.

Standard Required/Permitted Provided Compliance

Part A – General Controls

3 – Car Parking Min. clear length 5.5m The application proposes a

two car tandem garage.

The proposed garage has a

length of 11m, complying

with this control.

Yes

Min. clear width 2.4m for

open space; 3m for garage

and between walls/fence (or

3.6m if for bin access); 5.5m

for double garage (or 6.1m if

for bin access)

The proposed garage has a

width of 3.5m.

Yes

Max. 1:6 (17%) No changes are proposed

to the driveway.

Yes

11 – Site Waste

Minimisation

and

Management

Plan (SWMMP)

Bin storage area is to be in

the rear yard; unobstructed

access to collection point or

if in garage/carport must be

screened from the street

The bin storage area is

located within the rear of

the site and unobstructed

access is provided via

900mm wide path along

the southern boundary of

the site. Council’s

Environmental Health

Officer has reviewed the

application and raises no

objection subject to

standard conditions.

Yes



Part B – Residential

1 – General

Residential

Controls

1.4 - Visual Privacy

Window sills of upper floor

habitable rooms (excluding

bedrooms) shall have a

maximum height of

1500mm

Refer to discussion below.

Yes

It is noted that the plans were amended since the lodgement of the

application to convert all first floor windows within the side and rear

elevations to highlight windows with sill heights of 1500mm with fixed

external privacy louvres to 1700mm.

An assessment of each elevation and the visual privacy impacts, is

provided as follows:

North elevation (side)

Ground Floor: The ground floor contains two highlight windows associated

with the garage and a window and sliding door associated with the living

room and kitchen.

No concerns are raised over the dining room and kitchen windows given

the existing 1.8m high boundary fence which will restrict direct views

between properties. The ground floor is predominately at grade with no fill

proposed and a setback of 2m is proposed to the northern boundary.

First Floor: The first floor contains two highlight windows associated with

bedrooms. The windows have sill heights of 1500mm above FFL, with fixed

external privacy louvres to 1700m.

No concerns are raised given the views into the adjoining property are

restricted and there is a setback of 2.295m to the northern boundary.

South elevation (side)

Ground Floor: The ground floor contains six windows associated with

bedrooms and bathrooms.

No concerns are raised given the existing 1.8m high boundary fence which

will restrict direct views between properties. The ground floor is

predominately at grade with no fill proposed

First floor: The first floor contains two windows associated with a living room

and one window associated with a bedroom. These windows have a sill

height of 1500m above FFL, with fixed external privacy louvres to 1700mm.

No concerns are raised given the views into the adjoining property are

restricted.

West elevation (rear)

Ground floor: The ground floor contains one sliding door associated with

the dining and living room. An outdoor living area is proposed which is

predominantly at grade and proposes no fill.




First floor: The first floor contains three windows associated with bedrooms

and bathrooms. The windows have a sill height of 1500mm above FFL, with

fixed external privacy louvres to 1700mm for the window associated with

the bedroom.

1.8-Sunlight Access

Design and orientate

dwelling to maximise

northerly aspect.

The proposal has been

orientated to maximize

northerly aspect.

Yes (existing)

1 main living area of new

dwelling to receive 3 hours

direct sunlight between

9am and 4pm, 22 June

Two communal living areas

are proposed; one located

on the ground floor to the

north of the building and

one located on the on the

first floor, located to the

south-west of the building.

A minimum 3 hours of

sunlight is achieved to the

communal recreation

room on the ground floor.

Yes

1 main living area of

existing adjacent dwellings

to receive 3 hours direct

sunlight between 9am and

4pm, 22 June

Refer to discussion below No, however

acceptable

The proposed development will overshadow the neighbouring property to

the south at No. 41 Clyde Street, between 9am and 4pm, 22 June. The

objectives of the control are:

To recognise the reasonable expectation for a dwelling to have the

ability to access sunlight.

To ensure adequate residential amenity through the provision of

sunlight access and good solar amenity to the living spaces and private

open space areas of dwellings.

To not permit overshadowing that arises through poor design.

To ensure a reasonable amount of sunlight access for dwellings is

achieved all year round.

To acknowledge, assess and consider both the existing development

and what is likely to be built on adjoining sites in areas undergoing

change.

To accept that there may be sites and buildings that are vulnerable to

being overshadowed, but proposed development shall not preclude

reasonable solar amenity access to these sites and buildings.

Following assessment of the DCP objectives it is considered the non-

compliance can be supported for the following reasons:-

The overshadowing is due to the orientation of the site and not a

result of poor design. It is inevitable that a compliant development

would overshadow the northern wall of the southern adjoining

property in mid-winter.

The first floor side setback to the southern boundary has been

increased since lodgement of the application. The side setback has

been modified from 900mm to 2m and 3m.




The development is located within a residential area that is

currently experiencing urban renewal with modern 2 storey dwelling

houses, dual occupancies and town house developments being

built in the area, some of which have an orientation constraint that

would result in overshadowing of the southern adjoining properties.

The development complies with the density, bulk and scale, and

height controls of the LEP and to require a single storey dwelling or

refuse the application would be unreasonable.

A sun eye shadow diagram was submitted with the application

which indicates that the existing 1800mm high boundary fence,

existing single storey dwelling and existing eave of the affected

dwelling currently overshadow the northern elevation of 41 Clyde

Street.

The private open space of the neighbouring property will not be

significantly affected by shadows cast by the proposed works.

Given the above reasons, the departure is considered reasonable in

the circumstances of the case. Min. 50% of required POS

of new dwelling to receive 3

hours direct sunlight

between 9am and 4pm

The communal outdoor

area will receive a

minimum of 3 hours direct

sunlight.

Yes

Min. 50% of required POS

of existing adjacent

dwellings to receive 3 hours

direct sunlight between

9am and 4pm

The submitted shadow

diagrams indicate that

adjoining dwellings will

receive a minimum of 3

hours of direct sunlight to

private open space.

Yes

2.3 Setbacks

Principal St: 6m

(articulation zone max. 25%

of the building width and

1.5m in length)

Front setback of 6m

proposed, which is

consistent with adjoining

dwellings.

Yes

Side: 0.9m

Refer to discussion below. Yes

Northern boundary: A setback of 1.285m to the garage and 2m to the

living room is provided on the ground floor and a setback of 2.295m is

proposed on the first floor.

Southern boundary: A setback of 1.3m and 900mm is provided on the

ground floor (existing) and a setback of 2m and 3m proposed on the first

floor.

Rear: 3m to single storey

component; 7m to 2 storey

component

4m on the ground floor

and 7.425m on the first

floor.

Yes

2.4 Building Height

Max. 2 storey and 9m; if

single storey max. 7m

(this also applies to attics)

Two storeys and 7.5m. Yes




Min. 2.4m floor to ceiling

height

2.4m floor to ceiling

height on the ground floor

and first floor.

Yes

(b) Council’s Social Impact Assessment Policy

Under Council’s Social Impact Assessment (SIA) Policy the subject application was required

to submit a Social Impact Assessment due to the scale of the development. This was

submitted and assessed by Council’s Social Planner to be satisfactory.

79C(1)(a)(iiia) - any planning agreement that has been entered into under section 93F,

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

93F, and

There is no draft planning agreement associated with the subject Development

Application.

The provisions of the Regulations (EP& A Act s79C(1)(a)(iv))

The proposed development raises no concerns as to the relevant matters arising from the

EP& A Regulations 2000.

79C(1)(a)(v) - any coastal zone management plan (within the meaning of the Coastal

Protection Act 1979)

There is no Coastal Zone Management Plan applicable for the Guildford area.

The Likely Environmental, Social or Economic Impacts (EP& A Act s79C(1)(b))

The likely impacts of the development have been considered in the assessment of the

application and are considered that the proposed development will have no significant

adverse environmental, social or economic impacts in the locality.

The suitability of the site for the development (EP&A Act s79C(1)(c))

The site is identified as being flood prone and Council’s Development Engineer has

reviewed the application and raises no objection to the proposal. The site can be said to

be suitable to accommodate the proposal. The proposed development has been assessed

in regard its environmental consequences and having regard to this assessment, it is

considered that the development is suitable in the context of the site and surrounding

locality.

Submissions made in accordance with the Act or Regulation (EP&A Act s79C(1)(d

Advertised (newspaper) Mail Sign Not Required

In accordance with Part E Public Participation of HDCP 2013, the proposal was publicly

exhibited for a period of 14 days between 27 January and 10 February 2016. The

notification generated 4 submissions and a petition with 29 signatures in respect of the

proposal. The issues raised in the public submissions are summarised and commented on

as follows:



Overshadowing

Concern is raised that the proposed development will overshadow the property to the

south.

Comment: The development complies with the density, bulk and scale and height controls

of the LEP and DCP. The overshadowing is due to the orientation of the site and not a result

of poor design. It is inevitable that a compliant development would overshadow the

northern wall of the southern adjoining property in mid-winter.

Notwithstanding this, the side setback to the southern boundary has been increased since

lodgement of the application to improve solar access to the adjoining property to the south.

In this regard, the side setback of the first floor has been increased from 900mm to 2m

and 3m.

The issue of solar access has been addressed further under HDCP 2013, Part B, Section

1.8-Sunlight Access.

Housing commission and Criminal Activity

Concern is raised that the site is proposed for housing commission creating danger for

young families living in the area and increasing crime in the area. Concern is also raised

that there will be syringes and cigarettes being left on the site and surrounding area.

Comment: A Plan of Management (POM) and house rules have been prepared for the

proposed development and will form part of the endorsed documents, should the

application be approved. The plan of management specifies how the premises will operate

and addresses residents behaviour, house rules, noise, maintaining good relations with

neighbours, use of external areas, the holding of parties, the consumption of alcohol, the

parking of vehicles, dealing with complaints, cleaning schedules, waste disposal, number

of approved rooms and occupants, contact details of the onsite manager and conflict

resolution.

The application is not made by a social housing provider and the objector has not provided

any evidence to support that the proposal will increase criminal activity in the area.

Traffic and Parking

Concern is raised that the proposed development will result in increased traffic and loss

of street parking in Clyde Street, with cars being parked along residents’ driveways

blocking their access.

Comment: The proposed development complies with the parking controls within State

Environmental Planning Policy (Affordable Housing) 2009, which requires the provision of

two (2) spaces for this development. Council’s Traffic Engineer has reviewed the

application and raises no objection to the proposed development. The Plan of

Management submitted with the application includes a house rule which states that cars

are not to block driveways.

The proposed development is considered suitable for the site given its location close to

public transport.



Waste storage

Concern is raised that the proposal, with additional 20-30 residents, will increase the

amount of rubbish in the area. Concern is raised over the number of bins required and

whether the waste storage area provided is sufficient.

Comment: The application proposes a 9 room boarding house and the maximum number

of occupants is 9.

A waste storage room is located at the rear of the site that accommodates 6

waste/recycling bins. Council’s Environmental Health Officer has reviewed the application

and raised no objection to the proposal.

Illegal development

Concern is raised that the proposed development is illegal.

Comment: The proposed development is defined as a ‘boarding house’ under the

provisions of Holroyd Local Environmental Plan 2013. Boarding houses are a permissible

land use with Council consent under the R3 Medium Density zoning applying to the land

under HLEP 2013. Further, the proposal is permissible in accordance with the State

Environmental Planning Policy (Affordable Rental Housing) 2009.

Council Park

Concern is raised that the proposed development will worsen the existing problem with

Council’s Park across the road which has people drinking and doing drugs late at night.

Comment: The objector has not provided any evidence to support that the proposal will

result in illegal activity in the public park. The issue regarding drinking alcohol in a public

park and use of illegal drugs is not related to this Development Application. This is a matter

that should be reported to NSW Police.

Loss of privacy

Concern is raised over the loss of privacy given the proposed windows.

Comment: The plans have been amended since the lodgement of the application to

convert all first floor windows within the side and rear elevations to highlight windows with

sill heights of 1500mm with fixed external privacy louvres to 1700mm above FFL. An

assessment of each elevation and the visual privacy impacts is provided within the report

under HDCP 2013, Part B, Section 1.4 Visual Privacy.

Overdevelopment

Concern is raised that the proposal is an overdevelopment of the 400m² site.

Comment: The proposed development is a permissible development within the zoning

applying to the land and complies with the floor space ratio and height controls of Holroyd

Local Environmental Plan 2013.



It is noted that the site is zoned R3 Medium Density and multi dwelling housing is a

permissible land use in R3 zone. If the site was to be developed for multi dwelling housing,

a site area of 900m² is required and with a FSR of 0.7:1, this would allow a Gross Floor

Area of 630m². Noting the average dwelling size is 100m², 6-9 dwellings could be

proposed, resulting in approximately 15-18 people (7-9 people per lot). This is consistent

with what is proposed on the site.

The proposal is not considered to be an overdevelopment of the site.

Existing dwelling

Concern is raised that the existing dwelling is not capable of accommodating the load of

another level.

Comment: A condition is recommended to be included in the consent requiring a certificate

to be submitted to the Principal Certifying Authority in accordance with the requirements

of Part 3.11, Clause 3.11.2 and Clause 3.11.3 of the Building Code of Australia, by a

qualified practising structural engineer certifying the adequacy of the existing dwelling as

being capable of supporting the proposed live and dead loads.

Amended plans

Amended plans were submitted on 22 April 2016.

Summary of amendments:

Reduction in the number of rooms from 10 to 9;

An increase in the first floor side setback to the southern boundary from 900mm to 2m and

3m;

Internal modifications to increase the length of the garage;

Changes to the first floor windows to be highlight windows with a sill height of 1.5m above FFL

and louvres up to 1.7m above FFL; and

Changes to two rooms on the ground floor to be adaptable rooms.

The application did not require re-notification as the amended application is considered to

be substantially the same development and does not result in a greater environmental

impact.

The public interest (EP& A Act s79C(1)(e))

The public interest is served by permitting the orderly and economic development of land,

in a manner that is sensitive to the surrounding environment and has regard to the

reasonable amenity expectations of surrounding land users. In view of the foregoing

analysis it is considered that the development, if carried out subject to the conditions set

out in the attachment, will have no significant adverse impacts on the public interest.



Section 94 Contribution towards provision or improvement of amenities or services

This part of the Act relates to the collection of monetary contributions from applicants for

use in developing key local infrastructure. The Act reads as follows:

‘(1) If a consent authority is satisfied that development for which development

consent is sought will or is likely to require the provision of or increase the

demand for public amenities and public services within the area, the

consent authority may grant the development consent subject to a

condition requiring:

(a) the dedication of land free of cost, or

(b) the payment of a monetary contribution, or both.

(2) A condition referred to in subsection (1) may be imposed only to require

a reasonable dedication or contribution for the provision, extension or

augmentation of the public amenities and public services concerned.’

Comments: The development would require the payment of contributions in accordance

with Council Section 94 Contributions Plans. It is recommended that conditions be

imposed on any consent requiring the payment of these contributions prior to the issue of

any construction certificate for the development.

As at 15 June 2016, the fee payable is $17,795. This figure is subject to indexation as per

the relevant plan.

Disclosure of Political Donations and Gifts

The NSW Government introduced The Local Government and Planning Legislation

Amendment (Political Donations) Act 2008 (NSW). This disclosure requirement is for all

members of the public relating to political donations and gifts. The law introduces

disclosure requirements for individuals or entities with a relevant financial interest as part

of the lodgement of various types of development proposals and requests to initiate

environmental planning instruments or development control plans.

The applicant and notification process did not result in any disclosure of Political Donations

and Gifts.

Conclusion

The development application has been assessed in accordance with the relevant

requirements of the Environmental Planning and Assessment Act 1979, State

Environmental Planning Policy (Affordable Rental Housing) 2009, Holroyd Local

Environmental Plan 2013 and the Holroyd Development Control Plan 2013 and is

considered to be satisfactory for approval subject to conditions.

Report Recommendation:

That Development Application No. 2016/10 for alterations and additions including a first

floor addition to an existing dwelling house and its use as a 9 room boarding house under

Affordable Rental Housing SEPP 2009 on land at 39 Clyde Street Guildford be approved

subject to the attached condition set.



ATTACHMENTS

1. Draft Notice of Determination

2. Architectural Plans

3. Submissions (x4) (to be circulated to CIHAP members only under separate cover)

4. Plan of Management

5. Locality Map



APPENDIX A

State Environmental Planning Policy (Affordable Rental Housing) 2009

The relevant objectives and provisions of ARHSEPP have been considered in the following

assessment table:

Clause Yes No N/A Comment

Part 1 Preliminary

3 Aims of Policy

(a) to provide a consistent planning regime for the

provision of affordable rental housing,

(b) to facilitate the effective delivery of new

affordable rental housing by providing

incentives by way of expanded zoning

permissibility, floor space ratio bonuses and

non-discretionary development standards,

(c) to facilitate the retention and mitigate the loss

of existing affordable rental housing,

(d) to employ a balanced approach between

obligations for retaining and mitigating the loss

of existing affordable rental housing, and

incentives for the development of new

affordable rental housing,

(e) to facilitate an expanded role for not-for-profit-

providers of affordable rental housing,

(f) to support local business centres by providing

affordable rental housing for workers close to

places of work,

(g) to facilitate the development of housing for the

homeless and other disadvantaged people who

may require support services, including group

homes and supportive accommodation.

The proposal is a form of

affordable housing as

sought in the SEPP. The

proposal will result in a

form of affordable

housing being provided

in the area that is close

to public transport and

local services,

consistent with the aims

of the policy.

Part 2 New Affordable Rental Housing

Division 3 Boarding Houses

Clause 26 – Land to which division applies

This Division applies to land within any of the following

land use zones or within a land use zone that is

equivalent to any of those zones:

(a) Zone R1 General Residential,

(b) Zone R2 Low Density Residential,

(c) Zone R3 Medium Density Residential,

(d) Zone R4 High Density Residential,

(e) Zone B1 Neighbourhood Centre,

(f) Zone B2 Local Centre,

(g) Zone B4 Mixed Use.

The site is zoned R3

Medium Density under

Holroyd Local

Environmental Plan

2013.

Clause 27 – Development to which division applies

(1) This Division applies to development, on land to

which this Division applies, for the purposes of

boarding houses.

R3 Medium Density

zone.




28 Development may be carried out with consent

Development to which this Division applies may be

carried out with consent.

Noted

29 Standards that cannot be used to refuse consent

(1) A consent authority must not refuse consent to

development to which this Division applies on the

grounds of density or scale if the density and scale

of the buildings when expressed as a floor space

ratio are not more than:

(a) the existing maximum floor space ratio for any

form of residential accommodation

permitted on the land, or

Pursuant to Holroyd

Local Environmental

Plan 2013 the

maximum floor space

ratio permitted on site is

0.7:1. In this regard,

with a site area of

449.7m² the maximum

permitted floor area is

314.79m2. The

proposed floor area is

282m² which equates to

a FSR of 0.63:1,

consistent with Holroyd

Local Environmental

Plan 2013.

(2) A consent authority must not refuse consent to

development to which this Division applies on any

of the following grounds:

(a) building height

if the building height of all proposed buildings is not

more than the maximum building height permitted

under another environmental planning instrument

for any building on the land,

The Height of Buildings

Map indicates a

maximum height of 9m

for this site.

The proposed

development complies

with a maximum height

of 7.5m.




(b) landscaped area

if the landscape treatment of the front setback

area is compatible with the streetscape in

which the building is located,

The front setback is

landscaped and

compatible with the

streetscape and existing

character of the area.

Additional hard surface

and motor cycle parking

within the front setback

is considered

acceptable as it is

screened with the

landscaping in front.

(c) solar access

where the development provides for one or

more communal living rooms, if at least one of

those rooms receives a minimum of 3 hours

direct sunlight between 9am and 3pm in mid-

winter,

Two communal living

areas are proposed; one

located on the ground

floor to the north of the

building and one located

on the first floor, to the

south-west of the

building.

A minimum 3 hours of

sunlight is achieved to

the communal living

room on the ground

floor.

(d) private open space

if at least the following private open space areas

are provided (other than the front setback area):

(i) one area of at least 20 square metres with a

minimum dimension of 3 metres is provided

for the use of the lodgers,

(ii) if accommodation is provided on site for a

boarding house manager—one area of at

least 8 square metres with a minimum

dimension of 2.5 metres is provided

adjacent to that accommodation,

A communal courtyard is

proposed at the rear of

the site with an area of

20m² and minimum

dimensions of 3m. The

area comprises

landscaping, seating

area and a BBQ area.

A manager is not

required. Refer to

Clause 30(1)(e) of the

SEPP.




(e) parking

if:

(i) in the case of development in an accessible

area—at least 0.2 parking spaces are

provided for each boarding room, and

The site is within an

accessible area and with

9 rooms proposed, a

total of two (2) parking

spaces are required to

be provided. Two (2)

tandem spaces are

proposed.

Council’s Traffic

Engineer has reviewed

the application and

supports the proposal

subject to standard

conditions.

(f) accommodation size

if each boarding room has a gross floor area

(excluding any area used for the purposes of

private kitchen or bathroom facilities) of at

least:

(i) 12 square metres in the case of a boarding

room intended to be used by a single

lodger, or

(ii) 16 square metres in any other case.

Each boarding room has

a minimum area of

12m2 to be used by a

single lodger. The area

calculated excludes

bathrooms and kitchen

facilities.

(3) A boarding house may have private kitchen or

bathroom facilities in each boarding room but is

not required to have those facilities in any

boarding room.

Communal kitchen

provided on the ground

floor and each room on

the first floor contains a

kitchen and ensuite.

(4) A consent authority may consent to development to

which this Division applies whether or not the

development complies with the standards set out

in subclause (1) or (2).

Noted

30 Standards for boarding houses

(1) A consent authority must not consent to

development to which this Division applies unless

it is satisfied of each of the following:

(a) if a boarding house has 5 or more boarding rooms,

at least one communal living room will be

provided,

A communal living area

is provided on the

ground floor and first

floor.




(b) no boarding room will have a gross floor area

(excluding any area used for the purposes of

private kitchen or bathroom facilities) of more than

25 square metres,

No boarding room has a

gross floor area greater

than 25m2.

(c) no boarding room will be occupied by more than 2

adult lodgers,

Rooms have a capacity

for 1 lodger and will be

conditioned accordingly.

(d) adequate bathroom and kitchen facilities will be

available within the boarding house for the use of

each lodger,

Communal kitchen

provided on the ground

floor and each room on

the first floor contains a

kitchen and ensuite.

(e) if the boarding house has capacity to accommodate

20 or more lodgers, a boarding room or on site

dwelling will be provided for a boarding house

manager,

The maximum

occupancy is 9

residents.

(f) (Repealed)

Noted

(g) if the boarding house is on land zoned primarily for

commercial purposes, no part of the ground floor of

the boarding house that fronts a street will be used

for residential purposes unless another

environmental planning instrument permits such a

use,

(h) at least one parking space will be provided for a

bicycle, and one will be provided for a motorcycle,

for every 5 boarding rooms.

Two (2) bicycle and two

(2) motorbike spaces

are required. Two (2)

motorbike and two (2)

bicycle spaces are

provided.

(2) Subclause (1) does not apply to development for

the purposes of minor alterations or additions to

an existing boarding house.

30A Character of local area

Refer to discussion

below.

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.

The ARHSEPP does not contain any specific controls for assessing if a proposal is compatible with the

character of the area. In this regard case law in the Land and Environment Court has considered the merits

assessment of Clause 30A. In addition the Land and Environment Court’s Planning Principle ‘Surrounding

Development – Compatibility of proposal with surrounding development’ (Project Venture Developments Pty

Ltd v Pittwater Council [2005] NSWLEC 191) provides for guidance on how to assess compatibility of

http://www.lawlink.nsw.gov.au/lecjudgments/2005nswlec.nsf/00000000000000000000000000000000/6c7f6821f9191dbaca256fea00191c69?opendocument




development with the character of the local area. Using case law and the Land and Environment Court

Planning Principle, a merit assessment of character of the local area should consider the following 3 steps:

Step 1 – Identify the ‘local area’.

Step 2 – Identify the character of the ‘local area’.

Step 3 – Determine whether the design of the proposed development is compatible with the character

of the ‘local area’.

An assessment against each step is provided below:

Step 1 – Identify the ‘local area’

The local area is identified in the map below as the area defined by the thick red lines.

Step 2 – Identify the character of the ‘local area’.

The zoning of the broader locality comprises a mix of R3 Medium Density (subject site), R4 High Density,

RE1 Public Recreation and R2 Low Density under Holroyd Local Environmental Plan 2013.

The zone of the immediate area within the Local Area which is defined in the map above comprises R3

Medium Density and RE1 Public.

The height limit and Floor Space Ratio (FSR) is consistent within the Local Area with a height limit of 9m and

FSR of 0.7:1.

The site adjoins a single storey dwelling house to the north, a single story dwelling house to the south, a

single storey dwelling house to the rear (west) and a Council park zoned RE1 Public Recreation is located to

the east across Clyde Street. The predominant built form is currently a mix of single and two storey dwelling

houses and recently constructed two storey dual occupancies.

The local area was previously zoned 2A Low Density under Holroyd Local Environmental Plan 1991 and was

upzoned to R3 Medium Density in 2013. Boarding houses were previously prohibited in the 2A Low Density

zone.

Step 3 – Determine whether the design of The proposed development is compatible with the character of

the ‘local area’




The planning principles below assist in determining whether a building is compatible with its surroundings:

Are the proposal’s physical impacts on surrounding development acceptable?

The physical impacts include constraints on the development potential of surrounding sites.

Physical impacts generally include privacy, overshadowing, visual bulk and compatibility in the streetscape.

In terms of the physical impacts of the development:

o The height, setbacks and landscaping of the proposed building are consistent with the existing two

storey dwelling houses in the Local Area.

o The design of the proposed building is considered to respond and contribute to its context,

especially having regard to the desired future character of the area which will see new development

being two storeys in height.

o The proposal meets the requirements of the LEP in terms of height and GFA, as well as being a

permissible land use. The context of the building is appropriate for its location.

o The proposal will not result in isolation of adjoining sites by unduly constraining them through site

design.

o The proposal will not result in unreasonable overlooking of neighbouring properties given all first

floor windows within the side and rear elevations are highlight windows with sill heights of 1500mm

with fixed external privacy louvres to 1700mm above FFL. Notwithstanding this, each boarding room

is still considered to receive sufficient natural light and ventilation.

o The proposed development will overshadow the neighbouring property to the south at No.41 Clyde

Street, between 9am and 4pm, 22 June. The site has an east-west orientation and it is inevitable

that a compliant development would overshadow the northern wall of the southern adjoining

property in mid-winter. The overshadowing is due to the orientation of the site and not a result of

poor design.

Is the proposal’s appearance in harmony with the building’s around it and the character of the street?

The proposed development resembles a two storey dwelling house and is considered to be in harmony with

the nearby buildings and character of the street. .

Clause 52 - No subdivision of boarding houses

A consent authority must not grant consent to the strata

subdivision or community title subdivision of a boarding

house.

Subdivision is not

proposed as part of the

application and should

the application be

approved, the

prohibition of

subdivision is

recommended to be

conditioned.



APPENDIX B

Holroyd Development Control Plan 2013 (HDCP 2013)

Holroyd DCP 2013 does not contain controls specific to Boarding Houses. However generic

controls like waste management, streetscape, site facilities are still applicable.

As the site is situated amongst free standing dwelling houses and presents itself as a

single dwelling, an assessment against the provisions of dwelling houses is carried out.

The proposed development complies with the provisions of HDCP 2013 and is considered

acceptable from an environmental planning view point.



Standard Required/Permitted Provided Compliance

Part A – General Controls

4 – Tree and

Landscape Works

A landscape plan is not

required given the application

proposes alterations and

additions to an existing

dwelling and proposes no

tree removal.

The application proposes to

retain the existing

landscaping within the front

setback.

Yes

5 – Biodiversity The site is not identified as

being environmentally

sensitive land or land within

the E2 Environmental

Conservation zone.

Yes

6 – Soil Management An erosion and sediment

control plan is required.

A satisfactory erosion and

sediment control plan was

submitted with the

application.

Yes

7/8 – Stormwater

Management &

Flood Prone Land

Council’s Development

Engineer has reviewed the

application and raises no

objection to the proposal

subject to standard

conditions.

Yes

9 – Managing External

Road Noise and

Vibration

The site is not located within

close proximity to any noise

generating land uses.

Yes

10 – Safety and

Security

Incorporate and enhance

opportunities for effective

natural surveillance and

minimize opportunities for

crime.

A Plan of Management and

Social Impact Assessment

was submitted with the

application.

The application has been

reviewed by Council’s Social

Planner who raises no

objections to the proposed

development, subject to

conditions.

Yes




1 – General

Residential

Controls

1.1 - Building Materials The application proposes

face brick and a tile roof to

match the existing dwelling

house. The proposed colours

and materials are consistent

with the character of the area

and is considered

satisfactory.

Yes

1.2 - Fences A front fence is not proposed NA

1.3 - Views The development does not

obstruct important views or

vistas.

NA

Acoustic privacy The application was reviewed

by Council’s Environmental

Health Unit who raised no

objection to the proposed

development. The proposal is

acceptable in terms of

acoustic privacy.

Yes

1.5 - Landscape Area Refer below

Min. 20% of site area for lot

<600m2 & 25% for lot

>600m2; 2m wide; ground

level where possible

Required Provided Minor variation

20% =

89.94m²

19.8% /

88m²

Max. 50% of provided

landscaped area shall be

forward of the front building

line

Required Provided Yes

50% =

44.97m²

45% / 40m²

1.6 - Safety and security

The front door shall be visible

from the street, overlooked by

a window and clearly visible by

the driveway.

The front entry door and a

window associated with a

bedroom overlook the public

domain, promoting natural

surveillance.

Yes

1.9 - Cut and fill

Cut: max. 1m; max. 0.45m

within 0.9m of side/rear

boundary

Fill: max. 0.3m within 0.9m of

side/rear boundary; ≥0.6m to

be contained within the

building; if > 0.15m shall

occupy max. 50% of the

landscaped area

The site is relatively flat and

minimal cut is proposed

associated with the footings

for the garage extension.

Yes

1.12 Universal Housing and

Accessibility

Design to minimise any

barriers to less mobile

persons.

Two bedrooms (22%) on the

ground floor have been

nominated for adaptable use.

Yes



All 2 storey dwellings to

provide1 room capable of

being used as a bedroom,

kitchen, bathroom/toilet

and living areas on ground

level.

15% of dwelling units shall

comply with AS4299-1995

– Adaptable Housing Class

B.

Living areas and bathrooms

are located on the ground

floor.

2.2 Site coverage

Maximum site coverage for a

dwelling house is 60% of the

site area

The proposed development

has a site coverage of 49%.

Yes

2.5 Building Appearance

Design: Have regard to the

size/shape/orientation of lot;

style not to be in strong visual

contrast to locality

The proposed building is

articulated in plan and

elevation to reduce the

appearance of building bulk.

Yes

Bulk and scale: Max. 10m

blank wall on first floor side;

min. 1m wide indent.

The first floor has a length of

16.705m. The southern

elevation has a varying side

setback of 2m and 3m. The

northern elevation is not

articulated however it is

setback 1m from the ground

floor wall below and provides

window openings.

No, however

satisfactory

Front Facade:

Front door and a window of a

habitable room on the

ground floor to face Principal

Street.

The front door and a window

of a habitable room on the

ground floor faces Clyde

Street.

Yes

Building facades to be

modulated in plan and

elevation, articulated to reduce

the appearance of bulk and

express the elements of the

buildings architecture.

The proposed building is

articulated in plan and

elevation to reduce the

appearance of building bulk.

Yes


ATTACHMENT 1


Draft Conditions of Consent

NOTICE OF DETERMINATION OF APPLICATION

Pursuant to Section 81 of the Act, Council has granted conditional approval to your Development

Application described as follows:

PROPERTY: Lots 5 & 6, Sec 17, DP 734

STREET ADDRESS: 39 Clyde Street, Guildford

DEVELOPMENT CONSENT NO: 2016/10/1

DECISION: Cumberland Independent Hearing & Assessment Panel

DATE OF EXPIRY OF CONSENT: 13 July 2019

PROPOSED DEVELOPMENT: Alterations and additions including a first floor addition to

an existing dwelling house and its use as a 9 room boarding

house under Affordable Rental Housing SEPP 2009

This Development Application is APPROVED in accordance with the Environmental Planning &

Assessment Act 1979 and is subject to compliance with the requirements of Council, the Building

Code of Australia, the Local Government Act 1993, and the following conditions as set out

hereunder and/or endorsed upon the attached plans.


ATTACHMENT 1


PRELIMINARY

1. This consent shall lapse if the above development is not physically commenced by

the date of expiry shown on the front page of this Consent. Any person entitled to

act on the consent may apply to Council at least 30 days before this three year

period expires, for an extension of one year (in accordance with Section 95A of the

Environmental Planning & Assessment Act 1979), provided that good cause is

shown. Note: Failure to lodge an application for extension of consent will mean the

consent lapses and a fresh application will be required that will be assessed in

accordance with current controls.

2. Development shall take place in accordance with the attached endorsed plans:

Architectural plans prepared by Enhance Group Project Pty Ltd, Job No. 1513,

Drawing no. DA050, DA060, DA100, DA101, Issue C, dated 22/04/2016,

DA200, DA300 and DA301, Issue B dated 29/03/2016;

Stormwater Concept Plan prepared by Enhance Group Project Pty Ltd, Job No.

1513, Drawing no. DA600, Issue A, dated 11/07/2016;

Waste Management Plan dated 10/01/2016;

BASIX Certificate No. A239220_03 dated 22 April 2016;

Plan of Management prepared by DB Consulting dated 21 June 2016.

a) As amended in red by Council. All amendments are to be incorporated in the

Construction Certificate plans.

3. All building work shall be carried out in accordance with the requirements of the

Building Code of Australia. No work is to commence until such time as a

Construction Certificate is obtained for the work/building permitted by this Consent.

Appointment of Council or a Private Certifier as the Principal Certifying Authority

(PCA)

4. Either Council or a Private Certifier is to be appointed as the Principal Certifying

Authority (PCA) for the development in accordance with Section 109E of the Act.

Accordingly, wherever reference is made to the Principal Certifying Authority in this

Consent, it refers to Council or the Private Certifier as chosen by you.

Note: Once you have chosen either Council or a Private Certifier as the PCA, you

cannot change from one to the other, or from one Private Certifier or another,

without the approval of Department of Planning & Infrastructure.

5. The applicant shall consult with, as required:

(a) Sydney Water Corporation Limited

(b) Integral Energy

(c) Natural Gas Company

(d) A local telecommunications carrier

regarding their requirements for the provision of services to the development and

the location of existing services that may be affected by proposed works, either on

site or on the adjacent public road(s).


ATTACHMENT 1


6. Building materials, builders sheds, waste bins, site fencing, gates or any material of

any description shall not be left or placed on any footway, road or nature strip.

Footways and nature strips shall be maintained, including the cutting of vegetation,

so as not to become unsightly or a hazard for pedestrians. Offenders will be

prosecuted.

Demolition

7. In the event that demolition is to occur prior to the issue/release of a Construction

Certificate, all relevant fees and bonds such as the demolition inspection fee, kerb

& gutter and tree protection bonds shall be paid in full to Council prior to demolition

commencing (as per the relevant conditions elsewhere in this Development

Consent). Furthermore, the applicant/developer is to ensure that all relevant

conditions in this Development Consent relating to the protection of the site,

adjoining lands and trees are adhered to in full prior to commencement of any

demolition works.

8. Permission is granted for the part demolition as indicated on the plans, subject to

strict compliance with the following:-

a) Demolition is to be carried out in accordance with the applicable provisions of

Australian Standard AS2601-2001 - Demolition of Structures. Note:

Developers are reminded that WorkCover requires that all plant and

equipment used in demolition work must comply with the relevant Australian

Standards and manufacturer specifications. a) The developer is to notify

owners and occupiers of premises on either side, opposite and at the rear of

the development site five (5) working days prior to demolition. Such

notification is to be a clearly written on A4 size paper giving the date

demolition will commence and is to be placed in the letterbox of every

premises (including every residential flat or unit, if any) either side,

immediately at the rear of, and directly opposite the demolition site. The

demolition must not commence prior to the date stated in the notification.

b) Five (5) working days (i.e., Monday to Friday with the exclusion of Public

Holidays) notice in writing is to be given to Council for inspection of the site

prior to the commencement of works. Such written notice is to include the

date when demolition will commence and details of the name, address,

business hours, contact telephone number and licence number of the

demolisher. Works are not to commence prior to Council’s inspection and

works must also not commence prior to the commencement date nominated

in the written notice.

c) On the first day of demolition, work is not to commence until Council has

inspected the site. Should the building to be demolished be found to be

wholly or partly clad with asbestos cement, approval to commence demolition

will not be given until Council is satisfied that all measures are in place so as

to comply with WorkCover’s document “Your Guide to Working with Asbestos”,

a copy of which accompanies this Development Consent and demolition

works must at all times comply with its requirements.

d) On demolition sites where buildings to be demolished contain asbestos

cement, 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 on the site


ATTACHMENT 1


to the satisfaction of Council’s officers. Advice on the availability of these

signs can be obtained by telephoning Council's Customer Service Centre

during business hours on 9840 9840. The sign is to be erected prior to

demolition work commencing and is to remain in place until such time as all

asbestos cement has been removed from the site to an approved waste

facility. This condition is imposed for the purpose of worker and public safety

and to ensure compliance with Clause 259(2)(c) of the Occupational Health

and Safety Regulation 2001.

e) Demolition shall not commence until all trees required to be

retained/transplanted are protected in accordance with those conditions

stipulated under “Prior to Works Commencing” in this Consent.

f) All previously connected services are to be appropriately disconnected as part

of the demolition works. The applicant is obliged to consult with the various

service authorities regarding their requirements for the disconnection of

services.

g) Demolition works involving the removal and disposal of asbestos cement

must only be undertaken by contractors who hold a current WorkCover

“Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos

Licence”.

h) Demolition is to be completed within five (5) days of commencement.

i) Demolition works are restricted to Monday to Friday between the hours of

7.00am to 6.00pm. No demolition works are to be undertaken on Saturdays,

Sundays or Public Holidays.

j) Protective fencing is to be installed to prevent public access to the site.

k) All asbestos laden waste, including asbestos cement flat and corrugated

sheets must be disposed of at a tipping facility licensed by the Office of

Environment and Heritage (OEH).

l) Before demolition operations begin, the property shall be connected to the

sewer of Sydney Water to which a pedestal pan shall be temporarily

connected for the use as the employees’ toilet service during demolition

operations.

m) After completion, the applicant shall notify Council within seven (7) days to

assess the site and ensure compliance with AS2601-2001 – Demolition of

Structures.

NOTE: The person responsible for disposing of the above asbestos waste is to

telephone the OEH on (02) 9995 5000 or Council’s Waste Officer on (02)

9840 9715 to determine the location of a tip licensed to receive asbestos.

Within fourteen (14) days of the completion of demolition works, the

applicant must lodge with Council, all original weighbridge receipts issued

by the receiving tip as evidence of proper disposal.

n) Within fourteen (14) days of completion of demolition, the applicant shall

submit to Council:

i) An asbestos clearance certificate prepared by a NATA accredited

occupational hygienist; and

ii) A signed statement verifying that demolition work and the recycling of

materials was undertaken in accordance with the Waste Management

Plan approved with this consent under DCP 2013 Part A, Section 11.0.

In reviewing such documentation Council will require the provision of

original weighbridge receipts for the recycling/disposal of all materials.


ATTACHMENT 1


Note: To find a list of NATA accredited facilities visit the NATA website at

www.nata.asn.au and under ‘Find a Facility or Lab’ type in ‘asbestos

identification’ in ‘keywords’ then click on ‘chemical testing’ in NSW

then click on the search button. A list of laboratories will be produced

which you can contact for the purpose of having a clearance certificate

issued.

9. Payment of $433.60 fee for inspection by Council of the demolition site prior to

commencement of any demolition works.

BASIX (Building Sustainability Index)

10. Under Clause 136D of the Environmental Planning & Assessment Regulation 2000,

it is a condition of this Development Consent that all the commitments listed as per

Condition 2 in relation to BASIX are fulfilled.

Subdivision

11. Any form of subdivision of the boarding house is not permitted.

PRIOR TO ISSUE/RELEASE OF CONSTRUCTION CERTIFICATE

The following conditions must be complied with prior to the issue of a Construction

Certificate. In many cases the conditions require certain details to be included with or

incorporated in the detailed plans and specifications which accompany the Construction

Certificate:-

Payment of Bonds, Fees and Long Service Levy

12. The Principal Certifying Authority is to ensure and obtain written proof that all bonds,

fees and contributions as required by this consent have been paid to the applicable

authority. This includes all Long Service Levy payments to be made to the Long

Service Payments Corporation.

Section 94 Contribution

13. Prior to the issue of a Construction Certificate, a monetary contribution imposed

under section 94 of the Environmental Planning and Assessment Act 1979 and

Holroyd Section 94 Development Contributions Plan 2014, for 9 boarding rooms is

to be paid to Council. At the time of this development consent, the current rate of

the contribution is $17,795. The amount of the contribution will be determined at

the time of payment in accordance with the relevant s94 Contributions Plan in force

at that time. A copy of the Holroyd Section 94 Development Contributions Plan 2013

can be viewed on Council’s website at www.holroyd.nsw.gov.au or inspected at

Council’s Civic Centre located at 16 Memorial Avenue, Merrylands between the

hours of 8am and 4.30pm Monday to Friday.

Damage Deposit

http://www.nata.asn.au/

http://www.holroyd.nsw.gov.au/


ATTACHMENT 1


14. A cash bond/bank guarantee of $1,643.20 must be paid/lodged with Council to

cover making good any damage caused to the property of Council, during the course

of construction associated with the development. This will be held for ‘six (6) months

after the completion of works’ or six (6) months after the issue of ‘Final Occupation

Certificate’ (whichever occurs last) to remedy any defects that may arise within this

time.

Note:- The applicant/owner shall be held responsible for and may be

required to pay the full reinstatement costs for damage caused to Council’s

property (such as road pavement, kerb and guttering, footway, stormwater

drainage etc), unless the applicant/owner notifies Council in writing and

provides photographic proof of any existing damage to Council’s property.

Such notification shall occur prior to works/demolition commencing.

However, if in the opinion of Council, during the course of construction

existing damage has worsened, Council may require full reinstatement. If

damage does occur during the course of construction, prior to reinstating

any damage to Council’s property, the applicant/owner shall obtain design

specifications of all proposed restoration works. Restoration/construction

works within the road reserve shall be carried out by a licensed

construction contractor at the applicant/owners expense and shall be

inspected by Council prior to placement of concrete and/or asphalt.

Consistency with Endorsed Development Consent Plans

15. The Principal Certifying Authority must ensure that any certified plans forming part

of the Construction Certificate, are in accordance with the Development Consent

plans.

Sydney Water

16. A building plan approval must be obtained from Sydney Water Tap In™ to ensure

the development will not affect any Sydney Water wastewater and water mains,

stormwater drains and/or easement.

A copy of the building plan approval receipt from Sydney Water Tap in™ must be

submitted to the Principal Certifying Authority, prior to the issue of a Construction

Certificate.

Please refer to the website www.sydneywater.com.au.

Road Works

17. If demolition/construction activity will impact on traffic flow or pedestrian access or

any road and drainage works are proposed to be carried out in the public road

reserves, a Traffic Management Plan shall be lodged and seek approval with

Council, in strict compliance with the current Australian Standard 1742.3 (Traffic

Control Devices for Works on Roads). If required to be prepared (to be determined

by the Principal Certifying Authority), a copy of the approved Traffic Management

Plan shall be kept on site during the course of construction for reference and

compliance.

Required Submissions to Certifying Authority

http://www.sydneywater.com.au/


ATTACHMENT 1


18. If the development likely to disturb or impact upon telecommunications

infrastructure, written confirmation from the service provider that they have agreed

to the proposed works must be submitted to the Principal Certifying Authority prior

to the issue of a Construction Certificate or any works commencing, whichever

occurs first.

19. The arrangements and costs associated with any adjustment to

telecommunications infrastructure shall be borne in full by the applicant/developer.

20. Retaining walls greater than 1.0m above finished ground level or other approved

methods necessary to prevent the movement of excavated or filled ground, together

with associated stormwater drainage measures, shall be designed by an

appropriately qualified person. Details are to be included with any Construction

Certificate application.

21. Structural engineer’s details (in duplicate) prepared and certified by a practising

qualified structural engineer of all reinforced concrete and structural members shall

be submitted to the Principal Certifying Authority.

Sight Distance

22. To maintain sight distance to pedestrians, all fencing and landscaping within 2.0m of a

driveway shall have a maximum height of 1.0 m and 50% transparent above a height of

0.5m. All solid posts higher than 0.5m (but lower than 1m) shall have a maximum width

350mm and a minimum spacing of 1.2m. Details shall be submitted to the Principal

Certifying Authority, prior to the issue of a Construction Certificate.

Salinity

23. The subject site has been identified as having a potential salinity hazard. To prevent

moisture/salinity from entering the built structure, appropriate construction

methods are to be incorporated for all dwellings/buildings. Details of proposed

methods of construction are to be detailed in the engineering plans and submitted

to the PCA.

