114 Curlewis Street, Bondi Beach: Section 96 Modifications to allow for an extension on the ground and first floor levels at the rear (DA 162/07/A)

Report: dated 23 September 2010 from the Development and Building Unit.

Recommendation: That the application be approved.

Referred: Referred to DCC on probity grounds as the application concerns an amended Affordable Housing Contribution

Development Assessment ReportDevelopment Application No. DA 162/07/AAddress 114 Curlewis Street Bondi BeachLodgement Date 1 February 2010 (Amended 28 May 2010)Proposed Modifications Extension of approved residential flat building on the

ground and first floor levels at the rearApproved Development Demolition of the existing two storey residential building

and the construction of a new 3 storey residential flat building and a Voluntary Planning Agreement with the applicant offering to lease units numbered one (1) and four (4) in the attached plan to Council for a period of four (4) years at the rent of $100 for affordable housing.

Zoning and relevant controls Waverley Local Environmental Plan 1996 Zoned Residential 2(c1) Waverley Development Control Plan 2006 Part D2 – Multi-Unit Housing, and associated parts

Owner Michael MosesApplicant Michael MosesSubmissions Four objections received:

Units 1, 2, 3 and 4 – 42 Beach RoadIssues No new issues from the approved development that

has been previously approved

Recommendation That the application be APPROVED

Site Map

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1. PREAMBLE

1.1 Background

DA 108/2006 for 122 Curlewis Street was refused by the NSW Land and Environment Court. The issue in question was the provision of a fourth floor.

The subject development was approved on the 24 February 2009, partly influenced by the above Court decision, as a three storey residential flat building.

1.3 Proposal Description

The current proposal is to amend the approval to allow for an extension towards the rear at ground and first floor, as well as an adjustment of the indented section of the building, shifting it towards the rear. The ground floor units 2 and 3 are extended by 2.7m in length, as are those on the first floor, units 5 and 6.

No changes are proposed to the second floor level.

The total increase in floor area is approximately 58.7m2.

A Voluntary Planning Agreement (VPA) for the provision of affordable housing was alsolodged with the applications. This VPA is proposed to replace the previous cash contribution of $157,500 (see condition 3 of current consent below) with an in kind contribution of dedication of 2 units at $100 per week for 4 years.

Existing Affordable Housing condition

3. VOLUNTARY PLANNING AGREEMENT FOR THE PROVISION OF AFFORDBALE HOUSING

(Clause 80a and 93I(3), Environmental Planning and Assessment Act 1979)

In accordance with the offer made by the applicant as held within Voluntary Planning Agreement No. 1001 of 2008, prior to the issue of a construction certificate, the Planning Agreement will be entered into under Section 93F of the Environment Planning and Assessment Act 1979 between the property owner/developer and Council with respect to the provision of the following:

The payment to Council of $157,500 for the purposes of the acquisition or maintenance of affordable housing.

With respect to Clause 7 of the Agreement the applicant must not be excluded from the payment of Section 94 contributions.

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2. ASSESSMENT

The following matters are to be considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act 1979.

2.1 Section 79C(1)(a) Planning Instruments

2.1.1 State/Regional Environmental Planning Policies

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65)

The original application was referred to the Joint Randwick/Waverley Design Review Panel. “The Panel commended the design and supporting drawings submitted with the application”.

2.1.2 Waverley Local Environmental Plan 1996

The site is zoned Residential 2(c1) under Council’s LEP. The proposal is permissible with consent within the zone.

2.1.3 Waverley Development Control Plan 20062.1.4

Part D2 – Multi-Unit Housing and I1 – Land Use and Transport

COMPARISON TABLE – SECTION 96 ComplianceControl Standard Original

ProposalApproved Development

Section 96 Proposal

Compliance

Max. FSR (Site 584m2)

0.9:1(525.24m2)

1.26:1(733m2)

1.034:1(603.8m2)

1.134:1(662.5m2)

No

Side setback 4.5m and 6m for side living areas

1.5m and 3.0m

Increased side setback on 2nd

floor, from 1.5m to 3m

Unchanged from approved plans

Yes

Building Depth Max length of unit is 18m

28m 16.9m 19.9m No

One bed unit 6m3

Nil storage Storage in basement >6m3

Storage in basement >6m3

YesStorage Facilities

Three bed unit 10m3

Nil storage Storage in basement >10m3

Storage in basement >10m3

Yes

Apartment Mix 35% - 1 bed50% - 2 bed15% - 3 bed

90% (9 units) 1 bed; and10% (1 unit) 3 bed

87% (7 units) 1 bed; and13% (1 unit) 3 bed

37.5% (3 units) 1 bed; and50% (4 unit) 2bed; and12.5% (1 unit) 3bed;

Yes

Min 30% of site as deep soil zone

22% Unchanged Unchanged from approved plans

Yes

Min 30% of deep at front of site

23% Unchanged Unchanged from approved plans

Yes

2m soft strip along one side

No strip Unchanged Unchanged from approved plans

Yes

Landscaping

Additional 10% 9.6% 8.6% Unchanged from Yes

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COMPARISON TABLE – SECTION 96 ComplianceControl Standard Original

ProposalApproved Development

Section 96 Proposal

Compliance

soft lands. (marginal change)

approved plans

15% of site as communal

Nil communal

Unchanged Unchanged from approved plans

Yes

Complies -communal controls

No Unchanged Unchanged from approved plans

Yes

Minimum 50% of deep at rear of site

54% Unchanged Unchanged from approved plans

Yes

Rear setback 6m 14m Unchanged 8.5m Yes* Complies with DCP

Building Length

Maximum 24m 6m & 9.1m Unchanged 6m & 12.1m Yes

Courtyards to ground level units

Minimum area 25m2

Minimum width & depth 3m

Units 1, 2, 3

General compliance

Unchanged Unchanged from approved plans

Yes

Private Balconies to upper units

Minimum area 10m2

Minimum depth 2.5m

Units 4, 5, 6, 7 8, 9, 10

General compliance

Unit 9 and 10 deleted, but all other units retain their previously proposed courtyards and balconies

Unchanged from approved plans

Yes

Floor space ratio

The proposal does not comply with Council’s maximum floor space ratio (FSR) control of 0.9:1.