Note: Further information for building in a saline environment is available in the

following documents:

“Building in Saline Environment” prepared by DIPNR 2003.

Water Sensitive Urban Design in the Sydney Regions “Practice Note 12:

Urban Salinity”

Wagga Wagga City Council’s “Urban Salinity Action” October 1999

“Guide to Residential Slabs and Footings in Saline Environments”

prepared by Cement Concrete and Aggregates Australia, May 2005

Construction Management Plan

24. A Construction Management Plan (CMP) prepared by a suitable qualified consultant

shall be prepared to address issues such as traffic control, noise, dust, etc., during

construction. All measures works/methods/procedures/control


ATTACHMENT 1


measures/recommendations made within the Construction Management Plan shall

be implemented accordingly.

PRIOR TO WORKS COMMENCING

The following conditions are to be complied with prior to any works commencing on the

site:

Appointment of Principal Certifying Authority and Notification of Commencement

of Work

25. The person having the benefit of the development consent, not the principal

contractor (builder), must: -

a) Appoint a Principal Certifying Authority in accordance with Section 81A(2)(b)

of the Act.

b) Have the Principal Certifying Authority complete the ‘Accredited Certifier

Details’ on the approved form provided by Council for this purpose, an original

of which is attached to this Development Consent.

c) Notify Council of the appointment of the Principal Certifying Authority and of

the intention to commence building work, such notification is to be given to

Council at least two (2) working days prior to the proposed commencement

date, and be on the approved form provided by Council for this purpose, an

original of which is attached to this Development Consent.

If nominated, Council can provide this service for you and act as the Principal

Certifying Authority.

N.B. The Principal Certifying Authority must also notify the person having the

benefit of the Development Consent of any mandatory critical stage

inspections and other inspections that are to be carried out in respect of the

building work such notification must comply with Clause 103A of the

Regulations.

Notification of Principal Contractor (Builder)/Owner-Builder

26. The person having the benefit of the Development Consent must:-

(a) Notify the Principal Certifying Authority that the person will carry out the work

as an owner-builder, if that is the case;

OR

(b) Appoint a Principal Contractor for the building work (who must be the holder

of a contractor licence if any residential building work is involved), and notify

the Principal Contractor of any mandatory critical stage inspections and other

inspections that are to be carried out in respect of the building work.


ATTACHMENT 1


(c) Notify the Principal Certifying Authority of any such appointment.

Where Council is the Principal Certifying Authority, such notification is to be on the

approved form provided by Council for this purpose, an original of which is attached

to this Development Consent.

Required Submissions to Certifying Authority

27. To facilitate a complete assessment and enable the Certifying Authority to check

compliance on site, truss validation and design, details certified by a qualified

practising structural engineer shall be submitted to Council or the Principal

Certifying Authority for examination and approval. Details shall include:

a) job address and builder’s name

b) design wind velocity

c) terrain category

d) truss spacing

e) roof pitch

f) material of roof

g) roof batten/purlin spacing

h) material of ceiling

i) job number

28. A certificate shall be submitted to the Principal Certifying Authority in accordance

with the requirements of Part 3.11, Clause 3.11.2 and Clause 3.11.3 of the Building

Code of Australia, by a qualified practising structural engineer certifying the

adequacy of the existing dwelling as being capable of supporting the proposed live

and dead loads.

Photographic Record of Council Property – Damage Deposit

29. The applicant shall submit to Council, for the purposes of the damage deposit bond

lodged to cover making good any damage caused to the property of Council, a full

and satisfactory photographic record of the condition of Council’s property (i.e., road

pavement, kerb and guttering, footway, stormwater drainage, etc.) adjacent to the

subject site. The purpose of the photographic record is to establish any pre-existing

damage to Council’s property to ensure that you are not liable for any re-instatement

works associated with that damage. However, if in the opinion of Council, the

existing damage has worsened or any new damage is caused during the course of

construction, the Council may require either part or full re-instatement.

Note: Failure to provide a full and satisfactory photographic record described

above, is likely to render the applicant liable to rectify all damages unless

satisfactory proof can be provided that the damage was pre-existing.

Fencing of Sites

30. Fencing of sites is required to prevent public access when the site is unoccupied

and building works are not in progress. In this regard the MINIMUM acceptable

standard of fencing to the site is properly constructed chain wire fencing 1.8m high,


ATTACHMENT 1


clad internally with Hessian or Geotextile fabric. All openings are to be provided with

gates, such gates are not at any time to swing out from the site or obstruct the

footpath or roadway.

Signs to be Erected on Sites

31. A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the Principal Certifying

Authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and

a telephone number on which that person may be contacted outside working

hours and at any time for business purposes, and

(c) stating that unauthorised entry to the work site is prohibited.

The sign must be rigid and durable and be read easily by anyone in any public road

or other public place adjacent to the site.

Any such sign is to be maintained while the building work, subdivision work or

demolition work is being carried out, but must be removed when the work has been

completed.

This clause does not apply in relation to building work, subdivision work or

demolition work that is carried out inside an existing building that does not affect

the external walls of the building.

Note: Principal Certifying Authorities and Principal Contractors must also ensure

that signs required by this clause are erected and maintained (clause 227A

of the Regulations currently imposes a maximum penalty of $1,100).

Prohibited Signage

32. Advertising, Real Estate Agents, Architects, Designers, site suppliers and any other

signage not mentioned in the conditions, is not to be placed or displayed on the site,

such that the signage is visible from any public place. Offenders may be prosecuted.

Protection of Public Places

33. A hoarding or fence must be erected between the work site and any public place, if

the work involved in the erection or demolition of the building; is likely to cause

pedestrian or vehicular traffic in a public place to be obstructed or rendered

inconvenient, or involves the enclosure of a public place.

If necessary, an awning is to be erected, sufficient to prevent any substance from,

or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be

hazardous to persons in the public place.


ATTACHMENT 1


Site Control Measures

34. Suitable erosion and sediment control measures shall be provided at all vehicular

entry/exit points and all other measures required with and/or shown on plans

accompanying the Construction Certificate, to control soil erosion and

sedimentation, are to be in place prior to the commencement of construction works.

Such controls are to be provided in accordance with Council’s “Erosion & Sediment

Control Policy.”

Note: On-the-spot fines may be issued by council where measures are absent or

inadequate.

Footpaving, Kerbing and Guttering

35. Protection must be provided for Council footpaving, kerbing and guttering. Wooden

mats must also be provided at all entrances where the site fronts paved footpaths.

36. Finished street levels shall not be assumed. The owner or builder must make

application to Council’s Engineering Services Department for street levels.

Support for Neighbouring Buildings

37. If an excavation associated with the erection or demolition of a building extends

below the level of the base of the footings of a building on an adjoining allotment of

land (including a public road and any other public place), the person causing the

excavation to be made:-

a) must preserve and protect the building from damage, and

b) if necessary, must underpin and support the building in an approved manner,

and

c) must, at least seven (7) days before excavating below the level of the base

of the footings of a building on an adjoining allotment of land, give notice of

intention to do so to the owner of the adjoining allotment of land and furnish

particulars to the owner of the building being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the cost of

work carried out for the purposes of this clause, whether carried out on the

allotment of land being excavated or on the adjoining allotment of land. (In this

clause, allotment of land includes a public road and any other public place).

Toilet Facilities

38. Toilet facilities are to be provided, at or in the vicinity of the work site on which work

involved in the erection or demolition of a building is being carried out, at the rate

of one toilet for every 20 persons or part of 20 persons employed at the site.

Each toilet provided:

a) Must be a standard flushing toilet, and

b) Must be connected:

i) To a public sewer,

ii) If connection to a public sewer is not practicable, to an accredited

sewage management facility approved by the Council, or


ATTACHMENT 1


iii) If connection to a public sewer or an accredited sewage management

facility is not practicable, to some other sewage management facility

approved by the Council.

iv) The position of the toilet on the site shall be determined by Council’s

Building Surveyor and/or Sydney Water.

Residential Building Work - Insurance

39. Residential building work within the meaning of the Home Building Act 1989 must

not be carried out unless the Principal Certifying Authority for the development to

which the work relates (where not Council) has given Council written notice of the

following information:-

(a) in the case of work for which a Principal Contractor is required to be

appointed:

(i) the name and licence number of the Principal Contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that

Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under

that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work

is in progress so that the information notified under this condition becomes out of

date, further work must not be carried out unless the Principal Certifying Authority

for the development to which the work relates (where not Council) has given Council

written notice of the updated information.

The notification is to be on the approved form provided by Council for this purpose,

an original of which is attached to this Development Consent.

Road Works

40. The applicant is to submit to Council an application for a road opening permit when

the drainage connection into Council’s system is within the road reserve. In this

regard the applicant shall pay Council a $159.20 fee prior to the commencement

of works. Additional road opening permits and fees may be necessary where there

are connections to public utility services (eg. telephone, electricity, sewer, water or

gas) required within the road reserve.

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

removal of any affected services in connection with the development. Any such

work being carried out at the applicant’s cost.

Works Within Council’s Reserve


ATTACHMENT 1


42. All works within the Council reserve shall be completed within three (3) weeks of

the date of commencement. Council’s Development Engineer shall be advised

prior to the commencement of works.

43. Submission to Council of a Certificate of Currency of the contractor’s Workers’

Compensation Policy prior to the commencement of works.

44. All construction works shall be in accordance with the WorkCover safety

requirements. Submission of insurance documentation demonstrating a minimum

Public Liability cover of $10,000,000 is to be submitted prior to commencement of

works. Council shall be named on the Certificate of Currency as an interested party.

Notification to Relevant Public Authority

45. The applicant shall ensure that relevant public utility authorities are made aware of

the salinity problems that have been identified by the Department of Land and

Water Conservation, such that their services are designed to take into consideration

the effects the saline soils may have on their installations.

DURING CONSTRUCTION

The following conditions are applicable during construction:-

Endorsed Plans & Specifications

46. A copy of the endorsed stamped plans and specifications, together with a copy of

the Development Consent, Construction Certificate and approved Traffic

Management Plan are to be retained on site at all times.

Hours of Work & Display of Council Supplied Sign

47. For the purpose of preserving the amenity of neighbouring occupations building

work including the delivery of materials to and from the site is to be restricted to the

hours of 7.00am to 6.00pm Mondays to Fridays and 8.00am to 4.00pm Saturdays.

Work on the site on Sundays and Public Holidays is prohibited. Note: Demolition

work is not permitted on weekends or Public Holidays - refer to specific demolition

condition for approved hours.

The yellow “Hours of Building Work” sign (supplied by Council with the approval), is

to be displayed in a prominent position at the front of the site for the duration of

the work.

Site Control

48. All soil erosion measures required in accordance with the approved sediment and

erosion control plan and any other relevant conditions of this Consent are to be put

in place prior to commencement of construction works are to be maintained during

the entire construction period until disturbed areas are restored by turfing, paving

or revegetation. This includes the provision of turf laid on the nature strip

adjacent to the kerb.


ATTACHMENT 1


49. Builder’s refuse disposal and storage facilities are to be provided on the

development site for the duration of construction works and all rubbish shall be

removed from the site upon completion of the project.

50. Stockpiles of sand, soil and other material shall be stored clear of any drainage line

or easement, tree protection zone, water bodies, footpath, kerb or road surface and

shall have erosion and sediment control measures in place to prevent the

movement of such materials onto the aforementioned areas and adjoining land.

Asbestos Cement Sheeting

51. i) All asbestos cement sheeting must be removed by contractors with an

appropriate licence issued by WorkCover and who are familiar with asbestos

removal prior to the commencement of:-

(a) Recladding or brick veneering of any building where the existing walls to

be covered are currently clad with asbestos cement;

OR

(b) Construction work where new work abuts existing asbestos cement

sheeting and/or where parts of the existing building clad with asbestos

cement sheeting are to be altered or demolished.

Removal must be carried out strictly in accordance with WorkCover’s “Your

Guide to Working with Asbestos” (copy attached).

ii) All asbestos laden waste, including asbestos cement flat and corrugated

sheets must be disposed of at a tipping facility licensed by the Environment

Protection Authority (EPA).

Note: The person responsible for disposing of the above asbestos waste is

to telephone the EPA on (02) 9995 5000 or Council’s Waste Officer

on (02) 9840 9715 to determine the location of a tip licensed to

received asbestos. Upon completion of tipping operations the

applicant shall lodge with the Council, all receipts issued by the

receiving tip as evidence of proper disposal.

iii) Within fourteen (14) days of completion of renovation or recladding or brick

veneering works where asbestos cement sheeting was removed, the

applicant shall submit to Council an asbestos clearance certificate prepared

by a NATA accredited occupational hygienist.

Note: To find a list of NATA accredited facilities visit the NATA website at

www.nata.asn.au and under ‘Find a Facility or Lab’ type in ‘asbestos

identification’ in ‘keywords’ then click on ‘chemical testing’ in NSW

then click on the search button. A list of laboratories will be produced

which you can contact for the purpose of having a clearance certificate

issued.

http://www.nata.asn.au/


ATTACHMENT 1


Waste Management

52. The approved Waste Management Plan must be implemented and complied with

during all stages of works on site.

53. Within seven (7) days of completion of construction/building works, the applicant

shall submit a signed statement to Council or the Principal Certifying Authority

verifying that demolition work and recycling of materials was undertaken in

compliance with the Waste Management Plan. The Principal Certifying Authority

shall submit a copy of the statement to Council.

In reviewing such documentation Council will require the provision of actual

weighbridge receipts for the recycling/disposal of all materials.

Compliance with Critical Stage Inspections and other Inspections nominated by the

Principal Certifying Authority

54. Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by

clause 162A of the Regulations) and known as ‘Critical Stage Inspections’ to be

carried out for building work. Prior to permitting commencement of the work your

Principal Certifying Authority is required to give notice of these inspections pursuant

to clause 103A of the Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able

to be used or occupied where any mandatory critical stage inspections or

other inspections required by the Principal Certifying Authority are not carried

out.

Where Council is nominated as Principal Certifying Authority, notification of all

inspections required is provided with the Construction Certificate approval.

Construction

55. The building and external walls are not to proceed past ground floor

formwork/reinforcing steel level until such time as the Principal Certifying Authority

has been supplied with a check survey report prepared by a registered surveyor

certifying that the floor levels and external wall locations to be constructed, comply

with the approved plans, finished floor levels (FFL)s and setbacks to boundary/ies.

The slab shall not be poured, nor works continue, until the Principal Certifying

Authority has advised the builder/developer that the floor level and external wall

setback details shown on the submitted survey are satisfactory.

In the event that Council is not the Principal Certifying Authority, a copy of the survey

shall be provided to Council within three (3) working days.

On placement of the concrete, works again shall not continue until the Principal

Certifying Authority has issued a Certificate stating that the Condition of approval

has been complied with and that the slab has been poured at the approved levels.

Landscaping/Site Works


ATTACHMENT 1


56. All turfed areas shall be finished level with adjoining surfaces and also fall evenly to

approved points of drainage discharge.

57. The applicant shall accept all responsibility for the accuracy of the information

provided to Council for assessment. If any tree/s are not shown on the endorsed

plan or are required to be retained/transplanted and protected but are threatened

by demolition/construction work through unforeseen construction requirements or

plan inaccuracy, all site and building works so affected are to cease until the matter

is resolved to the satisfaction of Council. Council’s Environmental and Planning

Services Department is to be notified immediately upon such a problem being

encountered.

Roadworks and Footpaving

58. Pedestrian access, including disabled and pram access, is to be maintained as per

Australian Standard AS1742.3 “Part 3 – Traffic Control Devices for Works on

Roads”.

59. All advisory and regulatory sign posting (for example parking restriction signage,

pedestrian crossing signs, warning signs) are to remain in place during construction.

Vehicle Cleansing

60. Concrete trucks and trucks used for the transportation of building materials shall

not traffic soil, cement or similar materials onto the road. Hosing down of vehicle

tyres shall be conducted in a suitable off-street area where wash water is prevented

from entering the stormwater system or adjoining property.

Importation of Fill

61. All imported fill shall be validated in accordance with Council’s Contaminated Land

Policy to ensure that it is suitable for the proposed land use from a contamination

perspective.

Additional Information during Demolition/Construction

62. Any new information which comes to light during demolition or construction works

which has the potential to alter previous conclusions about site contamination, shall

be notified to Council immediately.

Driveways

63. All new driveways shall be located at least 1.0 metre away from the side boundaries

with the area between the driveway and the boundary suitably landscaped.

Alarms

64. The developer/builder shall not install any audible intruder alarms within the units.

If the building is to be provided with a burglar alarm system, this shall incorporate

back to base monitoring such that residents can connect thereto from each

individual unit.


ATTACHMENT 1


Underground Cabling

65. All communications cabling shall be installed underground as per relevant authority

requirements (including broadband and Category 5).

Underground Power Connection

66. Where electricity reticulation cannot be obtained directly from the street, power

connection is to be underground. No intermediate power pole is permitted.

Salinity

67. The building and external walls are not to proceed past ground floor

formwork/reinforcing steel level until such time as the Principal Certifying Authority

has confirmed that all required construction measures addressing salinity, as

required by this Consent and its accompanying Construction Certificate have been

carried out.

Rainwater Tank

68. The design of the rainwater tank(s) should allow a horizontal clearance of at least

450mm for pedestrian movement. This tank must not exceed 2.4 metres in height

above ground level, including any stand for the tank.

PRIOR TO ISSUE OF FINAL OCCUPATION CERTIFICATE

The following conditions are to be complied with prior to the issue of a final occupation

certificate:-

Compliance Certificates/Documentary Evidence

69. A final clearance is to be obtained from Integral Energy if such clearance has not

previously been issued.

70. A Section 73 Certificate (Sydney Water) must be submitted to the Principal Certifying

Authority prior to occupation of the development.

71. Details of the registered community housing provider responsible for the

management of the boarding house and the contract with the housing provider shall

be submitted.

72. Structural Engineer’s certificate from the supervising structural engineer

responsible for the design shall be submitted to the Principal Certifying Authority

and shall state that all foundation works/reinforced concrete/structural members

have been carried out/erected in accordance with the Engineer’s requirements and

the relevant SAA Codes.

Note: Any such certificate is to set forth the extent to which the engineer has relied

on relevant specifications, rules, codes of practice or publications in respect of the

construction.


ATTACHMENT 1


73. A certificate of compliance for the construction of vehicular crossings, footpath

paving, kerb and guttering and roadworks shall be obtained from Council and be

submitted to the Principal Certifying Authority.

House/Street Number

74. A house/street number must be displayed on all newly developed properties in

accordance with Council's "Policy on the Display of House Numbers" available from

the Customer Services Counter or Council's website, www.holroyd.nsw.gov.au.

General

75. Council shall be notified of the issue of the Occupation Certificate where Council is

not the Principal Certifying Authority.

76. Documentary evidence and/or certificate of compliance must be submitted to

Council to show that all works have been completed in accordance with this

Development Consent and its accompanying Construction Certificate.

77. Any works requiring levels within the road reserve will require the submission of

Council’s Vehicle Crossing application form.

78. The vehicle crossing between the street and front boundary shall be constructed of

plain concrete with no colour or stencilling.

79. Removal of all redundant vehicular crossings and laybacks along the full road

frontage and replacement with kerb and gutter. These works shall be carried out by

a licensed construction contractor at the applicant’s expense and shall be in

accordance with Council’s standard drawing number SD-8100.

Accommodation – Registration and Caretaker

80. Prior to the issue of any Occupation Certificate, Council must be advised in writing

of the business name, address, owner or company name, 24 hour contact details

for the site manager, and the number of occupants approved for the premises. A

caretaker/manager must be contactable 24 hours a day.

Health Database Registration

81. The business is to be registered with Council prior to the issue of any Occupation

Certificate.

Air Conditioning

82. At the completion of the installation of the mechanical ventilation system, the

Principal Certifying Authority is to be provided with a certificate from the installer

that includes:

(a) inspection, testing and commissioning details,

(b) date of inspection testing and commissioning,

(c) the name and address of the individual who carried out the test,

http://www.holroyd.nsw.gov.au/


ATTACHMENT 1


(d) statement that the service has been designed, installed and is capable of

operating to the above standard.

Restrictive covenant

83. A restrictive covenant is to be registered on the title of the development restricting

any alteration to its use as a boarding house.

84. A covenant is to be registered on title prior to an Occupation Certificate being issued

or commencement of the building operating as a boarding house, whichever

happens first. All costs of the preparation and registration of any associated

documentation are to be borne by the applicant.

CONDITIONS RELATING TO USE

The following conditions are applicable to the use of the development:-

Subdivision


Boarding House Use

86. The use and operation of the premises must comply with the requirements of

Schedule 2 (Standards for Places of Shared Accommodation) of the Local

Government (General) Regulation 2005, under the Local Government Act 1993 as

well as the Public Health Act 2010, the Boarding Houses Act 2012 and regulations

thereunder.

87. The accommodation of the building must be used as a boarding house as defined

in State Environmental Planning Policy (Affordable Rental Housing) 2009 and not

for the purposes of permanent residential accommodation or hotel, motel, serviced

apartments, private hotel, tourist accommodation or the like.

88. Any alteration to the boarding house will require a Development Application or

Section 96 Modification Application be lodged with and approved by Council.

89. The owner and/or their representative such as a building manager or agent are not

permitted to advertise or organise for short term or share accommodation in the

building.

90. The lodgers must be subject to an occupancy agreement for a term of at least three

(3) months.

91. The rent charged shall not exceed the maximum tariff for boarding houses or lodging

houses as determined by the Office of State Revenue NSW Boarding House land tax

exempting rules.

92. The boarding house shall be operated in accordance with the approved Plan of

Management and house rules at all times. Any variation to the Plan of Management

may only be made with the written consent of Council.


ATTACHMENT 1


93. A maximum 9 residents shall occupy the boarding house at any one time; with a

maximum of 1 resident per room.

Access and Car Parking

94. The car parking spaces, driveways and manoeuvring areas are to be used for

resident vehicles only and not for the storage of materials, furniture or goods.

95. At least 2 car parking spaces, 2 motorbike spaces and 2 bicycle spaces numbered

and linemarked in accordance with the endorsed plan, are to be made available at

all times for resident vehicles in conjunction with the occupation of the building.

Alarms

96. Where audible intruder alarms are installed in the units by residents, they shall be

fitted with a timing device in accordance with the requirements of the Protection of

the Environment Operations Act 1997. (Note: Condition 64 above, prevents the

developer/builder from installing audible alarms).

General

97. House/Street and Unit Identification numbers are to be clearly displayed.

Emergency Procedures

98. Instructions concerning procedures to be adopted in the event of an emergency are

to be clearly displayed on the premises at the main entrances and in the communal

recreation room for both public and staff information at all times to the satisfaction

of Council, prior to commencement of the use.

Fire Safety

99. The owner of a building to which an essential fire safety measure is applicable must

not fail to maintain each essential fire safety measure in the building premises to a

standard not less than that specified in the Fire Safety Schedule.

Air Pollution

100. The use of the premises shall not give rise to air impurities in contravention of the

Protection of the Environment Operations Act 1997 and shall be controlled in

accordance with the requirements of such Act.

101. In the event of Council receiving complaints regarding air pollution or odour from

the premises, the person(s) in control of the premises shall at their own cost arrange

for an environmental investigation to be carried out (by a suitably qualified person)

and submit a report to Council specifying the proposed methods for the control of

odour exiting the premises.

Waste Storage


ATTACHMENT 1


102. All waste and recycling containers shall be stored in the designated waste storage

area. The body corporate shall be responsible for movement of the waste and

recycling containers to the footpath for weekly collections, and the return of waste

and recycling containers to the waste storage area. The Body Corporate shall clean

the waste storage area, dry arrestor pit and waste collection containers.

103. In the event of Council receiving complaints regarding excessive odour from the

garbage bay area, the person(s) in control of the premises shall at their own cost

arrange for an environmental investigation to be carried out (by a suitably qualified

person) and submit a report to Council specifying the proposed methods for the

control of odour emanating from the garbage bay area.

Noise

104. The operation of all plant and equipment shall not give rise to an equivalent

continuous (LAeq) sound pressure level at any point on any residential property

greater than 5dB(A) above the existing background LA90 level (in the absence of the

noise under consideration).

105. In the event of Council receiving complaints regarding excessive noise, the

person(s) in control of the premises shall at their own cost arrange for an acoustic

investigation to be carried out (by a suitably qualified person) and submit a report

to Council specifying the proposed methods for the control of noise emanating from

the premises.

106. Noise and vibration from the use of the air conditioning system (if any installed)

shall not exceed the background level by more than 5dB(A) and shall not be audible

in any premises of a different occupancy between 10:00pm and 7:00am on

weekdays and 10:00pm and 8:00am on weekends and public holidays.

Visual Privacy

107. Visual privacy mechanisms adopted shall be maintained in their as constructed

condition for the life of the development.

Safety

108. Landscaping shall be maintained at all times to permit surveillance.

109. Where an intruder alarm is installed on the premises it shall be fitted with a timing

device in accordance with the requirements of the Protection of the Environment

Operations Act 1997.

Rainwater Tank

110. The operation of the pump from the rainwater tank shall not give rise to an

equivalent continuous (LAeq) sound pressure level at any point on any residential

property greater than 5dB(A) above the existing background LA90 level (in the

absence of the noise under consideration). Council may require an Acoustic Report

to be submitted, prepared by a suitably qualified person, to ensure this requirement

is met in the event of Council receiving complaints.


ATTACHMENT 1


111. The design of the rainwater tank(s) should allow a horizontal clearance of at least

450mm for pedestrian movement. This tank must not exceed 2.4 metres in height

above ground level, including any stand for the tank.

Subdivision


ADVISORY NOTES

Other Necessary Approvals

A. The applicant’s attention is drawn to the need to obtain Council’s separate approval

for any ancillary activity not approved by this consent, including:

(a) Works, including the pruning or removal of any tree(s) not authorised in the

preceding conditions or on the approved plans. Council’s Tree Preservation

Order protects trees by definition taller than 3.5m or having a trunk

circumference exceeding 500mm measured one metre above ground level. If

in doubt contact Council’s Tree Management Officer.

(b) Any fencing located forward of the proposed building and exceeding the

limitations specified in Local Environmental Plan 2013, Part 3 “Exempt and

Complying Development”.

(c) The erection of any advertising sign, not being exempt from the need to obtain

approval.

(d) The installation of any furnace, kilns, steam boiler, chemical plant, sand blast,

spray painting booth or the like.

NOTE: * If you carry out building work as an owner builder and sell your home

within seven (7) years from the date of completion (date of final

occupation certificate), then a Certificate of Insurance must be attached

to your Contract of Sale.

B. Section 97 of the Act provides that an applicant who is dissatisfied with the

Council’s determination of the Development Application may appeal to the Land

and Environment Court within 6 months of the date of determination, or as

otherwise prescribed.

C. Section 82A of the Act provides that an applicant may request, within 6 months of

the date of determination of the Development Application, that the Council review

its determination (this does not apply to integrated or designated development). A

fee is required for this review.

It should also be noted that an application under Section 82A of the Act cannot be

reviewed/determined after 6 months of the date of determination. Therefore, the

submission of a Section 82A Application must allow sufficient time for Council to

complete its review within the prescribed time frame, including the statutory

requirement for public notification.

D. Information regarding the location of underground services may be obtained from

Sydney One Call Service (NSW Dial Before You Dig), telephone 1100, Fax 1300 652


ATTACHMENT 1


077. Inquirers should provide SOCS with the street/road name and number, side

of street/road and the nearest cross street/road.

E. A Construction Certificate shall be obtained in accordance with Section 81A (2)(a)of

the Act, prior to the commencement of any work on site. Council can provide this

service for you.

F. An Occupation Certificate is to be issued by the Principal Certifying Authority prior

to the occupation of the building.

G. DEMOLITION

(a) Demolition is to be carried out in accordance with AS2601-2001, Demolition

of Structures.

(b) Demolition is to be carried out in such a way and with such control measures

as are necessary to prevent the occurrence of any dust, noise, runoff or other

nuisance.

(c) All sediment/soil is to be prevented from entering Council's stormwater

drainage system.

(d) The public footpath and roadway is to be protected against damage as a result

of demolition activities and is to be kept clean and free of all soil and other

materials.

(e) On completion of demolition the site is to be left in a clean and tidy condition.

(f) Council has a Tree Management Order which applies to the entire Council. No

ring-barking, cutting down, topping, lopping, removing, injuring or wilful

destruction of any tree or trees exceeding 3.5m in height and 3m in branch

spread shall take place without the prior written consent of Council.

(g) There shall be no burning of any waste, as this is prohibited within the Council.

(h) Demolition material can be recycled saving the environment and also tipping

costs. For more information, contact the Environment Protection Authority’s

Recycling hotline on 9325 5555.

(i) Public roads shall be kept clean and free of any materials which may fall from

vehicles or plant to ensure safety and amenity of the area.

H. SMOKE DETECTORS

A system of self-contained smoke alarms complying with the requirements of

AS3786-1993, Smoke Alarms or listed in the Scientific Services Laboratory

Register of Accredited Products being installed in the dwelling, connected to the

mains power supply and provided with a standby power supply. Alarms are to be

positioned on the ceiling and setback a minimum distance of 300mm from any wall.

Alarms are to be placed in the vicinity of each area containing bedrooms with a

minimum of one (1) alarm required for each storey of the dwelling.

I. TERMITE PROTECTION

Structural members are to be protected from attacked by subterranean termites in

accordance with the requirements of AS3660.1-2000 Protection of building from

subterranean termites and a durable notice must be affixed within the metre box

indicating the type of protection, its date of installation, life expectancy of any

chemical barrier used, and system maintenance and inspection requirements. A


ATTACHMENT 1


certificate of compliance of the approved system must be submitted to Council or

the Principal Certifying Authority on completion of the system installation. With

respect to chemical protection, a pipe system shall be installed beneath the slabs

plastic membrane to allow re-application of the chemical border.

J. TERMITE PROTECTION

Structural members are to be protected from attacked by subterranean termites in

accordance with the requirements of AS3660.1-2000 Protection of building from

subterranean termites and a durable notice must be affixed within the metre box

indicating the type of protection, its date of installation, life expectancy of any

chemical barrier used, and system maintenance and inspection requirements. A

certificate of compliance of the approved system must be submitted to Council or

the Principal Certifying Authority on completion of the system installation. With

respect to chemical protection, a pipe system shall be installed beneath the slabs

plastic membrane to allow re-application of the chemical border.

K. WET AREAS

Wet areas in the dwelling are to be waterproofed in accordance with AS3740

Waterproofing of wet areas within residential buildings.

Where Council is the Principal Certifying Authority for the works, the submission of

evidence of suitability for the waterproofing product used will be required at the wet

area inspection stage. The evidence of suitability is to be in the form of:-

1. A current Certificate of Accreditation for the product.

AND

2. A certificate from the person responsible for the installation of the product

advising that the product was applied in accordance with the relevant

manufacturers specifications.

Note: Any copy of documentary evidence submitted, must be a complete copy of

the original report or document.

L. LANDINGS

A landing having a minimum length of 750mm and a grade no steeper than 1.50,

must be provided where the sill of a threshold of a doorway opens onto a stair that

provides a change in floor level or floor to ground level greater than 3 risers or

570mm in accordance with Clause 3.9.1.3 (Stair Construction) of the Building Code

of Australia.

M. SARKING

To reduce the risk of injury during works to the roof, sarking with fall arresting ability

is to be provided to the underside of the roof. Manufacturers’ specifications for the

sarking is to be submitted to Council prior to its installation.


ATTACHMENT 1


N. CONSTRUCTION/OCCUPATION CERTIFICATE FEES

An administration fee per certificate (in accordance with Council’s adopted fees and

charges) is payable to Council on lodgement of Construction and Occupation

Certificates from Principal Certifying Authorities.

O. SOUND TRANSMISSION AND INSULATION

To ensure the amenity of occupants in attached residential development (Class 1

buildings), separating walls must be constructed in accordance with Part 3.8.6 of

the Building Code of Australia.



16 Frances Street, Lidcombe


Officer: Michael Lawani

File Number: DA-438/2015

Delivery Program Code: 2a.1.1.3 - Assess development applications, complying

development and construction certificates

Application lodged 02-Dec-2015

Applicant Frances St Dual Property Trust

Owner Frances St Dual Property Pty Ltd

Application No. DA-438/2015

Description of Land Lot 2 DP 151852, 16 Frances Street, LIDCOMBE NSW

2141

Proposed Development Demolition of an existing dwelling and construction of a new

two storey attached dual occupancy with basement parking

Site Area 640.00m2

Zoning Zone R3 - Medium Density Residential


donations and gifts

Nil disclosure

Heritage Not applicable

SUMMARY

1. The subject application seeks consent for demolition of existing structures and

construction of an attached dual occupancy, each dwelling having four bedrooms

over basement parking for four cars.

2. When first submitted, the application was inconsistent with a number of objectives,

performance criteria and development standards of the Auburn DCP 2010.

Amendments to the application were requested in January 2016 and received on

18th March 2016.

3. This report details compliance and non-compliance with applicable provisions of

relevant State Environmental Planning Policies, the Auburn Local Environmental Plan

2010 and the Auburn Development Control Plan 2010. Key issues addressed are:

zoning and permissibility,

streetscape character,

relationships with adjoining development,

vehicle parking and manoeuvring, and

landscaping.

4. This assessment concludes that applicable objectives and performance criteria of

Auburn’s planning framework have not been satisfactorily met by the amended

proposal and a number of deficiencies of standards in the Auburn Development

Control Plan 2010 remain.



5. Above all other site conditions, it is the site’s narrowness which causes considerable

design challenges in terms of compliance with certain aspects of the DCP most

notably vehicle parking and manoeuvring controls. The amended design has not

satisfactorily overcome these constraints. Therefore, the recommendation is that

Development Application No. DA-438/2015 on land at 16 Frances Street, LIDCOMBE

NSW 2141 be refused.

LOCALITY PLAN

REPORT

Introduction


The site is shown on the map above and is legally described as Lot 2 DP 151852. The

site is known as No 16 Frances Street, Lidcombe. It is located on the eastern side of

Frances Street, between Ivor Street to the north and Maud Street to the south. The site

has a 10.06 metre frontage to Frances Street and a total area of 616.87m2 and is

regular in shape.

Erected on the property is a single storey dwelling, swimming pool, garage and car port.

There is no significant vegetation on the site. The site is almost level and has a slight

high point in the centre. The land falls about 200mm in either direction (to the west and

east) from the centre. Surrounding development is a mix of low and medium density

housing of varied vintage and vernacular.




The subject development application is for an attached dual occupancy, with basement

car parking. Architecture for the proposal is a blend of contemporary design and

traditional housing form. When viewed from the street, the two above-ground-levels are

akin to a Victorian terrace of two dwellings conjoined by a party wall, however built in

modern materials with an off-set, or asymmetrical, facade. The ground floor level is raised

above the finished ground level and is accessible by a path with two flights of stairs. A

key aim of the design is to present the building as a single dwelling to be consistent with

the character of Frances Street’s southern section.

At basement level is a garage with a store room for each dwelling. Each garage caters for

two cars in a stacked or end-to-end arrangement. Still within the basement, a ramped

turning area is provided between the garages and the driveway up to the street, designed

to allow vehicles to enter and leave the site in a forward direction.

The ground floor of each dwelling comprises living areas that open onto a private

courtyard at the rear of the site. The upper level consists of bedrooms and associated

amenities, with small balconies overlooking the street frontage and the rear courtyards.

Landscaping is proposed, with pathways for each dwelling leading to the front doors, with

the driveway central to the site. Access paths are sited along the sides of the building,

from the front to the rear of each dwelling. Both rear courtyards are to be turfed, with

garden beds around the side and rear boundaries. A large tree is to be planted in the

northern front yard helping to blend the development into the streetscape and soften the

building’s appearance when viewed from the street.

The images below illustrate the streetscape near the site and local character.

Image 1 Housing mix on Harry Avenue, one block east of the site. Smaller, older dwellings have

been replaced by considerably larger, two-storey residences.



Image 2 Frances Street, looking northwards from its intersection with Maud Street. Its streetscape is

dominated by well-established trees on the street’s western side, the impact of power lines clearly

indicated on the eastern side. Planting larger specimens helps to off-set the impact of the power lines

and poles. The site is roughly adjacent the power-pole (with the street light on top) in the middle-

ground of the image.

Image 3 On Frances Street north of the site, the prevalent development form is medium density

housing. The combination of street trees and front yard plantings give the street a distinctly leafy

character.



Image 4 On Frances Street facing the site, the prevalent development form is medium density

housing. The existing dwelling has a dual car port facing the street.

Image 5 An aerial view of the site showing surrounding development.

History

DA lodgement

The application was lodged with Council on 2 December 2015.

Request for an amended application

On 18 January 2016, a letter was sent by Council to the applicant requesting

amendments to the design and additional information. Amendments were required due

to several non-compliances with the Auburn DCP 2010 and additional information was

required to address certain issues not fully addressed by the application, to enable a

comprehensive assessment.

In summary, the matters Council requested the applicant to address (quoting Council’s

letter of 18 January 20156) were:



Siting in relation to adjacent development,

Vehicle access and manoeuvring,

Excessive paving and masonry between the proposed building and the

street,

Inadequate deep soil zone(s) being created between the street and the

building, to enable planting to complement the streetscape, soften the

appearance of the development and to reduce the amount and impact of

paving and masonry,

There being no external pathway provided between the front and rear of

each dwelling, for general access and building maintenance, and

The proposed 8-metre wide garage opening (combined width of both

doors) being visible from the footpath immediately adjacent the site, albeit

partly obscured by being below ground level and the front porches of each

dwelling being cantilevered over the basement garage entry.

Details to address these and related matters were required to be submitted to Council

within 14 days, by 1 February 2016.

Extensions to submit amended DA

Emails were received from the applicant’s architect requesting extensions to the period

in which to submit the information required by Council.

The first was received on 4 February 2016 and an extension granted until 25 February

2016.

On 23 February 2016 an email from the applicant’s architect requested a second

extension of time, for a period of 4 weeks.

Another extension was granted by Council for four weeks, meaning amended plans and

supporting documentation were due by 22 March 2016. The applicant’s architect was

advised of this by return email on 23 February 2016. The applicant was also advised that

Council would be left with no choice but to refuse the application should the information

not be received by the due date.

Request to withdraw application

On 26 February 2016 the applicant was advised by letter to withdraw the application

within seven days.

The application was not withdrawn and the requested revised design and information

were received before the 22 March 2016 deadline.

Amended application

Documents detailing amendments to the application were received on 18 March 2016.

It is these documents that are the principal focus of this report, the design having been

modified extensively compared to the original application.



Applicant’s Supporting Statement

A letter prepared by TPG Town Planning of 18 March 2016 was submitted as part of the

amended application which outlines how the revised proposal has responded to issues

raised in Council’s letter of 18 January 2016. Documents received were revised architectural

plans, a revised landscaping plan, a traffic and parking report, a new BASIX certificate and a

stormwater concept plan.

These are discussed later by this assessment.


The assessing consultant inspected the site from the street and the surrounding locality on

11 January 2016. Council’s Manager Development Assessment has been in regular contact

with the applicant throughout the assessment process.

Internal Referrals


The development application was referred to Council’s Development Engineer for

comment who has advised that:

The submitted ramp grades generally comply with the Australian Standards to

access the basement garage. However, the manoeuvring area should be at

maximum of 5% slope. The above requirement has not been incorporated in the

plan. It has been proposed to manoeuvre in 20% slope area. The manoeuvring

area does not comply with AS 2890.1 and is not supported.

The turning template has been provided for a B85 vehicle with three point turn due

to the non-compliant width of the site. This should cater for a B99 vehicle. Therefore

the turning template for B85 vehicle is not supported.

The clear garage length has not been annotated to comply with Australian

Standards.

As part of the development application, Council was initially advised that the

applicant is exploring an easement through the downstream properties. The

submitted stormwater plan does not reflect that easement. The proposed

stormwater plan does not address the following:

o The stormwater generated from the development should be collected within the

property and discharge to Council system.

o The overland flow through the development site from the adjacent, upstream

properties should not be impeded and it should be collected within the property

and disposed to Council system.

o A minimum of 2000 litres rainwater tank should be provided for every

unit/dwelling.

o The submitted plan has not addressed the above requirements and the shown

levels on the plans will impede the overland flow and will flood adjacent

properties. Therefore it cannot be supported at current form.



Landscape Architect

The development application was referred to Council’s Landscape Architect for comment

who has raised no objections to the proposed development subject to conditions of

consent.

External Referrals

No external referrals were required.

Planning Assessment

Set out below is an evaluation of the proposed development pursuant to section 79C of the

Environmental Planning and Assessment Act, 1979.




Policies, as discussed hereunder.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A compliant BASIX certificate was submitted with the application.

State Environmental Planning Policy No. 55 – Remediation of Land

The requirement at clause 7 of SEPP No. 55 for Council to be satisfied that the site is

suitable or can be made suitable to accommodate the proposed development has been

considered in the following table:

Matters for Consideration Yes/No

Does the application involve re-development of the site or a change of land

use?

Yes

No

Is the development going to be used for a sensitive land use (e.g.: residential,

educational, recreational, childcare or hospital)?

Yes

No

Does information available to you indicate that an activity listed below has

ever been approved, or occurred at the site?

acid/alkali plant and formulation, agricultural/horticultural activities, airports,

asbestos production and disposal, chemicals manufacture and formulation,

defence works, drum re-conditioning works, dry cleaning establishments,

electrical manufacturing (transformers), electroplating and heat treatment

premises, engine works, explosive industry, gas works, iron and steel works,

landfill sites, metal treatment, mining and extractive industries, oil production

and storage, paint formulation and manufacture, pesticide manufacture and

formulation, power stations, railway yards, scrap yards, service stations, sheep

and cattle dips, smelting and refining, tanning and associated trades, waste

storage and treatment, wood preservation

Yes

No

Is the site listed on Council’s Contaminated Land database? Yes

No



Matters for Consideration Yes/No

Is the site subject to EPA clean-up order or other EPA restrictions? Yes

No

Has the site been the subject of known pollution incidents or illegal dumping? Yes

No

Does the site adjoin any contaminated land/previously contaminated land? Yes

No

Has the appropriate level of investigation been carried out in respect of

contamination matters for Council to be satisfied that the site is suitable to

accommodate the proposed development or can be made suitable to

accommodate the proposed development?

Yes

No


The site is currently used for residential purposes and the proposed development will continue

this land use. A review of Council’s files indicates the site has been historically used for

residential purposes and there is no evidence to suggest that the site is contaminated or has

been used for potentially contaminating activities.

A preliminary site investigation submitted with the application confirmed a low risk to human

health and the environment regarding site contamination and stated the site is suitable for the

proposed development, recommending:

Any material to be removed being classified in accordance with DECC Guidelines; and

A hazardous materials assessment being carried out prior to demolition of existing buildings

and works.

Accordingly, the site is suitable for the proposed development and Council’s obligations under

clause 7 of SEPP 55 are satisfied.

Other State Environmental Planning Policies and Regional Environmental Planning

Policies

No other SEPPs are relevant to the application except the deemed SEPP addressed

below.

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The site is located in the Sydney Harbour Catchment as defined by SREP (Sydney

Harbour Catchment) 2005. The proposal is not expected to have any impacts requiring

assessment against the provisions of the SREP’s Part 2 – Planning Principles, clause

13 – Sydney Harbour Catchment.




Auburn Local Environmental Plan (LEP) 2010

The proposal is assessed with regard to the LEP’s relevant provisions and is found to

comply with them. For convenience, where clauses do not apply to the proposal, details

of these provisions have been omitted from the table.

Clause Complies Comments

Yes No N/A 1.2 Aims of Plan

(1) This Plan aims to make local environmental planning provisions

for land in Auburn in accordance with the relevant standard

environmental planning instrument under section 33A of the Act.

(2) The particular aims of this Plan are as follows:

(a) to establish planning standards that are clear, specific

and flexible in their application,

(b) to foster integrated, sustainable development that

contributes to Auburn’s environmental, social and physical

well-being,

(c) to protect areas from inappropriate development,

(d) to minimise risk to the community by restricting

development in sensitive areas,

(e) to integrate principles of ecologically sustainable

development into land use controls,

(f) to protect, maintain and enhance the natural

ecosystems, including watercourses, wetlands and riparian

land,

(g) to facilitate economic growth and employment

opportunities within Auburn,

(h) to identify and conserve the natural, built and cultural

heritage,

(i) to provide recreational land, community facilities and

land for public purposes.


generally supports the aims of

the plan.

1.9A Suspension of covenants, agreements and instruments

No applicable covenants were

identified.

2.3 Zone objectives and Land Use Table

(1) The Land Use Table at the end of this Part specifies for each

zone:

(a) the objectives for development, and

(b) development that may be carried out without

development consent, and

(c) development that may be carried out only with

development consent, and

(d) development that is prohibited.

(2) The consent authority must have regard to the objectives for

development in a zone when determining a development application

in respect of land within the zone.

(3) In the Land Use Table at the end of this Part:

(a) a reference to a type of building or other thing is a

reference to development for the purposes of that type of

building or other thing, and

(b) a reference to a type of building or other thing does not

include (despite any definition in this Plan) a reference to a

type of building or other thing referred to separately in the

Land Use Table in relation to the same zone.

(4) This clause is subject to the other provisions of this Plan.

Relevant provisions of the LEP

have been considered per

subclauses (2) and (4).

2.5 Additional permitted uses for particular land

No additional permitted uses

are identified for the site.

2.6 Subdivision—consent requirements

Subdivision is not proposed.

2.7 Demolition requires development consent




Yes No N/A Demolition of existing buildings

and works is included in the

application and separate

consent for demolition is not

required under this clause.

Zone R3 Medium Density Residential

1 Objectives of zone

• To provide for the housing needs of the community within a

medium density residential environment.

• To provide a variety of housing types within a medium density

residential environment.

• To enable other land uses that provide facilities or services to

meet the day to day needs of residents.

2 Permitted without consent

Nil

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding

houses; Building identification signs; Business identification signs;

Child care centres; Community facilities; Dual occupancies; Dwelling

houses; Group homes; Multi dwelling housing; Neighbourhood shops;

Places of public worship; Respite day care centres; Roads; Semi-

detached dwellings; Seniors housing; Any other development not

specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Amusement centres; Animal

boarding or training establishments; Boat building and repair

facilities; Boat sheds; Camping grounds; Car parks; Caravan parks;

Cemeteries; Charter and tourism boating facilities; Commercial

premises; Correctional centres; Crematoria; Depots; Eco-tourist

facilities; Electricity generating works; Entertainment facilities;

Environmental facilities; Exhibition villages; Extractive industries;

Farm buildings; Forestry; Freight transport facilities; Function centres;

Heavy industrial storage establishments; Highway service centres;

Home occupations (sex services); Industrial retail outlets; Industrial

training facilities; Industries; Information and education facilities;

Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining;

Passenger transport facilities; Port facilities; Recreation facilities

(major); Registered clubs; Research stations; Residential

accommodation; Restricted premises; Rural industries; Service

stations; Sewerage systems; Sex services premises; Signage; Storage

premises; Tourist and visitor accommodation; Transport depots;

Vehicle body repair workshops; Vehicle repair stations; Veterinary

hospitals; Warehouse or distribution centres; Waste or resource

management facilities; Water recreation structures; Water supply

systems; Wharf or boating facilities; Wholesale supplies

The proposal is consistent with

relevant zone objectives, as the

proposal:

Provides housing

compatible with a medium

density character, and

Adds variety to existing

housing stock.

The proposed dual occupancy is

permissible with development

consent.

Part 4 Principal development standards

4.1 Minimum subdivision lot size

Subdivision is not applied for.

4.3 Height of buildings


(a) to establish a maximum height of buildings to enable

appropriate development density to be achieved, and

(b) to ensure that the height of buildings is compatible with

the character of the locality.

(2) The height of a building on any land is not to exceed the

maximum height shown for the land on the Height of Buildings Map.

(2A) Despite subclause (2), the maximum height of office premises

and hotel or motel accommodation is:

(a) if it is within the Parramatta Road Precinct, as shown

edged orange on the Height of Buildings Map—27 metres,

(b) if it is on land within Zone B6 Enterprise Corridor within

the Silverwater Road Precinct, as shown edged light purple

on the Height of Buildings Map—14 metres.

The maximum permissible

building is 9m.

The proposed building, at its

highest point, is 8.45m tall,

measured from finished ground

level.

The proposal satisfies this

clause’s requirements.

4.4 Floor space ratio


A maximum floor space ratio of

0.75:1 applies to the site.




Yes No N/A (a) to establish a maximum floor space ratio to enable

appropriate development density to be achieved, and

(b) to ensure that development intensity reflects its locality.

(2) The maximum floor space ratio for a building on any land is not to

exceed the floor space ratio shown for the land on the Floor Space

Ratio Map.

(2A) Despite subclause (2), the maximum floor space ratio for

development for the purpose of multi dwelling housing on land other

than land within the Former Lidcombe Hospital Site, as shown edged

black on the Floor Space Ratio Map, is as follows:

(a) for sites less than 1,300 square metres—0.75:1,

(b) for sites that are 1,300 square metres or greater but

less than 1,800 square metres—0.80:1,

(c) for sites that are 1,800 square metres or greater—

0.85:1.

(2B) Despite subclause (2), the maximum floor space ratio for the

following development on land in Zone B6 Enterprise Corridor within

the Parramatta Road Precinct, as shown edged orange on the Floor

Space Ratio Map, is as follows:

(a) 1.5:1 for bulky goods premises, entertainment facilities,

function centres and registered clubs, and

(b) 3:1 for office premises and hotel or motel

accommodation.

(2C) Despite subclause (2), the maximum floor space ratio for the

following development on land in Zone B6 Enterprise Corridor within

the Silverwater Road Precinct, as shown edged light purple on the

Floor Space Ratio Map, is as follows:

(a) 1.5:1 for bulky goods premises, entertainment facilities,

function centres and registered clubs, and

(b) 2:1 for office premises and hotel or motel

accommodation.

(2D) Despite subclause (2), the maximum floor space ratio for retail

premises on land in Zone B6 Enterprise Corridor within the

Commercial Precinct, as shown edged green on the Floor Space Ratio

Map, is 1.5:1.

The proposal’s floor space ratio

is 0.73:1.

The proposal complies with this

standard.

4.5 Calculation of floor space ratio and site area

(1) Objectives

The objectives of this clause are as follows:

(a) to define floor space ratio,

(b) to set out rules for the calculation of the site area of

development for the purpose of applying permitted floor

space ratios, including rules to:

(i) prevent the inclusion in the site area of an area

that has no significant development being carried

out on it, and

(ii) prevent the inclusion in the site area of an

area that has already been included as part of a

site area to maximise floor space area in another

building, and

(iii) require community land and public places to

be dealt with separately.

(2) Definition of “floor space ratio”

The floor space ratio of buildings on a site is the ratio of the gross

floor area of all buildings within the site to the site area.

(3) Site area

In determining the site area of proposed development for the

purpose of applying a floor space ratio, the site area is taken to be:

(a) if the proposed development is to be carried out on only

one lot, the area of that lot, or

(b) if the proposed development is to be carried out on 2 or

more lots, the area of any lot on which the development is

proposed to be carried out that has at least one common

boundary with another lot on which the development is

being carried out.

The FSR has been calculated as

required by this clause.




Yes No N/A In addition, subclauses (4)–(7) apply to the calculation of site area

for the purposes of applying a floor space ratio to proposed

development.

(4) Exclusions from site area

The following land must be excluded from the site area:

(a) land on which the proposed development is prohibited,

whether under this Plan or any other law,

(b) community land or a public place (except as provided by

subclause (7)).

(5) Strata subdivisions

The area of a lot that is wholly or partly on top of another or others in

a strata subdivision is to be included in the calculation of the site

area only to the extent that it does not overlap with another lot

already included in the site area calculation.

(6) Only significant development to be included

The site area for proposed development must not include a lot

additional to a lot or lots on which the development is being carried

out unless the proposed development includes significant

development on that additional lot.

(7) Certain public land to be separately considered

For the purpose of applying a floor space ratio to any proposed

development on, above or below community land or a public place,

the site area must only include an area that is on, above or below

that community land or public place, and is occupied or physically

affected by the proposed development, and may not include any

other area on which the proposed development is to be carried out.

(8) Existing buildings

The gross floor area of any existing or proposed buildings within the

vertical projection (above or below ground) of the boundaries of a site

is to be included in the calculation of the total floor space for the

purposes of applying a floor space ratio, whether or not the proposed

development relates to all of the buildings.

(9) Covenants to prevent “double dipping”

When development consent is granted to development on a site

comprised of 2 or more lots, a condition of the consent may require a

covenant to be registered that prevents the creation of floor area on

a lot (the restricted lot) if the consent authority is satisfied that an

equivalent quantity of floor area will be created on another lot only

because the site included the restricted lot.

(10) Covenants affect consolidated sites

If:

(a) a covenant of the kind referred to in subclause (9)

applies to any land (affected land), and

(b) proposed development relates to the affected land and

other land that together comprise the site of the proposed

development,

the maximum amount of floor area allowed on the other land by the

floor space ratio fixed for the site by this Plan is reduced by the

quantity of floor space area the covenant prevents being created on

the affected land.

(11) Definition

In this clause, public place has the same meaning as it has in the

Local Government Act 1993. 4.6 Exceptions to development standards


(a) to provide an appropriate degree of flexibility in applying

certain development standards to particular development,

(b) to achieve better outcomes for and from development

by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for

development even though the development would contravene a

development standard imposed by this or any other environmental

planning instrument. However, this clause does not apply to a

development standard that is expressly excluded from the operation

of this clause.

No exceptions or variation to

principal or other standards of

the LEP are proposed.




Yes No N/A (3) Development consent must not be granted for development that

contravenes a development standard unless the consent authority

has considered a written request from the applicant that seeks to

justify the contravention of the development standard by

demonstrating:

(a) that compliance with the development standard is

unreasonable or unnecessary in the circumstances of the

case, and

(b) that there are sufficient environmental planning

grounds to justify contravening the development standard.

(4) Development consent must not be granted for development that

contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately

addressed the matters required to be

demonstrated by subclause (3), and

(ii) the proposed development will be in the public

interest because it is consistent with the

objectives of the particular standard and the

objectives for development within the zone in

which the development is proposed to be carried

out, and

(b) the concurrence of the Director-General has been

obtained.

(5) In deciding whether to grant concurrence, the Director-General

must consider:

(a) whether contravention of the development standard

raises any matter of significance for State or regional

environmental planning, and

(b) the public benefit of maintaining the development

standard, and

(c) any other matters required to be taken into

consideration by the Director-General before granting

concurrence.

(6) Development consent must not be granted under this clause for

a subdivision of land in Zone RU1 Primary Production, Zone RU2

Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production

Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone

E2 Environmental Conservation, Zone E3 Environmental

Management or Zone E4 Environmental Living if:

(a) the subdivision will result in 2 or more lots of less than

the minimum area specified for such lots by a development

standard, or

(b) the subdivision will result in at least one lot that is less

than 90% of the minimum area specified for such a lot by a

development standard.

(7) After determining a development application made pursuant to

this clause, the consent authority must keep a record of its

assessment of the factors required to be addressed in the

applicant’s written request referred to in subclause (3).

(8) This clause does not allow development consent to be granted

for development that would contravene any of the following:

(a) a development standard for complying development,

(b) a development standard that arises, under the

regulations under the Act, in connection with a commitment

set out in a BASIX certificate for a building to which State

Environmental Planning Policy (Building Sustainability

Index: BASIX) 2004 applies or for the land on which such a

building is situated,

(c) clause 5.4. 5.4 Controls relating to miscellaneous permissible uses

The application does not involve

any of the uses specified by this

clause.




Yes No N/A 5.6 Architectural roof features


(a) to ensure that any decorative roof element does not

detract from the architectural design of the building, and

(b) to ensure that prominent architectural roof features are

contained within the height limit.

(2) Development that includes an architectural roof feature that

exceeds, or causes a building to exceed, the height limits set by

clause 4.3 may be carried out, but only with development consent.

(3) Development consent must not be granted to any such

development unless the consent authority is satisfied that:

(a) the architectural roof feature:

(i) comprises a decorative element on the

uppermost portion of a building, and

(ii) is not an advertising structure, and

(iii) does not include floor space area and is not

reasonably capable of modification to include floor

space area, and

(iv) will cause minimal overshadowing, and

(b) any building identification signage or equipment for

servicing the building (such as plant, lift motor rooms, fire

stairs and the like) contained in or supported by the roof

feature is fully integrated into the design of the roof feature.

The clause does not apply, as no

part of the building is proposed

to exceed the building height

limit under clause 4.3.

5.7 Development below mean high water mark

The site is not located close to a

body of water.

5.9 Preservation of trees or vegetation

No trees or vegetation on the

site warrant protection under

this clause.

5.9AA Trees or vegetation not prescribed by development control

plan

\

As above, for clause 5.9.

5.10 Heritage conservation

There are no heritage items on

or near the site. Nor is the site

within or close to a heritage

conservation area, an

archaeological site or an

Aboriginal place.

Part 6 Additional local provisions

6.1 Acid sulfate soils

(1) The objective of this clause is to ensure that development does

not disturb, expose or drain acid sulfate soils and cause

environmental damage.

(2) Development consent is required for the carrying out of works

described in the Table to this subclause on land shown on the Acid

Sulfate Soils Map as being of the class specified for those works.

Class of land Works

1 Any works.

2 Works below the natural ground surface.

Works by which the watertable is likely

to be lowered.

3 Works more than 1 metre below the

natural ground surface.


to be lowered more than 1 metre below

the natural ground surface.

4 Works more than 2 metres below the

natural ground surface.


to be lowered more than 2 metres below

the natural ground surface.

The subject site is Class 5 land

per the acid sulfate soils map.


does not involve any works

requiring consent as specified

by this clause.




Yes No N/A

5 Works within 500 metres of adjacent

Class 1, 2, 3 or 4 land that is below 5

metres Australian Height Datum and by

which the watertable is likely to be

lowered below 1 metre Australian Height

Datum on adjacent Class 1, 2, 3 or 4

land.

(3) Development consent must not be granted under this clause for

the carrying out of works unless an acid sulfate soils management

plan has been prepared for the proposed works in accordance with

the Acid Sulfate Soils Manual and has been provided to the consent

authority.

(4) Despite subclause (2), development consent is not required

under this clause for the carrying out of works if:

(a) a preliminary assessment of the proposed works

prepared in accordance with the Acid Sulfate Soils Manual

indicates that an acid sulfate soils management plan is not

required for the works, and

(b) the preliminary assessment has been provided to the

consent authority and the consent authority has confirmed

the assessment by notice in writing to the person proposing

to carry out the works.


under this clause for the carrying out of any of the following works by

a public authority (including ancillary work such as excavation,

construction of access ways or the supply of power):

(a) emergency work, being the repair or replacement of the

works of the public authority required to be carried out

urgently because the works have been damaged, have

ceased to function or pose a risk to the environment or to

public health and safety,

(b) routine maintenance work, being the periodic

inspection, cleaning, repair or replacement of the works of

the public authority (other than work that involves the

disturbance of more than 1 tonne of soil),

(c) minor work, being work that costs less than $20,000

(other than drainage work).


under this clause to carry out any works if:

(a) the works involve the disturbance of less than 1 tonne

of soil, such as occurs in carrying out agriculture, the

construction or maintenance of drains, extractive

industries, dredging, the construction of artificial water

bodies (including canals, dams and detention basins) or

foundations or flood mitigation works, or

(b) the works are not likely to lower the watertable. 6.2 Earthworks


(a) to ensure that earthworks for which a development

consent is required will not have a detrimental impact on

environmental functions and processes, neighbouring uses

or heritage items and features of the surrounding land,

(b) to allow earthworks of a minor nature without separate

development consent.

(2) Development consent is required for earthworks, unless:

(a) the work does not alter the ground level (existing) by

more than 600 millimetres, or

(b) the work is exempt development under this Plan or

another applicable environmental planning instrument, or

(c) the work is ancillary to other development for which

development consent has been given.

(3) Before granting development consent for earthworks, the

consent authority must consider the following matters:

(a) the likely disruption of, or any detrimental effect on,

existing drainage patterns and soil stability in the locality,

The development proposal

incorporates minor excavation

in association with construction

works.

Consent is not required under

this clause, per subclause (2)

(c).




Yes No N/A (b) the effect of the proposed development on the likely

future use or redevelopment of the land,

(c) the quality of the fill or of the soil to be excavated, or

both,

(d) the effect of the proposed development on the existing

and likely amenity of adjoining properties,

(e) the source of any fill material and the destination of any

excavated material,

(f) the likelihood of disturbing relics,

(g) the proximity to and potential for adverse impacts on

any watercourse, drinking water catchment or

environmentally sensitive area.

Note. The National Parks and Wildlife Act 1974, particularly section

86, deals with disturbing or excavating land and Aboriginal objects. 6.3 Flood planning

The site is not located within a

flood prone area and is not

identified on the Flood Planning

Map.

6.4 Foreshore building line

The site is not located below a

foreshore building line.

6.5 Essential services

(1) Development consent must not be granted to development

unless the consent authority is satisfied that any of the following

services that are essential for the proposed development are

available or that adequate arrangements have been made to make

them available when required:

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) stormwater drainage or on-site conservation,

(e) suitable road access.

(2) This clause does not apply to development for the purpose of

providing, extending, augmenting, maintaining or repairing any

essential service referred to in this clause.

Essential services are available

to the site.

6.6 Particular dual occupancy subdivisions must not be approved

Subdivision is not proposed.

6.7 Location of sex services premises

Sex service premises are not

proposed.

6.8 Arrangements for contributions to designated State public

infrastructure (Carter Street Priority Precinct)

The site is not located in the

Carter Street precinct.

6.9 Development in the Commercial Precinct

The site is not located in a

Commercial Precinct.

6.7 Development of certain land at Wentworth Point

The site is not located in

Wentworth Point.

7. The provisions of any Draft Environmental Planning Instruments (EP& A Act s79C(1)(a)(ii))

No draft planning instrument affects the site. The provisions of any Development Control Plans (EP& A Act s79C(1)(a)(iii)) Auburn Development Control Plan 2010 This assessment has considered relevant parts of Auburn DCP 2010, as follows.



Detached Dwellings and Dual Occupancies

Parking and Loading

Stormwater Drainage

Waste

DCP 2010 Detached Dwellings and Dual Occupancy

Assessment Table Requirement Yes No N/A Comments

1.0 Introduction

This Part applies to dwelling house, secondary dwelling, semi-detached dwelling and dual occupancy development in the R2 Low

Density Residential zone and R3 Medium Residential Density zone under the Auburn LEP 2010. The site is not located within the

Former Lidcombe Hospital site, Newington and Former RAAF Stores Depot. The proposed development is considered to be consistent

with the purpose of this Part of the DCP.

2.1 Site area

D1 A minimum site area of 450m2 and a

minimum site width of 15m shall be

required for two attached dwellings

on one allotment.

D2 A minimum site area of 600m2 and a

minimum site width of 15m shall be

required for two detached dwellings

on one allotment.

Notes:

The minimum site area requirement

does not include the area of access

handles (for battle axe sites).

There is no minimum site area

requirement for the construction of a

single detached house

The attached dual occupancy is proposed on a site of 616.87

m2 with a width of 10.06 metres at Frances Street. The

minimum area standard is complied with however the width

requirement is 33% short of the 15m width requirement.

The applicant submits that variation of the minimum width

standard is justified, as:

- Strict compliance “…strongly impedes future

development…” of the site,

- Whether the site was redeveloped with a new house

or a dual occupancy as proposed, the width would

remain unchanged,

- Redevelopment with a dual occupancy increases

housing density close to transport and services,

- The façade’s design presents as a single dwelling,

which is compatible with immediately adjoining

development,

- The proposal is generally in character with other

development in the locality,

- Proposed landscaping of the front setback is

sensitive to the site’s setting and is consistent with

Lidcombe’s environment,

- The proposal being of high quality design, materials

and finishes, and

- Placing the garage door below ground level makes

it less visible from the street.

These factors are by-an-large concurred with, the siting of the

building as shown on revised plans has significantly improved

elements from the original plans. The revised plans

demonstrates satisfactory performance with regard to the

DCP’s Built Form objectives, paraphrased below.

- Locality-character being improved

- Sensitivity to landscape and environment

- High visual quality

- Protection of adjoining residents’ amenity

- Compatible relationships with other buildings

- Sustainable living

The performance criterion (clause 2.1, P1) states that sites

should be of sufficient size to accommodate the proposed

development.

The site’s narrow nature has caused designers to arrange the

building to occupy as much width as possible. . To ensure

internal functionality of the dwellings, side setbacks are at a

minimum of 900mm and 910mm. It is agreed that a single

dwelling would also occupy a similar width of the site. This

aspect of the application, including the roof elements that



Requirement Yes No N/A Comments

encroach to within 300 mm of the side boundary are generally

supported.

The visual impact of the hardstand driveway has been

significantly reduced by the front verandahs and balconies

being cantilevered over part of the driveway.

However, while departures in side setbacks and balance of

landscaping verses hard stand can be supported, the major

issue that remains unresolved and unsupportable is the

deficiency in width and grade of the basement garages and

manoeuvring areas.

This one issue clearly reveals that the site is not of sufficient

size to support two large dwellings. The Council has

consistently required that any basement car park must

enable vehicles to access and egress safely in a forward

direction. This is imperative as site distances from basement

driveways are impacted and safety of pedestrians would be

compromised.

Plans note two car spaces for each dwelling in a stacked

arrangement. It is noted that the length of the garage space

would not generally support two regular cars.

2.2 Site coverage

D1 Site coverage:

- for lots 350m2 or less, max. site

coverage is 70%

- for lots between 351m2 to 449m2,

max. site coverage is 67.5%%; and

- for lots 540m2 and over, max. site

coverage is 65%

D2 The non-built upon area shall be

landscaped as used for open space.

Site area exceeds 540m2.

Proposed site coverage = 46.06% (284.18m2). This is the

approximate area of the site covered by the building, including

the balconies and verandahs at the front and back of the

building.

2.3 Setbacks

2.3.1 Front setbacks

D1 New buildings within residential

areas shall adhere to a front building

line, which is 5.5-6m to the street

frontage.

D2 Where a new building is located on a

corner, the main frontage shall be

determined on the basis of existing

subdivision and streetscape

patterns. If the main frontage is more

than 12m, the setback to the

secondary frontage shall be at least

3m. If the main frontage is less than

12m, the setback to the ‘secondary’

frontage shall be at least 2m.

D3 Dwellings shall align with the street.

Corner dwellings shall address both

streets through appropriate design.

D4 Garages and carports shall be

setback a minimum of 1m behind

the primary building line.

D5 Balconies, porticos, entrances shall

not intrude more than 600mm into

any setback and ground floor

D1

The proposed setback is 8.04 metres, reduced from 17

metres as it was in the original application. Adopting a

maximum 6 metre setback, the degree of non-compliance is

reduced from 183% to 33%.

The development entails non-adherence with the front

setback standard of 5.5 – 6.0 metres. The revised setback

has been achieved by moving the building forward and raising

of the front pavilion of the building by 1.4 metres to allow

sufficient headroom in the basement.

The applicant submits the variation is justified, as:

- The setback has been reduced and landscaped

area increased, improving visual and functional

relationships with adjoining development (when the

first and revised designs for the proposed building

are compared).

This justification is generally concurred with. The setback

proposed at around eight metres is justified as there is now

sufficient area for landscaping and the area for the driveway

has been proportionately reduced, as detailed above.




terraces and entrances structures

shall not protrude more than 1.2m

into the setback.

The building line is also closer to those of adjoining buildings.

The dwelling at 14 Frances Street is (partly) 4.5 metres from

the street and at 18 Frances Street the building line is 7.1

metres.

D2

The site is not on a street corner.

D3

As noted, the revised setback is satisfactory when related to

setbacks of other buildings in the site’s vicinity.

D4

The basement car park and manoeuvring area are located

underneath the residential floors of the building. The garage

entry is party obscured from view from the street, due to the

fall from the footpath to the garage entry. The garage does not

dominate the front façade, with its impact diminished by the

front verandah and balconies being cantilevered over the

driveway to a depth of 1.8 metres.

D5

This balcony and verandah depth extends from one side of

the façade to the other and helps the building appear closer

to the street. The proposal’s overall building line is made more

consistent with that of adjoining residences and its street-

presentation is improved by this design approach.

2.3.2 Side setback

D1 The external walls of all dwellings

shall be a minimum of 900 mm from

a side boundary.

Proposed side setbacks are 900mm and 910mm.

2.3.2 Rear setback

D1 For a detached dwelling or an

attached dual occupancy the rear

setback shall be a minimum of 10m.

D2 For a detached dual occupancy, the

distance between each of the

dwellings shall be a minimum of 7m.

D3 For a detached dwelling or dual

occupancy on a corner site the

Council shall assess the rear

setback on a merit basis giving

consideration to the performance

criteria in this Part.

The proposed rear setback is 19 metres, including the rear

balconies and verandah structures as part of the building.

Excluding them makes the setback 20.8 metres.

This proposal is not for a detached dual-occupancy.

The application is not for a corner site.

2.3.4 Haslam’s creek setback

D1 A minimum 10m setback from the

top of the creek bank of Haslam’s

Creek and its tributaries shall be

required. Refer to the Stormwater

Drainage Part of this DCP for

additional controls.

The site is not situated on or near Haslam’s Creek.

2.4 Number of storeys

D1 Detached dwellings and dual

occupancies shall be a maximum of

two (2) storeys in height above the

ground level (existing).

D2 The maximum height between

finished ground floor level and

ground level (natural) immediately

below shall not exceed 1.5m.

D3 Attics within roof spaces of a two (2)

storey dwelling may be used for

D1

The proposed building has 2 storeys.

D2

As a function of moving the building forward and placing the

vehicle manoeuvring area under the building the overall

height of the building has been increased to allow adequate

headroom in the basement. This has resulted in the forward

part of the building being raised to 1.4 metres above the

finished level of the front yard, requiring two small flights of

stairs to reach the front door and the paths down each side

of the building.




storage purposes only and may not

include any windows.

D4 A detached dual occupancy located

to the rear of the site in a battle axe

arrangement or a detached dwelling

located to the rear lot in a battle-axe

arrangement shall be no more than

one (1) storey above the ground level

(natural).

D5 Development on steeply sloping

sites shall be stepped to minimise

cut and fill.

Revised plans and elevations show increased footpath levels

to align with stepping of floor levels within the building.

Overall resolution of levels of the ground and floor levels is

satisfactory, provided design and construction does not

adversely impact adjoining properties.

D3

An attic is not proposed.

D4

An attached dual occupancy is proposed.

D5

The site is not steeply sloping, it is almost level.

2.5 Floor to ceiling heights

2.5.1 Floor to ceiling heights

The minimum floor to ceiling height

shall be 2.7m and maximum floor to

ceiling height shall be 3m.

2.5.1 Head height of windows

D1 The head height of windows and the

proportion of windows shall relate to

the floor to ceiling heights of the

dwelling.

D2 For storeys with a floor to ceiling

height of 2.7m, the minimum head

height of windows shall be 2.4m.

D3 For storeys with a floor to ceiling

height of 3m, the minimum head

height of windows shall be 2.7m.

2.5.2 Double heights (living areas)

D1 Double heights in or for living areas

may be permitted provided that the

building complies with development

controls in section 2.4 above.

Floor to ceiling heights are proposed at 3 metres.

The proposal has varied window heights and head heights

throughout the building. The standards, objectives and

performance criteria are satisfied by this aspect of the design.

2.7 Building design

2.8 Dwelling size

Maximum number of bedrooms/Minimum

dwelling size

1 bedroom 65m2

2 bedrooms 85m2

3 bedrooms 115m2

4 bedrooms 130m2

At least one living area shall be spacious

and connect to private outdoor areas.

Bedroom size

New dwellings shall contain a minimum of

one (1) master/double bedroom. The

minimum size for master/double bedroom

shall be 12m2 excluding built-in wardrobes.

The minimum size for a single bedroom

shall be 10m2 excluding built-in wardrobes.

Note: Rooms capable of being used as a

bedroom shall be counted as such for the

purposes of determining dwelling size,

Development Contributions (Section 94)

and car parking requirements.

Each dwelling has four bedrooms and a gross floor area of

196m2.

The principal living room (floor area of 30.16m2) opens

directly onto the courtyard of each dwelling.

All bedrooms meet minimum floor area standards, except

bedroom 3 in each dwelling, which has a floor area of 9.28

metres. This marginal deficiency is considered satisfactory.

Clause 3.0 Open Space & Landscaping

3.2 Landscape setting and deep soil zone

This clause’s requirements are complied with despite

variation to the front yard requirement of paragraph D4. The

variation is reasonable given the need for pedestrian and




D1 A minimum of 30% of the site area

shall be a deep soil zone.

D2 The majority of the deep soil zone

shall be provided as a consolidated

area at the rear of the building and

shall extend across at least 50% of

the rear boundary.

D3 Deep soil zones shall have a

minimum width of 900mm.

D4 Front setbacks shall be dominated by

pervious landscape areas including

an appropriate mix of plantings.

vehicle access and that landscaping will make a positive

contribution to the streetscape and soften the building’s

appearance.

D1

Deep soil zones amount to 35% of the site’s area.

D2

The rear courtyards satisfy these requirements. Each rear

courtyard is five metres wide and about 20 metres deep, with

an area exceeding 100m2.

D3

Deep soils zones exceed 900mm in width.

D4

When footpaths and dwelling entries are excluded, the area

remaining for landscaping is about 30m2 or about 37%. While

this is not a dominant area, the plantings of the area will

reasonably offset and reduce the impact of the central-

driveway in particular.

A large planter box is provided on each front verandah.

Although these are not deep soil areas, they do contribute to

greening the site forward of the building

Two areas of lawn either side of the driveway permit water

infiltration.

The balance of landscaping to hard surface area is supported

in this urban environment and given the existing and

emerging character of the area.

3.3 Private open space

D1 Private open space shall be located

at ground level at the rear and/or

side of the dwelling and shall have:

a minimum area of 50m2 per

dwelling;

a minimum dimension of 5m in

any direction; and

direct access from a living area

of the dwelling.

D2 Private open space shall be bounded

by buildings, fencing or other

screening devices and also

incorporate dense landscaping that

restricts views to a height of 1.8m.

D3 Additional private open space may be

located above ground in the form of a

balcony subject to site conditions and

privacy considerations.

D4 For dual occupancy developments,

open space around dwellings shall be

allocated to individual dwellings.

D1

The backyard for each dwelling provides 105m2 of private

open space.

The minimum width of each backyard is 5 metres.

The main living area of each dwelling provides direct access

to the backyard.

D2

Levels of privacy of each backyard are adequate.

D3

Balconies are provided at the front and rear of the dwellings.

Respectively, they overlook the street and the backyards. This

is acceptable as they will not unreasonably affect privacy of

the neighbours, as adequate screening is provided to the

balconies on northern and southern sides. Large trees to be

planted in the front and rear yards will aid in protecting the

privacy of neighbours.

Each balcony and the roof above project beyond the side walls

on the building’s northern side. Plans indicate these roof

structures are about 300mm from the boundary.

D4

Each courtyard and balcony is designed to enable exclusive

use by occupants of each dwelling.

4.1 Number of parking spaces




D1 Sites with a principal street frontage

of less than 15m shall be limited to a

single car parking space presenting to

that principal street frontage.

D2 No more than two single garages or

one double garage shall be placed on

the front facade.

D3 For dual occupancy developments,

each dwelling may have one single

width garage located at the front of

the site, provided that the garages are

joined to each other. Other parking

arrangements such as separate

and/or double garages shall be

encouraged provided these

structures are located at the rear of

dwellings where all other

development controls such as deep

soil zone, open space, site coverage

and setbacks are met.

D4 For single dwellings, only one

driveway crossover shall be permitted

per allotment.

A 4 metre wide entry to the basement garage faces the street.

Being cantilevered over by the front verandahs, about 1 metre

below the footpath level and setback about 9.2 metres from

the street; its appearance from the street will be satisfactory.

4.2 Design of parking spaces

D1 Garages and car parking structures

shall be constructed using materials,

colours and roof pitch that are similar

and complementary to the main

dwelling.

D2 Basement garages and driveways

shall be permitted in accordance with

the relevant Australian Standards and

comply with requirements of this Part.

D3 Garages and carports shall be located

a minimum of 1m behind the primary

building line.

D4 Garage doors shall not be wider than

6m or 50% of the dwelling facade

(whichever is the lesser).

D5 Where rear access is available, car

parking shall be located at the rear of

the site.

Examined below is the proposal’s performance against the

DCP’s Parking and Garage provisions.

The submitted ramp grades generally comply with the

Australian Standards to access the basement garage.

However, the manoeuvring area should be at maximum of 5%

slope. The above requirement has not been incorporated in

the plan. It has been proposed to manoeuvre in 20% slope

area. The manoeuvring area does not comply with AS 2890.1

and is not supported.

The clear garage length has not been annotated to comply

with Australian Standards.

The turning template has been provided for a B85 vehicle with

three point turn due to the non-compliant width of the site.

This should cater for a B99 vehicle. Therefore the turning

template for B85 vehicle is not supported.

Rear access is not available.

5.1 Privacy

D1 Site layout and building design shall

ensure that windows do not provide

direct and close views into windows,

balconies or private open spaces of

adjoining dwellings.

D2 The windows of living rooms that are

within a distance of 9m of the

windows of living rooms (other than

bedrooms) of adjacent dwellings shall

be offset by a distance sufficient to

limit views between windows. In case

of windows overlooking neighbouring

private open space areas, windows

shall be fixed obscure glazed or

highlight window type with a minimum

sill height of 1.5m above finished floor

level.

The placement of windows and balconies, with suitable

screening to upper level balconies also proposed, will create

reasonable levels of privacy between the neighbours and

occupants of the building.

As the building is split into two pavilions with the front pavilion

raised 1.4 metres above existing ground level (at the street)

windows in this part of the building are slightly higher,

meaning this level–difference reduces potential for

occupants of the proposed and adjoining buildings to look

into each other’s rooms.




D3 Windows to living rooms and main

bedrooms shall be located to face the

front and rear of the site.

D4 Bay windows and corner elements

with windows at an angle to the main

walls shall only be located on the front

facade or on the ground floor at the

rear of dwellings. These windows and

corner elements shall not provide

direct views onto adjoining private

open space.

D5 Direct views onto adjoining private

open space shall be obscured by:

existing dense vegetation or new

planting; or

In case of balconies/verandas or

similar elevated outdoor areas,

screening is to be provided that

has a maximum area of 25%

openings, is permanently fixed

and made of durable materials.

D6 Balconies at the rear shall be semi

recessed and/or screened so that

the view lines are to the rear of that

property and not to the adjacent

properties. Balconies shall not be

located on the corner of dwellings.

Screening shall be provided by

durable fixed privacy screens,

minimum 1.8m in height as

measured above finished floor level

and a minimum of 75% obscure.

D7 Balconies shall not be located on

side walls. Exceptions may be

granted where side elevation faces

street or public open spaces.

D8 First floor rear balconies shall only be

accessible via bedrooms and have a

maximum depth of 2.5m.

5.2 Noise

Note: The issue of noise is addressed earlier under State Environmental Planning Policy (Infrastructure) 2007 and the NSW

Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guidelines, 2008.

5.3 Security

D1 Buildings adjacent to streets or public

spaces shall be designed to allow

casual surveillance over the public

area. There shall be at least one living

room window facing that area.

D2 The entry to a dwelling shall be visible

from the street, except on battle-axe

shaped lots.

Informal surveillance is available from the front verandahs

and balconies.

Entry doors of each dwelling are visible from the street.

5.4 Fences

D1 The front and side dividing fences

where located within the front yard

area shall not exceed a height of 1.2m

as measured above existing ground

level and shall be a minimum of 50%

transparent. Front and side dividing

fences where located within the front

yard area shall not be constructed of

No front fencing is proposed. Side fencing is proposed at 1.8

metres behind the building line.

Forward of the building line it is unclear whether any new

fencing is proposed. With two small stairways included in

each footpath along the boundary, some form of safety rail or

wall would be required.




solid pre-coated metal type materials

such as ColorbondTM or similar.

D2 Front fences may exceed 1.2m height if

fences are required to satisfy acoustic

abatement criteria. An acoustic report

must be submitted to demonstrate the

fencing is required in these

circumstances. This report shall be

provided with a landscaped area that is

at least 600mm wide on the street side

of the fence.

D3 Side fences shall not exceed a height of

1.2m in front of the building line.

D4 Fences located on side or rear

boundaries of the premises, behind

the main building line, shall not

exceed a maximum height of 1.8

metres.

D5 On corner sites, fences shall not

exceed a maximum height of 1.2m

from the front boundary to the rear of

the dwelling and shall be a minimum

of 50% transparent.

D6 No solid pre-coated metal fences are

to be located forward of the front

building line, or along the secondary

frontage of a corner site.

6.1 Roof design

Development controls

D1 All dwellings shall have eaves that

extend a minimum of 450mm from

the wall of the dwelling.

Eaves are not designed as part of the building, the design

using parapet walls with a metal roof inside the parapets.

As mentioned, the balconies have angled roof-sections

projecting over them on the northern side of the building.

These design elements are within the prescribed 9 metre

height limit and effectively prevent the building from being a

simple glass, metal and masonry box, together with use of

timber and paintwork on all four elevations.

Roof and building form has also been articulated by centrally

separating the building, with two alcoves either side of a

narrow internal access and storage area. This breaks up the

building into two pavilions, reducing its bulk and scale and

provides additional deep soil zones for landscaping in the

central part of the site.

6.2 Solar amenity

D1 Solar collectors proposed as part of a

new development shall have

unimpeded solar access between

9:00am to 3:00pm on June 21.

Solar collectors existing on the

adjoining properties shall not have

their solar access impeded between


Where adjoining properties do not

have any solar collectors, a minimum

of 3m2 of north facing roof space of

the adjoining dwelling shall retain

unimpeded solar access between


Note: Where the proposed

development is located on an

adjacent northern boundary this may

not be possible.

No solar collectors have been proposed on the roof of the dual

occupancy. Nor do any exist on adjoining buildings.




D2 Buildings shall be designed to ensure

sunlight to at least 50% of the

principal area of ground level private

open space of adjoining properties for

at least 3 hours between 9:00am to

3:00pm on June 21.

If the principal area of ground level

private open space of adjoining

properties does not currently receive

at least this amount of sunlight, then

the new building shall not further

reduce solar amenity.

D3 The upper level of new two storey

dwellings shall be setback 3m from

the southern boundary where the

development has overshadowing

impacts on the north-facing roof of the

adjoining property.

D4 Living room windows shall be located

so as to face an outdoor space.

D5 North-facing windows to living areas

of neighbouring dwellings shall not

have sunlight reduced to less than 3

hours between 9:00am to 3:00pm on

June 21 over a portion of their

surface.

D6 Where the proposed development is

located on an adjacent northern

boundary or located within an area

undergoing transition, compliance

with D1, D2, D3 and D5 may not be

possible.

D7 At least one internal living area and a

minimum of 50% of the principal area

of ground level private open space

shall have access to a minimum of 3

hours of direct sunlight between the

hours of 9:00am to 3:00pm on June

21.

The shadowing effects of the proposal are satisfactory, and

as expected from any two storey building on a narrow site with

a east west orientation.

Given the site’s narrowness, compliance with this standard is

impractical. However the parapet roof form helps to reduce

overshadowing, compared with a hipped or gabled roof.

As outlined above, strict compliance is not practical in this

case as the site is in an area experiencing population and

built form change.

At least 50% of each courtyard will receive morning sun for 3

hours on the winter solstice. However, due to the orientation

and narrowness of the site and the location of the dwelling to

the north, compliance for solar access to the living rooms is

not possible. This is somewhat offset by upper levels of the

dwellings having balconies off two of four bedrooms, which

will have access to direct sunlight in the morning and

afternoon at each end of the building.

This is reasonable under the circumstances.

6.3 Ventilation

The proposal has been assessed against the performance criteria and development standards of Ventilation part of the Detached

Dwellings and Dual Occupancy DCP and is considered acceptable. Bathrooms and laundries are suitably located with appropriate

degree of natural ventilation received overall. Louvres will be installed in the side walls of each garage above finished ground level. A

BASIX certificate has been submitted which ensures adequate ventilation to bathrooms, laundry and kitchen. The basement is fitted

with louvres for ventilation.

6.4 Rainwater tanks

D1 Above ground rainwater tanks shall

not be located within the front

setback of a dwelling.

D2 Rainwater tanks that are visible from

the street shall be suitably screened

unless Council is satisfied that the

tank will not have an adverse impact

on the streetscape.

D3 Underground garages with rainwater

tanks shall be permissible in

accordance with the specified

Engineering Standards and Australian

Safety Standards and drain freely to

A BASIX certificate was submitted with the application, which

provides commitments for alternative water storage.

However no rainwater tanks are proposed. A minimum of

2000 litres rainwater tank should be provided for every

unit/dwelling.

As part of the development application, Council was initially

advised that the applicant is exploring an easement through

the downstream properties. The submitted stormwater plan

does not reflect that easement.




the street without the aid of

mechanical means, e.g. pumps.

Pump-out pits connect the basement with the stormwater

lines that discharge water into the street.

The stormwater generated from the development should be

collected within the property and discharge to Council system.

The overland flow through the development site from the

adjacent, upstream properties should not be impeded and it

should be collected within the property and disposed to

Council system.

The submitted plan has not addressed the above

requirements and the shown levels on the plans will impede

the overland flow and will flood adjacent properties.

Therefore it cannot be supported at current form.

7.1 Clothes drying areas

Each dwelling shall be provided with

an open air clothes drying area that

has solar access; well ventilated;

convenient; and is adequately

screened from streets and other

public places.

Collapsible clothes lines are shown on the site plans

submitted with the application.

7.2 Other site facilities

1. A single TV antenna for each building

shall be provided.

2. A mail box structure that meets the

relevant Australia Postal Service

requirements shall be provided

located centrally and close to the

major street entry to the dwelling. The

letterboxes shall be lockable.

3. Where an air conditioning unit is to be

installed the motor unit, shall be

located at the rear or side of the

dwelling and shall be appropriately

noise attenuated.

8.0 Subdivision

No subdivision is proposed.

Other DCP Parts

Below is an assessment of the proposal with regard to other relevant provisions of Auburn

DCP 2010.

(c) Parking and Loading

Part 4.1 General Controls

Clause 4.1.1 Driveways and entrances

D2 Turning paths

Swept turning paths are illustrated in the amended plans.

D7 Maximum driveway width at the boundary is to be 3.5m.

Proposed driveway is 4.0m wide at the boundary. The application does not comply with

these requirements.



Part 4.2 Detached dwellings and dual occupancies

Clause 4.2.1 Number of parking spaces

D1 A maximum of two parking spaces or a minimum of one parking space per dwelling is

required for each dwelling in a dual occupancy development.

The application complies with these requirements.

D2 Stacked parking is permitted for up to two cars per dwelling.


Clause 4.2.2 Design of parking spaces

D1 Vehicle manoeuvring areas must comply with AS 2890 – Parking Facilities

According to Council’s engineer, the application does not comply with these requirements.

However, the manoeuvring area should be at maximum of 5% slope. The above

requirement has not been incorporated in the amended plan. It has been proposed to

manoeuvre in 20% slope area. The manoeuvring area does not comply with AS 2890.1

and is not supported.

D2 In this case the minimum width of the parking spaces should be 3.0 m.


(d) Stormwater Drainage

A stormwater concept plan has been submitted for the proposal. A pump-out tank to

dispose of stormwater for each garage is proposed however this has been deemed an

unacceptable form of stormwater management by Council’s engineer.

(e) Waste

A waste management plan has been submitted, which addresses waste management for

demolition, construction and habitation of the dual occupancy.

Conclusion: Assessment under Auburn DCP 2010

The proposal is non-compliant and deficient in its ability to cater for convenient and safe

parking and manoeuvring of vehicles on site

Whilst the applicant justifies a number of the proposed variations to DCP standards, the

overall narrowness of the site results in considerable design challenges in terms of

compliance particularly with regards to safe vehicle parking and manoeuvring. This is

considered unsatisfactory and as such the DA should be refused based on non-compliance

of the following DCP controls:

1. The submitted ramp grades generally comply with the Australian Standards to

access the basement garage. However, the manoeuvring area should be at

maximum of 5% slope. The above requirement has not been incorporated in the

plan. It has been proposed to manoeuvre in 20% slope area. The manoeuvring

area does not comply with AS 2890.1 and is not supported.



2. Further the clear garage length has not been annotated to comply with Australian

Standards.

3. The turning template has been provided for a B85 vehicle with three point turn due

to the non-compliant width of the site. This should cater for a B99 vehicle. Therefore

the turning template for B85 vehicle is not supported.

4. The driveway is proposed to have a width of 4.0 metres at the property boundary.

The development control plans state this width to be no more than 3.5 metres.

5. A stormwater concept plan has been submitted for the proposal. A pump-out tank

to dispose of stormwater for each garage is proposed however this has been

deemed an unacceptable form of stormwater management by Council’s engineer.

However in view of the near-level grade of the site there is likely no practical

alternative to a pump-out system in this case.

Minimum site width

The degree of variation of the minimum site-width standard is considered large (the site is

just over 10 metres wide whereas the minimum prescribed by the DCP is 15 metres).

Although the design response illustrated in the amended plans and the statement

submitted in their support justify the built form and character / amenity elements of the

proposal, the narrow lot width clearly cannot support adequate vehicle management for

two dwellings on site.

Front setback

The overall effect of this 33% variation is a building suitably aligned with surrounding

development, noting that the building line varies from building to building along Frances

Street. Strict compliance with the building line standard can be dispensed with in these

circumstances.