However, the additional floor space is considered to have acceptable environmental impacts, given that the floor space is at the rear and on the lower levels of the approved building, complies with the DCP setback and unit mix and car parking controls.

Building depth

Council’s controls state that the maximum depth of any unit must not be greater than 18m, including balconies, to allow adequate amenity for the building’s occupants in terms of solar access and natural ventilation.

The majority of the units comply with this control with the exception of the rear ground andfirst floor level which has a length of 19.9m as measured from the front to the rear. The units therefore provide a non-compliance of 1.9m or 10% above Council’s controls. These units have side elevations with access to light area and the intent of this control is satisfied.

Given that the amended proposal complies with the DCP setback controls, the excess building depth is supported.

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3 REFERRALS

3.1 Internal

Housing

The amended application was referred to Waverley Council’s Housing Officer. Physical and monetary contributions towards Waverley Council’s Affordable Housing Program were discussed between the Assessment Officer and the Housing Officer, and the applicant has offered to lease units numbered one (1) and four (4) both one bedroom units in the attached plan to Council for a period of four (4) years at the weekly rent of $100 for affordable housing.

This complies with the affordable housing calculator and condition 3 has been amended accordingly.

Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

The proposal is considered unlikely to adversely impact on the natural and built environment and is consistent with Section 79C(1)(b) of the Act for the reasons outlines within this report.

Section 79C(1)(c) - The suitability of the site for the development.

The proposed development is considered suitable for the site and accordingly, the proposal is inconsistent with Section 79C(1)(c) of the Act.

4. PUBLIC SUBMISSIONS

The application was advertised in accordance with Waverley Development Control Plan 2006, Part C3 – Advertised and Notified Development.

Four (4) submissions were received. The issues raised in the submission are summarised and discussed below.

Property Location Summary of Objections

42 Beach Road,Units 1, 2, 3 and 4

Adjoining property to the rear

Loss of privacy

Issue: Loss of privacy

Comment – The privacy impacts resulting from this development are not considered unreasonable given the rear setback complies with Council’s DCP and that the context of surrounding developments and the constraints of the site.

Section 79C(1)(e) - The public interest.

Given the analysis above, the proposal is not considered to be against the Public Interest.

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5. DEVELOPMENT AND BUILDING UNIT (DBU) REVIEW

The modification provide for a addition to the rear of the approved building at ground and first floor. This change provides for better internal amenity and unit mix (i.e. 4 approved one bedroom units are converted to two bedroom units) to this development. The physical changes to the building are supported.

The new VPA replaces a cash contribution of $157,500 with an in kind contribution of dedication of 2 units (both one bedroom units) at $100 per week for 4 years. The subject units are good quality one bedroom units (with out parking). The agreement has been made by Council’s Housing Officer and is considered acceptable.

The DBU noted that the previous agreement was accompanied by condition No. 2 of consent that stated:-

2. VALUER’S CERTIFICATION

A Certified Valuer’s certificate must be submitted to Council confirming the site’s land value as stipulated in the output sheet provided to Council accompanying the Voluntary Planning Agreement.

The DBU reviewed the process and noted the valuations used where based on the recent sale of the property and considered this condition unnecessary. The deletion of condition No 2 is recommended.

The application is recommended for approval subject to modified conditions.

6. RECOMMENDATION

That Development Application No. DA 162/07/A at 114 Curlewis Street Bondi Beach forSection 96 Modifications to allow for an extension on the ground & first floor level at the rearbe APPROVED by Council, subject to the following conditions:-

A. Condition Nos 1 and 3 are to be deleted and replaced with following:-

1. APPROVED DEVELOPMENT

The development must be in accordance with:

(a) Architectural Plan No. DA00, DA01, DA02, DA03, DA04, DA05, DA06 and DA07, all Issue F, prepared by Brian Meyerson Architects, dated 26 May 2010, and received by Council on 28 May 2010, except where amended by the following conditions of consent;

(b) The BASIX Certificate;

(c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part G1, Waverley DCP 2006.

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3. VOLUNTARY PLANNING AGREEMENT (VPA) FOR THE PROVISION OF AFFORDABLE HOUSING (Sections 80A (1) and 93I (3), Environmental Planning and Assessment Act, 1979

Pursuant to section 80A(1) of the Environmental Planning and Assessment Act, 1979, the planning agreement numbered DA 162/2007/A which relates to the development application the subject of this consent and which offers to lease units numbered one (1) and four (4) in the attached plan to Council for a period of four (4) years at the rent of $100 per week for each unit for affordable housing purposes.

The VPA is to be executed prior to the issue of the Construction Certificate for the development.

Condition No. 2 is deleted.

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