Side setback

The side setback standard is not complied with, caused by relatively small sections of the

front and rear balconies extending into the north-side setback, to within 300mm of the

boundary. Being about 8 metres above the ground and this setback reducing in an angled,

receding line toward the centre of the building, this variation is minor and acceptable, as

it is arguably integral to the building’s architecture and adds to the building’s visual appeal.

Being on the north side of the building, these parts of the roof will not affect the property

to the south.

Landscape setting and deep soil zone

Although the greater proportion of the proposal’s front yard is paved (about 30% is covered

by the driveway) the remainder is landscaped by two lawns and a large tree. The lawns and

tree, with large planter boxes to be installed on entry porch to each dwelling, will combine

to blend the development into the streetscape and soften its appearance.



Rainwater tanks

No rainwater tanks are proposed. A minimum of 2000 litres rainwater tank should be

provided for every unit/dwelling.

79C(1)(a)(iii) - any planning agreement that has been entered into under section 93F, or

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

93F, and

No draft planning agreement is associated with the subject application.


Matters prescribed by the EP& A Regulations 2000 do not apply to the site or the

application.



No Coastal Zone Management Plan applies to the Auburn area.


The proposal will introduce a slight increase in the local population, a commensurate

improvement in economic and social conditions is anticipated. The deficient on site vehicle

management proposed will cause inconvenience and difficulties for residents and will

compromise pedestrian safety which is socially unacceptable.


While the built form elements have been largely resolved for the amended proposal, the

site due to its narrow nature is unsuitable for the development as it cannot support safe

and convenient vehicle housing and management on site. In addition, satisfactory

stormwater management remains unresolved.



Owners and occupiers of adjacent and nearby property were notified of the proposed

development as required by the Auburn DCP 2010. No submissions were received.


Being inconsistent with Council’s design-performance standards, relating to vehicle and

stormwater management it is in the public interest to refuse the application..






‘(1) If a consent authority is satisfied that development for which

development consent is sought will or is likely to require the provision of or

increase the demand for public amenities and public services within the area,

the consent authority may grant the development consent subject to a




(2) A condition referred to in subsection (1) may be imposed only to

require a reasonable dedication or contribution for the provision, extension or


Comments:

If the development was recommended for approval, a contribution would be payable in

accordance with the Auburn Contributions Plan, for two, four bedroom dwellings (less any

credit for the existing dwelling). The contribution payable as required by a recommended

condition of consent is $11,837.91.

Auburn City Council Operational Plan / Delivery Program

This assessment and report relates to the Auburn City Council Operational Plan and

Delivery Program, Our Places – Attractive and Liveable theme, action “2a.1.1.3 Assess

development applications, complying development and construction certificates”.



Amendment (Political Donations) Act 2008 (NSW). The law introduces disclosure

requirements for individuals or entities with a relevant financial interest as part of the

lodgement of various types of development proposals and requests to initiate



and Gifts.

Conclusion

The development application has been assessed in accordance with applicable

requirements of the Environmental Planning and Assessment Act 1979, environmental

planning instruments and the Auburn Development Control Plan 2010.

The assessment presented in this report finds the proposed development is deficient in a

number of standards set out in the Auburn Development Control Plan 2010 and therefore

this DA should be refused.




That Development Application No. DA-438/2015 for Demolition of an existing dwelling and

construction of a new two storey attached dual occupancy with basement parking on land

at 16 Frances Street, Lidcombe be refused for the following reasons:

1. Unsatisfactory and unsafe vehicle parking and manoeuvring on site that would result

in an inability to access and egress the site in a forward direction.

2. Unresolved stormwater management on site.

ATTACHMENTS (to be circulated to CIHAP members only under separate cover)

1. Architectural Plans/Landscape Plans –T070907/2016



8-10 Clarence Street, Lidcombe



File Number: DA-276/2015


development and construction certificates.

Application lodged 07-Aug-2015

Applicant H Huang

Owner Mr W Lin and Ms H Wei

Application No. DA-276/2015

Description of Land Lot A DP 329490, Lot B DP 329490, 8 - 10 Clarence

Street, LIDCOMBE

Proposed Development Demolition of existing structures & construction of a part

5/part 6 storey residential flat building containing 2 x 1

bedroom, 16 x 2 bedroom and 2 x 3 bedroom units over 2

levels of semi-basement & basement car parking,

landscaping, provision of site services

Site Area 929sqm

Zoning Zone R4 - High Density Residential


donations and gifts

Nil disclosure

Heritage N/A

Issues Clause 4.6 Variations to maximum FSR and Height under

ALEP 2010

Site isolation

Minor non-compliances with Apartment Design Guide and

ADCP 2010 – Residential Flat Buildings

SUMMARY

1. Development Application No. DA-276/2015 was received on 7 August 2015 for the

demolition of existing structures & construction of a part 5/part 6 storey residential

flat building containing 2 x 1 bedroom, 16 x 2 bedroom and 2 x 3 bedroom units

over 2 levels of semi-basement & basement car parking, landscaping, provision of

site services at 8-10 Clarence Street, Lidcombe.

2. The application has been supported by Clause 4.6 Variations under the Auburn

Local Environmental Plan 2010 to exceed the maximum FSR of 2.0:1 at 8 Clarence

Street by 0.22:1, and to exceed the height limit of 18m at 10 Clarence Street by

2.8m.

3. The application was publicly notified to the occupants and owners of the adjoining

properties for a period of 14 days from 1 September 2015 to 15 September 2015

and two submissions were received, including a petition containing 23 signatures,

which raised concerns regarding height, bulk and scale, privacy, noise,

overshadowing, parking and traffic and waste management. Council Officers also



requested provision of appropriate screening to the rooftop communal open space,

access to the ground level landscaped setback so as to provide an alternative

communal open space, additional information to demonstrate compliance with

various requirements of the SEPP 65 Apartment Design Guidelines, stormwater and

flooding matters and additional information to address site isolation and Clause

4.6 variations to floor space ratio and maximum building height.

4. Between 4 February 2016 and 7 March 2016, Council received various amended

plans and written justification regarding outstanding issues. This included

additional justifications for the height and floor space ratio variations and amended

architectural drawings (inclusive of amended shadow information).

5. The application is recommended for approval subject to the conditions as

nominated within the attached schedule.

LOCALITY PLAN

Shaded area is subject land.



AERIAL VIEW

REPORT

Introduction


The subject site is identified as Lot A and B in DP 329490, and is known as 8 - 10 Clarence

Street, LIDCOMBE. The consolidated development site is a corner allotment, bounded by

Milton Street to the north and Clarence Street to the west.

The site is regular in shape with a frontage to both Milton and Clarence Streets of 30.48m

and a total site area of 929sqm. The site is relatively flat with a fall of approximately 30-

40mm from the western boundary towards the Clarence Street frontage (east). The

subject sites are each currently occupied by a single storey detached dwelling and

associated structures. There are two 10m tall palm trees located in the north-eastern

corner of 8 Clarence Street which are shown as being transplanted to the communal open

space area of the proposed development.

Development surrounding the site comprises one and two storey dwellings of varying ages

to the north, on the opposite side of Milton Street; two (2) small public reserves on the

opposite side of Clarence Street to the east; a 3 level residential flat building immediately

adjoining the southern boundary; and a large complex of four (4) level residential flat

buildings to the south and south-east. An older single storey detached dwelling

immediately adjoins the site to the west (No. 1 Milton Street) with a two (2) storey dual

occupancy development and four (4) storey residential flat building adjoining No. 1 Milton

Street to the west (approved in 2006 and 2012 respectively).



No. 10 Clarence Street (Left) and No. 8 Clarence Street (Right)

Adjoining sites to the south – No. 14-16 Clarence Street (Left) and No. 12 Clarence Street

(Right)



View of No. 8 Clarence Street looking south-east down Milton Street

No. 1 Milton Street (left), 3 Milton Street (Right) and 25 Livingstone (background)



View looking south down Clarence Street at the intersection with Milton Street


Council has received a development application for the demolition of existing structures &

construction of a part 5/part 6 storey residential flat building containing 2 x 1 bedroom,

16 x 2 bedroom and 2 x 3 bedroom units over 2 levels of semi-basement & basement car

parking, landscaping and provision of site services.

A detailed development description is provided below:

Level Detailed Development Description

Basement

Level 2

17 vehicle spaces, including 1 disabled car space, 6 bicycle spaces, 15

storage compartments, and a centrally located lift and stairwell.

Basement

Level 1

10 vehicle spaces comprising 7 residential car parking spaces, 4 visitor

spaces and 1 disabled car parking spaces, 5 storage compartments

and a centrally located lift and stairwell.

Ground Level 2 x 1 bedroom units (including 1 adaptable dwelling), 1 x 2 bedroom

unit, communal open space, garbage room, building entrance from

Clarence Street to a centrally located lift lobby and stairwell, basement

access and building services.

First floor

through third

floor

4 x 2 bedroom units (12 in total) arranged around a centrally located lift

and stairwell. A 2 bed unit on the first floor has been nominated as an

adaptable dwelling.

Fourth floor 3 x 2 bedroom units and the lower level of 2 x 3 bedroom two storey

units arranged around a centrally located lift and stairwell.



Fifth floor Upper level of the 2 x 3 bedroom two storey units occupying the northern

portion of the floor and rooftop communal open space on the southern

side of the roof with access via a centrally located lift and lobby.

History

- A pre-lodgement meeting was held with Council for a proposed part 5/part 6 storey

residential flat building on 15 December 2014. The written advice concluded the

proposal needed to address various issues; including site isolation/minimum lot

size, compliance with the FSR and height controls for each of the sites, building

separation and privacy treatment, and flooding; and thus required significant

amendments or alternate design options be explored in order to adequately

address the matters raised in the pre-lodgement meeting.

- The subject development application DA-276/2015 was lodged on 7 August 2015.

Following a detailed assessment of the proposal a number of issues were identified

regarding compliance with the State Environmental Planning Policy No. 65 Design

Quality of Residential Apartment Development (SEPP 65) and associated

Apartment Design Guide (ADG); Auburn Local Environmental Plan 2010 (ALEP) and

Auburn Development Control Plan 2010 (ADCP).

- Issues that were identified included additional evidence to address site isolation,

compliance with the FSR and height controls for each of the sites, acid sulphate

soils, stormwater, access to ground level communal open space and provisions of

perimeter landscaping to the roof top communal open space and additional

information to demonstrate compliance with various SEPP 65 ADG requirements.

Following various discussions between the applicant and Council Officers, minor

amendments were made to the plans, and additional information submitted, to

address the matters raised above. A clause 4.6 variation of development standard

was also provided with the initial lodgement of the application and this has been

readdressed.


The applicant has provided a Statement of Environmental Effects prepared by Chapman

Planning dated 4 August 2015 and was received by Council on 7 August 2015 in support

of the application.



properties and been in regular contact with the applicant throughout the assessment

process.



Internal Referrals



comment who has raised no objections to the proposed development subject to

conditions of consent.

External Referrals

NSW Police

The development application was referred to the NSW Police Service in accordance with

the Policy on Crime Prevention Through Environmental Design (CPTED) for a crime risk

assessment. In correspondence dated 27 July 2016, no objections have been raised by

NSW Police to the proposed development subject to the imposition of conditions on any

development consent in respect of security and crime prevention.

Planning Comments




Policies:

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

As the development relates to a new residential flat buildings a BASIX certificate hasbeen

submitted to accompany the development application. The plans and details submitted

with the development application satisfy the relevant BASIX commitments required to be

endorsed on the development application plans. Conditions will be imposed on the

development consent to ensure that the construction of the new residential flat building is

in accordance with all specified BASIX commitments. The proposed development is

considered acceptable in respect of the relevant requirements of SEPP (BASIX) 2004.

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

The proposed development is affected by the Infrastructure SEPP 2007 at the following

clauses:-

Clause 87 – Impact of rail noise or vibration on non-rail development

The proposal relates to the construction of 20 residential units on a site that is located

approximately 80m from a railway line. In accordance with Development Near Rail

Corridors and Busy Roads – Interim Guidelines a specialist acoustic report is not required

for development 80m or more from a rail corridor. Nonetheless the applicant has

submitted an acoustic report prepared by Acoustic Logic (Reference Number

20150520.1/1105A/RO which concludes that:



“Noise intrusion from traffic onto the future occupants of the development have

been assessed in accordance with the Auburn City Council DCP and Australian

Standard AS2107:2000. Provided the acoustic treatments in Section 4 are

adhered to, the internal noise levels will satisfy the requirements of the criteria.

Noise emission criteria for the development site have been determined based on

background noise logging data, the NSW EPA Industrial Noise Policy and the

Protection of the Environment Operations Act Regulation 2000. The resultant

criteria are presented in Section 5.2.3. Nosie from mechanical plant items

associated with the proposed development should comply with these criteria.

Detailed design of mechanical plant items should be carried out at CC stage.”

Recommended noise attenuation measures include glazing treatment, mechanical

ventilation of various units and treatment of mechanical plant.

It is considered that the development will perform satisfactorily in regards to mitigation of

external noise subject to the recommendations of the submitted acoustic report. Further,

Council’s Environmental Health Officer raised no objection to the proposal in this regard

subject to the imposition of conditions. It is therefore recommended that if the

development is to be determined favourably, the recommendations of the submitted

acoustic report form part of any conditions of development consent.

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

The requirement at Clause 7 of SEPP 55 has been considered in the following table to

ensure the site is suitable or can be made suitable to accommodate the proposed

development:

Matter for Consideration Yes/No

Does the application involve re-development of the site or a change of land use? Yes No

In the development going to be used for a sensitive land use (e.g.: residential, educational,

recreational, childcare or hospital)? Yes No

Does information available to you indicate that an activity listed below has ever been approved, or

occurred at the site?

acid/alkali plant and formulation, agricultural/horticultural activities, airports, asbestos production

and disposal, chemicals manufacture and formulation, defence works, drum re-conditioning works,

dry cleaning establishments, electrical manufacturing (transformers), electroplating and heat

treatment premises, engine works, explosive industry, gas works, iron and steel works, landfill sites,

metal treatment, mining and extractive industries, oil production and storage, paint formulation and

manufacture, pesticide manufacture and formulation, power stations, railway yards, scrap yards,

service stations, sheep and cattle dips, smelting and refining, tanning and associated trades, waste

storage and treatment, wood preservation

Yes No

Is the site listed on Council’s Contaminated Land database? Yes No

Is the site subject to EPA clean-up order or other EPA restrictions? Yes No

Has the site been the subject of known pollution incidents or illegal dumping? Yes No

Does the site adjoin any contaminated land/previously contaminated land? Yes No


The subject sites are currently used for a hotel and residential apartments and the proposed development will elevate

the use of the site as a high density residential property containing 96 apartments.

A Detailed Site Investigation was undertaken by Aargus Pty Ltd (Ref: ES6236) dated 14 May 2015. The report

made the following conclusions and recommendations:

“The findings of the assessment indicated the following areas of environmental concern:



Matter for Consideration Yes/No

Heavy metals contaminants present in BH16

Based on the results of the investigation it is considered that the risks to human health and the

environment associated with soil contamination at the site are low within the context of the proposed

use of the site for a medium density residential development. The site is therefore considered to be

rendered suitable for the proposed use, subject to the following:

An appropriate remedial / management strategy is developed, culminating in reparation of a

Remedial Action Plan (RAP) in accordance with EPA Guidelines, in regards to the heavy metal

contaminated soil material at BH6.

Any soils requiring removal from the site, as part of future site works, should be classified in

accordance with the “Waste Classification Guidelines, Part 1: Classifying Waste” NSW EPA

(2014).

A Remediation Action Plan prepared by Aargus Pty Ltd (Ref: ES6236/s) was also submitted with the

application in accordance with the recommendation of the detailed Site investigation and states the

following.

It is considered that the site will be suitable for the development into a medium-density residential

building, including two-level basement car parking with a deep soil area around the perimeter of the site

subject to the implementation of remediation and validation works in accordance with this RAP.”

Council Officers consider that the above investigations are appropriate in the context of the subject

development and will require implementation of the recommendations as part of any conditions of consent.

A referral was sent to Council’s Environmental Health Officer who raised no objection to the development

subject to the imposition of standard conditions.

Accordingly, the site is considered suitable to accommodate the proposed development as per clause 7 of SEPP 55. No

further investigation or remediation works are considered warranted in the circumstances.

Has the appropriate level of investigation been carried out in respect of contamination matters for

Council to be satisfied that the site is suitable to accommodate the proposed development or can

be made suitable to accommodate the proposed development?

Yes No

State Environmental Planning Policy No.65 – Quality Design of Residential Apartment

Development (SEPP 65)

The relevant provisions and design quality principles of SEPP 65 have been considered in

the assessment of the development application. In general, the proposed development is

considered to perform satisfactorily having regard to the SEPP 65 design principles as well

as the provisions under the Apartment Design Guide (ADG).

The following table highlights non-compliances with the Apartment Design Guide (ADG)

which relate primarily to building separation, communal open space, visual privacy,

protrusion of the basement above ground level, minimum balcony area, balustrade

treatment and corridor design.

Requirement Yes No N/A Comment

Part 3B - Orientation

3B-2 Design Guidance

Living areas, private open space and communal

open space should receive solar access in

accordance with sections 3D Communal and

public open space and 4A Solar and daylight

access.

The proposed development achieves the

minimum solar access requirements for

the internal living areas, private and

communal open spaces in accordance

with sections 3D and 4A.




Solar access to living rooms, balconies and private

open spaces of neighbours should be considered.

Where an adjoining property does not currently

receive the required hours of solar access, the

proposed building ensures solar access to

neighbouring properties is not reduced by more

than 20%.

If the proposal will significantly reduce the solar

access of neighbours, building separation should

be increased beyond minimums contained in

section 3F Visual privacy.

Overshadowing should be minimised to the south

or downhill by increased upper level setbacks.

It is optimal to orientate buildings at 90 degrees

to the boundary with neighbouring properties to

minimise overshadowing and privacy impacts,

particularly where minimum setbacks are used

and where buildings are higher than the adjoining

development.

A minimum of 4 hours of solar access should be

retained to solar collectors on neighbouring

buildings.

A three (3) storey building comprising 6

townhouses, with individual ground floor

entries and garages, is located on the

southern side of the subject site. The

northern elevation of this building

comprises windows to habitable rooms

and first floor balconies. This building

currently does not experience any

overshadowing from the single storey

dwellings located on the subject site.

The applicant has submitted elevational

shadow diagrams which demonstrate that

the building is most affected between 9am

and 10am during mid-winter. By 12noon

half of the northern elevation receives

solar access and by 1pm two-thirds of the

elevation receives solar access. The worst

affected part of the elevation is at the

eastern end however, the shadow

diagrams indicate that the part of the

building which breaches the maximum

height limit under ALEP (i.e. the lift overrun

and associated lobby and staircase

providing access to the rooftop communal

open space) does not result in any

additional overshadowing.

Further, the southern half of the subject

building is approximately 300mm below

the maximum 18m height limit and one-

third of the southern part of the building is

setback 10m from the boundary. This

setback is in excess of the minimum

requirement of 6m for up to 4 storeys and

9m for 5-8 storeys. The remaining

southern part of the building is setback

4.5m from the boundary. Based on the

submitted shadow diagrams however, it is

unlikely that an increase of 1.5m in the

southern side setback would improve

solar access to the eastern end of the

adjoining building.

Part 3D - Communal and public open space

3D-1 Design Guidance

Communal open space should be consolidated

into a well-designed, easily identified and usable

area.

The proposal includes communal open

space in two locations. An area of

210sqm on the roof of the building and

area of 116sqm within the southern

setback at ground level incorporating the

deep soil zone, equating to 35% of the site

area.

The combined areas exceed the minimum

requirements for an area equal to 25% of

the site to be provided as communal open

space; solar access for a minimum of 2

hours between 9am and 3pm in mid-

winter to at least 50% of the principal

usable part of the space is achieved; and

each area has dimensions exceeding the

minimum 3m.

Communal open space should have a minimum

dimension of 3m, and larger developments should

consider greater dimensions.

Communal open space should be co-located with

deep soil areas.

Direct, equitable access should be provided to

communal open space areas from common

circulation areas, entries and lobbies.

Where communal open space cannot be provided

at ground level, it should be provided on a podium

or roof.




Where developments are unable to achieve the

design criteria, such as on small lots, sites within

business zones, or in a dense urban area, they

should:

• provide communal spaces elsewhere such as

a landscaped roof top terrace or a common

room.

Further, all units are provided with a

balcony that exceeds the minimum area

requirements and the site is located

opposite two small reserves.

Due to the height of the ground floor above

natural ground level to address flooding

requirements, access to the at-grade

communal open space in the southern

side setback is limited to a set of stairs via

the lift lobby. Although a platform lift is

provided at the building entry in Clarence

Street, residents would be required to gain

access the communal open space via the

public footpath. It is considered

appropriate therefore, that a condition of

consent be imposed requiring equitable

access be provided within the site to the

at-grade communal open space. Equitable

access is also available to the rooftop

communal open space via the lift.

• provide larger balconies or increased private

open space for apartments.

• demonstrate good proximity to public open

space and facilities and/or provide

contributions to public open space.

Part 3F - Visual privacy 3F-1 Design criteria

Separation between windows and balconies is

provided to ensure visual privacy is achieved.

Minimum required separation distances from

buildings to the side and rear boundaries are as

follows:

Building

height

Habitable

rooms &

balconies

Non

habitable

rooms

Up to 12m

(4 storeys)

6m 3m

Up to 25m

(5-8 storeys)

9m 4.5m

Over 25m

(9 + storeys)

12m 6m

The majority of the proposed 5-6 storey

building is setback 4.5m from the

southern and western boundaries of

adjoining sites. This is an encroachment

of 1.5m up to 4 storeys and 4.5m for the

fifth and sixth storey. Windows to

habitable rooms have however, been

limited to the following:

Western elevation

Ground floor – One (1) highlight

bedroom window

Level 1 to 4 – One (1) kitchen

window and one (1) highlight

ensuite window

Level 5 – One (1) highlight ensuite

window

Southern elevation

Ground floor - One (1) highlight

bathroom window

Levels 1 to 4 – One (1) kitchen

window & two (2) highlights windows

to a bathroom and ensuite.

The development has been designed with

limited openings in the southern and

western elevations with windows to a

habitable room, being the kitchens,

limited to one per floor in each elevation.

To ensure the privacy of the adjoining

properties, and compliance with the

design criteria, it is recommended that a

condition of consent be imposed requiring

that the kitchen windows contain obscure

glazing to a minimum height of 1.6m from

finished flor level. As the windows are

shown as being top hinged and openable

from the bottom (hopper-style) this

requirement will allow for natural

ventilation whilst restricting views.




Part 3J - Bicycle and car parking

3J-4 Design Guidance

Excavation should be minimised through efficient

car park layouts and ramp design.

Car parking layout should be well organised, using

a logical, efficient structural grid and double

loaded aisles.

Protrusion of car parks should not exceed 1m

above ground level. Design solutions may include

stepping car park levels or using split levels on

sloping sites.

Natural ventilation should be provided to

basement and sub-basement car parking areas.

Ventilation grills or screening devices for car

parking openings should be integrated into the

facade and landscape design.

Due to the site being in a flood planning

area the ground floor of the building has

had to be raised. As a consequence, the

basement protrudes between 1.6m-1.8m

above natural ground level. An 800mm

high planter box is proposed to be

provided in front of the basement walls to

provide visual relief. This is considered to

be an acceptable design response given

the flooding constraints of the site.

It does not appear that the basements are

to be naturally ventilated as grilles have

not been shown on the elevations. Grilles

could however, be incorporated if deemed

appropriate to meet the requirements of

the BCA, as the vegetation in the planter

boxes will provide screening.

Part 4E - Private open space and balconies

4E-1 Design Criteria

All apartments are required to have primary

balconies as follows:

Dwelling type Minimum

area

Minimum

depth

Studio

apartments

4m2 -

1 bedroom

apartments

8m2 2m

2 bedroom

apartments

10m2 2m

3 plus bedroom

apartments

12m2 2.4m

The minimum balcony depth to be counted as

contributing to the balcony area is 1m.

A 3 bedroom unit is provided with a

balcony of 10sqm directly accessible from

the living area which does not in itself

meet the 12sqm minimum requirement.

The subject unit is located over two (2)

levels and a second balcony of 16sqm,

with a depth of 1m, is provided on the

upper level. It is therefore, considered

that the minor departure from the

minimum balcony size requirement is

acceptable in this instance.

4E-3 Design Guidance

Solid, partially solid or transparent fences and

balustrades are selected to respond to the

location. They are designed to allow views and

passive surveillance of the street while

maintaining visual privacy and allowing for a range

of uses on the balcony. Solid and partially solid

balustrades are preferred.

Full width full height glass balustrades alone are

generally not desirable.

The proposal has been designed with

glass balustrades to all balconies. It is

therefore, recommended that a condition

of consent be imposed that balcony

balustrades be replaced with opaque

glazing. Full height moveable screens are

to be provided to each balcony which will

add interest to the balcony treatment.

Part 4F - Common circulation and spaces

4F-1 Design Guidance

Greater than minimum requirements for corridor

widths and/ or ceiling heights allow comfortable

movement and access particularly in entry

lobbies, outside lifts and at apartment entry doors.

Daylight and natural ventilation should be

provided to all common circulation spaces that

are above ground.

Windows should be provided in common

circulation spaces and should be adjacent to the

stair or lift core or at the ends of corridors.

The proposal does not incorporate open

ended corridors to allow natural sunlight

and ventilation to common circulation

spaces.

It is noted that an emphasis has been

placed on providing suitable amenity to

each individual apartment in regards to

both ventilation and solar access.




Given the site’s corner location, and the

resulting square nature of the building, the

ability to provide open ended corridors is

limited. Each corridor is approximately

1.8m in width and is a relatively short L-

shaped form providing access to only 3-4

units on each floor. For these reasons, the

design of the development, is considered

satisfactory in this regard.

Part 4H - Acoustic Privacy

4H-1 Design Guidance

Adequate building separation is provided within

the development and from neighbouring

buildings/adjacent uses (see also section 2F

Building separation and section 3F Visual privacy).

Window and door openings are generally

orientated away from noise sources.

Noise sources such as garage doors, driveways,

service areas, plant rooms, building services,

mechanical equipment, active communal open

spaces and circulation areas should be located at

least 3m away from bedrooms.

The matter of building separation has

been discussed previously. Although the

development encroaches into the

minimum separation distances openings

have been kept to a minimum with only

kitchen and bathroom/ensuite windows

located on the southern and western

elevations where the development faces

adjoining sites.

Given the requirement to raise the ground

level of the building and basement access

due to flooding requirements an extensive

ramp has had to be provided to the

basement which, given the dimensions of

the site has been provided along the side

of the building with a 90 degree turn into

the basement at the rear of the site. As

living areas have been located to take

advantage of the northern and eastern

orientation, a number of bedrooms are

located over the basement driveway.

Given the design constraints imposed by

flooding requirements it is considered that

the building responds appropriately to the

site and the number of bedrooms in

proximity of the ramp have been

minimised.

Regional Environmental Plans

The proposed development is affected by the following Regional Environmental Plans:

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The site is located within the area within the Sydney Harbour Catchment and SREP (Sydney

Harbour Catchment) 2005 is applicable to the development application. The development

application raises no issues as to consistency with the requirements and objectives of the

SREP.




Auburn Local Environmental Plan 2010

The provisions of the Auburn Local Environmental Plan (ALEP 2010) are applicable to the

development proposal. It is noted that the development achieves compliance with the core

statutory requirements of the ALEP 2010 and the objectives of the R4 High Density

Residential zoning. However, the applicant seeks to vary the maximum FSR and height

limits applicable to part of the site in accordance with Clause 4.6 Variation of Development

Standard of the ALEP 2010. This is discussed below.

Requirement Yes No N/A Comment Part 2 – Land Use Zones

Subject site zoned R4 – High

Density Residential

The proposed development, defined as a

“Residential Flat Building” is permissible with

Council consent. It is considered that the proposed

development satisfies the relevant objectives of the

ALEP 2010 and the relevant objectives of the R4 –

High Density Residential zone.

Part 4 – Principal Development

Standards

4.3 Height of Buildings

Maximum height of buildings

permitted is as follows:

8 Clarence Street – 20m

10 Clarence Street – 18m

The subject development site comprises two lots

which have differing maximum building heights being

20m at 8 Clarence Street and 18m at 10 Clarence

Street.

The applicant is proposing to vary the maximum 18m

building height at 10 Clarence Street by up to 2.8m.

The variation is associated with the centrally located

lift overrun, foyer and staircase to the rooftop

communal open space.

The applicant has submitted a statement addressing

Clause 4.6 Exceptions to development standards

which is discussed in detail below.



Requirement Yes No N/A Comment 4.4 – Floor Space Ratio

Maximum FSR permitted for the

site is as follows:

8 Clarence Street – 2.0:1

10 Clarence Street – 1.7:1

The subject development site comprises two lots

which have differing maximum FSRs, being 2.0:1 at

8 Clarence Street and 1.7:1 at 10 Clarence Street.

The applicant is proposing an FSR of 2.22:1 at 8

Clarence Street and 1.52:1 at 10 Clarence Street.

Therefore, a variation is sought to the maximum FSR

of 2:1 applicable to 8 Clarence Street. The variation

equates to 93sqm. In total, however, the building

does not exceed the maximum allowable GFA of

1,704.7sqm across both sites as the GFA of that

part of the development on 10 Clarence Street is

93.7sqm under the maximum permitted FSR/GFA as

detailed below:

Maximum FSR

8 Clarence Street – 2.0:1 / 836sqm GFA

(Site Area – 401.6sqm)

10 Clarence Street – 1.7:1 / 868.7sqm GFA

(Site Area – 511sqm)

Proposed FSR



The applicant has submitted a statement addressing

Clause 4.6 Exceptions to development standards

which is discussed in detail below.

4.6 Exceptions to development

standards

(1) The objectives of this clause

are:

(a) to provide an appropriate

degree of flexibility in

applying certain

development standards

to particular

development, and

(b) to achieve better

outcomes for and from

development by allowing

flexibility in particular

circumstances.

The proposal triggers a variation to the height of

building requirement. A Clause 4.6 Variation of

Development Standard was submitted with the

application seeking Council’s approval for an

additional 2.8m associated with the lift overrun,

foyer and staircase.

The applicant’s request to justify this development

standard is generally agreed with as detailed below.

(2) Consent may, subject to this

clause, be granted for

development even though the

development would

contravene a development

standard imposed by this or

any other environmental

planning instrument.

However, this clause does not

apply to a development

standard that is expressly

excluded from the operation

of this clause.

Suitable evidence has been provided to demonstrate

that Council may vary the development standard as

detailed below.

(3) Consent must not be granted

for development that

contravenes a development

standard unless the consent

authority has considered a

written request from the

applicant that seeks to justify

The applicant has provided a written request to seek

the variation, justifying that compliance with the

standard is unreasonable in the circumstances of

the case and that there are sufficient planning

grounds to justify the variation as summarised

below.



Requirement Yes No N/A Comment the contravention of the

development standard by

demonstrating:

(a) that compliance with the

development standard is

unreasonable or

unnecessary in the

circumstances of the

case, and

(b) that there are sufficient

environmental planning

grounds to justify

contravening the

development standard.

(4) Consent must not be granted

for development that

contravenes a development

standard unless:

(a) the consent authority is

satisfied that:

(i) the applicant’s

written request has

adequately

addressed the

matters required to

be demonstrated by

subclause (3), and

(ii) the proposed

development will be

in the public

interest because it

is consistent with

the objectives of the

particular standard

and the objectives

for development

within the zone in

which the

development is

proposed to be

carried out, and

(b) the concurrence of the

Director-General has

been obtained.

The applicant’s written request is seen to be

satisfactory to support the variation.

The objectives of the relevant development standard

and zone have been addressed and the

development is considered to be consistent with

these objectives as detailed above.

(5) In deciding whether to grant

concurrence, the Director-

General must consider:

(a) whether contravention of

the development

standard raises any

matter of significance for

State or regional

environmental planning,

and

(b) the public benefit of

maintaining the

development standard,

and

(c) any other matters

required to be taken into

consideration by the

Director-General before

granting concurrence.

As per Planning Circular PS 08-003, the consent

authority (Council) can assume concurrence from the

Director-General.

(6) Development consent must

not be granted under this

clause for a subdivision of



Requirement Yes No N/A Comment land in Zone RUI Primary

Production, Zone RU2 Rural

Landscape, Zone RU3

Forestry, Zone RU4 Primary

Production Small Lots, Zone

RU6 Transition, Zone R5

Large Lot Residential, Zone

E2 Environmental

Conservation, Zone E3

Environmental Management

or Zone E4 Environmental

Living if:

(a) The subdivision will

result will result in 2 or

more lots of less than the

minimum area specified

for such lots by a

development standard,

or

(b) The subdivision will

result in at least one lot

that is less than 90% of

the minimum area

specified for such a lot by

a development standard.

(7) After determining a

development application

made pursuant to this clause,

the consent authority must

keep a record of its

assessment of the factors

required to be addressed in

the applicant’s written

request referred to in

subclause (3).

(8) This clause does not allow

consent to be granted for

development that would

contravene any of the

following:

(a) a development standard

for complying

development,

(b) a development standard

that arises, under the

regulations under the

Act, in connection with a

commitment set out in a

BASIX certificate for a

building to which State

Environmental Planning

Policy (Building

Sustainability Index:

BASIX) 2004 applies or

for the land on which

such a building is

situated,

(c) clause 5.4.



Clause 4.6 – Exceptions to development Standards

- Maximum Floor Space Ratio

It is proposed that the maximum FSR of 2.0:1 at 8 Clarence Street be exceeded by 0.22:

1 or 93sqm GFA. This equates to a variance of 11%. A statement addressing Clause 4.6

Exceptions to development standards was submitted seeking Council’s approval for the

variation of the maximum permitted FSR and makes the following case:

What are the objectives of Clause 4.6?

The objectives of Clause 4.6 – Exceptions to Development Standards are:

(a) To provide an appropriate degree of flexibility in applying certain development

standards to particular development,

(b) To achieve better outcomes for and from development by allowing flexibility in

particular circumstances.

The proposed variation to the FSR (2:1 8 Clarence Street) development standard is

consistent with the objectives of Clause 4.6 as follows:

Objective (a): The proposed design confirms an appropriate degree of flexibility can be

applied based on the following assessment:

- The development proposal has been designed with the FSR range of 1.7:1-2:1

applied to the subject site with the greater floor area applied to the corner site

consistent with the urban design principles for the subject site

Objective (b): The proposed variation to the FSR control achieves a better outcome for the

development in the application of flexibility with the greater built form-density at the corner

with a reduced scale of development to the adjoining existing lower density development at

12 Clarence Street.

In my opinion the variation to the FSR development standards is acceptable for the subject

site noting the development proposal is consistent with the FSR control planned for this

corner site.

What are the objectives of the development standard?

The objectives of the development standard are at clause 4.4(1) of the Auburn LEP 2010 as

follows:

(a) To establish a maximum floor space ratio to enable appropriate development density

to be achieved, and

(b) To ensure that development intensity reflects its locality.

The proposed building meets the objectives of the [FSR] standard based on the following

assessment:

- The development proposal has been designed to represent greater building bulk and

scale to the corner consistent with the intent of the FSR control for corner sites.

- The development proposal has been designed with a distribution of floor area across

the site to achieve a better design outcome than strict compliance with the FSR

development standards. The additional floor area will not be visually significant or

contribute to unreasonable amenity impacts on adjoining properties.



Compliance with the development standard is unreasonable or unnecessary in this

particular case?

Pursuant to clause 4.6(3)(a) of the LEP the variation to the 2:1 FSR development standard

([8] Clarence Street) is acceptable in the circumstances of this case and compliance with

the development standards is considered to be unreasonable and unnecessary because it

meets the objective of the [FSR] standard even though it does not strictly comply based on

the following:

The development proposal has a total FSR of 1.83:1 on the consolidated site

consistent with the range of 1.7:1-2:1 applied to this corner site with the increased

floor area at the corner ensuring that the built form is compatible with the FSR

controls planned for corner sites.

The variation to the 2:2 FSR control will not be visually significant noting the

development has a total FSR of 1.83:1 ensuring the total floor area is consistent

with the maximum FSR control for the consolidated site area.

The variation to the 2:1 FSR control is a better planning outcome for the subject site

with a reduced built form – floor area for the building adjoining the existing 3 storey

form at 12 Clarence Street.

The additional floor area will not result in unreasonable overshadowing at mid-winter

compared to a development that complies with the numerical control.

Are there sufficient environmental planning grounds to justify contravening the development

standard?

Pursuant to Clause 4.6(3)(b) of the LEP the grounds for variation to the FSR control

contained in this application confirms that there are sufficient environmental planning

grounds to support the variation to the 2:1 FSR development standard ([8] Clarence Street)

contained in clause 4.4(2) of the Auburn LEP 2010 given the development proposal meets

the total GFA calculation applied to the site.

The grounds for variation to the FSR control contained in this application confirm that

achieving compliance with the controls is unreasonable in the circumstances as the

underlying objectives of the control are achieved.

The variation to the FSR standards does not attempt to affect the planning outcome for the

locality. The portion of the building exceeding the 2:1 FSR control will not contribute to

unreasonable building bulk or scale being compatible with the form and scale of buildings

planned for corner sites in the R4 - High Density Residential zone.

Is the proposed Development in the public interest?

Clause 4.6(4)(ii) of the LEP states:

Development consent must not be granted for development that contravenes a

development standard unless:


(i) the applicant’s written request has adequately addressed the matters required

to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent

with the objectives of the particular standard and the objectives for

development within the zone in which the development is proposed to be carried

out, and



(b) the concurrence of the Secretary has been obtained.

The proposed variation to [FSR] is in the public interest as follows:

- The development proposal has been designed to achieve a suitable development

yield consistent with the planning controls for the subject site and the variation to

the FSR control will not be perceptible from the public domain, noting the overall

FSR for the development of 1.83:1. The development proposal is in the public

interest with the development form and scale consistent with the planning controls

for the locality and the provision of additional housing within the catchment of public

transport and services.

- The building has been designed with a reduced scale of development adjoining the

lower scale built form to the south and will not present unacceptable bulk and scale

to the public domain or result in unreasonable amenity impacts.


standard?

The development proposal has sufficient grounds to vary the 2:1 FSR control ([8] Clarence

Street) contained in Cluse 4.4 of the Auburn LEP 2010. The development proposal has a

GFA of 1704m2 and meets the total permissible floor area for the consolidated site.

The additional floor area will not be visually significant when viewed from the public domain

or adjoining properties, and will not result in unreasonable amenity impacts.

The variation to the FSR development standards does not attempt to affect the planning

outcomes for the broader locality; rather the development proposal has been designed to

present a suitable form for development on this corner site with distribution of floor area

across the site consistent with the FSR controls.

In my opinion the application to vary the FSR development standard is well founded and as

addressed the development proposal does not hinder attainment of the Objects of the Act

or the aims and objectives of the Auburn LEP 2010. The variation to the FSR standard

should be supported.”

Planners comment: The applicant has provided sufficient justification in regards to the

variation of Clause 4.4 Floor space ratio, demonstrating that compliance with the

development standard is unreasonable and that there are sufficient environmental

planning grounds to justify contravening the standard.

As detailed in the ALEP 2010 compliance table the FSR for the combined sites does not

exceed the permitted maximum and redistributing the GFA would potentially result in a

greater breach of the maximum height limit at 10 Clarence Street and greater amenity

impacts for the adjoining property to the south. The proposed development does not

exceed the maximum intensity of development permitted for the site and as such complies

with the objectives for the particular development standard.

The consent authority can therefore be satisfied that in the circumstances of this case, the

variation will achieve a suitable planning outcome and allow for appropriate levels of

amenity for existing and future surrounding developments.

- Maximum Building Height



It is proposed that the maximum building height of 18m at 10 Clarence Street be exceeded

by up to 2.8m. The additional height is associated with the centrally located lift overrun.

The associated foyer and stairwell also exceed the height limit by approximately 600mm.

Diagrams of the breach of the height limit are shown below:

Area breaching height control

Area breaching

height control



A statement addressing Clause 4.6 Exceptions to development standards was submitted

seeking Council’s approval for the variation of the maximum permitted building height and

makes the following case:

What are the objectives of Clause 4.6?

(a) To provide an appropriate degree of flexibility in applying certain development

standards to particular development,

(b) To achieve better outcomes for and from development by allowing flexibility in

particular circumstances.

The proposed variation to the 18m height development standard measured to the lift overrun

is consistent with the objectives of clause 4.6 as follows:

Objective (a): the proposed design confirms an appropriate degree of flexibility can be applied

based on the following assessment:

- The development proposal is largely within the 18-20m height controls applying to

the site with the minor variation being the lift overrun that provides access to the

communal roof terrace. The lift overrun and associate structure for weather

protection will not be highly visible from Clarence Street or Milton Street – public

domain.

Objective (b): The proposed variation to the height control achieves a better outcome for and

from the development in the application of flexibility based on the following:

- The building height is consistent with the scale of the development planned for the

subject site with the higher built element to the corner and the roof structure – lift

overrun set behind the portion of the built form at the corner, recessed-setback 13m

from Clarence Street, will not be visible from the public domain, and ensures there

is accessible communal open space for the development receiving solar access.

In my opinion the variation to the building height development standard is acceptable for the

subject site noting the development proposal is consistent with the building height planned

for this corner site with the minor variation resulting from the lift overrun to the communal

terrace allowing for flexibility to the height control noting the variation of 2m – 3m is confined

to the lift overrun and associated structure centrally located on the building and set behind

the building height to the corner with the majority of the building meeting the 18m - 20m

height control.

What are the objectives of the development standard?

The objectives of the development standard area t clause 4.3(1) of the Auburn LEP 2010 as

follows:

(a) to establish a maximum height of buildings to enable appropriate development

density to be achieved, and

(b) to ensure that the height if buildings is compatible with the character of the locality.

The proposed building meets the objectives of the building height development standard

based on the following assessment:

- The development proposal has been designed as a 5 – 6 storey form with a

defined step in the building height consistent with the intent of the height control



for corner sites ensuring the variation to the 18m height control on part of the site

(10 Clarence Street) will not present unreasonable building height or scale to the

public domain or adjoining properties.

The development proposal has been designed with step in building consistent with the height

control noting the portion of the building exceeding the height control is recessed and will not

be visually significant confirming the development is consistent with the planning control for

the subject site.

Compliance with the development standard is unreasonable or unnecessary in this particular

case?

Pursuant to Clause 4.6(3) of the LEP the variation to the 18m building height development

standard is acceptable in the circumstances of this case and compliance with the

development standard is considered unreasonable and unnecessary because it meets the

objective of the height standards even though it does not strictly comply based on the

following:

The development proposal present a 5-6 storey building form to the public domain

and adjoining properties with the lift overrun exceeding the 18m height control being

recessed ensuring the built form is compatible with the eight controls for corner

sites.

The variation to the 18m height control for the lift overrun is centrally located

ensuring the built form will be viewed as 5-6 storey development t the public domain

and adjoining properties consistent with the planning controls for the site.

The variation to the 18m height at the upper level is 2m – 3m above the height

control. The building presents a 5 – 6 storey form at this corner site and the portion

of the building exceeding 18m in height is not visually significant.

The recessed lift overrun exceeding the 18m height control is centrally located and

will not be visually dominant and does not contribute to unreasonable visual bulk

and scale when viewed from the public domain or adjoining properties.

The Shadow Study report supporting the application prepared by MOMA architects

confirms the portion of the building exceeding the 18m height control will not result

in unreasonable overshadowing at mid-winter. The portion of additional shadow cast

by the non-complying part of the building is shown below.



The upper level of the building is stepped presenting a well-articulated building

addressing the corner and consistent with the planning controls for the locality.


standard?

Pursuant to clause 4.6(3)(b) of the LEP the grounds for variation to the height control

contained in this application confirms that there are sufficient environmental planning

grounds to support the variation to the 18m building height development standard contained

in clause 4.3(2) of the Auburn LEP 2010 given the variation is minor, confined to the lift

overrun and associated structure providing access to the roof-top communal space. The

variation to the 18m height control is setback behind the corner elements and will not be

highly visible from the public domain.

The minor variation to the building height standard does not attempt to affect the planning

outcome for the locality, rather the variation is to the proposed upper level – lift overrun result

in a minor variation to 18m height control applied to part of the site (10 Clarence Street). The

building has been designed to present a step in building height suitable for this corner site

and the portion of the building exceeding the 18m height control will not contribute to

unreasonable building bulk or scale being compatible with the form and scale of buildings

planned for corner sites in the R4 – High Density zone.

Is the proposed Development in the public interest?

Clause 4.6(4)(ii) of the LEP states:

Additional

shadow



Development consent must not be granted for development that contravenes a development

standard unless:


(i) the applicant’s written request has adequately addressed the matters

required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is

consistent with the objectives of the particular standard and the objectives

for development within the zone in which the development is proposed to be

carried out, and

(b) the concurrence of the Secretary has been obtained.

The proposed variation to the building height is in the public interest as follows:

- The development proposal has been designed to achieve a suitable development

yield consistent with the planning controls for the subject site and the minor

variation to the height control will not be perceptible form the public domain. The

development proposal is in the public interest with the development form and scale

consistent with the planning controls for the locality and the provision of additional

housing within the catchment of public transport and services.

- The portion of the building exceeding the 18m height control will not present

unacceptable bulk and scale to the public domain or result in unreasonable

amenity impacts.

- The lift overrun and associated structures ensures the development provides

accessible communal open space on the roof-top area that will receive solar

access and contribute to residential amenity.

Are there sufficient environmental planning grounds to justify contravening the developments

standards?

The development proposal has sufficient grounds to vary the 18m height control contained in

Clause 4.3 of the Auburn LEP 2010. The minor variation is confined to the lift overrun and

associated structures providing access to the communal open space.

The variation to the 18m building height control is applied to part of the subject site (10

Clarence Street); notwithstanding, the building has been designed to present a 5-6 storey

form on this corner site consistent with the planning controls with the upper level – lift overrun

recessed ensuring that building steps when viewed from the public domain – Clarence Street.

The lift overrun is centrally located on the roof form [and] and will not be visually dominant

[when] viewed from the public domain or adjoining properties, and will not result in

unreasonable amenity impacts.

The variation to the building height standards does not attempt to affect the planning

outcomes for the broader locality; rather the development proposal has been designed to

present a suitable form of development on this corner site with stepped building height

reflecting the scale and form of development planned for residential flat building development

on corner sites. Further, the recessed lift overrun [will not be] visually dominant or result in

unreasonable impacts to the surrounding properties.

In my opinion the application to vary the building height development standard is well founded

and as addressed the development proposal does not hinder attainment of the Objects of the



Act or the aims and objectives of the Auburn LEP 2010. The variation to the building height

standard should be supported.

Planners comment: The applicant has provided sufficient justification in regards to the

variation of Clause 4.3 Height of Buildings, demonstrating that compliance with the

development standard is unreasonable and that there are sufficient environmental

planning grounds to justify contravening the standard.

As previously stated, the height breach relates to the centrally located lift overrun and

associated foyer and staircase providing access to the rooftop communal open space. The

only additional shadow cast is at 9am in mid-winter and elevational shadow diagrams have

also been submitted to demonstrate that this shadow does not impact on the adjoining

residential flat building immediately adjoining the southern boundary of the site.

The consent authority can therefore be satisfied that in the circumstances of this case, the

variation will achieve a suitable planning outcome and allow for appropriate levels of

amenity for existing and future surrounding developments.

The provisions of any Draft Environmental Planning Instruments (EP& A Act s79C(1)(a)(ii))

The proposed development is not affected by any relevant Draft Environmental Planning

Instruments.


Auburn Development Control Plan 2010

The relevant sections of Auburn Development Control Plan 2010 have been considered in

the assessment of the development application and are discussed in detail below.

a) Residential Flat Buildings

The relevant design requirements and objectives of the Residential Flat Buildings chapter

of the ADCP 2010 have been considered in the assessment of the development

application. The following table highlights non-compliances within the Residential Flat

Building chapter of the ADCP 2010 which relates primarily to site area, setback of

articulation elements, balcony balustrade treatment, communal open space and deep soil

zone.


2.0 Built Form

2.1 Site area

D1 A residential flat building development shall

have a minimum site area of 1000m2 and a

street frontage of 20m in the B4 Zone or 26m

in the R4 Zone.

D2 Where lots are deep and have narrow street

frontages the capacity for maximising

residential development is limited. Two or

more sites may need to be amalgamated to

provide a combined site with sufficient width

for good building design.

The development site has an area of

929sqm which is 71sqm below the

required minimum area for a residential

flat building. The developer has

unsuccessfully made offers to purchase

the adjoining site to the west (No. 1 Milton

Street). The matter of site isolation is

discussed in further detail below. Despite

the non-compliance with the minimum site

area the development is considered to

perform satisfactorily having regard to the

objectives and performance criteria of the

DCP.




2.2 Site coverage

D1 The built upon area shall not exceed 50% of

the total site area.

D2 The non-built upon area shall be landscaped

and consolidated into one communal open

space and a series of courtyards.

The proposal has a site coverage of 63%

(590sqm) which represents a variation

equating to 125.4sqm. The site coverage

also includes the driveway and external

basement ramp. The applicant provided

the following justification for the non-

compliance:

“…the driveway design to address the

flood affectation results in the variation

to the 50% site area control.

Notwithstanding, the development

proposal has been designed to meet the

site coverage performance criteria

providing adequate area surrounding

the built form for deep soil landscape

works and the proposal has been

designed to mitigate potential privacy

impacts to the adjoining properties.”

Given that the proposal incorporates

satisfactory setbacks, a communal open

space area, and is designed appropriately

to address all street frontages, it is

considered appropriate to permit a

variation to the stated provision.

The proposal introduces suitably

landscaped areas, private terraces and a

consolidated communal open space area

within the non-built upon areas.

2.4 Setbacks

2.4.1 Front setback

D5 All building facades shall be articulated by bay

windows, verandahs, balconies and/or blade

walls. Such articulation elements may be

forward of the required building line up to 1m.

The ground floor private terraces are 2m

forward of the minimum 4m front setback

for Clarence Street (NB: Milton Street can

be considered as the secondary street

frontage where the minimum required

building setback is 3m and thereby the

terraces would only encroach 1m forward

of the required building line in compliance

with the DCP). The terrace areas are

located over the semi-basement car park

which protrudes above natural ground

level due to flooding requirements.

The integration of useable outdoor areas

over the semi-basement car park is

considered to be a positive building

response that will not adversely impact on

the streetscape. The variation to the

setback of articulation elements in this

instance is, therefore, considered to be

satisfactory.

2.4.3 Rear setback

D1 Rear setbacks shall be a minimum of 10m.

As the site is located on a corner the south-

western portion of the building has been

setback over 10m from the southern and

western boundaries for approximately

one-third of the building’s length. The

remaining side setbacks are 4.5m. The

building is considered to perform

satisfactorily in this regard as the 10m




setback achieves adequate building

separation for visual and acoustic privacy.

2.9 Building Design

2.9.4 Balustrades and balconies

D2 Opaque glazing and/or masonry for

balustrading and balconies is encouraged.

D3 Clear glazing for balustrading and balconies is

prohibited.

This matter has been discussed previously

under the ADG compliance table. A

condition of consent is to be imposed

requiring the clear glazed balustrading be

replaced with opaque glazing.

3.0 Open space and landscaping

3.1 Deep soil zone

D1 A minimum of 30% of the site area shall be a

deep soil zone.

D2 The majority of the deep soil zone shall be

provided as a consolidated area at the rear of

the building.

D3 Deep soil zones shall have minimum

dimensions of 5m.

D4 Deep soil zones shall not include any

impervious (hard) surfaces such as paving or

concrete.

The applicant has submitted information

stating that the development has a deep

soil component equating to 25% of the site

which is a departure of 46.7sqm. The

deep soil areas also do not have minimum

dimensions of 5m, however, the site is

able to accommodate suitable

landscaping with the majority of the zone

provided in a consolidated area. Further,

the zone the minimum deep soil

requirement under the ADG.

Although the common area is made up of

a both hard and soft landscaping, the

deep soil areas are considered to make up

a minimum of 7% of the total site area.

This is consistent with the ADG

requirements which prevail over the

requirements of the DCP.

3.6 Communal open space

D1 Communal open space shall be useable,

have a northern aspect and contain a

reasonable proportion of unbuilt upon

(landscaped) area and paved recreation

area.

D2 The communal open space area shall have

minimum dimensions of 10m.

The ground level communal open space is

located on the southern side of the

building as is the rooftop space.

Substantial areas of the ground level

communal open space receive solar

access in mid-winter as does the majority

of the roof space.

In terms of dimensions, the ground level

space is limited to 4.5m in width by

approximately 25.5 m in length. The roof

top space has dimensions of almost 12m

in each direction however, the lift core and

lobby are located in the north-western

quadrant of the space. The spaces

combined however, provide the minimum

required communal open space and the

areas are both usable and functional

satisfying the objectives and performance

criteria for the provision of communal

open space.



Site Area and Potential Site Isolation – 1 Milton Street, Lidcombe

Council officers raised concern as to the development proposal resulting in the potential

isolation of the adjoining site to the west (no. 1 Milton Street, Lidcombe) which could

prevent the site from being developed to its full potential.

In response to Council’s concerns, diagrams were submitted showing floor plans for 1

Milton Street. By using the principles set out in Melissa Grech vs Auburn Council (2004)

the applicant demonstrated that the site is capable of accommodating an efficiently

designed 5 storey residential flat building, albeit it with reduced side setbacks to those

required by the ADG, however, window treatment would ensure privacy between buildings.

Further, the adjoining site to the east, No. 3 Milton Street, is currently occupied by a two

storey attached dual occupancy. The configuration of the site at a right angle to No.1

Milton Street offers an additional, although constrained opportunity for amalgamation and

redevelopment

The applicant has also provided evidence of attempts to purchase No. 1 Milton Street

producing copies of letters dated 4 & 18 August 2014. In addition, and at Council’s

request, three (3) market valuations were prepared by Lidcombe based real estate agents

in January 2016, and a monetary offer made in writing to the owner on 30 January 2016.

A response from the owner was not received.

Potential Site Diagrams – No. 1 Milton Street





Planner’s Comment: It is noted that satisfactory effort has been made (and demonstrated)

to obtain the property known as No. 1 Milton Street, Lidcombe. This includes the

preparation of three (3) valuations from separate real estate agents and a higher monetary

offer made to the land owner with no response. Although the retention of an undersized

lot is not desirable it is acceptable in the circumstances given the applicant has

satisfactorily addressed the principles of Melissa Grech vs Auburn Council (2004).

b) Parking and Loading

The relevant requirements and objectives of the Parking and Loading chapter of the ADCP

2010 have been considered in the assessment of the development application.

The proposed development provides the required no. of car parking spaces as detailed

below:

Parking rate No. of units No. of spaces

required

No. of spaces

proposed

1 space/1 bedroom

dwelling

2 2

23 1 space/2 bedroom

dwelling

16 16

2 spaces/3 bedroom

dwelling

2 4

0.2 visitor spaces/dwelling 20 4 4

Total 26 27

Further, Council’s Development Engineer has reviewed the documents provided and

determined that the car park numbers and layout of the car park facility is appropriate and

suitable for the development.

However, given the proximity of the development to Lidcombe Station, the Apartment

Design Guide incorporates a provision stating that for development in the following

locations:

on sites that are within 800 metres of a railway station or light rail stop in the Sydney

Metropolitan Area;

The minimum car parking requirement for residents and visitors is set out in the Guide to

Traffic Generating Developments, or the car parking requirement prescribed by the

relevant council, whichever is less.

In this regard, the Guide to Traffic Generating Developments is the prevailing document to

determine car parking numbers as the site is within 630m (walking distance) to Lidcombe

Railway Station. In accordance with the Guide to Traffic Generating Developments the

following recommended minimum number of off-street resident parking spaces is as

follows:



Metropolitan Regional (CBD) Centres:

Parking rate No. of units Min no. of

spaces

required

No. of spaces

proposed

0.4 spaces/1 bedroom unit 2 (0.8) 1

23 0.7 spaces/2 bedroom unit 16 (11.2) 12

1.2 spaces/3 bedroom unit 2 (2.4) 3

1 visitor space/ 7 units 20 (2.9) 3 4

Total 19 27

As demonstrated in the above tables the development provides a sufficient number of car

parking spaces to satisfy the requirements of the ADG and ADCP 2010.

c) Stormwater Drainage

The relevant requirements and objectives of the Stormwater Drainage section of the ADCP

2010 have been considered in the assessment of the development application. Council’s

Development Engineer has raised no objections subject to the imposition of conditions.

d) Access and Mobility

The relevant requirements and objectives of the Access and Mobility part of the ADCP

2010 have been considered in the assessment of the development application. . A

satisfactory number of adaptable apartments have been provided within the development.

There are a number of disability access provisions incorporated into the development

which include:-

Lifts connecting all floors of the development with the basement;

Direct access from the pedestrian footpath to the building entry; and

Appropriate car spaces.

e) Waste

The relevant requirements and objectives of the Waste section of the ADCP 2010 have

been considered in the assessment of the development application. .A satisfactory waste

management plan has been submitted for the construction phase and on-going occupation

of the development. Should the application be approved, a condition of consent will be

imposed requiring compliance with the submitted waste management plan.

f) Tree Preservation

The relevant requirements and objectives of the Tree Preservation section of the ADCP

2010 have been considered in the assessment of the development application and

detailed in the report. The applicant is proposing to relocate two (2) 10m tall palm trees

from the north-eastern corner of 8 Clarence Street to the rear communal open space area.

There are no significant trees on the site proposed for removal.



79C(1)(a)(iiia) - any planning agreement that has been entered into under section 93F,

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

93F, and


Application.



EP& A Regulations 2000.



There is no Coastal Zone Management Plan applicable for the Auburn area.


It is considered that the proposed development will have no significant adverse

environmental, social or economic impacts in the locality.


The subject site and locality is not known to be affected by any natural hazards or other

site constraints likely to have a significant adverse impact on the proposed development.

Accordingly, the site can be said to be suitable to accommodate the proposal. The

proposed development has been assessed in regard it its environmental consequences

and having regard to this assessment, it is considered that the development is suitable in

the context of the site and surrounding locality.



In accordance with Council’s Notification of Development Proposals Development Control

Plan, the proposal was publicly exhibited for a period of 14 days between 1 September

2015 and 15 September 2015. The notification generated two (2) submissions, including

a petition containing 23 signatures, in respect of the proposal with none disclosing a

political donation or gift. The issues raised in the public submissions are summarised and

commented on as follows:

The proposed six (6) storey building is incompatible with the existing four (4) storey

buildings in the area especially as it will be located at the main entrance to Clarence

Street.

Comment: The existing 4 storey residential flat buildings in Clarence Street are of an

architectural style typical of the 1990’s. The proposed development, at 5-6 storeys,

complies with Council’s current planning controls under ALEP 2010 and the area



surrounding Clarence Street will, in time, be redeveloped with buildings of the same scale.

It should be noted that Council’s planning controls include higher FSR and height for corner

allotments throughout higher density zones so as to enable an emphasis to the corner

treatment of buildings. The development responds to the controls in this regard

A six (6) storey building will be the highest in this location and will bock all natural light

which will impact on surrounding residents.

The non-compliant site area, building height, building envelope, open space and site

coverage, as well as achieving the maximum floor space, results in an

overdevelopment of the site and significant amenity impacts upon neighbours and

local residents from overshadowing.

Comment: The overshadowing caused by the building has been discussed in detail in the

ADG compliance table. Overshadowing of surrounding properties is at its greatest at 9am

in mid-winter extending over portions of two properties to the south (No.s 12 and 14-16

Clarence Street), one property to the west (No.1 Milton Street) and three properties to the

south-west (No.s 27-29, 31 and 33-37 Livingstone Street). By midday, however,

overshadowing is confined to No. 12 Clarence Street and a small area of No. 14-16

Clarence Street. The development performs satisfactorily having regard to solar access

requirements and the non-compliances with the maximum building height associated with

the lift overrun, foyer and stairs are only apparent at 9am in mid-winter.

The 22% non-compliance with the SEPP 65/ADG maximum apartment depth control

of 18m is further evidence that the proposed building is oversized and excessively

bulky.

Comment: The corner location of the site has resulted in a square shaped floor plan,

however, all units are 15m in depth or less and comply with the depth and cross-ventilation

requirements of the ADG.

The site area of 929sqm is below the minimum 1,000sqm site area required for

residential flat building development and should be amalgamated with No. 1 Milton

Street. The proposed development cannot be considered by Council given that it does

not meet the minimum site area requirement and will also result in isolation of No. 1

Milton Street.

The inadequate site area results in overdevelopment and numerous non-compliances

with Council’s core DCP objectives and controls (height, building envelope, open

space, site coverage, resulting in significant amenity impacts on neighbours and local

residents such as loss of privacy and overshadowing.

Comment: The minimum site area for residential flat building development is a

development control under the Residential Flat Buildings part of Council’s Auburn

Development Control Plan 2010. As discussed in the report attempts were made by the

developer to purchase no. 1 Milton Street and the evidence provided satisfies the planning

principles of the relevant Land and Environment Court case. Further, s79C(3A)(b) of the

Environmental Planning & Assessment Act, 1979, requires the consent authority to be

flexible in applying the provisions of a development control plan where a development does

not comply with a certain standard and allows reasonable alternative solutions that

achieve the objectives of the particular standard. As discussed throughout the report the



development performs satisfactorily having regard to requirements of the DCP and the

performance criteria relating to site area insofar as the site is of sufficient size to

accommodate residential flat development and provide adequate open space and car

parking consistent with the DCP requirements.

The communal open space does not comply with SEPP 65/ADG requirements in terms

of its size and its rooftop location (due to privacy/amenity impacts) is further evidence

the proposed building is oversized, excessively bulky and is a gross overdevelopment

of the site. Communal open space should be located at ground level to achieve the

intent to allow for adequate open space and hence, adequate setbacks, compliant

site coverage, building envelope etc.

Comment: The application has been amended since the time of the original exhibition

period to provide better connection between the building and the landscaped setback on

the southern side of the building to provide an alternative communal open space area.

The rooftop area and the at-grade communal open space have a combined area of

326sqm which exceeds the minimum ADG requirement by 10%. The ADG also recognises

that in certain circumstances, such as on small lots, the provision of communal open space

can be met elsewhere such as a landscaped roof top terrace, larger balconies or increased

private open space for apartments and demonstrate proximity to public open space. The

proposed development provides communal open space at ground level and on the roof

top, balconies exceed the minimum size requirements, and the site is directly opposite two

small reserves.

The application should be referred to the Police for a formal assessment of the

safety/crime risks given the common security, safety and amenity issues associated

with this type of development.

Comment: As discussed previously, the application was referred to the NSW Police for

comment who raised no objection to the proposal and included recommendations which

are to be incorporated as conditions of consent.

It appears that all possible development options, including more sustainable,

reasonable and less impactful options, have not been considered, e.g. fully

submerging the basement to lower overall height, reduction in floor space and building

envelope/bulk etc.

Comment: The proposal was the subject of a Pre-DA application and proposed two levels

of basement car parking and the sixth storey of the building running in a north-south

direction (as opposed to the east-west direction as currently proposed) with the step down

to the 5th storey located on the western side of the building (as opposed to the southern

side of the building as currently proposed). Council advised the applicant that the full

basement could not be supported due to the flooding constraints of the site and the

distribution of the building height and FSR would be required to comply with ALEP 2010.

As discussed in the AEP 2010 compliance table, minor variations are sought to the

maximum permissible FSR and building height, however, these variations are considered

to have merit as the overall allowable intensity of development is not being exceeded and

the height breach associated with the lift overrun and foyer/staircase do not result in

unacceptable overshadowing of surrounding properties. It should also be noted that the

building as proposed results in less overshadowing of adjoining properties than that

proposed in the pre-lodgement application.



The development will result in the loss of privacy to the neighbours to the west and

south of the site. In addition to non-compliance with the objectives and controls of

Councils DCP, the application is also contrary to the NSW Land and Environment

Court’s planning principles for protection of visual privacy which were established by

Senior Commissioner Dr John Roseth in Meriton v Sydney City Council [2004] NSWLEC

313, including the freedom of one dwelling and its private open space from being

overlooked by another dwelling and its private open space with such matters to be

taken into consideration as density, separation, use and design.

The development is a combination of poor design and overdevelopment of the site,

and will adversely impact the neighbour’s visual and acoustic privacy. The communal

open space proposed at roof top level will result in excessive overlooking opportunities

as well as activities that will cause significant amenity impacts from loud noise and

loss of privacy.

Comment: The application has been amended since the time of the original exhibition

period to include screen planting around the perimeter of the roof top open space and

better connection between the building and the landscaped setback on the southern side

of the building to provide an alternative communal open space area. Each unit has been

designed with balconies which exceed the minimum requirements of the ADG and which

receive the required solar access. Whilst the rooftop communal open space area provides

an alternative space for residents, use of communal spaces will be intermittent and a

condition of consent is to be imposed with the respect to compliance with relevant noise

requirements.

The development has also been designed with minimal windows to kitchens and highlight

windows to bathrooms in the southern and western elevations where the setback to these

boundaries is 4.5m. Further, a condition of consent is to be imposed requiring opaque

glazing to kitchen windows in these elevations. Where bedroom windows are provided the

setbacks have been increased to over 10m from these boundaries. It is considered that

appropriate measures have been taken to ensure that there is no loss of privacy to

adjoining and surrounding residents.

An increase in the number of units will exacerbate existing traffic and parking

problems in Clarence Street and the surrounding road network.

Comment: Clarence Street is a relatively short street with a cul-de-sac end providing

vehicular entry to a large complex of 4 storey residential flat buildings. The proposed

development does not exceed the intensity of development permitted under ALEP 2010

and therefore, will not add any additional traffic to the street than anticipated by the

planning controls. Further, adequate parking is to be provided on site to meet the

requirements of ADCP 2010 and exceeds the minimum requirements of the ADG. It should

also be noted that extensive parking is available in Railway Parade adjoining the railway

line.

An increase in the number of cars and garbage bins placed out on collection day will

exacerbate the issue of there being insufficient space for garbage collection.

Comment: As discussed in the ADCP – Parking and Loading section of this report the

proposal provides parking to meet Council’s requirements and exceeds the minimum



requirements of the ADG. Further, the proposed development will accommodate on-site

garbage collection therefore there will be no impact on existing parking and on-street

collection in the vicinity of the site.

The submitted Waste Management Plan does not adequately address the potential

presence of asbestos in the existing dwelling.

Comment: Conditions of consent are recommended to be imposed with respect to the

appropriate handling of asbestos during building demolition. Further, the remediation

action plan submitted with the application includes details regarding asbestos control

and management and a condition of consent is recommended to be imposed requiring

compliance with the remediation action plan.

The proposal is not in the public interest, being the local residents impacted by this

illegal/non-complying development pursuant to section 79C(1)(c)(e) of the

Environmental Planning & Assessment Act, 1979.

Comment: Refer below.




reasonable amenity expectations of surrounding land users. In view of the foregoing

analysis it is considered that the development, if carried out subject to the conditions set

out in the recommendation below, will have no significant adverse impacts on the public

interest.




‘(1) If a consent authority is satisfied that development for which development

consent is sought will or is likely to require the provision of or increase the

demand for public amenities and public services within the area, the

consent authority may grant the development consent subject to a




(2) A condition referred to in subsection (1) may be imposed only to require

a reasonable dedication or contribution for the provision, extension or


Comments:

The development would require the payment of contributions in accordance with Council

Section 94 Contributions Plans. It is recommended that conditions be imposed on any

consent requiring the payment of these contributions prior to the issue of any construction

certificate for the development.



The calculation is based on 2x 1 bedroom, 16 x 2 bed and 2 x 3 bed dwellings. As at 29

June 2016 the fee payable is $100,267.25. This figure is subject to indexation as per the

relevant plan.













and Gifts.

Conclusion

The development application has been assessed in accordance with the relevant

requirements of the Environmental Planning and Assessment Act 1979, Auburn Local

Environmental Plan 2010 and the Auburn Development Control Plan 2010 and is

considered to be satisfactory for approval subject to conditions.

The proposed development is appropriately located within the R4 High Density Residential

zone under the provisions of the Auburn Local Environmental Plan 2010, however

variations in relation to the height of buildings and floor space ratio are proposed.

Having regard to the assessment of the proposal from a merit perspective, Council may be

satisfied that the development has been responsibly designed and provides for acceptable

levels of amenity for future residents. It is considered that the proposal successfully

minimises adverse impacts on the amenity of neighbouring properties. Hence the

development, irrespective of the departures noted above, is consistent with the intentions

of Council’s planning controls and represents a form of development contemplated by the

relevant statutory and non-statutory controls applying to the land.

For these reasons, it is considered that the proposal is satisfactory having regard to the

matters of consideration under Section 79C of the Environmental Planning and

Assessment Act, 1979, and the development may be approved subject to conditions.




That Development Application No. DA-276/2015 for Demolition of existing structures &

construction of a part 5/part 6 storey residential flat building containing 2 x 1 bedroom,

16 x 2 bedroom and 2 x 3 bedroom units over 2 levels of semi-basement & basement car

parking, landscaping, provision of site services and strata subdivision on land at 8-10

Clarence Street, Lidcombe be approved subject to the attached conditions.

ATTACHMENT (following this Report)

1. Draft Conditions of Consent - P029732/2016

ATTACHMENTS (to be circulated to CIHAP members only under separate cover))

2. Architectural Plans/Landscape Plans –T0707432/2016

3. Shadow Diagrams - T070433/2016

4. Clause 4.6 Variations – Floor Space Ratio and Building Height – T070488/2016

5. 2 x Submissions Received –T070489/2016

C011/16 Cumberland Council ATTACHMENT 1


DRAFT CONDITIONS OF DEVELOPMENT CONSENT

DA No: DA-276/2015

Property: 8 - 10 Clarence Street, LIDCOMBE

Description: Demolition of existing structures & construction of a part 5/part 6 storey

residential flat building containing 2 x 1 bedroom, 16 x 2 bedroom and

2 x 3 bedroom units over 2 levels of semi-basement & basement car

parking, landscaping, provision of site services and strata subdivision

1. Approved Plans

The development is to be carried out in accordance with the approved stamped plans

as numbered below:

Plan Number Prepared By Revision No. Dated

A 1.00

Basement Plan

MOMA

Architecture

C 07.03.2016

A 1.01

Basement 1 Plan

MOMA

Architecture

C 07.03.2016

A 1.02

Ground Floor Plan

MOMA

Architecture

C 07.03.2016

A 1.03

Level 1 Plan

MOMA

Architecture

C 07.03.2016

A 1.04

Level 2 Plan

MOMA

Architecture

C 07.03.2016

A 1.05

Level 2 Plan

MOMA

Architecture

C 07.03.2016

A 1.06

Level 3 Plan

MOMA

Architecture

C 07.03.2016

A 1.20

Level 5 Plan

MOMA

Architecture

C 07.03.2016

A 1.30

Roof Plan

MOMA

Architecture

C 07.03.2016

A 2.00

East Elevation (CLARENCE

ST)

MOMA

Architecture

C 07.03.2016

A 2.01

North Elevation (MILTON ST)

MOMA

Architecture

C 07.03.2016

A 2.02

West Elevation

MOMA

Architecture

C 07.03.2016

A 2.03

South Elevation

MOMA

Architecture

C 07.03.2016

A 3.00

Section 1

(East-West)

MOMA

Architecture

C 07.03.2016



A 3.01

Section 2

(North-South)

MOMA

Architecture

C 07.03.2016

A 3.02

Section 3

(North-South)

MOMA

Architecture

C 07.03.2016

A 4.00

Schedule of Materials &

Finishes

MOMA

Architecture

C 07.03.2016

BASIX Certificate Number

Outsource

Ideas P/l

_ 03 August 2015

CC0.01

General Notes

Abc

Consultants

B 21.01.16

CC01.01

Sediment Control Plan

Abc

Consultants

B 21.01.16

C02.01

Basement 2 Drainage Plan

Abc

Consultants

C 21.01.16

C04.01

Ground Stormwater

Concept Plan

Abc

Consultants

E 21.01.16

C04.11

Stormwater OSD Tank

Details

Abc

Consultants

C 21.01.16

C03.01

Basement 1 Drainage Plan

Abc

Consultants

C 21.01.16

Report on the Project’s

Flood and Floodplain

Development Matters

Bewsher

Consulting Pty

Ltd

_ 23 July 2015

L01

Landscape Concept Plan

HLS Pty

Limited

P4 May 2015

L02

Landscape Planting Plan

HLS Pty

Limited

P1 May 2015

DA Acoustic Assessment

Report No.

20150520.1/1105A/R0/JL

Acoustic Logic 0 11/05/2015

Remediation Action Plan

Document No. ES6236/2

Aargus Pty Ltd 0 28/05/2015

Acid Sulphate Soils

Management Plan

Aargus Pty Ltd 0 10 February 2016

except as otherwise provided by the conditions of this determination (Note:-

modifications to the approved plans will require the lodgement and consideration by

Council of a modification pursuant to Section 96 of the Environmental Planning and

Assessment Act).

Reason:- to confirm and clarify the terms of Council’s approval.

2. Time period of consent



This consent shall lapse five (5) years from the date of determination unless the

approved building, engineering or construction work has been physically commenced

in accordance with this consent.

Development consent for the use of land does not lapse if the approved use of any

land, building or work is actually commenced prior to the date on which the consent

would otherwise lapse.

Reason:- to satisfy the requirements of Section 95 of the Environmental Planning and

Assessment Act.

3. Auburn DCP 2007: Section 94 Development Contributions

Development Contributions are payable in accordance with Auburn Council Council’s

Section 94 Development Contribution Plan 2007, which has been prepared under

Section 94 of the Environmental Planning and Assessment Act 1979, as amended.

The amounts payable will be adjusted in accordance with the section titled Review of

Contribution rates and are generally indexed on a quarterly basis by the Consumer

Price Index CPI (all Groups Sydney) unless otherwise stated in the plan.

Contributions will be adjusted at the payment date in accordance with the plan and

payment is to be made prior to the issue of any Construction Certificate.

Council’s Development Contribution Plan 2007 is available for inspection at Council’s

Customer Services Centre, Civic Place, 1 Susan Street, Auburn or on line at

www.auburn.nsw.gov.au.

Reason: To ensure that the development complies with the Auburn DCP 2007: Section

94 Development Contributions.

4. Auburn DCP 2007 - LGA Wide

A sum of $100,267.25 is to be paid to Council for the purpose of LGA Wide plans being

the provision of open space and recreation facilities, community facilities, accessibility

and traffic works, town centre upgrades, car parking and Council's administration of

the development contributions framework.

The above sum is broken down to the following items:

Item Amount

Community Facilities $24,726.46

Public Domain $54,687.21

Accessibility and Traffic $15,073.75

Administration $5,779.83

TOTAL $100,267.25



Reason: to provide open space and recreation facilities, community facilities,

accessibility and traffic works, town centre upgrades, car parking and Council's

administration of the development contributions framework.

5. BASIX Requirements

Under Clause 97A(3) of the Environmental Planning & Assessment Regulation 2000,

it is a condition of this development consent that all the commitments listed in each

relevant BASIX Certificate for the development are fulfilled. In this condition:-

a) Relevant BASIX Certification means:-

i) A BASIX Certificate that was applicable to the development when this

development consent was granted (or, if the development consent is

modified under Section 96 of the Act, a BASIX Certificate that is applicable

to the development when this development consent is modified) or;

ii) If a replacement BASIX Certificate accompanies any subsequent

application for a construction certificate, the replacement BASIX

Certificate; and

b) BASIX Certificate has the meaning given to that term in the Environmental

Planning & Assessment Regulation 2000.

Reason:- To comply with the Environmental Planning and Assessment Regulations.

6. Disabled Access & Facilities

Access and facilities for people with disabilities must be provided in accordance with

the relevant requirements of the Building Code of Australia (for all new building work)

and in addition, with the relevant requirements of the ‘Disability (Access to Premises

– Building) Standards 2010’ (including for existing buildings, whether or not any works

are proposed). Details of the proposed access, facilities and car parking for people

with disabilities are to be included in the plans/specifications for the construction

certificate.

Reason: to ensure compliance with the requirements of the Building Code of Australia

7. Commonwealth Disability Discrimination Act

The Commonwealth Disability Discrimination Act 1992 commenced the ‘Disability

(Access for Premises – Buildings) Standards 2010’ on 1 May 2011 and now applies

to all new buildings and affected parts of existing buildings. Submission and/or

approval of this application does not imply or confer compliance with either the Act or

the new Access Standard. Applicants should satisfy themselves and make their own

inquiries to the Human Rights and Equal Opportunity Commission.

Reason: to provide advice on the requirements of the Commonwealth Disability

Discrimination Act 1992



8. Disabled access – communal open space

Disabled access shall be provided directly from the ground floor lift lobby to the at-

grade communal open space area on the southern side of the site. An area of

hardstand and seating shall be provided adjacent to the disabled access.

Details demonstrating compliance shall be submitted to the Manager – Development

Assessment, Cumberland Council – Auburn Branch for approval prior to issue of the

Construction Certificate.

Reason:- To ensure equitable access is provided to communal areas for the use of

residents and visitors in accordance with Auburn Development Control Plan 2010.

9. Balcony balustrades

All balcony balustrades shall contain opaque glazing. Details demonstrating

compliance shall be submitted to the Principal Certifying Authority for approval prior

to issue of the Construction Certificate.

Reason:- to comply with the requirements of the Apartment Design Guide and ADCP

2010 – Residential Flat Buildings.

10. Opaque glazing – kitchen windows

The hopper-style kitchen windows in the southern and western elevations shall contain

obscure glazing to a minimum height of 1.6m as measured from the finished floor

level.

Details demonstrating compliance shall be submitted to the Principal Certifying

Authority for approval prior to issue of the Construction Certificate.

Reason:- to protect the privacy of adjoining properties.

11. Universal Design Features – Apartment Design

A minimum of 20% of the total number of apartments shall incorporate the Liveable

Housing Guideline's silver level universal design features. Details demonstrating

compliance shall be submitted to the Principal Certifying Authority for approval prior

to the issue of the relevant Construction Certificate.

Reason:- to ensure suitably designed units form part of the development in

accordance with the Apartment Design Guide under State Environmental Planning

Policy No 65 - Design Quality of Residential Apartment Development.

12. Submission of Construction Certificate

Construction works are not to commence until such time that a construction certificate

for the proposed works has been issued by Council or an Accredited Certifier.



Where an Accredited Certifier issues a construction certificate, a copy of the following

documents must be forwarded to Council within 2 days of issue, together with payment

of the Council’s adopted registration fee: determination; application to which it relates;

construction certificate issued; plans and specifications; any fire safety schedule; and

any other documents lodged with the certificate.

Any modification involving building works to the approved development made under

Section 96 of the Environmental Planning and Assessment Act 1979 requires the

submission of an amended construction certificate.

Reason:- to comply with the requirements of Section 81A of the Environmental

Planning and Assessment Act and clause 142 of the Environmental Planning and

Assessment Regulation 2000.

13. No alteration without prior Council approval

The completed building is not to be altered externally in character or colour without

the prior consent of Council.

Reason:- to ensure the external appearance of the development is not obtrusive or

offensive and does not degrade the visual quality of the surrounding area.

14. Appointment of Principal Certifying Authority/Notice of Commencement of Work

Site works are not to commence until:-

a) a construction certificate for the building work has been issued by the consent

authority, and

b) the person having the benefit of the development consent has:-

i) appointed a principal certifying authority for the building work, and

ii) notified the principal certifying authority that the person will carry out the

building work as an owner-builder, if that is the case, and

b1) the principal certifying authority has, no later than 2 days before the building

work commences:-

i) notified the consent authority and the council (if the council is not the

consent authority) of his or her appointment, and

ii) notified the person having the benefit of the development consent of any

critical stage inspections and other inspections that are to be carried out

in respect of the building work, and

b2) the person having the benefit of the development consent, if not carrying out the

work as an owner-builder, has:-

i) appointed a principal contractor for the building work who must be the

holder of a contractor licence if any residential building work is involved,

and



ii) notified the principal certifying authority of any such appointment, and

iii) unless that person is the principal contractor, notified the principal

contractor of any critical stage inspections and other inspections that are

to be carried out in respect of the building work, and

c) the person having the benefit of the development consent has given at least 2

days’ notice to the council of the person’s intention to commence the erection

of the building.

Reason:- to comply with the requirements of Section 81A of the Environmental

Planning and Assessment Act

15. Principal Certifying Authority

1) The person having the benefit of a development consent or complying

development certificate for development involving building work or subdivision

work may appoint the consent authority, the council or an accredited certifier as

the principal certifying authority for the development.

1A) Despite subsection (1), such an appointment may not be made by any contractor

or other person who will carry out the building work or subdivision work unless

the contractor or other person is the owner of the land on which the work is to

be carried out.

2) Despite subsection (1), an accredited certifier must not be appointed as the

principal certifying authority for development involving subdivision work unless

the subdivision to which the work relates is of a kind identified by an

environmental planning instrument as one in respect of which an accredited

certifier may be a certifying authority.

3) A principal certifying authority for building work or subdivision work to be carried

out on a site is required to be satisfied:-

a) that a construction certificate or complying development certificate has

been issued for such of the building work or subdivision work as requires

development consent and over which the principal certifying authority has

control, before the work commences on the site, and

b) that the principal contractor for the work is the holder of the appropriate

licence and is covered by the appropriate insurance, in each case if

required by the Home Building Act 1989, before any residential building

work over which the principal certifying authority has control commences

on the site, unless the work is to be carried out by an owner-builder, and

c) that the owner-builder is the holder of any owner-builder permit required

under the Home Building Act 1989, before an owner-builder commences

on the site any residential building work over which the principal certifying

authority has control, and

d) that building work or subdivision work on the site has been inspected by

the principal certifying authority or another certifying authority on such

occasions (if any) as are prescribed by the regulations and on such other

occasions as may be required by the principal certifying authority, before



the principal certifying authority issues an occupation certificate or

subdivision certificate for the building or work, and

e) that any preconditions required by a development consent or complying

development certificate to be met for the work before the issue of an

occupation certificate or subdivision certificate have been met, before the

principal certifying authority issues the occupation certificate or

subdivision certificate.

4) A principal certifying authority must also comply with such other requirements of

a like or different nature as may be imposed on principal certifying authorities by

the regulations.

Note. Section 81A prohibits the commencement of building work or subdivision work

unless the consent authority has been notified of the appointment of a principal

certifying authority for the work. Section 109D (2) prohibits the issue of an occupation

certificate authorising the occupation and use of a new building except by the principal

certifying authority appointed for the erection of the building. Section 109D (3)

prohibits the issue of a subdivision certificate for a subdivision involving subdivision

work except by the principal certifying authority appointed for the carrying out of the

subdivision.

Reason:- to comply with the requirements of Section 109E of the Environmental

Planning and Assessment Act.

16. Compliance with the Building Code of Australia

All building work must be carried out in accordance with the requirements of the

Building Code of Australia.

Reason:- to ensure compliance with the requirements of the Building Code of Australia

and to comply with Clause 98 of the Environmental Planning and Assessment

Regulation 2000.

17. Insurance requirements under the Home Building Act 1989

A contract of insurance for residential building work must be in force before any

building works commence, where the works are being undertaken by a builder and

tradesperson and the works have a market value of greater than $20,000 (or as varied

from time to time by the Home Building Act 1989).

Where the contract price or the reasonable market cost of the labour and materials

involved does not exceed $20,000, there is no legal requirement for home warranty

insurance to be obtained.

Contractors who carry out residential building work must still hold an appropriate

licence with Fair Trading where the labour and materials involved are valued at over

$1,000.

Home owners should be wary of any builder or tradesperson who says they do not

need insurance if the value of work exceeds $20,000, or who suggests you obtain an

owner-builder permit while they carry out the work for you.



NOTE: Evidence of the contract of insurance or owner builder permit, if required, must

be submitted with the application for construction certificate. The construction

certificate will not be released by Council unless this evidence is provided.

Reason:- to comply with Clause 98 of the Environmental Planning and Assessment

Regulation 2000.

18. Replacement of Principal Certifying Authorities

Unless the relevant authority so approves in writing, a person may not be appointed to

replace another person as the principal certifying authority for development.

A principal certifying authority appointed to replace another principal certifying

authority must ensure that notice of the appointment and of the approval of that

appointment is given to the consent authority (and, if the consent authority is not the

council, to the council) within 2 days of the appointment.

Reason:- to comply with the requirements of Section 109EA of the Environmental

Planning and Assessment Act and clause 162 of the Environmental Planning and

Assessment Regulation.

19. Notice to Allow Inspections

To allow a principal certifying authority or another certifying authority time to carry out

critical stage inspections or any other inspections required by the principal certifying

authority, the principal contractor for a building site, or the owner-builder, must notify

the principal certifying authority at least 48 hours before building work is commenced

at the site if a critical stage inspection is required before the commencement of the

work.

Reason:- to comply with the requirements of Clause 163 of the Environmental

Planning and Assessment Regulation.

20. Erection of Signs

A rigid and durable sign must be erected in a prominent position on any site on which

building work, subdivision work or demolition work is being carried out:-

a) showing the name, address and telephone number of the principal certifying

authority for the work, and

b) showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working

hours, and

c) stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or

demolition work is being carried out, but must be removed when the work has been

completed.



Note: Principal certifying authorities and principal contractors must also ensure that

signs required by this clause are erected and maintained (see clause 227A which

currently imposes a maximum penalty of $1,100.

Reason:- to comply with the requirements of Clause 98A and 136B of the

Environmental Planning and Assessment Regulations.

21. Traffic Management

A traffic management plan shall be submitted to and approved by Council for all

demolition, excavation and construction activities associated with the development

prior to the commencement of work.

Reason:- to minimise the impact on street traffic.

22. Construction/Demolition Hours

Site works, building works and demolition works, including the delivery of materials or

equipment to and from the property are to be carried out between the hours of 7.00

am and 6.00 p.m. only from Mondays to Fridays and between 8.00 am and 4.00 p.m.

only on Saturdays. No construction works or deliveries for the construction are to take

place on Sundays or public holidays.

Prior to commencement of any demolition or construction work the applicant is to

erect signs on the site, which are clearly visible from the footpaths adjoining the site

boundaries, which state the permitted construction/demolition hours. These signs

must also state “Any instances of site works, building works, demolition works or

deliveries outside the permitted hours can be reported to Auburn Council on 9735-

1222 during office hours or 0417-287-113 outside office hours”.

Reason:- to reduce nuisance to the surrounding properties during the construction

period.

23. Demolition of buildings

The building/s shall only be demolished in accordance with the requirements of AS

2601-2001 "The Demolition of Structures".

Amongst others, precautions to be taken shall include compliance with the

requirements of the WorkCover Authority of New South Wales, including but not limited

to:-

a) Protection of site workers and the general public.

b) Erection of hoardings where appropriate.

c) Asbestos handling and disposal where applicable.

d) Any disused service connections shall be capped off to Council's requirements.

e) The disposal of refuse is to be to an approved waste disposal depot.



Reason:- to ensure protection of the public, environment and to uphold public health

standards. This also complies with the requirements of clause 92 of the

Environmental Planning and Assessment Regulation 2000.

24. Demolition - Lead Management Work Plan

A Lead Management Work Plan shall be prepared in accordance with AS2601-2001

Demolition of Structures by a person with suitable expertise and experience and

submitted to the PCA or Council for approval prior to the issuing of the Construction

Certificate. The Lead Management Work Plan shall outline the identification of any

hazardous materials, including surfaces coated with lead paint, method of demolition,

the precautions to be employed to minimise any dust nuisance and the disposal

methods for hazardous materials. The Lead Management Work Plan shall be

prepared in accordance with:-

a) AS 4361:1998 Guide to lead paint management;

b) Australian Standard AS 2601: 2001 Demolition of Structures;

c) Lead Safe A renovator’s guide to the dangers of lead, NSW EPA, 1998 (booklet)

Reason:- to ensure suitable procedures are employed to manage demolition activities

involving lead paint.

25. Demolition – Lead Paint Disposal

The demolition and disposal of materials incorporating lead such as lead paint and

dustpaint shall be conducted in accordance with AS2601-2001 Demolition of

Structures. Removal, cleaning and disposal of lead-based paint shall conform with

relevant EPA guidelines including the Lead Safe A renovator’s guide to the dangers of

lead, NSW EPA, 1998. Hazardous dust shall not be allowed to escape from the site.

Any existing accumulations of dust (eg; ceiling voids and wall cavities) shall be

removed by the use of an industrial vacuum fitted with a high efficiency particulate air

(HEPA) filter. All dusty surfaces and dust created from work shall be suppressed by a

fine water spray. Water shall not be allowed to enter the street and stormwater

systems. Demolition shall not be performed during high winds, which may cause dust

to spread beyond the site boundaries. Please note that Council may require testing to

verify that the soil lead levels are below acceptable health criteria.

Reason:- to ensure the disposal and demolition of materials incorporating lead is

carried out in a safe manner in accordance with relevant regulations.

26. Demolition – common sewerage system

If the land to which the application relates is served by a common sewerage system

that is also used by others, then measures must be placed in effect and prior to the

commencement of work to ensure the operation of the sewerage system is without

disruption to other joint users.

Reason:- to ensure demolition activities do not disrupt the operation of the sewerage

system for other users of the system.



27. Demolisher Details

The demolisher/owner/applicant shall:-

a) Lodge with Council, and at least forty-eight (48) hours prior to the

commencement of work (due to the potential impact on Council’s

infrastructure):-

i) Written notice, indicating the date when demolition of the building is to

commence.

Ii) The demolisher’s full name and address.

iii) Details of Public Liability Insurance.

b) Comply with Australian Standard 2601 – 2001 "Demolition of Structures"; and,

c) Have a current public liability/risk insurance, and policy details of such shall be

submitted to Council for its records.

d) Ensure that all possible/practicable steps are taken to prevent nuisance to the

inhabitants of the surrounding neighbourhood from wind-blown dust, debris,

noise and the like arising from the demolition works

This Consent shall not preclude the demolisher from giving notice to other statutory

authorities, such as Sydney Water Corporation, WorkCover, etc.

Reason:- to ensure details of the demolisher are provided to Council and relevant

safety requirements are met.

28. Demolition Works – noise and vibration

The following shall be compiled with:-

a) Vibration levels induced by the demolition activities shall not exceed 1mm/sec

peak particle velocity (ppv) when measured at the footing of any occupied

building.

b) Vibration levels induced by the demolition activities shall not exceed 3mmsec

peak particle velocity (ppv) when measured at the footing of any unoccupied

building.

c) The upper noise level from the demolition operations measured over a period of

10 minutes must not exceed the background noise level by more than 10dB(A).

Reason:- to ensure noise and vibration arising from the demolition works does not

impact on the amenity of the surrounding area.

29. Asbestos

a) In the event that asbestos is on a site or building under demolition or

construction, WorkCover NSW is to be contacted to ascertain the appropriate

response, to ensure the safety and protection of existing and future workers and

residents. An Asbestos Removal Contractor licensed by WorkCover NSW is to



handle/remove/transport and dispose of any products containing asbestos in a

manner approved of by the Department of Environment and Conservation (DEC).

Copies of tipping dockets are to be retained and able for viewing by Council

officers on request.

b) Asbestos material can only be disposed of at a landfill site nominated by Waste

Services NSW for that purpose. An appointment must be made with Waste

Services NSW to dispose of asbestos materials at the nominated landfill.

c) Anyone who removes, repairs or disturbs bonded or a friable asbestos material

must hold a current removal licence from Workcover NSW. Before starting work,

a work site-specific permit approving each asbestos project must be obtained

from Workcover NSW. A permit will not be granted without a current Workcover

licence. All removal, repair or disturbance of or to asbestos material must comply

with:-

i) Work Health and Safety Act 2011;

ii) The Work Health and Safety Regulation 2011;

iii) Protection of the Environment Operations Act 1997

iv) Environmental Guidelines: Assessment, Classification and Management of

Liquid and Non-Liquid Wastes, NSW EPA, May 1999

v) Waste Avoidance and Resource Recovery Act 2001.

vi) The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002

(1998)];

vii) The Guide to the Control of Asbestos Hazards in Buildings and Structures

[NOHSC: 3002 (1998)] http://www.nohsc.gov.au ; and

viii) The Workcover NSW Guidelines for Licensed Asbestos Removal

Contractors.

Note: The Code of Practice and Guide referred to above are known collectively

as the Worksafe Code of Practice and Guidance Notes on Asbestos. They are

specifically referenced in the Occupational Health and Safety Regulation 2001

under Clause 259.

Under the Work Health and Safety Regulation 2011, the Worksafe Code of

Practice and Guidance Notes on Asbestos are the minimum standards for

asbestos removal work.

Council does not control or regulate the Worksafe Code of Practice and Guidance

Notes on Asbestos. You should make yourself aware of the requirements by

visiting <http://www.workcover.nsw.gov.au> or one of Workcover NSW’s offices

for further advice.

d) In order to ensure safe handling of asbestos materials, the re-use or sale of

asbestos building materials is strictly prohibited.

Reason:- to ensure the safe handling, treatment and disposal of asbestos materials

arising from the demolition/construction works.

30. Services to be capped



Prior to the commencement of demolition works, the applicant must ensure that utility

services to the land upon which the building to be demolished stands, as well as the

building itself, are terminated and capped in accordance with the requirements of

supply authority, eg. Electricity-Supplier of Electricity to the subject premises, Gas-

Supplier of Gas to the subject premises.

Reason:- to ensure all services are capped adequately.

31. Site to be kept in a clean condition

Upon completion of demolition works and if no new building works are commenced on

site, the site shall be kept in a clean manner with landscaping and fencing to the

satisfaction of Council.

Reason: to control soil erosion, and not have any unsightly views.

32. Neighbour 24 notification of commencement of demolition

Prior to the commencement of work the applicant shall provide 24 hours notice in

writing to the neighbours adjoining and opposite the site of the intended time and date

of the start of the demolition work.

Reason:- to ensure details of the demolisher are provided to neighbours.

33. Information required prior to the issue of Construction Certificate

The following documentation (where applicable) is to be submitted to Council or the

accredited certifier, prior to the granting of the construction certificate:

a) Detailed building plans and specifications containing sufficient information to

verify that the completed building will comply with the Building Code of Australia.

b) A list of any existing fire safety measures provided in relation to the land or any

existing building on the land (not applicable to dwellings or outbuildings)

c) A list of any proposed fire safety measures provided in relation to the land or any

existing building on the land (not applicable to dwellings or outbuildings)

d) A report prepared by a professional engineer detailing the proposed methods of

excavation, shoring or pile construction, and what measures are to be

implemented to prevent damage from occurring to adjoining or nearby premises

as a result of the proposed excavation works. (NOTE: Any practices or procedures

specified to avoid damage to adjoining or nearby premises are to be incorporated

into the plans and specifications for the construction certificate).

e) Method of protecting window/door openings as required by BCA Part 3.

f) Method of ventilating the basement car park. (Note: If mechanical ventilation is

required, mechanical ventilation plans shall be submitted that also confirm the

minimum height clearances specified by AS 2890.1 – Car parking, will be

achieved).

Reason:- to ensure that adequate information is submitted to enable assessment or

that the development can proceed with the concurrence of others.



34. Infrastructure Fee

The infrastructure inspection fee in accordance with Councils Fees and Charges

Schedule shall be paid prior to the issue of the Construction Certificate.

Reason: to contribute to the cost of inspection and identification of any damage to

Council’s infrastructure as a result of the development.

35. Maintain plans on-site

A copy of the construction certificate, the approved plans & specifications and

development consent conditions must be kept on the site at all times and be available

to the Council officers upon request.

Reason:- to ensure a record of the approved plans are readily available.

36. Items not to be placed on roadway

The following items must not be placed on the footpath, roadway or nature strip at any

time:-

a) Building materials, sand, waste materials or construction equipment;

b) Bulk bins/waste skips/containers; or

c) Other items that may cause a hazard to pedestrians.

Reason:- to ensure the public is not inconvenienced, placed in danger and to prevent

harm to the environment occurring.

37. Sign to be erected concerning unauthorised entry to the site

A sign must be erected in a prominent position stating that unauthorised entry to the

site is not permitted. The sign must also name the builder or other person responsible

for the site and a telephone number at which the builder or other person can be

contacted outside working hours. Where Council is not the Principal Certifying

Authority, the sign shall also display the name and contact details of the nominated

Principal Certifying Authority. The sign is to be removed when the building works have

been completed.

Reason:- to restrict public access to the site and to provide suitable contact details in

a clear and conspicuous position.

38. Toilet accommodation for people working at the site

Suitable toilet accommodation is to be provided at the work site at all times. If

temporary toilet accommodation is proposed, it must:-

Have a hinged door capable of being fastened from both inside and outside,

Be constructed of weatherproof material,

Have a rigid and impervious floor; and



Have a receptacle for, and supply of, deodorising fluid.

Reason:- to ensure suitable toilet accommodation is provided for workers.

39. Survey Report

A Registered Surveyors check survey certificate is to be forwarded to the Principal

Certifying Authority (and a copy is to be forwarded to the Council, if the Council is not

the principal certifying authority), detailing compliance with Council’s approval at the

following stage/s of construction:

a) Prior to construction of the first completed floor/floor slab (prior to pouring of

concrete), showing the area of land, building and boundary setbacks and

verifying that the building is being constructed at the approved levels.

b) On completion of the erection of the building showing the area of the land, the

position of the building and boundary setbacks and verifying that the building

has been constructed at the approved levels.

Reason:- to ensure each stage of the development complies with the approved plans.

40. Fencing of Construction Sites – Rental details to be provided to the PCA

Public access to the site and building works, materials and equipment on the site is to

be restricted, when work is not in progress or the site is unoccupied.

A temporary hoarding or fence is to be provided to protect the public, located to the

perimeter of the site (unless the site is separated from the adjoining land by an existing

structurally adequate fence, having a minimum height of 1.5 metres). Hoardings or

fences are to have a minimum height of 1.8 metres and be constructed of solid

plywood sheeting (painted white) or of cyclone wire fencing with geotextile fabric

attached to the inside of the fence, to provide dust control.

Hoardings or fences are to be structurally adequate and be constructed in a good and

workmanlike manner and the use of poor quality materials or steel reinforcement

mesh as fencing is not permissible.

The public safety provisions and temporary fences must be in place prior to the

commencement of any demolition, excavation or building works and be maintained

throughout construction.

NOTE: Should ANY part of the fence or hoarding encroach beyond the boundaries of

the site, it will be necessary to:-

Make payment to Council for the rental of the road reserve area in accordance

with Council’s adopted charges (per metre per month – minimum 3 months)

BEFORE the fence/hoarding is erected.

Supply evidence that the road reserve rental fee has been paid to the PCA and

to any authorised Council officer.

Comply with Council’s specifications for the erection of Class A or B Hoardings.



Reason:- to provide protection to public places and to prevent unauthorised access

to the site.

41. Sedimentation Control

Prior to the commencement of site works, the following measures are to be

implemented on the site to assist with sedimentation control during the construction

phase of the project:-

a) A dish shaped diversion drain or similar structure will be constructed above the

proposed building works to divert run-off to a stable discharge area such as

dense ground cover. This diversion drain is to be lined with turf or otherwise

stabilised.

b) A sediment-trapping fence using a geotechnical fabric specifically designed for

such purpose and installed to manufacturer’s specifications is to be placed

below the construction area.

c) Vegetation and/or existing building structures will be cleared from the

construction site only, other areas to remain undisturbed.

d) Restricting vehicle access to one designated point and having these driveways

adequately covered at all times with blue metal or the like.

e) A vehicle wheel wash, cattle grid, wheel shaker or other appropriate device, shall

be installed prior to commencement of any site works or activities, to prevent

mud and dirt leaving the site and being deposited on the street.

f) Building operations such as brick cutting, washing tools or brushes and mixing

mortar are not permitted on public roadways or footways or in any other locations

which could lead to the discharge of materials into the stormwater drainage

system.

g) Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located

on any drainage line or easement, natural watercourse, footpath or roadway and

shall be protected with adequate sediment controls.

h) The installation of gutters, downpipes, and the connection of downpipes to the

stormwater disposal system prior to the fixing of the roof cladding.

Such measures are to be maintained at all times to the satisfaction of Council and the

Principal Certifying Authority. Failure to do so may result in the issue of penalty

infringement notices.

Reason:- to minimise soil erosion and control sediment leaving the site during

construction and to prevent water pollution from occurring.

42. Display of a warning sign for soil and water management

Throughout the construction/remediation/demolition period, a warning sign for soil

and water management must be displayed on the most prominent point of the building

site, visible to both the street and site works.



Reason:- to ensure all building workers are aware of the need to maintain the

sediment and erosion control devices.

43. Engineering Design – Basement Excavation

The following engineering details or design documentation (where appropriate) shall

be submitted to the Principal Certifying Authority (Council or accredited certifier) prior

to the issuing of a construction certificate:-

a) Documentary evidence prepared by a suitably qualified professional

geotechnical engineer shall be submitted to the certifying authority, that

confirms the suitability and stability of the site for the proposed excavation and

building as well as certifying the suitably and adequacy of the proposed design

and construction of the building for the site.

b) A report shall be prepared by a professional engineer and submitted to the

certifying authority prior to the issuing of a construction certificate, detailing the

proposed methods of excavation, shoring or pile construction, including details

of vibration emissions and detailing any possible damage which may occur to

adjoining or nearby premises that may be caused by the proposed building and

excavation works.

Any practices or procedures specified in the engineer’s report in relation to the

avoidance or minimisation of structural damage to nearby premises, are to be

fully complied with and incorporated into the plans and specifications for the

construction certificate.

A copy of the engineer’s report is to be submitted to the Council, if the Council is

not the certifying authority.

c) Driven type piles/shoring must not be provided unless a geotechnical engineer’s

report is submitted to the certifying authority, prior to the issuing of a

construction certificate, which states that damage should not occur to any

adjoining premises and public place as a result of the works.

d) The installation of ground or rock anchors underneath any adjoining premises

including (a public roadway or public place) must not be carried out without the

specific written consent of the owners of the affected adjoining premises and

(where applicable) details of compliance must be provided to the certifying

authority prior to the commencement of any excavation or building works.

Reason:- to ensure the proposed method of excavation is suitable for the site and to

prevent damage from occurring to adjoining premises.

44. Excavations extending below the base of footings of adjoining development

Where excavations extend below the level of the base of the footings of a building on

an adjoining allotment of land, the person causing the excavation must preserve and

protect the building from damage and, if necessary, underpin and support the

adjoining building in an approved manner. The person causing the excavation must



give the owner of the adjoining property at least seven (7) days written notice of its

intention to excavate below the level of the base of the footing. The person must also

furnish the adjoining property owner with particulars of the proposed work.

Reason:- to ensure the support for neighbouring buildings.

45. Dilapidation Report - Prior to Excavation of Basement

(a) A dilapidation report prepared by a professional engineer or suitably qualified

building professional shall be submitted to the Principal Certifying Authority

prior to the commencement of demolition, excavation or building works.

The report shall detail the current condition and status of all buildings, including

ancillary structures (i.e. including dwellings, residential flat buildings,

commercial/industrial building, garages, carports, verandahs, fences,

retaining walls, swimming pools and driveways etc.) located upon all of the

premises adjoining the subject site.

The report is to be supported with photographic evidence of the status of the

buildings and a copy of the report must also be forwarded to the Council and

to the owners of each of the abovestated premises, prior to the commencement

of any works. The applicant shall bear the full cost of this report.

(b) Notwithstanding (a) above, certification by a practicing professional engineer

in lieu of a dilapidation report may be provided prior to the commencement of

demolition, excavation or building works certifying that the demolition,

excavation and or building works will not have an impact on any adjoining

structure including ancillary structures (i.e. including dwellings, residential flat

buildings, commercial/industrial building, garages, carports, verandahs,

fences, retaining walls, swimming pools and driveways etc.).

The applicant shall bear the full cost of this certification and the Council or

Principal Certifier reserves the right to request a full report as described in (a)

above should the certification provided by the engineer be considered

unacceptable or insufficient.

Reason:- to enable the monitoring of any potential damage that may be caused to

adjoining premises as a result of excavating and building in close proximity to the

adjoining premises.

46. Footpath area to be illuminated

Where any hoarding or awning is constructed over the public place, the footpath area

shall be kept illuminated between sunset and sunrise.

Reason:- the ensure the safety of pedestrians when passing the site.

47. Fencing of construction sites – Rental details to be provided to the PCA (A & B Type

Hoardings)



A separate application is to be made to Council for Approval under Section 68 of the

Local Government Act 1993 to erect any hoarding or scaffolding in a public place and

such application is to include:

A payment to Council for the following fees in accordance with Council’s adopted

charges:

o Hoarding/Structure Application Fee

o Rental of Footpath Area (per metre per month – minimum 3 months rental)

o Footpath Bond

Submit the following documents to Council with your application:

o Certificate of Currency for Public Liability Insurance

o Certificate of Currency for Worker’s Compensation Insurance

o Letter indemnifying Council against claims and expenses made in relation

to the existence of the structure and/or traffic provisions

o Traffic/Pedestrian Control Plan

o In respect to any required Type B Hoarding, structural certification prepared

and sign by an appropriately qualified practising Structural Engineer

Comply with Council’s specifications for the erection of Class A Hoardings.

Supply evidence to the PCA and to any authorised Council officer that the road

reserve rental fee has been paid.

Note: Public access to the site and building works, materials and equipment on the

site is to be restricted, when work is not in progress or the site is unoccupied.

A temporary hoarding or fence is to be provided to protect the public, located to the

perimeter of the site (unless the site is separated from the adjoining land by an existing

structurally adequate fence, having a minimum height of 1.5 metres). Hoardings or

fences are to have a minimum height of 1.8 metres and be constructed of solid

plywood sheeting (painted white) or of cyclone wire fencing with geotextile fabric

attached to the inside of the fence, to provide dust control.

Note: A “B Class” overhead type hoarding is required to be provided to protect the

public, located adjacent to the development, prior to the commencement of any works

on the site which comprise:

Any works or hoisting of materials over a public footway or adjoining premises, or

Any building or demolition works on buildings which are over 7.5 metres in height

and located within 3.6 metres of the street alignment.

Hoardings or fences are to be structurally adequate and be constructed in a good and

workmanlike manner and the use of poor quality materials or steel reinforcement

mesh as fencing is not permissible.

The public safety provisions and temporary fences must be in place prior to the

commencement of any demolition, excavation or building works and be maintained

throughout construction. Details of the proposed hoardings or fences located upon the

site are to be submitted to the PCA and the public safety provision and temporary

fences must be in place prior to the commencement of any site works, demolition,

excavation or building works and maintained throughout construction.



Reason: to provide protection to public places, prevent unauthorised access to the

site and a safe working environment.

48. Soil and Water Management Plan – Large sites

A Soil and Water Management Plan (also known as an Erosion and Sediment Control

Plan) shall be prepared according to the NSW EPA's Managing Urban Stormwater:

Construction Activities. This Plan shall be implemented prior to commencement of

any site works or activities. All controls in the Plan shall be maintained at all times. A

copy of the Soil and Water Management Plan must be kept on-site at all times and

made available to Council officers on request.

Reason:- to ensure sediment and erosion controls are maintained during the

construction process to prevent water pollution from occurring.

49. Noise from construction activities

Noise from construction activities associated with the development shall comply with

the NSW Interim Construction Noise Guidelines (DECCW) 2009.

Reason:- to ensure noise arising from construction activities is in accordance with

relevant legislation and Environment Protection Authority requirements.

50. Dial before you dig (advisory)

Dial Before You Dig is a free national community service designed to prevent damage

and disruption to the vast pipe and cable networks which provides Australia with the

essential services we use everyday – electricity, gas, communications and water.

Before you dig call “Dial before you dig” on 1100 (listen to the prompts) or facsimile

1300 652 077 (with your street no./name, side of street and the distance to the

nearest cross street) or register on line at www.dialbeforeyoudig.com.au for

underground utility services information for any excavation areas.

The Dial Before You Dig service is also designed to protect Australia’s excavators.

Whether you are a back yard renovator, an individual tradesman or a professional

excavator the potential for injury, personal liability and even death exists every day.

Obtaining accurate information about your work site significantly minimises these

risks.

Reason: To ensure that essential services such as electricity, gas, communications

and water are not affected by excavation or construction.

51. Remediation and validation

The following shall be complied with in respect of remediation and validation works at

the property:

a) Remediation and validation works shall be carried out in accordance with the

approved Remediation Action Plan. The applicant shall inform Council in writing

of any proposed variation to the remediation works. Council shall approve these



variations in writing prior to the commencement of works. Please note that

variations to the approved remediation works may require the submission to

Council of a Section 96 Application or further Development Application pursuant

to the Environmental Planning and Assessment Act 1979.

b) After completion of the remedial works, a copy of the Validation Report shall be

submitted to Council prior to the commencement of construction works. The

Occupation Certificate shall not be issued until Council reviews and approves the

final Validation Report. The validation report shall be prepared in accordance

with the EPA guidelines, Consulting Reporting on Contaminated Sites, and shall:

i) Describe and document all works performed;

ii) Include results of validation testing and monitoring;

iii) Include validation results of any fill imported on to the site;

iv) Show how all agreed clean-up criteria and relevant regulations have been

complied with; and

v) Include clear justification as to the suitability of the site for the proposed

use and the potential for off-site migration of any residual contaminants.

c) Following the preparation of the validation report, Council may require that the

applicant engage an accredited auditor under the Contaminated Land

Management Act 1997 to review the Validation Report prepared by the

contaminated land consultant and issue a Site Audit Statement. The

accredited auditor shall consult with Council prior to finalising and issuing the

Site Audit Statement. The Site Audit Statement should allow for soil access to

occur as per the approved Remedial Action Plan.

The accredited auditor shall provide Council with a copy of the Site Audit Report

and Site Audit Statement, prior to the issuing of the Occupation Certificate.

In circumstances where the SAS conditions (if applicable) are not consistent

with the consent, the consent shall prevail to the extent of the inconsistency

and a Section 96 Application or further Development Application pursuant to

the Environmental Planning and Assessment Act 1979 will be required.

Reason:- to ensure the provisions of State Environmental Planning Policy No. 55 –

Remediation of Land and the Contaminated Land Management Act are complied with.

52. Discovery of additional information during remediation, demolition or construction

Any new information which comes to light during remediation, demolition or

construction works which has the potential to alter previous conclusions about site

contamination shall be notified to the Council and the PCA immediately.

Reason:- to ensure Council is informed of any new information relevant to site

conditions and site contamination associated with the development.

53. Off-site soil disposal



Any soil disposed of offsite shall be classified in accordance with the procedures in the

NSW EPA Environmental Guidelines: Assessment, Classification & Management of

Liquid & Non-Liquid Wastes (1999).

Reason:- to ensure soil disposed off-site is classified in accordance with relevant EPA

requirements.

54. Ground floor access ramp intersection design

Prior to issue of any Construction Certificate an amended plan addressing the

following shall be submitted to and approved by Cumberland Council’s Manager

Development Assessment:

a) A minimum 4.0m radius curve shall be provided at the ramp intersection near

proposed garbage room at the ground floor.

Reason: to ensure two way ramp complies with Australian standard AS2890.1

requirements.

55. Ground floor access ramp intersection design

Prior to issue of any Construction Certificate amended stormwater plans addressing

following shall be submitted to and approved by Cumberland Council’s Manager

Development Assessment:

a) Minimum 2.2m headroom shall be provided along the access ramp. In this

regard:

i) The supporting structure for the stormwater outlet within the basement

shall be redesigned; and

ii) Section 1 detail shall be updated to reflect the changes in the stormwater

plan.

b) A minimum 900mm headroom clearance shall be provided within the OSD

tank;

c) Stormwater outlet from the site shall be a straight pipe and no bends are

permitted;

d) All access grates to the OSD basin shall be double (2/900x450) hinged grates;

and

e) Stormwater outlet to street gutter shall be 100mm diameter UPVC pipe.

Reason:- to ensure stormwater structures do not interfere with the required headroom

and to ensure the stormwater plan complies with Council’s ADCP 2010.

56. Hydraulic engineering design certificate



A written verification from a suitably qualified hydraulic engineer shall be obtained,

stating that:

a) Construction Certificate plans comply with the approved Report on the project’s

Flood and Floodplain Development Matters prepared by Bewsher dated 23. 07.

2015; and

b) The development has no adverse impact on flood levels and/or adjoining

properties.

Prior to the issue of any Construction Certificate the written verification shall be

submitted to and approved by Principal Certifying Authority.

Reason:- to ensure construction plans comply with the flood study.

57. Hydraulic engineering construction certificate

A written verification from suitably qualified hydraulic engineer shall be obtained,

stating that:

a) Development complies with the approved Report on the project’s Flood and

Floodplain Development Matters prepared by Bewsher dated 23. 07. 2015;

and

b) The development has no adverse impact on flood levels and/or adjoining

properties.

Prior to the issue of any Occupation Certificate the written verification shall be

submitted to and approved by Principal Certifying Authority

Reason:- to ensure construction comply with the flood study.

58. Flood Risk Management

As the site is located within a floodplain, the subject development shall comply with

Chapter 6 of Council’s ‘Auburn Development Control Plan 2010 – Stormwater

Drainage’. In this regard:

a) Supporting documents shall be prepared in order to ensure that the

development complies with the controls nominated in Table 5 Auburn

Development Control Plan 2010 – Stormwater Drainage; and

b) Details shall be submitted to and approved by the Principal Certifying Authority

prior to the issue of any Construction Certificate.

Reason:- to reduce flood risk to the people and properties.

59. Stormwater disposal



All stormwater runoff generated from the proposed development, except the approved

bypassing area, shall be directed to the On-Site Detention system prior to being

discharged to the Clarence Street gutter.

Reason:- to prevent localised flooding.

60. Submission of full stormwater disposal details

Full stormwater drainage details showing the proposed method of stormwater

collection and disposal are to be submitted to Council or the Accredited Certifier to

ensure the approved stormwater plans are incorporated with the Construction

Certificate.

The details shall be prepared by a suitably qualified person and must be in accordance

"Auburn Development Control Plans 2010 - Stormwater Drainage" and "Australian

Rainfall & Runoff 1987".In this regard,

a) The proposed stormwater system shall be generally in accordance with the

approved stormwater concept plans All access grates to the detention facility

shall be double (2/900x450) hinged grates;

b) Maximum spacing between the grated access pits in the OSD shall not exceed

5.0m; and

c) Stormwater runoff from the access ways will have to undergo some form of

industrial standard primary treatment/separation prior to disposal into existing

stormwater systems. In this regard, a stormwater treatment device capable of

removing litter, oil, grease and sediment shall be provided prior to discharge to

the stormwater system.

Note: "Auburn Development Control Plans 2010 - Stormwater Drainage" is available to

purchase at Council or the document can be found at Auburn Council’s web page

www.auburn.nsw.gov.au

Reason:- to ensure the stormwater is suitably discharged.

61. Structural Engineering Certificate

The applicant shall submit a structural engineer’s certificate of adequacy verifying that

the works as detailed on the approved plans for the storage tank have been completed

under his/her supervision and that the design is adequate to support the anticipated

design loads. The certificate shall be submitted to Council with the works-as-executed

plan.

Reason:- to ensure the construction is structurally adequate.

62. Water Reuse

The stormwater generated from the roof area shall be reused for the irrigation of the

landscape area within the subject development site.



Full details of the Water reuse facilities shall be submitted to Council or the Accredited

Certifier with the Construction Certificate.

On completion, a certificate from a registered plumber shall be submitted for the pipe

network. The certification shall indicate the water reuse system has been installed in

accordance with the approved water reuse design plans.

Reason:- to ensure the water reuse facilities within the development are constructed

and maintained in good working order.

63. Stormwater disposal – on-site detention

On-site stormwater detention storage is to be provided in conjunction with the

stormwater disposal. The storage is to comply with “Auburn Development Control

Plans 2000 - Stormwater Drainage”. Where multiple detention basins with differing

top water levels are used, the basins must be routed to the outlet pit independent of

each other.

A positive covenant under Section 88E of the Conveyancing Act is to be created on the

title of the property detailing the on-site stormwater detention system incorporated in

the development. The wording of the instrument is to be submitted and approved by

Council prior to lodgement at the Land Titles Office. Evidence confirming the positive

covenant has been registered shall be submitted to Council prior to occupation of the

building or issue of the occupation certificate.

Note:

1. Positive covenant wording shall be obtained from Council prior to lodgement.

2. Work as executed plan shall be accompanied by relevant checklists.

Reason:- to prevent localised flooding by ensuring the detention system is maintained

as designed.

64. Maintenance schedule – OSD

Prior to the issue of the occupation certificate, a maintenance schedule of the

proposed on-site detention facility shall be submitted to Council for approval with the

stormwater work-as executed plan. This maintenance schedule shall be registered as

part of the positive covenant.

Reason: to ensure the onsite detention facility is in good working order

65. Annual maintenance inspection of OSD

Annual maintenance inspection summary of the onsite detention with associated

certificates shall be sent to Council within the first month of every calendar year. In

this regard:

All critical inspections shall be carried out by a qualified person.



A maintenance log book shall be maintained as per the approved maintenance

schedule on site and readily available for inspection by a Council officer.

All associated cost shall be borne by the owner

Reason: to ensure the onsite detention facility is in good working order

66. Engineer Certificate for pump

A certificate from a practising hydraulic engineer verifying that the stormwater pump

installation and the design with the executed levels shall be submitted to the Council

with the work as executed plan prior to the release of Occupation Certificate.

Reason:- to ensure the system has been constructed Council’s standards and

specifications.

67. Basement drainage system

Basement drainage is to comply with “Auburn development control plans 2010

stormwater drainage”. In this regard:

a) Two pump units being installed, the capacity of each being calculated on the basis

of a hundred year storm recurrence interval and a storm duration of 5 (five)

minutes, one pump acting in reserve capacity.

b) The two pumps being designed to work on an alternate basis to ensure that both

pumps receive equal usage and neither pump remains continuously idle.

c) A holding well being provided within the basement, of sufficient capacity to store

the discharge based on a hundred year storm recurrence interval and storm

duration of ninety minutes. In addition to this an above ground storage shall be

provided up to a hundred year storm recurrence interval and storm duration of two

hours. The holding well is to be designed so that a minimum volume of water is

retained in the well for health reasons when the pumps are in the “off” position or

if there is a break in electrical supply.

d) A storm of two hours’ duration has been adopted as a basis for determining the

size of the well, the assumption being that electrical supply will be reinstated within

this period.

e) The pump out system is to be independent of any gravity drainage lines, except at

the property boundary where a grated surface pit is to be constructed from which

a connection will be permitted to the gravity drainage system. The invert levels of

the pipes in the grated surface pit are to be such that the outlet from the pump out

system is above the inlet of the gravity system.

f) Storage areas and areas used for purposes other than car parking or access aisles

are to be constructed a minimum of 100mm above the top water level.



g) The contributing catchment area to the pump out system is to be limited to the

access ramp area only and subsoil drainage.

Reason:- to prevent localised flooding.

68. Footpath Construction – Taylor Street

The footpath adjoining Taylor Street frontage shall be reconstructed in accordance

with the Council’s Standard footpath construction requirements. Site boundary line

levels shall be raised to the boundary line levels, with satisfactory end-transitions

provided.

a) Detail footpath design shall be submitted and approved by Council’s Works and

Services section prior to the issue of a Construction Certificate;

b) Street boundary levels obtained from Council shall be incorporated in the design;

c) The details of construction requirements shall be requested from the Council prior

to commencement of construction;

d) Formwork inspection and footpath inspection shall be carried out by Council;

e) The footpath shall be constructed at the completion of works and finished to the

satisfaction of Council prior to the issue of an Occupation Certificate; and

f) All associated cost shall be borne by the applicant.

Reason:- to provide a safe footpath for increased pedestrian use and one that will

complement the Cumberland Council’s requirements.

69. Footpath / Nature strip maintenance during and after construction

The footpath and nature strip within the street frontages shall be maintained during

the period of construction to Council’s satisfaction.

Reason: to ensure pedestrian safety during the construction period.

70. Works-as-Executed Plan – Drainage Plans

Prior to occupation of the building or issue of the occupation certificate, two (2) copies

of the Works-as-Executed (W.A.E.) Plan prepared by a registered surveyor and certified

by the design engineer shall be submitted to Council. The W.A.E. plan shall show

(where applicable):

a) Whether all works have been completed generally with the approved drainage

plans;

b) Any departure from the approved plan and conditions;

c) Any additional work that has been undertaken;



d) Location, levels and sizes of pipes and pits;

e) Finished floor and finished surface levels. The location of finished levels should

in general correspond with those shown on Council’s approved drainage plan;

f) Basement pump out volumes.

NOTE: The WAE surface level shall be taken after all landscaping has been completed.

In this regard:

• The above information is to be superimposed on a full sized copy of Council

approved drainage plan and is to be submitted to Council.

• Checklists A3, A4 & A5 in the appendix of the “Auburn Development Control Plan

2010 - Stormwater Drainage” shall be completed and shall be certified by the

practicing hydraulic engineer and the registered surveyor.

Reason:- to account for minor variations and to ensure Council has the final details.

71. Flood Risk Evacuation Plan

A flood risk evacuation plan shall be prepared by a suitably qualified person in

conjunction with Council’s floodplain risk management plan. The flood risk

management plan shall be in force at all times.

Reason:- to ensure adequate evacuation procedures are implemented on the

premises in the event of flooding occurring on the site.

72. Reinstatement of footpath and footpath crossing

The footpath and footpath crossing/s adjacent to the property shall be reinstated by

Council at the completion of works with all costs being borne by the developer.

Alternatives to the pre-payment for this work will be considered if written request is

made to Council.

Reason:- to ensure the footpath and the footpath crossings are repaired from any

damage caused during the construction phase.

73. Vehicle Driveway Crossings and Gutter Laybacks

Arrangements shall be made with Council for the prepaid construction of vehicular

crossings and gutter laybacks at all property entrances and exits, and for the removal

of all disused driveway crossings and gutter laybacks. Alternatives to the pre-payment

for this work will be considered if written request is made to Council. The gutter

crossing and/or the removal of any redundant crossings must be constructed to the

satisfaction of Council (and to the Council’s specifications including payment of any

required bonds) or the prepayment made to Council for Council to carry out the work,

prior to the issue of any occupation certificate.



Removal of obstructions, such as power poles, trees, drainage pits and the like shall

be carried out at the applicant’s expense.

Reason:- to ensure that works are carried out in accordance with Council’s standard.

74. Carrying capacity of driveways – Heavy duty

Suitable heavy-duty driveway crossings are to be installed at all ingress/egress points

to the property at the applicant's cost by Council. Alternatives to the pre-payment for

this work will be considered if written request is made to Council. The gutter crossing

and/or the removal of any redundant crossings must be constructed to the

satisfaction of Council (and to the Council’s specifications including payment of any

required bonds) or the prepayment made to Council for Council to carry out the work,

prior to the issue of any occupation certificate.

Reason:- to ensure the driveways can support the expected weight of heavy vehicles

likely to frequent the site.

75. Street boundary levels

Street boundary levels for vehicle access and drainage purposes are to be obtained

at the applicant’s cost from Council's Service Planning Department prior to

commencement of any works. These levels are to be incorporated in all drainage

submissions required under this determination.

Reason:- to ensure the correct levels are obtained and used for the development.

76. Road opening permit

Prior to commencement of any work on Council roads and footpaths, a road-opening

permit shall be obtained from Council’s Service Planning Department.

Reason:- to safeguard Council property against damage.

77. Restoration works

Prior to commencement of any excavation work on Council roads or footpaths, the

applicant shall pay for all restoration costs. The area of restoration shall be

determined on site between the applicant or its contractor and Council’s Contracts &

Maintenance Engineer.

Reason:- to ensure that Council’s infrastructure is maintained in a safe and trafficable

manner.

78. Convex safety mirror

Convex safety mirrors shall be provided in the basement at the entry ramp to improve the

sight distance. In this regard:



a) Detail plans showing the compliance of above requirements shall be submitted and

approved by the Principle Certifying Authority prior to issue of a Construction

Certificate; and

a) Convex safety mirrors shall be maintained in good condition.

Reason:- to improve the sight distance.

79. Headroom clearance – within the Basement

The headroom clearance within the basement shall comply with AS 2890.1 and

2890.6 requirements.

Detailed plans showing compliance with the above requirements shall be submitted

and approved by the Principal Certifying Authority prior to issue of a Construction

Certificate.

Reason:- to ensure headroom clearance complies with Australian Standards AS

2890.1 AS2890.6 and Council’s ADCP 2010.

80. Ramp gradients

Circulation ramp grades shall comply with section 2.5.3 of the Australian Standard

AS2890.1:2004. In this regard, a detailed longitudinal section along the ramps to a

scale of 1:20, shall be submitted to and approved by the Principal Certifying Authority

prior to the issue of a Construction Certificate.

A Copy of the approved plan shall be submitted to Cumberland Council’s Manager

Development Assessment.

Reason:- to ensure the access ramps comply with Australian Standard

AS28890.1:2004.

81. Headroom clearance along the ramp

Headroom clearance shall comply with section 5.3 of the Australian Standard

AS2890.1:2004. In accordance with the Standard a minimum 2.2m headroom

clearance shall be provided. In this regard, a detail longitudinal section of ramps to a

scale of 1:20, shall be submitted to and approved by the Principal Certifying Authority

prior to the issue of a Construction Certificate.

A copy of the approved plan shall be submitted to Cumberland Council’s Manager –

Development Assessment.

Reason:- to ensure the access ramps comply with Australian Standard

AS28890.1:2004.

82. Works within Council controlled lands

(1) For drainage works:



a) Within Council controlled lands.

b) Connecting to Council’s stormwater drainage system.

Inspections will be required:-

i) After the excavation of pipeline trenches.

ii) After the laying of all pipes prior to backfilling.

iii) After the completion of all pits and connection points.

(2) A minimum of 48 hours’ notice shall be given to Council to inspect works.

Inspections may be arranged by telephoning Council’s Works and Services

Section during office hours.

(3) Work is not to proceed until the works are inspected and approved by Council.

Reason:- to ensure works on public/Council controlled lands are carried out as per

Council’s requirements.

83. Street Tree Planting

The following street trees shall be planted by the applicant. Any costs associated with

this work shall be borne by the applicant.

Species Min. No Min. Pot Size Min. Height

Murraya paniculata

(south)

2 45 Litres 2 metres

Trees shall be planted a minimum of 1.2 from driveways, service pits and stormwater

pits/lintels.

The applicant shall be responsible for co-ordination with all relevant service authorities

as required to facilitate planting. Planting shall be completed prior to the issuing of an

Occupation Certificate and shall be maintained for a minimum 12 month period.

Reason:- to ensure planting and ongoing maintenance of street trees occurs to

Council’s satisfaction.

84. Maintenance of proposed street trees

Newly planted trees on Council land shall be maintained for a period of twelve months.

Maintenance shall include watering, weeding, removal of rubbish from tree base,

pruning, fertilizing, pest and disease control and any other activities required to

maintain a healthy tree. A suitably qualified horticulturist shall undertake all

maintenance work.

Reason:- to ensure planting and ongoing maintenance of street trees to Council’s

satisfaction.

85. Turf on Council's Verge



All turf on Council's verge directly adjacent to the lot on Milton Street shall be removed

and replaced with Kikuyu turf prior to the issue of an Occupation Certificate. Levels

on the verge must remain unchanged.

Reason:- to improve streetscape appearance.

86. Car parking to Comply with Approved Details

The area set aside for the parking of vehicles, and so delineated on the endorsed plan

Drawing No. A 1.00 and A 1.01 Issue C dated 29/07/2015 dated 07.03.2016 shall

not be used for any other purpose.

Reason:- to ensure the car parking area is not used for purposes other than the

parking of cars associated with the use.

87. Number of Car Parking Spaces

A total of 28 off-street car parking spaces are to be provided to the development,

including a minimum of 2 disabled car parking spaces The spaces are to have

minimum dimensions of 5.5 m x 2.4 m and be suitably sealed, marked, drained and

freely accessible at all times. Visitor car parking spaces shall be a minimum width of

2.6 m. Disabled car parking shall comply with the relevant Australian Standards.

Car parking spaces are not to be enclosed by any device, such as a wire or mesh cage,

walls or other similar fixtures unless there is a minimum clear internal width of 3

metres. Car parking spaces shall not be enclosed without the prior consent of council.

Reason:- to ensure there is sufficient car parking for the development and to comply

with ADCP 2010 - Parking & Loading.

88. Accessible parking design

Accessible car parking spaces, including the shared zone, shall comply with Australian

Standard AS2890.6. Details demonstrating compliance shall be submitted to the

Principal Certifying Authority for approval prior to the issue of the relevant construction

certificate.

Reason:- to ensure accessible parking spaces comply with Australian standard

AS2890.6.

89. Car Parking Allocation

A set of tandem car parking spaces is to be allocated to each of the 3 bedroom units

with the remaining set of tandem spaces to be allocated to a 2 bedroom unit. The

disabled car parking spaces are to be allocated to the units noted on the approved

plans as “Adaptable Dwellings”.

Details demonstrating compliance shall be submitted to the Principal Certifying

Authority prior to issue of the Occupation Certificate.



Reason:- to ensure car parking spaces are appropriately allocated within the

development.

90. Signs for Visitor Parking

Suitable signs shall be erected at the front of the property indicating the availability of

visitor parking within the property. All visitor parking spaces shall be clearly

signmarked.

Reason:- to ensure the visitor parking spaces are clearly identified.

91. Adequate Signs and Pavement Markings Required to Assist Traffic Flow on Site.

Adequate signs and pavement markings are to be provided to direct the flow of traffic

within the site. Details are to be provided prior to the issue of the construction

certificate.

Reason:- to assist with traffic flow within the development.

92. Vehicles Driven in Forward Direction

All vehicles must be driven in a forward direction at all times when entering or leaving

the premises.

Reason:- to preserve and enhance the safe operation of the car parking area.

93. Protective bar to vehicular entry

A protective bar shall be installed at the vehicular entry to the development to prevent

damage from vehicles that are too high or those that fail to wait for the opening of any

roller shutter etc. Details and installation of the proposed protective bar shall be noted

on the Construction Certificate drawings and installed prior to the issue of Occupation

Certificate.

Reason:- to prevent damage from oversized vehicles when entering the premises.

94. Roller doors and shutters – silent operation

The roller doors or other shutters to the car park shall operate silently and be

appropriately maintained.

Reason:- to ensure quiet operation and ongoing maintenance to car park doors.

95. Intercom/remote access to basement

An intercom and remote access system shall be provided at all vehicular access points

to the basement car park and connected to all residential units. Details of the

proposed intercom and remote access system to the basement car park are to be



submitted with the Construction Certificate plans/specifications and the locations

detailed on the construction drawings.

Reason:- to ensure that visitor car parking spaces are easily and conveniently

accessible for visitors to the premises.

96. Driveway surface treatment

Driveway surface treatments must finish at the property boundary.

Reason:- to ensure compliance with Council’s Development Control Plan

requirements.

97. Car Parking Spaces – Restrictive Covenant

The following shall be complied with:-

a) The on site car parking spaces, exclusive of service and visitor spaces, are not

to be used by those other than the occupant or tenant of the subject building.

Any occupant, tenant, lessee or registered proprietor of the development site or

part thereof shall not enter into an agreement to lease, license or transfer

ownership of any car parking spaces to those other than an occupant, tenant or

lessee in the building.

b) Prior to Occupation Certificate under the Environmental Planning and

Assessment Act 1979 a documentary Restrictive Covenant, is to be registered

on the Title of the development site pursuant to Section 88E of the Conveyancing

Act 1919, to the effect of (a) above. The Covenant is to be created appurtenant

to Council, at no cost to and to the satisfaction of Council.

c) Any future strata subdivision of the site is to include a Restriction on User

pursuant to Section 39 of the Strata Titles (Freehold Development) Act 1973, as

amended, burdening all utility car parking allotments in the Strata Plan and/or

an appropriate Restrictive Covenant pursuant to Section 88B of the

Conveyancing Act 1919 burdening all car parking lots in the strata scheme.

Reason:- to ensure the car parking spaces are used in accordance with the details of

the development approval.

98. Arrangements for Water and Sewer Services

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained.

Application must be made through an authorised Water Servicing Coordinator. Please

refer to “Your Business” section of Sydney Water’s web site at

www.sydneywater.com.au then the “e-developer” icon or telephone 132 092.

Following application a “Notice of Requirements” will detail water and sewer

extensions to be built or charges to be paid. Please make early contact with the



Coordinator, since building of water/sewer extensions can be time consuming and

may impact on other services and building, driveway or landscaping design.

The Section 73 Certificate must be submitted to the Principal Certifying Authority

(Council or accredited certifier) prior to release of the final plan of subdivision or

occupation of the development.

Reason:- to ensure that adequate water and sewer services can be provided to the

site.

99. Sydney Water Approval

The approved development application plans must be accompanied by a valid Building

Plan Assessment Approval Receipt. This receipt can be acquired through the "Sydney

Water Tap" in system by the Sydney Water Authority.

Please refer to the web site www.sydneywater.com.au for:

• Information on the "Sydney Water Tap in" system and

• Registering and applying for the approval receipt for the Proposed Building

Plan.

or telephone 13 20 92.

Note:

The consent authority or accredited certifier must either:

• ensure that a valid approval receipt has been obtained from Sydney Water

before the issue of any Construction Certificate (receipt valid usually 1 year from

the date of issue); or

• if there is a combined Development/Construction Certificate application, ensure

that a valid approval receipt has been obtained prior to works commencing on

site.

Reason:- to ensure the development does not damage or interfere with Sydney Water

assets.

100. Aboveground Power Lines

Where practicable, all existing overhead power lines adjacent to the development site

shall be relocated underground to Energy Australia standards and specifications. If

not practicable to relocate the power lines underground, arrangements shall be made

with Energy Australia to place the conduit to carry those power lines underground so

that they can be utilized at a later date by Energy Australia. In this regard all associated

costs shall be borne by the applicant.

Reason:- to improve the aesthetic quality of the area.

101. Service Relocation/Adjustment



The applicant shall locate any utility services affected by the proposal and shall be

responsible for any damage to, or relocation of services required by the proposal

including adjustment to the levels of pit lids etc. All works shall be carried out to the

satisfaction of the relevant Authority or Council.

All the costs shall be borne by the applicant.

Reason-: to protect utility services.

102. Materials and Finishes

Materials and finishes to the development shall be in accordance with the details of

the approved plans and the following requirements:-

a) Quality and durable materials are to be used throughout the development.

b) The applied external paint finishes to the building shall have a minimum

aggregate thickness of 200 microns.

Reason:- to ensure a high quality appearance to all materials within the development.

103. SEPP 65 – Design Verification

The following requirements arising from State Environmental Planning Policy No. 65 –

Design Quality of Residential Flat Buildings must be complied with:-

a) A certifying authority must not issue a Construction Certificate in respect of the

development unless the certifying authority has received a design verification

from a qualified designer, being a statement in which the qualified designer

verifies that the plans and specification achieve or improve the design quality of

the development for which development consent was granted, having regard to

the design quality principles set out in Part 2 of State Environmental Planning

Policy No. 65 – Design Quality of Residential Flat Development.

b) A certifying authority must not issue an Occupation Certificate to authorise a

person to commence occupation or use of the development unless the certifying

authority has received a design verification from a qualified designer, being a

statement in which the qualified designer verifies that the development as shown

in the plans and specifications in respect of which the Construction Certificate

was issued, having regard to the design quality principles set out in Part 2 of

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat

Development.

Reason:- to ensure that the requirements of SEPP No. 65 and the EP&A Regulations

are complied with in the carrying out of the development.

104. Architect – Notify Council if Changed

The architect of the project, as approved, should not be changed without prior notice

to Council.



Reason:- to ensure Council is aware and kept informed of the current project architect.

105. Underside of balconies

The underside of the balconies within the development must be designed to prevent

exposed pipes and utilities being visible.

Reason:- to ensure an attractive appearance to the development in accordance with

Council’s Development Control Plan requirements.

106. Reflectivity Index of Glazing

The reflectivity index (expressed as a percentage of the reflected light falling upon any

surface) of external glazing for windows, walls or roof finishes of the proposed

development is to be no greater than 20%. Written conformation of the reflectivity

index of materials is to be submitted with the Construction Certificate.

Note: The reflectivity index of glazing elements can be obtained from glazing

manufacturers. Glass with mirrored or reflective foil finishes is unlikely to achieve

compliance with this requirement.

Reason:- to ensure that excessive glare or reflectivity nuisance from glazing does not

occur as a result of the development.

107. Side/Rear Boundary Fencing

Fences located on the side or rear boundaries of the premises, behind the main

building setback (not within the front yard), shall not exceed a maximum height of 1.8

metres.

Reason:- to maintain reasonable levels of amenity to the adjoining premises.

108. Fencing/gates and adjoining land

There must be no encroachment of any part of the structure/s onto the adjoining

premises or onto Council’s road reserve, footway or public place. Any gate openings

shall be constructed so that the gates, when hung, will be fitted in such a manner that

they will not open over the footway or public place.

Reason:- to ensure the fence/gates do not restrict access and that encroachments

do not occur.

109. Telecommunications Facilities - Residential

The following requirements apply to telecommunication facilities in the building:-

a) Appropriate access and space within the plant area of the building shall be

provided for a minimum of three telecommunication carriers or other providers

of broad-band access by ground or satellite delivery.



b) Appropriate ducting and cabling shall be provided for a minimum of three

telecommunication carriers or other providers for telecommunication access

and broad-band cabling to each apartment of the building.

c) The details of (a) and (b) above shall be submitted for the approval of the

certifying authority, prior to issue of a construction certificate for the building

under the Environmental Planning and Assessment Act 1979.

d) A separate Development Application must be submitted at the appropriate time

for any external receiving device proposed to be installed. For each form of

transmitter, there shall be only one common receiving device installed on the

subject development.

Reason:- to ensure adequate provision for telecommunication facilities within the

development.

110. Lighting to publicly accessible areas

The following lighting requirements shall be complied with:

a) The public areas shall be provided with lighting to ensure pedestrian safety. Such

lighting shall be at a minimum level of 10 lux in the horizontal and vertical plane.

b) Details of the lighting is to be submitted for the approval of the Principal Certifying

Authority prior to issue of the Construction Certificate and location of the lighting

endorsed on the construction drawings.

Reason:- to ensure publicly accessible areas of the development are provided with

sufficient illumination.

111. Target hardening strategies to reduce crime

The following target hardening strategies shall be undertaken on site to assist in the

reduction of crime in the locality:-

a) CCTV digital cameras shall be installed in and around the premises, particularly

at the entry and exit points to assist police to identify offenders of crime.

b) Warning signs strategically posted in and around the premises to warn intruders

of the security measures.

c) Additional lightning be installed in and around the premises to act as a deterrent

for crime. The lighting shall be installed in accordance with the Australian

Standards 1158.3 1999.

The details shall be shown in the construction plans for approval by Council or the

Accredited Certifier prior to the issue of a Construction Certificate.

Reason:- to reduce the incidence of late night crime in the locality and to improve

public safety late at night.

112. Mail Box Structure

An Australia Post approved lockable mail box structure(s) shall be centrally located to

the primary street entry of the site.



Reason:- to ensure compliance with Council’s Development Control Plan

requirements.

113. Compliance with Submitted Acoustic Report

All noise control measures specified in the acoustic assessment report prepared by

Acoustic Logic Reference number 20150520.1/1105A/R0/JL, dated May 2015 shall

be installed prior to the issuing of the occupation certificate. All noise reduction

measures specified in the acoustic report shall be complied with at all times during

the operation of the premises.

Reason:- to ensure suitable acoustic amenity is provided.

114. Acoustic Certification

Within three (3) months of the premises being occupied, an acoustic report prepared

by a suitably qualified person, is to be submitted to the consent authority

demonstrating that the criteria contain in the acoustic assessment report prepared by

Acoustic Logic Reference number 20150520.1/1105A/R0/JL, dated May 2015 have

been meet. Where the criteria are not met the acoustic report is to include

recommendation of noise control measures that are to be implemented to ensure

compliance with the criteria.

Reason:- to ensure all noise mitigation recommendations are adhered to.

115. Amenity

The operation of the premises shall be conducted in such a manner as not to interfere

with or materially affect the amenity of the neighbourhood by reason of noise,

vibration, odour, fumes, vapour, steam, soot, ash, dust, waste water, waste products,

grit, oil, or otherwise.

Reason:- to protect the amenity of the locality.

116. Odour

No offensive odour from any trade, industry or process shall be detected outside the

premises by an authorised Council Officer as defined in the Protection of the

Environment Operations Act 1997.

Reason:- to protect the surrounding locality from offensive odours.

117. Water Pollution

The operation of the premises shall be conducted in a manner which does not pollute

waters as defined by the Protection of the Environment Operations Act 1997.

Reason:- to protect waterways and stormwater systems from pollution.



118. Noise and Vibration

The use of the premises shall not give rise to any of the following when measured or

assessed at “sensitive” positions within any other property. These “sensitive”

positions should be selected to reflect the typical use of a property (ie any outdoor

areas for day and evening but closer to the façade at night time), unless other

positions can be shown to be more relevant.

a) 'offensive noise' as defined in the Protection of the Environment Operations Act

1997.

b) transmission of vibration to any place of different occupancy above the

requirements of AS2670.

c) a sound pressure LAeq,period at any noise sensitive position of any other

premises or occupancy greater than the recommended amenity noise criteria

detailed in the Department of Environment and Conservation, New South Wales

(EPA) Industrial Noise Policy.

d) a sound pressure LAeq,15min at any noise sensitive position greater than the

intrusiveness criteria determined in accordance with the Department of

Environment and Conservation, New South Wales (EPA) Industrial Noise Policy

and does not contain any tones, low frequency or impulsive factors as defined in

the Department of Environment and Conservation, New South Wales (EPA)

Industrial Noise Policy table 4.1.

For assessment purposes, the above LAeq sound levels shall be assessed over a period

of 10-15 minutes and adjusted in accordance with EPA guidelines for tonality,

frequency weighting, impulsive characteristics, fluctuations and temporal content

where necessary.

Reason:- to ensure adequate acoustic amenity in the locality.

119. Air conditioning units – location and acoustics

a) Air conditioning units are not to be visible from the street or public place and are

not to obscure windows/window frames or architectural features of the building.

b) The operation of air conditioning units shall be so:

(i) as not to cause “offensive noise” as defined under the Protection of the

Environment Operations Act 1997;

(ii) as to be inaudible at the nearest affected residence between the hours of

10.00pm and 7.00am on weekdays and 10.00pm and 8.00am on

weekends and public holidays;

(iii) as not to discharge a condensate or moisture onto the ground surface of

the premises or into a stormwater drainage system in contravention of the

requirements of the Protection of the Environment Operations Act 1997.

c) Should Council receive noise complaints from neighbouring residents in

relation to the air conditioning units, Council may issue a Noise Notice. Such

notice may require you to engage the services of a competent and appropriately

qualified Acoustic Consultant to undertake a noise level assessment of the air

conditioning unit. If the unit is assessed as exceeding the permitted noise



criteria, you may be directed to provide noise attenuation measures such as an

acoustic enclosure and/or relocation of the unit.

Reason:- to ensure that air conditioning units associated with the development are

appropriately located and do not detract from the appearance of the buildings and to

ensure the operation of air conditioning units does not adversely impact on the

acoustic amenity of the locality.

120. Intruder Alarms

Any intruder alarm at the premises shall be fitted with a timing device in accordance

with the requirements of Section 53 of the Protection of the Environment Operations

(Noise Control) Regulation 2000.

Reason:- to prevent ongoing noise arising from intruder alarms and ensure compliance

with relevant legislation.

121. Suitable arrangements to be made for garbage and recycling services

Suitable arrangements for garbage and recycling services are to be made with Council

prior to occupation of the building.

Reason:- to ensure adequate garbage and recycling services are provided for the

development.

122. Display of Waste Management Plan – Ongoing use

The occupant/body corporate shall be provided with at least one copy of the waste

management plan. An additional copy of the plan shall be displayed in a secure, visible

and accessible position within or adjacent to the waste storage area. The approved

Waste Management Plan must be complied with at all times during occupation.

Reason:- to ensure waste is properly managed by occupants of the building.

123. Garbage Storage and Collection

All garbage shall be removed from the site directly via the garbage storage area.

Garbage bins shall not be stored on or collected from the footpath or kerb.

Reason:- to ensure that all garbage storage and collection is managed efficiently and

without significant impact on the street.

124. Waste and recyclables storage area:

The waste and recyclable storage area shall be fully enclosed, adequately ventilated

and constructed with a concrete floor and concrete or cement rendered walls covering

the floor. The floor shall be graded to an approved sewer connection incorporating a

sump and galvanised grate cover or basket. A hot and cold hose cock shall be

provided within the room. Details shall be provided with the Construction Certificate



and endorsed on the construction drawings, and works completed prior to the issue

of an Occupation Certificate.

Reason:- to ensure the waste and recyclables storage area is appropriately

constructed and able to be readily cleaned and maintained.

125. Ongoing Waste Management

Ongoing waste management within the development shall be carried out in

accordance with the approved Waste Management Plan and the following

requirements:-

a) Appropriate waste management practices are to be adopted within the

development at all times.

b) The waste storage room shall be kept in a clean, tidy and hygienic condition at

all times.

c) The waste and recyclable storage area shall be fully enclosed, adequately

ventilated and constructed with a concrete floor and concrete or cement

rendered walls covering the floor. The floor shall be graded to an approved sewer

connection incorporating a sump and galvanised grate cover or basket. A hot

and cold hose cock shall be provided within the room. Details shall be provided

with the Construction Certificate and endorsed on the construction drawings,

and works completed prior to the issue of an Occupation Certificate.

d) A person shall be employed/nominated to manage the collection of waste

material by Council, including, but not limited to bin placement at the road edge

and retrieval of bins soon after collection of contents, cleansing of bins, storage

of bins in the compound and the like.

e) The nature strip is to be kept in a clean and tidy condition upon garbage

collection.

Reason:- to ensure appropriate ongoing waste management practices within the

development in accordance with Council’s Development Control Plan requirements.

126. Subdivision development application requirements

The following requirements will apply to any future development application for

subdivision at the site:-

a) The Strata subdivision or other subdivision of the development being the subject

of a further Development Application to Council; and,

b) This development application for subdivision must be accompanied by the

following documentation that indicates:-

i) The requirement for the employment of a person to manage the collection

of waste material by Council, including, but not limited to bin placement at

the road edge and retrieval of bins soon after collection of contents,

cleansing of bins, storage of bins in the compound and the like.



ii) Responsibilities with regard to the ongoing maintenance of the building

and landscaped areas at the property in accordance with the plans and

details approved under this Development Consent.

iii) Responsibilities with regard to the operation maintenance of artificial

features at the property (eg water features, intercom systems, vehicle

access doors etc.) in accordance with the plans and details approved under

this Development Consent.

iv) Responsibilities for ensuring owners and/or tenants have adequate and

hygienic waste sterile, disposal and collection arrangements and for

ensuring the waste storage area is appropriately maintained and kept in a

clean and safe state at all times.

v) Responsibilities to ensure that receptacles for the removal of waste,

recycling on the designated day of collection.

vi) The Owners Corporation obligations under clauses 177, 182, 183, 184,

185 and 186 of the Environmental Planning and Assessment Regulation

2000.

vii) The Owners Corporation/Executive Committee obligations to ensure all

wastewater and stormwater treatment devices (including drainage

systems, sumps and traps) are regularly maintained in order to remain

effective. All solid and liquid wastes collected from the devices shall be

disposed of in a manner that does not pollute waters and in accordance

with the Protection of the Environment Operations Act 1997.

Reason:- to ensure appropriate documentation is submitted with any application for

subdivision of the development.

127. Consolidation of lots

The individual lots are to be consolidated into a single parcel. Written evidence of

registration of consolidation by the Land and Property Information Office is to be

submitted to Council prior to the granting of the occupation certificate.

Reason:- to ensure the whole of the land essential to the proper operation of the

development is preserved.

128. Provision of Street Numbers

A street number is to be displayed in a prominent position at the entrance to the

premises. Numbers are to be of a colour contrasting with the wall to which they are

affixed.

Reason:- to clearly identify the street number of the property.

129. Final Fire Safety Certificate

Prior to the occupation of the building, the owner of the building shall submit to the

Principal Certifying Authority (Council or Accredited Certifier), a final fire safety

certificate in relation to each essential fire safety measure specified in the fire safety

schedule, attached to the development consent or construction certificate.



Such certificate shall state that each essential fire safety measure specified:-

a) Has been assessed by a properly qualified person, and

b) Was found, at the date of assessment, to be capable of performing to a standard

not less than that required by the current fire safety schedule for the building for

which the certificate is issued.

NOTES:

1. As soon as practicable after a final fire safety certificate is issued, the owner of

the building to which it relates:-

i) Must cause a copy of the statement (and current fire safety schedule) to

be given to the Commissioner of NSW Fire Brigades, and

ii) Must cause a further copy of the statement (and current copy of the current

fire safety schedule) to be prominently displayed in the building.

2. A “fire safety measure” is defined as any measure (including any item of

equipment, form of construction or fire safety strategy) that is , or is proposed to

be, implemented in the building to ensure the safety of persons using the

building in the event of fire.

Reason:- to ensure compliance with Regulations 149 & 171 of the Environmental

Planning and Assessment Regulation 2000.

130. Annual Fire Safety Statement

The owner of any building in which fire safety measures are installed, must cause the

Council to be given an annual fire safety statement, within 12 months after the last

such statement or final fire safety certificate was issued.

The certificate shall certify:-

a) That each essential fire safety measure has been assessed by a properly

qualified person and was found, at the date of assessment, to be capable of

performing to a standard not less than that required by the current fire safety

schedule.

b) That a properly qualified person has inspected the building and has certified that,

as at the date of inspection, the condition of the building did not disclose any

grounds for a prosecution under Division C.

NOTES:

1. As soon as practicable after an annual fire safety statement is issued, the owner

of the building to which it relates:-

i) must cause a copy of the statement (and current fire safety schedule) to

be given to the Commissioner of NSW Fire Brigades, and

ii) must cause a further copy of the statement (and current copy of the current

fire safety schedule) to be prominently displayed in the building.



2. A “fire safety measure” is defined as any measure (including any item of

equipment, form of construction or fire safety strategy) that is, or is proposed to

be, implemented in the building to ensure the safety of persons using the

building in the event of fire.

Reason:- to ensure compliance with Regulation 171 of the Environmental Planning

and Assessment Regulation 2000.

131. Fire Safety Notices

The fire-isolated stairway, fire-isolated passageway or fire-isolated ramp must contain a

notice advising of “Offences relating to fire exits”. The notice shall contain the wording

prescribed by Clause 183 of the Environmental Planning and Assessment Regulation,

2000 and the Building Code of Australia.

Reason:- to comply with Clause 183 of the Environmental Planning and Assessment

Regulation 2000 and the BCA.

132. Submission of Works-as-Executed Fire Services Plan

A works-as-executed fire services plan is to be submitted to the Council prior to

occupation of the development, detailing the location of the essential fire safety

measures installed within the building premises.

Reason:- to ensure a record of the location and type of fire safety services is

documented.

133. Occupation Certificate

A person must not commence occupation or use of the whole or part of a new building

unless an occupation certificate has been issued in relation to the building or part.

The application for an Occupation Certificate must be made to the Principal Certifying

Authority (Council or an accredited certifier) using the approved form.

Reason:- to comply with the requirements of Section 109M/N of the Environmental

Planning and Assessment Act.



6-14 Park Road, Auburn



File Number: DA-150/2014/D


development and construction certificates

Application lodged 09-May-2016

Applicant Zhinar Architects

Owner Apartments On Park Pty Limited

Application No. DA-150/2014/D

Description of Land Lot 9 Sec 4 DP 982836, Lot 10 Sec 4 DP 982836, Lot 11

Sec 4 DP 982836, Lot 12 Sec 4 DP 982836, Lot 13 Sec 4

DP 982836, 6-14 Park Road, Auburn

Proposed Development Section 96(1A) application to modify condition 99 relating to

waste and recycling collection bay signage and internal head

height clearance

Site Area 2965.73m2

Zoning Zone B4 - Mixed Use Zone


donations and gifts

Nil disclosure

Heritage No

Issues Internal waste and recycling collection loading bay head

height clearance constructed at only 3m, contrary to the 4m

clearance required under Auburn DCP and as Conditioned

(Cond. 99) in the consent.

Independent Planning Assessment – suspended Councillor

SUMMARY

1. In May 2013, consent was granted to the construction of an 8 storey mixed use

development on the subject site. This consent was subsequently superseded in

September 2014, when DA-150/2014 for alterations and additions to the approved

8 storey mixed use development was approved. This included the construction of 4

additional residential levels. Construction of the building is nearing completion.

2. The approved development includes internal facilities at ground floor level (accessed

from Park Road) for the on-site collection of waste and recycling material, via a

loading bay adjacent to the commercial and residential waste and recycling storage

rooms.

3. However, the loading bay for garbage and recycling collection has not been

constructed in accordance with the consent. The entry point to the loading bay has

been constructed with a head clearance of only 3m, contrary to Condition 99 of the

consent, which specified a minimum (signposted) head clearance of 4.0m, in

accordance with Council’s DCP.



4. Council’s Development Engineer does not support the reduced headroom clearance

(as built) and the 4.0m minimum head height clearance required under the DCP has

been consistently applied.

5. The applicant has provided correspondence/documentation from waste contractor

Bingo Industries Pty Ltd advising that they are satisfied that they could service the

site for the on-site collection of waste and recyclables using vehicles with a maximum

height of 2.31m.

6. The applicant has also provided correspondence from waste contractor Veolia

advising that they could service the site for the collection of general, cardboard,

paper and comingled waste streams without blocking the roadway or footpaths.

7. It is acknowledged that the requirement for a minimum 4.0m head height clearance

to the entry point to on-site waste collection areas has been consistently applied to

developments throughout the LGA. However, in this instance, where the building has

been substantially constructed and there is no ability to increase the head clearance

to 4.0m, the 3.0m head clearance (as constructed) is supported on the strength of

the correspondence from the 2 independent waste contractors advising that they

can adequately service the site.

8. The application is recommended for approval, subject to an additional condition to

require the collection and waste and recycling for the building to be undertaken by a

private contractor.

LOCALITY PLAN

The subject land is shown in red outline.



REPORT

Introduction


The subject site is legally described as Lots 9, 10, 11, 12 and 13 in DP 982836 and has an

area of 2,965.73m2.

The site has a frontage of 63.07m to Park Road and contains a 12 storey mixed use (shop top

housing) development that has been recently constructed and is nearing completion.

Adjoining the southern side of the site is a 3 storey residential flat building and adjoining the

northern side of the site is a 6 storey residential flat building. To the rear of the site is a 5 storey

commercial/office building, as well as a multi storey mixed use buildings fronting Queen Street.

Opposite the site on the western side of Park Road is Trinity Catholic College.

The site is identified on the aerial photo below.

AERIAL PHOTO



Description of the proposed modification

Council has received an application under the provisions of Section 96(1A) of the

Environmental Planning and Assessment Act, 1979 seeking to modify conditions 1 and 99

of development consent - DA-150/2014/D as follows:

Amend condition No. 99 to reduce the required head room clearance at the entry

point to the waste collection bay from 4.0m to 3.0m.

Amend condition No. 1 to include reference to additional plans and supporting

documentation submitted with the Section 96(1A) application.

History

The Statement of Environmental Effects that accompanies the application provides a

description of the approval history of the development that is the subject of this report. This is

reproduced below:

On 23 May 2013, Development Application (DA16-2013) was approved for

demolition of existing structures and construction of 8 storey mixed-use strata

building including 98 residential units over ground level commercial premises with

3 levels of basement car parking.

On 24 April 2014, Section 96(2) (DA16/2013/A) was approved to modify basement

layout (B1-B3) and reduce floor height of ground floor.

On 19 September 2014, Development Application (DA-150/2014) was approved

for alterations and additions to approved 8 storey mixed use development including

construction of 4 additional residential levels.

On 21 May 2015, Section 96(2) (DA-150/2014/A) was approved for alterations

and additions, including a reduction in the street setback of levels 8 to 11,

subdividing a top floor apartment into two separate apartments, alteration to

balconies of apartments facing north east across Levels 5 to 11, addition of 3

parking spaces to the development and alterations to building materials and

finishes.

On 17 May 2016, Section 96(2) (DA-150/2014/C) was refused to convert the

previously approved undercover communal space of kid’s playground area and gym

to commercial space (a condition of consent requires that some of this area is

retained for resident use), and combine previously approved 3 commercial units to

1 unit.

The building has now been substantially constructed and is nearing completion. However,

contrary to Condition 99 of the consent that required a minimum head height clearance of

4.0m, the waste and recycling collection bay has been constructed with a door clearance

height of only 3.0m and an overall height of 3.45m. This reduced height means that the

collection vehicles generally used by Council’s waste contractor will not be able to access

the collection area.




The applicant has provided a Statement of Environmental Effects in support of the application,

prepared by Planning Ingenuity Pty Ltd, dated 6 May 2016 and received by Council on 9 May

2016.



properties, but there has not been a need to contact the applicant during the assessment

process.

Internal Referrals



comment who has advised that the proposed modifications cannot be supported. In this

regard, Council has consistently applied the requirement for a minimum head clearance

of 4.0m for waste collection truck access, in accordance with Auburn DCP 2010.

Planning Comments

Section 96(1A) of the Environmental Planning and Assessment Act 1979 Section 96(1A) of the Environmental Planning and Assessment Act 1979 allows Council to

modify a development consent if:-

(a) it is satisfied that the proposed modification is of minimal environmental impact.

The proposed modification is relatively minor in nature and will not result in any significant

environmental impact.

(b) it is satisfied that the development for which the consent as modified relates is

substantially the same development as the development for which consent was

originally granted and before that consent as originally granted was modified (if at

all)

The modification being sought would result in substantially the same development as that

already approved. Accordingly, the modification is considered acceptable in respect of

Section 96(1A) of the Act.

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has

made a development control plan that requires the notification or advertising

of applications for modification of a development consent



(d) it has considered any submissions made concerning the proposed modification

within any period prescribed by the regulations or provided by the development

control plan, as the case may be.

In accordance with Council’s Development Control Plan, the proposal was publicly

exhibited for a period of 14 days between 4 July 2016 and 18 July 2016. No submissions

were received.

Other Considerations

In determining an application for modification of consent, Council must also take into

consideration relevant matters referred to in Section 79C(1). These matters have been

considered in the assessment of the Section 96 Application. Following is a discussion of

matters arising in relation to section 79C(1) relevant to the proposed modification.



The proposed modification is not specifically affected by any relevant State Environmental

Planning Policies.

Regional Environmental Plans

The proposed modification is not specifically affected by any relevant Regional

Environmental Plans.


Auburn Local Environmental Plan 2010

Zoning

The subject site is zoned B4 Mixed Use under the provisions of Auburn Local

Environmental Plan 2010 (ALEP 2010). The development, as proposed to be modified,

is defined as a shop top housing development and is permissible with Council consent.

The provisions of any Environmental Planning Instruments (EP& A Act s79C(1)(a)(ii))

The proposed modification is not affected by any relevant Draft Environmental Planning

Instruments.


Auburn Development Control Plan 2010 came into force commensurate with the gazettal

of Auburn LEP 2010 and provides more detailed controls for various types of development

to support the provisions of the LEP.

In relation to the proposed modification, the relevant section of the DCP is the Waste

section that aims to facilitate sustainable waste management and minimisation practices

in accordance with the principles of ecologically sustainable development. One of the



objectives of this part of the DCP is to ensure efficient storage, access, collection of waste

and quality design of facilities. This section of the DCP sets out a range of performance

criteria and development controls in order to achieve the objectives of the DCP.

Section 2.0 of the Waste section of the DCP relates to demolition and construction and

performance criteria P5 requires that…..appropriate vehicular access is provided to enable

the removal of waste materials for reuse, recycling and/or disposal.

Section 4.3 of the Waste section of the DCP relates to the location of waste and recycling

storage facilities for commercial and industrial development (and includes the commercial

component in mixed use developments) and sets out performance criteria and

development controls aimed at ensuring that the location and design of internal waste and

recycling storage facilities can accommodate the waste and recycling service requirements

of a building. In particular, with regards to:

the size of the development and the volume of total waste generated from that

development;

convenient placement of waste storage and recycling areas or garbage and

recycling rooms;

structural capability of the driveway to carry the full load waste and vehicle;

provision for turning circles and three point turn arrangements so that vehicles

enter and leave the site moving in a forward direction;

driveway width and adequate clearance height at entrance ways of garbage

collection vehicles entering the premises;

on-site manoeuvrability for all site users; and

ensuring legality of access by the creation of an easement and private

arrangements for on-site waste collection.

Control D5 of Section 4.3 (reproduced below) specifies the following requirements for

development (including mixed commercial/residential development) that provides

facilities to allow for the on-site collection of waste and recycling:

D5 When collection vehicles are required to enter a building (to collect waste and

recycling), the following access controls apply:

Maximum grade 1 in 20 for first 6 metres from street, then 1 in 8 or 1 in 6.5

with a transition of 1 in 12 for 4 metres at lower end.

Minimum vertical clearance height required is 4.0 metres. (Note:

Clearances must take into account service ducts, pipe works, etc).

Minimum width of driveway required is 3.6 metres.

Minimum radius of the turning circle required is 10.5 metres.

Collection vehicles shall enter and exit in a forward direction.

Collection point for waste shall comply with relevant Australian Standards

for loading bays.

In accordance with dot point 2, Condition 99 of the consent was imposed to ensure that

the required minimum head height clearance to the waste and recycling collection bay was

achieved and was appropriately signposted to prevent delivery trucks from using the

loading bay. Condition 99 read as follows:

99 Waste Collection



The proposed loading bay adjacent to the basement ramp shall be used only for

waste collection. In this regard appropriate signage including head room clearance

(minimum 4.0 metres) shall be provided at the entry point. Prior to issue of the

Occupancy Certificate the Principal Certifying Authority shall ensure that the sign

has been installed.

Reason:- to prevent delivery trucks using the bay via reverse movements.

However, contrary to this condition, the loading bay has been constructed with a door

clearance height of only 3.0m and an overall height of 3.45m. This reduced height means

that the collection vehicles generally used by Council’s waste contractor will not be able to

access the collection area.

In the Statement of Environmental Effects submitted with the application, it is stated that

the reduction in height was due to structural design considerations and while the reduced

height clearance is inconsistent with the approval, in their view, the development remains

capable of being serviced for waste and recycling collection.

In support of this, the applicant has provided documentation from two (2) separate private

waste contractors, Bingo Industries Pty Ltd and Veolia, indicating that they are satisfied

that they could service the site for the on-site collection of waste and recyclables. Included

in the correspondence from Bingo Industries Pty Ltd is a specification sheet for a waste

collection vehicle (Isuzu (Euro 5) Rear Loader 8m3 Collector Series II CS Mini) that has an

overall height of 2.31m and would therefore be accommodated in the reduced 3.0m

access door height. An extract from the Specification sheet is provided below:

Figure 1: Extract showing the dimensions of the Isuzu (Euro 5) Rear Loader 8m3 Collector

Series II CS Mini vehicle.

The application is also accompanied by a loading dock plan (Drawing No. 8342 CCA 303)

prepared by Zhinar Architects that provides two cross sections of the waste and recycling

loading bay (as constructed), showing one occupied by the vehicle used by Bingo Industries

Pty Ltd and the other occupied by a vehicle used by Veolia. Both cross sections

demonstrate that these smaller collection vehicles can be readily accommodated in the

loading bay despite the reduced head height clearance. An extract from the cross sections

is provided below:



Figure 2: Extract showing cross sections of the loading bay occupied by Veolia (top) and Bingo

Industries Pty Ltd (bottom) waste collection vehicles within a 3.0m head height clearance.

Council has consistently applied the DCP requirement for a minimum 4.0m head height

clearance for on-site waste and recycling collection in order to ensure that the collection

areas can accommodate a standard collection vehicle regularly used by Council’s / Council

waste contractors. In this regard, it is noted that the operational/travel height of a ‘typical’

rear loading waste collection vehicle is indicated as being 3.5m in the DECCW’s Better

Practice Guide for Waste Management in Multi-Unit Dwellings. As such, a vehicle of this

size will not be able to use the waste collection loading bay as it has been constructed. As

a consequence, it is unlikely that Council’s waste and recycling service will be able to

service this building.

As construction of the building has been substantially completed, it is not possible to

increase the head clearance in the loading bay. Further, it would be impractical to require

partial demolition of the structure in order to try and achieve the required height clearance.

Therefore, despite Council’s consistent application of the requirement for a 4.0m head

height clearance, on the basis that the applicant has been able to demonstrate that private

waste contractors are able to adequately service the building with the reduced height, the

only practical alternative would be to allow the reduced height clearance in this instance,

subject to the requirement that the building be serviced by a private waste and recycling

contractor. Accordingly, it is recommended that an additional condition be imposed on the

(modified) consent to require the waste and recycling collection for the building to be

undertaken by a private contractor, using collection vehicles no greater in height than 2.5

metres, such as the Isuzu (Euro 5) Rear Loader 8m3 Collector Series II CS Mini, or similar.

To ensure that suitable arrangements for the collection of waste and recyclables is in place

prior to occupation of the building, details of the appointed waste and recycling contractor

would need to be provided to the Principal Certifying Authority prior to issue of the

Occupancy Certificate.

79C(1)(a)(iiia) - any planning agreement that has been entered into under section 93F, or

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

93F, and


Application.





Environmental Planning & Assessment Regulations 2000.



There is no Coastal Zone Management Plan applicable for the Cumberland (formerly

Auburn) area.


It is considered that the proposed modification will have no significant adverse

environmental, social or economic impacts in the locality.


The subject site and locality is not known to be affected by any natural hazards or other

site constraints likely to have a significant adverse impact on the proposed development.

Accordingly, the site can be said to be suitable to accommodate the proposal. The

proposed modification has been assessed in regard it its environmental consequences

and having regard to this assessment, it is considered that the modification is suitable in

the circumstances.


In accordance with Council’s Development Control Plan, the modification application was

publicly exhibited between 4 July and 18 July 2016. No submissions were received in

respect of the proposed modification.




reasonable amenity expectations of surrounding land users.

In view of the foregoing analysis it is considered that the proposed modification will have

no significant adverse impacts on the public interest on the basis that the applicant has

supplied correspondence from 2 independent waste contractors advising that they would

be able to adequately service the site, despite the reduced head clearance for access to

the waste and recycling collection bay.















and Gifts.

Conclusion

The Section 96(1A) Modification application has been assessed in accordance with the

relevant requirements of the Environmental Planning and Assessment Act 1979, Auburn

Local Environmental Plan 2010 and the Auburn Development Control Plan 2010 and is

considered to be satisfactory for modification.

The development to which the modification application relates is appropriately located

within a B4 Mixed Use zone under the provisions of the Auburn Local Environmental Plan

2000, however a variation in relation to the minimum vertical clearance height of 4.0m for

the waste and recycling collection bay under the requirements of the Waste Section of

Auburn Development Control Plan 2010 is sought.

Having regard to the assessment of the proposed modification from a merit perspective, it

is considered that the proposal modification to the minimum head height clearance to the

waste and recycling collection bay be supported, subject to the building being serviced by

a private waste and recycling contractor, using collection vehicles that can be

accommodated by the reduced head height clearance, as constructed.

For this reason, it is considered that the proposed modification is satisfactory having

regard to the matters of consideration under Section 79C of the Environmental Planning

and Assessment Act, 1979, and the consent may be modified accordingly.


That pursuant to the provisions of Section 96(1A) of the Environmental Planning &

Assessment Act, 1979, application No. DA-150/2014/D to modify conditions 1 and 99

relating to loading bay signage and internal head height clearance on land at 6-14 Park

Road, Auburn be approved and the consent amended in the following manner:

1. By amending Condition 1 to include reference to the following plans:

Ground Floor Plan – Job No. 8342 S96-H:06, Issue H, dated 27 April 2015,

prepared by Zhinar Architects.

Loading Dock – Job No. 8342 CCA 303.

2. By amending Condition 99 (as per underline and strikethrough) as follows:



99 Waste Collection

The proposed loading bay adjacent to the basement ramp shall be used only for

waste collection. In this regard appropriate signage including head room clearance

(minimum 4.0 3.0 metres) shall be provided at the entry point. Prior to issue of the

Occupancy Certificate the Principal Certifying Authority shall ensure that the sign has

been installed.

Reason:- to prevent delivery trucks using the bay via reverse movements.

3. By adding the following condition:

99a Waste Collection Service

All waste and recycling collection for the building is to be undertaken by a private

contractor, using collection vehicles no greater in height than 2.5 metres, such as

the Isuzu (Euro 5) Rear Loader 8m3 Collector Series II CS Mini, or similar.

Details of the appointed waste and recycling contractor are to be provided to the

Principal Certifying Authority prior to issue of the Occupancy Certificate.

ATTACHMENTS

Nil



Planning Proposal for 23-27 Lytton Street Wentworthville

(Northside West Clinic Site) – Post Exhibition Report

Responsible Department: Development, Environment & Infrastructure

Officer: Manager Strategic Planning

File Number: HC-23-08-20

Delivery Program Code: 5.1.1 Oversee the land use planning, design and

compliance framework for managing and facilitating

appropriate development.

9.3.1 Ensure planning and development implements

Environmentally Sustainable Design principles.

Request lodged 31 March 2015

Applicant / Proponent Willowtree Planning on behalf of

Ramsay Health Care (Australia) Ltd

Owner Healthcare Corporation Pty Ltd – a subsidiary of Ramsay Health

Care (Australia) Ltd

Company Details Ramsay Health Care (Australia) Ltd

ABN: 57 001 288 768

Level 8; 154 Pacific Highway, St Leonards 2065

Non Executive Directors

o Michael Siddle (Chairman)

o Peter Evans (Deputy Chairman)

o Tony Clark AM Pat Grier AM

o Rod McGeoch AO

o Kerry Roxburgh

o Patricia Akopiantz

o Margaret Seale

Executive Directors

o Christopher Rex (Managing Director)

o Bruce Soden (Group Finance Director)

Group General Counsel & Company Secretary

o John O’Grady

Description of Land 23-27 Lytton Street, Wentworthville

Lot 1 DP787784

Proposal summary The proposal seeks to amend the land use zoning, maximum

building height and floor space ratio affecting the Site, to enable

the expansion of the existing clinic building and services offered.

Site Area / Description

of existing use

The site is a polygon shape and has an area of 6,687m2. The site

is occupied by the Northside West Clinic, owned and operated by

Ramsay Health Care, and associated ground level car parking.

Existing Zoning and

Planning Controls

Land use zoning

Maximum building height

Floor space ratio (FSR)

R2 Low Density Residential

9m

0.5:1

Proposed Zoning and

Planning Controls

Land use zoning



R4 High Density Residential

15m

1:1





donations and gifts

Nil disclosed

Previous

Considerations

DCS028-15 Rezoning Request for 23-27 Lytton Street

Wentworthville (Northside West Clinic) – Council report and

resolution.

SUMMARY

The purpose of this report is to acknowledge and respond to submissions received during

the public exhibition of the Planning Proposal for 23-27 Lytton Street Wentworthville, being

the site of the Northside West Clinic, and is to identify the way forward for the Planning

Proposal.

Figure 1: Locality map for 23-27 Lytton Street (the Northside West Clinic)



Figure 2: Existing land use zoning for 23-27 Lytton Street and surrounds

REPORT

1. Background

Council received a request for a Planning Proposal for the property at 23-27 Lytton Street,

Wentworthville (the Site) being the Northside West Clinic (the Clinic) in March 2015. The

Clinic is owned and operated by Ramsay Health Care who is also the proponent of the

Planning Proposal. The purpose of the rezoning and other planning control amendments

is to enable the expansion of the existing health services facility through construction of a

new building and associated new health services offered involving patient rehabilitation.

This expansion will comprise the Stage 2 development of the Clinic.

A health services facility is a prohibited use in the existing R2 Low Density Residential zone.

The clinic functions under existing use rights but these rights cover the current facility and

prevent a substantial expansion. However under the Infrastructure State Environment

Planning Policy (SEPP) a health services facility is a permitted activity within an R4 High

Density Residential zoning and so this will not only secure the future of the facility on this

site but also enable its potential expansion.

The subject site adjoins an existing R4 High Density Residential zone and is in close

proximity to the Wentworthville Centre.



2. History

A summary of the history of this planning proposal is provided in the table below:

31 March 2015 Proponent lodges the Planning Proposal request for

23-27 Lytton St Wentworthville with Holroyd City Council

7 July 2015 Report on the Rezoning Request considered by Holroyd City

Council, with resolution to proceed to a Planning Proposal.

30 October 2015 Planning Proposal lodged with Department of Planning &

Environment

29 February 2016 Planning Proposal receives favourable Gateway Determination

(with conditions) and written authorisation for delegation

27 April 2016 to

25 May 2016

Public exhibition of Planning Proposal including supplementary

report.

3. Gateway Determination and Department’s Written Authorisation to Exercise

Delegation

The Planning Proposal was lodged with the Department of Planning & Environment in

October 2015. The Gateway Determination to proceed, with conditions, was made on 29

February 2016.

The conditions of the Gateway Determination were in relation to (i) consultation to be

undertaken with the community and public authorities and (ii) modification of the Planning

Proposal to include further assessments on an alternative zoning of SP2 Infrastructure

and the potential impacts of a residential development (as typical and permitted under an

R4 high density residential zoning), be undertaken. These further assessments were

completed and provided in a supplementary report to the Planning Proposal.

All documentation relevant to the Planning Proposal including the supplementary report

were made available for public exhibition.

With the Gateway Determination the Department also provided the written authorisation

to Council to exercise the functions of the Greater Sydney Commission in respect of this

Planning Proposal for the proposed amendments.

4. Exhibition of Planning Proposal

The public exhibition period for the Planning Proposal commenced on Wednesday 27 April

2016 and concluded at midnight of Wednesday 25 May 2016.

Newspaper advertisements were placed in local papers. An advertisement was placed in

the (then) Holroyd Council Corporate Page of the Parramatta Advertiser newspaper on 27

April and 11 May 2016 and of the Holroyd Sun newspaper of 12 May 2016.

Copies of all the documentation comprising the Planning Proposal were placed in the

Merrylands and Wentworthville libraries and in Customer Service area of the Merrylands

Administration building. The documentation was also made available for download through

the (then) Holroyd City Council website.



As part of the community consultation component of the public exhibition, letter

notifications were sent to adjacent landowners advising of the Planning Proposal, locations

to view the associated documentation, and how to make submissions. Letter notifications,

providing copies of all associated documentation, were also sent those public authorities

as specified in the Gateway Determination advice of the Department of Planning &

Environment.

Written submissions to the Planning Proposal were invited. Submissions could be made

by post, by email, or hand-delivered, with details of these methods provided as part of the

exhibition material.

5. Submissions Received and Response

Public Authority Submissions Received

Submissions were received from four (4) public authorities in response to the letter

notifications issued. Details of these submissions are provided below.

Endeavour Energy

Endeavour Energy had no objection to the Planning Proposal. The following advice was

provided for consideration:

The site is affected by an easement for a padmount substation. There are restrictions

on the installation of services or structures within the easement site and alteration of

the easement level.

The site is affected by overhead power lines to the road frontage.

The Holroyd Zone substation which services the existing clinic has limited spare

capacity. The expansion of the Clinic may require an upgrade to the onsite padmount

substation and associated infrastructure.

Asbestos may be present within Endeavour Energy infrastructure in this area.

Much of this information and further detail as provided in the submission is of greater

relevance to the proponent in preparing the detailed plans and works toward the

Development Application process, and for the information of Council.

Roads & Maritime Services (RMS) within Transport for NSW

RMS did not object to the Planning Proposal or the proposed development. RMS advised

that the proposed development will not have a significant traffic impact on the regional

classified road network.

Transport for NSW

Transport for NSW advised they have reviewed the Planning Proposal documentation and

they do not have any comments on the Planning Proposal.

Sydney Water

Sydney Water did not object to the Planning Proposal.



Sydney Water advised that the proposed development can be serviced from the existing

100mm mains water infrastructure, although upgrade to the mains may be required

depending on the size scale and location of any development.

Sydney Water advised that a 525mm wastewater main within the property boundary is

available for connection and that the proposed development site is traversed by a

wastewater main. Where proposed works are in close proximity to a Sydney Water asset,

the developer may be required to carry out additional works to facilitate the development

and protect that asset. The requirement for such works can be confirmed as the proposal

progresses to more detailed planning and design.

Community Submissions Received

Overview

A total of two (2) written submissions, both objections, were received through the

community consultation component of the exhibition of this Planning Proposal.

The following provides an overview of the specific concerns noted in the submissions,

followed by a response to those concerns.

Category – Truck movements for existing facility operations

Specific concerns:

Trucks arriving at and leaving the facility, utilising the steep angled driveway, in the

early hours of the morning that causes noise disturbance to nearby residences.

Response:

This existing driveway is to the southern side of the clinic building. The driveway

provides access to a carpark and loading zone area that is below the level of the

road. As a result this driveway is angled.

The driveway to the northern side of the existing building connects to a carpark and

loading zone area that is at a similar level as the road.

Another existing driveway at the southern property boundary leading into a carpark

is at a similar level as the road.

This existing driveway and its use are outside the scope of the planning Proposal.

However, Council will raise with the Clinic the concern over the (heavy) vehicle noise

occurring late at night / in the early hours for a response on how to redress this.

Category – Construction Phase – Noise

Specific concerns:

Noise generated as a result of construction related activities, (as anticipated for

Stage 2 based on the experience of the Stage 1 construction), including:

o The building works themselves.

o Workers movements - especially where vehicles are parked on the street and in

front of private residences - in moving themselves and tools/equipment between

their vehicles and the construction site.

Response:

The conditions of consent placed on any approved Development Application can

address and, if required, restrict the hours of construction activities. The standard

hours for construction activities are 7am-6pm Monday to Friday and 8am-1pm on



Saturdays. It is noted that the existing clinic is likely to continue function during the

construction works and so constitutes a ‘sensitive’ land use to construction noise.

Any redevelopment in the area, whether in relation to the Clinic or for dwellings, will

involve construction activities and associated noise that will occur for a limited period

of time – being the duration of the construction phase.

Category– Construction Phase – Traffic movements and street parking

Specific Concerns:

Increased vehicle movements on local streets.

On-street parking by construction workers, compounding existing issue of on-street

parking, in front of private residences (based on the experience of the Stage 1

construction works).

Response:

Councils Traffic Engineering section did not raise any traffic or street parking issues

specific to the construction phase – although a more general issue in relation to on-

street parking in the area was noted in their advice.

The assessment of any lodged Development Application, and associated conditions

imposed, will consider the local traffic and parking requirements during both

construction and operation of the clinic. It is noted that in the construction phase

there will be a nett reduction in on-site parking which will need to be addressed in

any future Development Application documentation.

It is possible that some on-street parking is related to use of the Lytton Street /

Finlayson Creek Park. There is an access path between the Park and Lytton Street

that is located on the southern boundary of the Clinic.

Category – Construction Phase – other issues

Specific concerns:

Blocked / obstructed footpaths.

Increased rubbish in street.

Loitering near the entry to Lytton Street Park, including at night.

Response:

A Development Consent granted to a Development Application can include

conditions to manage impacts of the construction phase of that development. These

conditions can be tailored to address specific concerns such as to keep footpaths

clear and management of waste.

Complaints can be made to Council when issues such as these require attention and

Council can require the property owner to address them accordingly.

There is an access way from Lytton Street into the Lytton Street / Finlayson Creek

Park located at the southern boundary of the Clinic. The Park and its entry are

intended to attract and be enjoyed by people. People are not prevented from using

or pausing in the area. Such activities at night may not be related to the construction

works at the Clinic.

Council can review the existing lighting in the vicinity of this access path, having

regard to the NSW Police Crime Prevention through Environmental Design principles.

Operational Phase – traffic movements, street parking.

Specific concerns:

Existing issues with street parking levels and parking in front of private residences.

Increase in local traffic generally - from Clinic and local growth generally.



Potential increase in street parking – compounding existing on-street parking issues,

including in front of private residences, by those attending the Clinic.

Response

Operation of the facility including trucks attending the facility, and the noise related

issues of these operations, should be addressed as part of the consent conditions

imposed on any approved Development Application.

Detailed plans of the new building, and assessment of these, should consider the

angle of driveways and the vehicle types using these driveways and the times of

access especially by heavy vehicles.

It will be recommended that, as designs of the new building are developed and

assessed at a Development Application stage, that the driveway to the new building

of the Clinic be kept at or close to the grade of the road. The concept design indicates

a slight change in elevation of the driveway.

The conditions of consent for any future facility may include a requirement for the

driveway to the building to be at similar level to that of the road and so avoid an

angled driveway and/or to restrict the hours during which heavy vehicles can attend

the facility during its operation to minimise noise impacts to local residents.

Detailed assessment of potential impacts including as related to traffic will be

undertaken as part of any future development application process. The Traffic Impact

Assessment report lodged with Planning Proposal Request, and the advice of

Councils Traffic Engineers indicates that the new facility could generate up to about

95 vehicle trips during peak hour. While this would be expected to have an impact

on the existing road network and capacity, confirmation of the vehicle trips and local

traffic flows as well as identification of measures to mitigate any identified impacts

will be required from the proponent as part of any future Development Application

process.

On-site car parking in basement levels is proposed as part of the new facility. The

number and layout of those spaces would be confirmed as part of any future

development application. Car parking for staff, patients and visitors would need to

be provided for in accordance with Councils Development Control Plan (DCP) 2013.

It is possible that some on-street parking is related to use of the Finlayson Street

Park area, to which there is an access path on the southern boundary of the Clinic,

and not all due to the Clinics’ operation.

The traffic and parking concerns raised in submissions will be forwarded to Council’s

Engineering Services Department for consideration in future works and plans.

Council may undertake parking surveys to assess the use of off and on street parking

and identify potential response measures.

Category – Operational Phase – Impact on Residential Area

Specific concerns:

Low-density residential area

Demand placed on public transport (crowding) and facilities – resulting from local

population growth through rezoning.

Response:

The area to the south and east of the Clinic remains zoned as R2 Low Density

Residential. There is approximately 15m separation, consisting of open space and

pedestrian path (access to Lytton Street Park), to the property to the south, and

approximately 20m separation, being Lytton Street, to the properties to the east.



The existing higher density zoning to the north (R4 High Density Residential and R3

Medium Density Residential) is to focus increases in population near existing local

centres and public transport options.

The suburb and region is undergoing substantial redevelopment and growth that will

increase population and activity.

With the proposed implementation of the Wentworthville Revitalisation Strategy,

further growth and benefit for local residents is anticipated. Infrastructure upgrades

are proposed within the Strategy to support that growth.

The planning and provision of public transport, in particular train services and bus

services, is the responsibility of State government and generally occurs in

accordance with population increases. Council is in communication with relevant

State agencies regarding population and centres growth.

A health services facility is a permissible use in an R3 Medium Density Residential

and R4 High Density Residential zoned areas under the ISEPP and as such is

considered compatible with these residential areas. Furthermore, as the Clinic is a

relatively low scale facility (in size and patient numbers), has an existing presence on

the site, the type of services proposed in the new building, and the physical

separation, its proximity to the R2 Low Density Residential areas is not considered

incompatible with those residential areas.

Category – Impact on Property Values

Specific concerns:

Potential adverse impact on property value due to expanded facility.

Response:

A number of factors affect property prices and property values, positively and

negatively. No evidence was provided in the submission that the clinic would

detrimentally impact property values in the area.

Property values are not a determining factor in strategic planning merit assessments

and subsequent recommendations.

The implementation of the Wentworthville Centre Revitalisation Strategy is to

reinvigorate the centre, encourage human activity, improve safety and promote

investment. There is the potential for the benefits of this, including increased interest

in the area and so on property values, to flow into the surrounding area.

Review of Planning Proposal

In the review of submissions received and the concerns raised, there is no single or

combination of matters that are not able to be addressed through the design of the new

facility or through the Development Application process, including conditions of consent.

Therefore, there are considered to be insufficient grounds to preclude or change the

proposed (amended) planning controls.

No alternative amendments to planning controls, such as an R3 Medium Density Zone,

lower FSR or building height, have been assessed. The proposed building height of 15m is

needed to meet the determined accommodation space for patients, and to provide for the

roof structures and is reasonable given the adjoining R4 High Density Residential zone

control (to the north). The proposed FSR is related to that building height and the zoning

as well as the intended use.



Although an R3 Medium Density Residential zone is also a prescribed zone within which

Health Services facilities are permitted under the Infrastructure SEPP, changing the

proposed zoning to R3 Medium Density Residential will not mitigate the concerns raised

in submissions, as the current and future expanded use of the site is as a Health Services

facility and not a residential apartment building, and other concerns raised would be

applicable to any construction site. Furthermore a zone of R3 Medium Density Residential

may require review (reduction) of the maximum building height and FSR to keep these

appropriate to the land use zoning; however a lower FSR and Building Height may not

achieve the outcomes sought by Ramsay Health in the new facility and so preclude that

facility. Therefore there is no basis to amend the proposed zoning of the site to R3 Medium

Density Residential, rather there may be basis to deny an R3 Medium Density Residential

zoning for the Site.

6. Conclusion

The public exhibition of the Planning Proposal to amend the planning controls affecting

23-27 Lytton Street Wentworthville concluded on 25 May 2016. Four (4) submissions were

received from Public Authorities (being RMS, Transport for NSW, Endeavour Energy and

Sydney Water) and two (2) submissions were received from members of the community.

No submission from public authorities objected to the Planning Proposal. Both

submissions received from the community objected to the proposed development that

would be enabled by the amendments to planning controls. Some concerns raised in those

objecting submissions are relevant to any construction and redevelopment activity and

others to the proposed facility; all of which can be addressed through any future

Development Application and associated conditions of consent. Some concerns raised

may be related to the use of the Lytton Street Park and associated pathway.

7. Next Steps

With the Gateway Determination, Council received authorisation from the Department of

Planning & Environment to exercise the functions of the Greater Sydney Commission with

respect of implementing the proposed changes to planning controls in relation to the

Planning Proposal for 23-27 Lytton Street Wentworthville (being the Northside West Clinic

site).

Therefore, upon Council endorsement of the recommendations in this report, Council will

finalise the proposed changes in the planning controls for the Site as an amendment to

the Holroyd LEP 2013.


That the Cumberland Independent Hearing and Assessment Panel (CIHAP):

1. Receive and note the report and outcomes of the community consultation.

2. Note Council’s compliance with the conditions of the Department of Planning and

Environment’s Gateway Determination issued (with delegations) for this Planning

Proposal in accordance with section 56(2) of the Environmental Planning and

Assessment Act 1979.



3. Recommend approval to proceed with the amendments to the controls affecting

23-27 Lytton Street Wentworthville, as nominated in the Planning Proposal. That is,

to amend the planning controls to:

a. Zoning of R4 High Density Residential.

b. Maximum building height of 15m.

c. Floor Space Ratio (FSR) of 1:1.

4. Recommend that this Planning Proposal, with the proposed planning controls as

listed in Recommendation 3, be reported to Council seeking a resolution to forward

it to the Department of Planning & Environment for finalisation.

5. Recommend that the concerns raised in the community submissions are passed to

the relevant departments within Council for action or for consideration in the

Development Application process (whichever is appropriate).

ATTACHMENTS

Nil

Cumberland Council





Planning Proposal for 11-19 Centenary Road Merrylands (St

Vincent de Paul Site) - Post Exhibition Report


Officer: Director of Development, Environment & Infrastructure




appropriate development.

8.1.1 Oversee and implement Council’s Residential

Development Strategy and appropriate housing

opportunities through land use planning.

8.2.1 Ensure housing growth is focused around centres

and planning controls do not compromise housing

affordability.

9.3.1 Ensure planning and development implements

Environmentally Sustainable Design principles.

Application lodged 29 June 2015

Applicant / Proponent Wakefield Planning on behalf of

St Vincent De Paul Society Trust NSW

Owner St Vincent De Paul Society Trust NSW

Company Details St Vincent de Paul Society Trust NSW – Parramatta Diocesan

Central Council

ABN: 91 161 127 340

73-75 Dunmore Street, Wentworthville NSW 2145

PO Box 573, Wentworthville NSW 2145

Ph (02) 8861 9700

The list of Responsible Persons for the organisation was

previously provided under Councillor Memo 010/2016

Description of Land 11-19 Centenary Road Merrylands

15 Wyreema Street Merrylands

Lot 2 DP597975

Lot 1 DP597975

Lot 19 DP2020

Lot 20 DP2020

Lot 21 DP2020

Lot 22 DP2020

Lot 23 DP2020

Lot 24 DP2020

Proposal summary Seeks to amend the land use zoning, maximum building height

and floor space ratio for the site to enable redevelopment for a

4-storey residential apartment building with basement parking.

Site Area / Description of

existing use

The subject site is at the end of a block with street frontage on

three (3) sides and has an area of approximately 4,298m2.

The site is currently occupied by the St Vincent de Paul Society

with a warehouse for sorting and storage of goods and

associated sales, and a single storey house that is used for office



/ administration. The site also contains hardstand area for

vehicle parking and loading/offloading.

Existing Zoning and

Planning Controls

Land use zoning



R3 Medium Density Residential

11m

0.85:1

Proposed Zoning and

Planning Controls

Land use zoning



R4 High Density Residential

15m

1.2:1



donations and gifts

Nil

Previous Considerations DCS001-16 Rezoning Request – 11-19 Centenary Road

Merrylands (St Vincent de Paul Society Site). Report to Council

meeting 2 February 2016.

SUMMARY

The purpose of this report is to acknowledge and respond to submissions received during

the public exhibition of the Planning Proposal for 11-19 Centenary Road & 15 Wyreema

Street Merrylands, and to identify the way forward for the Planning Proposal.

The Planning Proposal seeks to enable redevelopment of the site for a residential

apartment building, nominally of 4-storeys with basement parking.

Figure 3: Locality Map for 11-19 Centenary Road & 15 Wyreema St Merrylands



Figure 4: Current zoning of Site and surrounding area

REPORT

1. Background

The former Holroyd City Council (Council) received a request for a Planning Proposal to

amend the planning controls affecting the property at 11-19 Centenary Road & 15

Wyreema Street (the Site), being a St Vincent De Paul Society outlet and office building.

The St Vincent De Paul Society is the landowner and the proponent of the Planning

Proposal. The purpose of the rezoning request is to enable redevelopment of the site for a

residential apartment building. The proponent has noted that the current outlet function

is intended to be relocated to a new site in the area.

2. History

A summary of the history of this Planning Proposal is provided in the table below:

29 June 2015 Planning proposal lodged with Holroyd City Council.

2 February 2016 Planning Proposal request reported to Council meeting and

resolution to proceed with Planning Proposal.

8 March 2016 Planning Proposal lodged with Department of Planning &

Environment for Gateway Determination.

26 April 2016 Gateway Determination received and written authorisation to

exercise delegation approved by Department of Planning &

Environment.

11 May 2016 –

8 June 2016

Public Exhibition of Planning Proposal.



3. Gateway Determination and Department’s Written Authorisation to Exercise

Delegation

The Planning Proposal was lodged with the Department of Planning & Environment in

March 2016. The Gateway Determination to proceed, with conditions, was made in April

2016. The conditions of the Gateway Determination were in relation to the consultation to

be undertaken with the community and the specified public authorities as part of the public

exhibition of the Planning Proposal.

With the Gateway Determination the Department also provided the written authorisation

to Council to exercise the functions of the Greater Sydney Commission in respect of this

Planning Proposal for the proposed amendments.

4. Exhibition of Planning Proposal

The public exhibition period for the Planning Proposal commenced on Wednesday 11 May

2016 and concluded at midnight of Wednesday 8 June 2016.

Newspaper advertisements were placed in local papers. An advertisement was placed in

the (then) Holroyd Council Corporate Page of the Parramatta Advertiser newspaper on 18

May and 25 May 2016 and of the Holroyd Sun newspaper of 12 May 2016.

Copies of all the documentation comprising the Planning Proposal were placed in the

Holroyd and Wentworthville libraries and in the Customer Service area of the Holroyd

Council Administration building. The documentation was also made available for download

through the (then) Holroyd City Council website.

As part of the community consultation component of the public exhibition, letter

notifications were sent to adjacent landowners advising of the Planning Proposal, locations

to view the associated documentation, and how to make submissions. Letter notifications,

providing copies of all associated documentation, were also sent those public authorities

as specified in the Gateway Determination advice of the Department of Planning &

Environment. These specified public authorities were Roads and Maritime Services (RMS)

and Sydney Water.

Written submissions to the Planning Proposal were invited. Submissions could be made

by post, by email, or hand-delivered, with details of these methods provided as part of the

exhibition material.

5. Submissions Received and Response

Public Authority Submissions Received

Submissions were received from two (2) public authorities in response to the letter

notifications issued. Details of these submissions are provided below.

Sydney Water

Sydney Water did not object to the Planning Proposal.

Sydney Water advised that the potable water main available for connection to the Site is

the 150mm main on the western side of Centenary Road.



They advised that the wastewater main traversing through the site is also available for

connection. Where proposed works are in close proximity to a Sydney Water asset the

developer may be required to carry out additional works to facilitate the development and

protect that asset. Subject to the scope of development, servicing options may involve

adjustment/deviation and or compliance with the guidelines for building over / adjacent

to Sydney water assets.

Further advice can be provided as part of later detailed application and design processes.

Roads and Maritime Services (RMS)

RMS did not object to the Planning Proposal subject to all vehicular access to the site being

via Wyreema Street only, as Centenary Road forms part of the Liverpool to Parramatta

Transitway and vehicular conflict on this route should be minimised as far as possible. It

is noted that the Planning Proposal request documentation allows for this limitation, with

access proposed via Wyreema Street and/or Alderney Road.

RMS also stated that Council should give consideration to the cumulative traffic impact of

current and future traffic generating development proposals within this precinct on the

existing signalised intersection of Centenary Road and Merrylands Road (non-classified

regional roads under the care and control of Council) which is currently at capacity. In this

regard, Council should consider investigating the feasibility of improvements to this

existing signalised intersection to accommodate the additional demand and appropriate

funding mechanism.

The RMS advice has to been forwarded to Councils’ Engineering section for consideration

and action as appropriate. The Holroyd Development Control Plan (DCP) 2013 identifies

the future widening of Merrylands Road at this intersection. It is noted that the traffic study

undertaken during the Medium Density Zoning Review in 2014 identified that the

Centenary Road / Merrylands Road intersection was at capacity and recommended

improvements which would be included in the Section 94 Capital Works program review.

Works on the intersection itself could not be attributed to localised growth and so would

need to be funded by Council and RMS.

Community Submissions Received

Overview

One (1) written submission was received through the community consultation component

of the public exhibition of this Planning Proposal.

This submission objected to, and outlines the authors’ concerns in respect of, two current

residential proposals, being this Planning Proposal and a current Development Application

(DA) for 5-7 Centenary Road & 10-12 Wyreema Street Merrylands. The location of this DA

is immediately south of this Planning Proposal Site. The DA is for a 5-storey residential

apartment building comprising 36 units and two (2) levels basement car parking. This DA

was lodged with Council in May 2016 and is under assessment.

The concerns within the submission specific to this DA will be considered in the separate

assessment of that DA. The concerns in relation to the Planning Proposal and the Council

response are provided below.



The submission refers to three buildings, of which one is identified as being on the corner

of Centenary Road / Merrylands Road. It is presumed that (2) two of these buildings are

within the sites of the Planning Proposal and previously mentioned DA. The third building

may be referring to another earlier DA, for 3 Centenary Road & 479 Merrylands Road. That

DA, for a (part) 4-storey and (part) 6-storey residential apartment building containing 36

units with basement car parking, was conditionally approved in May 2016. Alternatively,

the third building may be referring to a separate DA for the construction of a 5-storey

apartment building containing 36 units for the site at 4-6 Centenary Road, was approved

in September 2015 and works for that development have commenced. This development

is located diagonally opposite the subject Site.

The three (3) above sites with development approved or under assessment have FSRs of

1.8:1 or 2.0:1.

A map identifying these four (4) sites is provided below for context (Figure 5), with the Site

of the Planning Proposal being the larger and bound by Alderney Road, Centenary Road

and Wyreema Street. The three (3) sites of the DAs are located to the immediate south

(bound in green and in yellow) and diagonally opposite (to the south-west) (bound in blue).

The proposal is for a lower FSR and therefore density of development than the sites to the

south. The combined area of the two DA sites to the immediate south (being at 3 Centenary

Road and5-7 Centenary Road) is approximately 2,788 m2, and is to support 72 units. The

site of the Planning Proposal has an area of about 4,298m2 and at 1.2:1 FSR would

support an estimated 48-58 units. Therefore the site of the Planning Proposal will be less

densely built than the sites of those developments to the immediate south.



Figure 5: Sites for the Planning Proposal and the Development Applications for residential apartment

buildings

The following provides an overview of the specific concerns noted in the community

submission, followed by the response to those concerns. All concerns are related to the

completed building and its occupation, and none relate to the construction phase of the

development.

Category – Visual impact and appropriateness of location

Specific concerns:

Visual impact and appropriateness of a residential apartment building on the quiet

residential street.

Tall apartment buildings better located near strategic locations such as a main

shopping centre or train station.

Response:

Centenary Road is an important transport route supporting 4-lanes of traffic. The

proposed building footprint and site layout has the residential building positioned

towards Centenary Road, with the narrow portion (side) facing the two side streets of

Alderney Road and Wyreema Street.

The site is located within walking distance of the Liverpool to Parramatta Transitway,

public buses to the Merrylands interchange, and to the Merrylands West local centre.

Therefore the site is in an appropriate location to local services and the increased

local population may increase trade at that local centre.

The proximity of the local centre, the planned or under construction residential

apartments to the immediate south fronting Centenary Road, and the Centenary

Road activity, will integrate any future development proposed on this Site with the



growing centre i.e. this development would not be an ‘island’ surrounded by low

density development.

The proposal contains a maximum height of buildings control of 15m (4 storeys). This

is a relatively modest building height and will provide a height transition between the

greater building heights to the south to the Local Centre and the R3 Medium Density

Residential development to the east and north of the Site (noting this is at present

predominantly developed as low density residential, with future redevelopment

possible at higher densities).

The topography of the site slopes downwards from east to west; therefore perception

of building height looking from the east towards Centenary Road can be mitigated.

Any future DA will provide further details of the visual appearance, setbacks, finish,

landscaping and other appearance and amenity related aspects of the building and

its surroundings. Such details of the development will need to be in compliance of

the Holroyd Development Control Plan (DCP 2013), against which any application will

be assessed.

Any future DA will also be assessed against the State Government’s State

Environmental Planning Policy 65 (SEPP65) Design Quality of Residential Apartment

Development, including the Design Quality Principles, and the associated Apartment

Design Guide.

Any development consent granted to a DA can impose conditions to manage and

mitigate potential impacts of a development to neighbouring properties.

Category – Traffic levels.

Specific concerns:

Cumulative impact to existing high traffic levels and congestion on Sherwood /

Centenary Roads and Merrylands Road.

Response

At this location both Centenary Road and Merrylands Road are identified as non-

classified Regional Roads by RMS. As such they provide important road network

connections between the main arterial network and local roads. It is expected that

these two roads shall continue to support significant and increasing traffic loads.

Council works in conjunction with RMS to manage and upgrade Regional Roads.

Further assessment of the potential impact of a residential apartment building on

this Site will be undertaken on receipt of any future DA documentation including

the anticipated contribution to traffic loads.

RMS provided comments to Council on this Planning Proposal that recognises the

existing traffic pressures and the cumulative effect of further development affecting

the Centenary Road / Merrylands Road intersection. The future widening of

Merrylands Road at this intersection is planned for within the Holroyd DCP 2013.

Category – Modification of proposed development

Specific concerns:

The submission requests modification of the proposed development to a 3-storey

building, with balconies only permitted for units facing Centenary Road to avoid

concerns over privacy.

Response:

The Holroyd DCP 2013 and the State legislative planning instrument SEPP 65 Design

Quality of Residential Apartment Development and associated Apartment Design



Guide provide the minimum requirements for building design and quality including in

relation to balconies, building setbacks and landscaping in order to protect and

maintain residential amenity. Detailed assessment of formal plans for a specific

development submitted as part of any future DA will consider issues such as privacy

for adjacent lots, and the visual appearance / impact of the building. This

assessment will be made with regard to the Holroyd DCP 2013 and SEPP 65.

Conditions may be imposed as part of any development consent in order to mitigate

any negative impacts and to improve amenity outcomes.

The Planning Proposal and earlier Council Report on the Planning Proposal Request

identified the merits in amending the controls as proposed for a 15m maximum

building height. These merits were:

o Provides a clear transition between (i) the R4 High Density residential land

having a maximum building height of 15m and 21m to the south (beyond

Wyreema St) to

(ii) the R3 Medium Density Residential land with maximum building heights of

9m to the east and north.

o Appropriateness for higher density housing given the site faces the major

transport route of Centenary Road and its intersection with Merrylands Road.

o Walking distance to public transport (Liverpool to Parramatta Transitway, bus

services on Merrylands Road connecting to the Merrylands Interchange) and the

Merrylands West local centre.

o The topography of the site slopes downwards from east to west. As a building

height is taken from the ground level, the perception of building height on the

Site looking from the east towards Centenary Road could be mitigated by the

lower topography.

There are three (3) major residential apartment building developments in progress

(at different stages) to the immediate south and diagonally south-west of this Site.

Those developments are for 4- to 6-storey buildings but at a higher FSR. Therefore

these developments, although each supporting a lower number of dwellings in total,

will be contained on a smaller site and so the building would be expected to have a

greater visual presence than the development proposed on the subject Site.

Issues in relation to a 3-storey height limit for the Site are:

o There will be a reduced dwelling yield from the 48 dwellings indicated under the

current proposal.

o The visual transition between the local centre and Merrylands Road / Centenary

Road intersection and to the residential areas to the north and east may not be

as distinct, particularly if those residential areas redevelop in accordance with

the current controls.

A 4-storey, 15m maximum building height, residential building is modest structure

and not considered a tall building in the current and planned context near the local

centre and

T-way station.

The proposed development is compatible with the development that is in progress

and proposed on that section of Centenary Road between the site and Merrylands

Road.

Review of Planning Proposal

The amendments to controls per the Planning Proposal were considered in view of the

submission received and the points made in the response to that submission.



The community submission had two parts, being (i) to restrict balconies to those

apartments facing Centenary Road and (ii) to restrict the building height to 3-storeys, which

would have a corresponding maximum building height control of 12.5m. However, the

privacy concerns underlying this suggestion can be addressed through building design.

Restriction of the building height to 3-storeys may have negative implications for the

development and the immediate area as outlined above.

This Site is considered appropriate for a 4-storey apartment building at 15m (maximum

building height) given the site faces the major traffic route of Centenary Road, the nearby

higher residential apartment building developments (proposed or under construction)

being of greater density, and the proximity of the local centre and public transport services.

This Site will also extend the transition between the higher development potential of the

Centenary Road / Merrylands Road intersection and Merrylands West Local Centre to the

adjacent lower density residential areas to the north and east of the Site. Perception of

bulk or size of the development is tempered by the lower FSR (compared to the nearby

residential apartment development), by the topography, and the implementation of design

quality requirements of the Holroyd DCP 2013 and SEPP 65.

Therefore, the Planning Proposal nominated amendments to the controls for the Site,

being to amend the land use zoning to R4 High Density Residential, FSR of 1.2:1 and

maximum building height of 15m, are recommended for adoption.

6. Conclusion

The public exhibition of the Planning Proposal to amend the planning controls affecting

11-19 Centenary Road & 15 Wyreema Street Merrylands concluded on 8 June 2016. Two

(2) submissions were received from Public Authorities and one (1) submission of objection

was received from the community which also suggested an alternative development

scenario.

The consideration of the community submission prompted the review of the amendments

proposed in the Planning Proposal. It is determined that there is insufficient merit to the

alternative development scenario, and that the best outcome can be achieved by retaining

the amendments as per the Planning Proposal and the application of the Holroyd DCP

2013 and SEPP 65.

7. Next Steps

With the Gateway Determination, Council received authorisation from the Department of

Planning & Environment to exercise the functions of the Greater Sydney Commission with

respect of implementing the proposed changes to planning controls in relation to the

Planning Proposal for 11-19 Centenary Road & 15 Wyreema Street Merrylands.

Therefore, upon a favourable Council resolution of the report recommendations, Council

will finalise the proposed planning controls changes for the Site as an amendment to the

Holroyd LEP 2013.




That the Cumberland Independent Hearing and Assessment Panel (CIHAP):

1. Receive and note the report and outcomes of the community consultation.

2. Note Council’s compliance with the conditions of the Department of Planning and

Environment’s Gateway Determination issued (with delegations) for this Planning

Proposal in accordance with section 56(2) of the Environmental Planning and

Assessment Act 1979.

3. Recommend proceeding with the amendments to the controls affecting 11-19

Centenary Road & 15 Wyreema Street Merrylands, as nominated in the Planning

Proposal. That is, to amend the planning controls to:

a. Land use zoning of R4 High Density Residential.

b. Maximum building height of 15m.

c. Floor Space Ratio (FSR) of 1.2:1.

4. Recommend that this Planning Proposal, with the proposed planning controls as

listed in Recommendation 3, be reported to Council seeking a resolution to forward

it to the Department of Planning & Environment for finalisation.

ATTACHMENTS

Nil

Cumberland Council





Planning Proposal Request for 37-39 Pavesi Street,

Smithfield


Officer: Heidi Bischof




appropriate development

8.1.1 Oversee and implement Council’s Residential

Development Strategy and appropriate housing

opportunities through land use planning

8.2.1 Ensure housing growth is focused around

centres and planning controls do not compromise

housing affordability

Application lodged 4 March 2016

Proponent Landcorp Australia Pty Ltd

Owner Merinos Investments Pty Ltd

Description of Land 37-39 Pavesi Street, Smithfield

Lot 36 DP 10958

Proposal Rezoning of the site from IN2 Light Industrial to R2 Low

Density Residential to facilitate multiple semi-detached/dual

occupancy development

Site Area 8,103m2

Zoning IN2 Light Industrial

Heritage Adjacent to heritage item


donations and gifts

Nil disclosure

Previous Considerations Nil

SUMMARY

A request to prepare a Planning Proposal for 37-39 Pavesi Street, Smithfield was

submitted to Council on 4 March 2016.

The proponent is requesting to rezone the site from IN2 Light Industrial to R2 Low Density

Residential to facilitate dual occupancy development. A 9m building height, 0.5:1 FSR and

410m2 minimum lot size are also sought.

The purpose of this report is to provide a strategic merit assessment of the proposal, to

establish whether it should proceed to Gateway. On the basis of the assessment it is

recommended that Council proceed with the planning proposal subject to modifications to

the proposed minimum lot size and proposed concept & road design.



LOCALITY PLAN

The subject site is shown in the figure below.

REPORT

Introduction


The site is 0.8 ha in area and is located in Smithfield on the edge of the IN2 Light Industrial

zone, adjacent to the R2 Low Density Residential zone. The site currently contains warehouses

which are used for the storage of rugs.

The site is shown in the following aerial photo.



Description of the proposal

Council has received a planning proposal request to rezone the subject site from IN2 Light

Industrial to R2 Low Density Residential to facilitate dual occupancy development. A 9m

building height, 0.5:1 FSR and 410m2 minimum lot size are also sought.

Proponent’s Supporting Documentation

The proponent has provided supporting documentation prepared by Willana Associates dated

4 March 2016. This documentation is included in Attachment 1.


The assessing officer has been in regular contact with the proponent throughout the

assessment process.

Strategic Merit Assessment

Proposed land uses and strategic context

The site is zoned IN2 Light Industrial under Holroyd LEP 2013. The proposal seeks to

change the current IN2 Light Industrial zoning to R2 Low Density Residential, consistent

with the R2 zone the site currently adjoins. The proposed zoning map is provided in

Attachment 2.

Rezoning of the site from light industrial to residential and commercial uses is broadly

consistent with both Council and State Government policy regarding land use and

development in the particular circumstances of this site.



The proposal would result in the creation of approximately 22 new residential dwellings on

11 lots, according to the accompanying concept plan.

The proposal also includes the following amendments to planning controls under Holroyd

LEP 2013:

Amending the HLEP 2013 Floor Space Ratio Map FSR_006 to include the Site as

having a maximum floor space ratio of 0.5:1

Amending the HLEP 2013 Height of Building Map HOB 006 to identify the Site as

having a maximum height of building of 9m

Amending the HLEP 2013 Lot Size Map LSZ 006 to change the minimum lot size

from 1200m² to 410m²

The proposed FSR and building height are consistent with those for the R2 Low Density

Residential zone. However, a minimum lot size of 410m2 would be inconsistent with the

minimum lot size for the R2 zone under Holroyd LEP 2013, which is 450m2. It would also

be inconsistent with the controls of Holroyd DCP 2013, which indicates a minimum lot size

for attached dual occupancy development of 500m2 for the R2 zone and 450m2 for the

R3 zone.

The proposal states that lots would be 450m2 (each to be subdivided into 2 x 225m2 lots),

which satisfies the requirements of Part B, Clause 3.1 C2 of Holroyd DCP 2013 that would

normally apply to the R3 Medium Density Residential zone. Council’s earlier advice to the

proponent indicated that the minimum lot size for the R3 zone would be acceptable for

this site as it would allow for development of a comparable density to the R2 zone of 25

dwellings per hectare (gross density), albeit at the upper end of what would be considered

‘low density’. It should be noted however, that the site is in relatively close proximity to the

Liverpool-Parramatta Transitway, and therefore could theoretically accommodate a slightly

higher (medium-low) density of development.

Built form and density

Each Torrens title lot would have a minimum area of 225m2 (i.e. 450m2 prior to

subdivision). This is consistent with an overall net density of 25 dwellings per hectare.

While the Planning Proposal Report claims that this is consistent with an overall net density

of 25 dwellings per hectare, the proposal would allow for 22 dwellings within the subject

site, which equates to 27 dwellings per hectare.

Development Control Plan

The proponent submitted a draft site-specific DCP in support of the proposal. This has been

assessed by Council’s Development Services section and the following comments are

provided.

The majority of proposed DCP controls are identical to or essentially the same as

existing controls included in Holroyd DCP 2013 and are not necessary to effect the

residential development of the land.

Control no. 4 proposes a minimum lot size of 410m2. However, the rationale for a

site specific minimum lot size of 410 m2 is unclear. If this is to allow for the apparent

smaller size of two of the 11 lots, then this is an indication that the proposed density



of the site is too high and needs to be reduced. If a low density is considered

appropriate for this site, the prescribed minimum lot size should be 450m2 and the

existing Holroyd DCP residential controls can be readily applied. If a variation to the

minimum lot size is sought this could be considered on merit pursuant to a Clause

4.6 request to vary the standard under Holroyd LEP 2013.

The proposed lot layout would be subject to a detailed merit assessment at DA

stage. This can include indicative building massing at the subdivision stage to

demonstrate adequate solar access opportunities.

Applying conventional subdivision design principles, the proposed lot layout with a

slight NE-SW orientation is unlikely to maximise solar access opportunities and as

such, should not be supported as a preferred or indicative lot layout.

In the absence of a proposed public road Community title subdivision is considered

to be the only option for the site.

In summary, Council does not support the proposed minimum lot size of 410m2 nor the

proposed subdivision plan. Following any rezoning of the subject site, a revised subdivision

plan would need to be prepared and submitted at DA stage in accordance with the controls

of Holroyd DCP 2013. As such, it is considered that a site-specific DCP is not warranted for

this site.

Social Impact Assessment

The proposal includes a comprehensive review of the development’s consistency with

planning strategies and its potential impact on a range of relevant factors, including local

amenity (noise, construction impacts), community identity and connectedness, crime and

safety, economic benefits, impacts on cultural values and local facilities, health and social

equity.

The proposal identifies a number of major positive impacts, including:

Provision of needed housing consistent with the housing targets established in the West

Central Sub-region section of the metropolitan strategy

Provision of needed housing for the current/future employees in the West Central Sub-

Region

Improved housing affordability consistent with the need for more affordable housing in

the Region

Improved safety in the locale from the additional passive surveillance provided by new

residents

Short term employment generation (for trades businesses during construction) and on-

going benefits to local businesses from the spending of new residents

Potential for enhanced active and passive recreation due to the proximity of Tom Uren

Park

Only minor negative social impacts are identified in the proposal, including minor

residential amenity impacts during construction and traffic impacts.

It is agreed that, in terms of housing, employment, social cohesion and enhanced use of

local infrastructure, the proposal’s social impacts will be mainly positive.



Economic Impact Assessment

An Economic Impact Assessment report in support of the proposal was prepared for the

proponent by Colliers International. The report indicates that the rezoning of the subject

site would have a minor impact on the supply of employment land in the West Central

region, the Cumberland Council and even the Smithfield Industrial Precinct, with the

subject site representing less than 0.1% of the total employment land within the Holroyd

LGA and just 0.0148% of stock in the West Central region (i.e. developed and undeveloped

zoned employment land stock). Additionally, while it is contiguous to the successful

Smithfield Industrial Precinct, the subject site’s relevance as an industrial concern has

been permanently undermined, owing to site-specific constraints. A traffic control device

positioned immediately to the west of the subject site has restricted access to the site for

larger commercial vehicles. Direct access to the Cumberland Highway, which is a major

north-south arterial road and the main connector to the Sydney Orbital Road System from

Smithfield, from the site has been severed. Given that the majority of industrial-based

operations require a large commercial vehicle, the usefulness of the subject site from an

industrial perspective has been considerably reduced.

As a result, access to the site is obtained via an indirect route, using ‘local’ roads which

are not entirely suitable for large vehicles – via Fairfield Road (from Woodpark Road) or via

Sturt Street, McCredie Road and then Fairfield Road. Compared to adjoining properties,

the connection between Cumberland Highway and the subject premises is indirect and

improvised, meaning that the site is inferior from an industrial perspective. Moreover, it is

also apparent that there are pinch-points along the Sturt Street and McCredie Road route

which are not ideal for large vehicles and present potential safety implications for other

vehicles and users of the road.

As a result of the site access issues, the subject site was on the market for two years, and

development applications for permissible uses including a mosque and industrial complex

were not supported by Council because of the negative economic, environmental and

amenity impacts that these uses would have on the existing (adjoining) residential

dwellings. Overall, it was considered that the proposed uses would reduce the value of

adjoining residential lands. Therefore, while already compromised by the traffic control

device, these rejections further undermined the site’s value as an industrial premise.

The proposal would create a 20 metre buffer between residential development to the east

and light industrial uses to the west, providing sufficient separation to mitigate the

negative externalities created by industrial operations. As such, it will preserve the

relevance of remaining industrial provision within the Smithfield Industrial Precinct.

Additionally, the report argues that the Smithfield region is in dire need of more housing

supply and diversity. As such, the proposed residential rezoning is to be viewed as an

addition to the existing residential neighbourhood, enhancing and promoting additional

housing stock and typology mix.

It may be considered that the proposal is partially inconsistent with the Section 117

Direction 1.1 Business and Industrial Zones, specifically requiring a planning proposal to

‘retain the areas and locations of existing business and industrial zones’. However, given

the access issues created by the traffic control device, the existing residential development

directly opposite the site and within 1m of the site’s eastern boundary, it can be argued

that the site is not suitably located for employment (industrial) uses. Additionally, by



establishing a substantial buffer between industrial and residential uses the proposal

would support and enhance the protection of employment land in the Smithfield-Wetherill

Park industrial precinct. In this regard, the partial non-compliance with this direction can

be considered acceptable.

While the report acknowledges the continuing value of the Smithfield-Wetherill Park

employment precinct, and the loss of employment land that would occur as a result of the

proposal, the negligible extent of this loss combined with the specific unique

circumstances of the subject site regarding access issues, it is considered that the

proposal could be supported from an economic standpoint.

Traffic & Transport

A Traffic and Parking Assessment Report prepared by Varga Traffic Planning was submitted

with the planning proposal request.

There is an existing chicane located on Pavesi Street immediately to the west of the subject

site, preventing heavy vehicle access to/from Fairfield Road. The site is the only industrial-

zoned property east of the chicane. The proposal would therefore remove any industrial

traffic from the eastern side of the chicane, enabling the chicane to separate all industrial

traffic from residential traffic.

The proposal would result in a net increase of 7.7 peak hour vehicle trips, which would not

have a significant impact on the road network.

While the proposal is acceptable in terms of the proposed change of land use, there are

two concerns regarding the proposed road design. The swept paths provided in the

proponent’s traffic report demonstrate that service vehicles cannot negotiate the bends

without using the entire width of the carriageway, which is not acceptable. Additionally, the

proposed turning arrangement for service vehicles is located along the middle of the road

in front of two proposed dwellings, which is also not acceptable. Provision for turning of

these vehicles would need to be relocated to the end of the road. As such, the proposed

road design would not be supported at DA stage, and the concept would need to be revised

to address these concerns.

The proposed parking provision is 44 spaces, which is consistent with Council’s

requirements for dual occupancy development of two spaces per dwelling. The provision

of ten on-street parking spaces is proposed, which meets the required rate of 1 space per

3 dwellings.

It is noted that the proponent is proposing to dedicate the new road to Council. There is

some concern with this, primarily in that the neighbouring industrial property could legally

gain access to this road, which would not be supported by Council. An alternative option is

that the development be community title. It is recommended that this matter be reported

to Council’s Traffic Committee for consideration.

The site has good proximity to public transport. It is located in close proximity to the

Liverpool-Parramatta Transitway and is approximately a 500m walk from the Woodpark

transitway station.



Pedestrian access to and from the site is poor, with only one access point on Pavesi Street.

The Sydney Water pipeline prevents access to the north. In addition, the cul-de-sac setting

of adjacent development, and multi-dwelling housing prevents access from the east.

Heritage

The subject site is adjacent to the water supply pipeline that connects the Prospect

Reservoir to ‘Pipehead’ at Frank Street, Guildford. ‘Pipehead’, the pipeline, Greystanes

aqueduct, lower canal and other associated structures are considered to be items of state

heritage significance. The pipeline is located along the northern boundary of the site. The

system is no longer active but represents a significant technical development of the early

20th century that supported the urbanisation of Sydney as part of the water supply system.

For the length of the pipeline traversing Smithfield and Guildford the common interface is

the open space of properties containing detached dwellings or high and medium bay

height industrial and warehouse developments. The land occupied by the pipeline is

inaccessible to the general public and forms a dominant visual element in the view of

people observing it from either side of the corridor. The subject site is currently occupied

by a medium height (in the order of 6m) warehouse building occupying approximately 25%

of the site area. The area adjacent to the boundary shared with the item is occupied by

parking and storage.

The proposed concept consists of low-density housing, access ways and planting, primarily

located along the eastern boundary with an attached 2-storey dual occupancy located

approximately 4m from the shared boundary. Within the corridor, adjacent to the shared

boundary, trees are the dominant visual element. The proposal includes further planting

of trees on the subject site along the western boundary.

Visibility of the proposed residential development from within the corridor would be

minimal, and regardless the corridor is inaccessible to the public. As such, the proposal

would not alter the context or views of the pipeline and would therefore have no adverse

impact on its heritage significance.

Ecological issues

An Arboricultural Impact Assessment was submitted with the proposal. This assessment

includes a survey of trees within the site and a plan showing trees to be

retained/protected. The assessment was reviewed by Council’s Landscape Technical

Officer and is considered acceptable on the basis that any future subdivision and

development proposal would be subject to standard DCP landscaping requirements and

incorporate the tree protection plan submitted with the rezoning request.

Flooding & Stormwater Management

The subject site is not subject to flooding, therefore no flood controls apply.

There are no issues relating to stormwater management that would prevent the site being

rezoned for residential purposes. Council’s On-site Detention Policy and Section 7 of

Holroyd DCP 2013 would apply to the proposal, requiring any future residential

development to minimise stormwater runoff from the site through on-site detention of

stormwater and water-sensitive urban design.



Contamination

A Detailed Site Investigation was prepared by Environmental Investigations dated 20

January 2016. The abovementioned report is following on from a previous Stage 1

Preliminary Site Investigation undertaken by Consulting Earth Scientist dated August

2014.

The report follows the requirements of SEPP 55, NSW EPA Guidelines for Consultants

Reporting on Contaminated Sites, and the National Environmental Protection Measure

(NEMP) (2013 Amendment). In addition the report includes conceptual site modelling as

well as a Sampling, Analytical & Quality Plan (SAQP).

The report has made a number of findings concerning asbestos fibres in soil and

contamination of soil and groundwater with heavy metals and other chemicals. The report

also identifies several data gaps which will require further investigation.

The report provides a series of recommendations, which are summarised as follows:

Prior to the site demolition, carry out a Hazardous Materials Survey;

Prepare and implement a Remedial Action Plan;

Undertake supplementary investigations, and subsequent remediation/validation

works on the site; and

Prepare a Validation Report that certifies the site suitability of the soils and

groundwater for the proposed land use.

Subject to the recommendations of the Detailed Site Investigation being adhered to, the

site may be suitable for the proposed land use.

Noise

An Acoustic Assessment was prepared by Acouras Consultancy dated 18 February 2016.

This report has been prepared on the basis that 22 dual occupancy dwellings will be

approved for the subject site.

The report has been prepared in accordance with the NSW EPA Industrial Noise Policy with

unattended noise monitoring occurring from 12th to 18th of November 2015. The report

also provides comments regarding the sound insulation requirements as outlined in Part

F5 of the Building Code of Australia.

Section 3 of the report provides comments and recommendations regarding the façade

glazing, building façade and mechanical services requirements should the proposal

proceed.

The Acoustic Assessment provides in principal support for a proposed 22 dual occupancy

development. However, this report may require amendment if any design requirements

are altered should this proposal proceed to a development approval.

The proposed concept includes the following measures to minimise any potential noise

impacts on new residential dwellings:



12.7m-wide road reserve along western boundary to include a minimum 2.4m wide

continuous landscaped strip and high noise wall.

Increase in distance between residential dwellings and the industrial zone from less

than 1m to 20m.

Additionally, the existing chicane east of the site access road ensures that there is no

movement of heavy vehicles past the site, which also minimises any potential noise

impacts on new residential dwellings.

Hazard & Risk

A Risk Assessment was prepared by Scott Lister dated 23 December 2015. The purpose of the

Risk Assessment was to assess the hazard and risk screening from adjoining sites that may

impact on the subject premises being 37-39 Pavesi Street, Smithfield.

It is noted that dangerous goods are distributed by one of the industrial premises in close

proximity to the site. However, the Risk Assessment concludes that any rezoning of the land

shouldn’t be impacted on the basis of hazard and risks associated from neighbouring industrial

premises.

Public benefits & essential infrastructure

The proposal would be subject to Section 94 Development Contributions to facilitate the

delivery of local infrastructure to meet the demand generated by new development. There are

various mechanisms under the Environmental Planning and Assessment Act 1979 through

which this infrastructure could be delivered, including a Voluntary Planning Agreement (VPA)

between the proponent and Council, which may be considered as an alternative to Council’s

Section 94 Plan for delivery of particular infrastructure elements included in the Plan’s

schedule of works.

Conclusion

The request for the rezoning of 37-39 Pavesi Street, Smithfield from IN2 Light Industrial to

R2 Low Density Residential has been assessed in accordance with the State Government’s

‘A guide to Preparing Planning Proposals’.

On the basis of Council’s strategic merit assessment of the proposal, it is recommended

that Council proceed with preparing a planning proposal subject to modifications to the

proposed minimum lot size and the proposed concept & road design.


1. That Council proceed with the preparation of a Planning Proposal for 37-39 Pavesi

Street, Smithfield, which proposes to rezone the site for R2 Low Density Residential,

with the following planning controls:

A maximum floor space ratio of 0.5:1

A maximum building height of 9m

A minimum lot size of 450m2

2. That a revised concept be provided prior to public exhibition, incorporating the

following:



Revised road design that ensures service vehicles can move safely along the

entire length of the road

Revised turning arrangement for service vehicles, located at the end of the

road

A minimum lot size of 450m2

3. That, prior to public exhibition, the revised road design be reported to Council’s

Traffic Committee along with the proposal to dedicate the new road to Council, for

the committee’s consideration.

ATTACHMENTS (to be circulated to Panel Members under separate cover)

1. Proponent’s supporting documentation

2. Proposed Draft LEP maps