Agenda of Sutherland Shire Local Planning Panel - 26 00 2019...2019/11/26 · APPLICANT: SUNSCREEN PATIOS & PERGOLAS FILE NUMBER: DA19/0658 Attachments: Appendix A, Appendix B and

Business Paper

Sutherland Shire Local Planning Panel

Tuesday, 26 November 2019

eDetermination

Sutherland Shire Local Planning Panel 26 November 2019

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ORDER OF BUSINESS

1. DISCLOSURES OF INTEREST

2. REPORTS FROM OFFICERS

SSLPP081-19 1 Bermuda Place BURRANEER

DA19/0658 - Construction of an attached patio roof over

existing balcony/terrace


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SSLPP081-19 PROPOSAL: DA19/0658 - CONSTRUCTION OF AN ATTACHED

PATIO ROOF OVER EXISTING BALCONY/TERRACE

PROPERTY: LOT 4 DP 529633, (1) BERMUDA PLACE BURRANEER

APPLICANT: SUNSCREEN PATIOS & PERGOLAS

FILE NUMBER: DA19/0658

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

REPORT BACKGROUND

At the meeting of the Sutherland Shire Local Planning Panel of 5 November 2019, the Panel were

briefed about this application and agreed to determine this application without the benefit of a site

inspection or public hearing on the basis that the application was

Extremely minor in nature despite the non compliance with the foreshore building line

There were no objections’

The assessment officer supported the application.

The report below is the report subsequently circulated for determination by the Panel.

REASON FOR THE REPORT

This application is referred to the Sutherland Shire Local Planning Panel (SSLPP) for determination

because the proposal contravenes Clause 6.9 - Limited Development on the Foreshore Area of

Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015). The proposed roof patio cover to be

constructed over an existing balcony terrace is located below the Foreshore Building Line (FBL). A

Clause 4.6 statement has been provided.

There are no submissions.

PROPOSAL

The application is for the construction of an attached patio roof over an existing balcony/terrace.

THE SITE

The subject site is a waterfront lot located on the western foreshore of Burraneer fronting Gunnamatta

Bay.


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ASSESSMENT OFFICER’S RECOMMENDATION

THAT:

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

the written submission in relation to the variation to Cl.6.9 Limited Development on the

Foreshore Area satisfies the relevant provisions of Clause 4.6 and is therefore supported. It is

recommended that the provisions of Clause 4.6 be invoked and that the Foreshore Area

development standard be varied, in respect to this application.

2. Development Application No. 19/0658 for Construction of an attached patio roof over existing

balcony/terrace at Lot 4 DP 529633 1 Bermuda Place, Burraneer be approved, subject to the

conditions contained in Appendix A of the report.

ASSESSMENT OFFICER’S COMMENTARY

1.0 DESCRIPTION OF PROPOSAL

The application is for the construction of an attached patio roof over an existing balcony/terrace.

A site plan is provided below:

Figure 1: Site Plan indicating extent of works in blue.


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2.0 SITE DESCRIPTION AND LOCALITY

The subject site is a waterfront lot located on the western foreshore of Burraneer fronting Gunnamatta

Bay. Vehicular access is from Bermuda Place via a right of way.

The existing three level residence was constructed in the early 1970’s and is located partially below

the Foreshore Building Line (FBL). The site is not visible from the street however the residence and

boatshed is highly visible from the waterway.

The site is located within a residential area and development that exists surrounding the site consists

to residential development within a coastal setting.

A locality plan and an aerial photo are provided below.

Figure 2: Locality Plan; subject site shaded blue


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Figure 3: Aerial view of subject site shaded blue.

3.0 BACKGROUND

A history of the development proposal is as follows:

The current application was submitted on 27 August 2019.

The application was placed on exhibition, with the last date for public submissions being 27

September 2019.

A cl.4.6 variation statement to the Foreshore Area was submitted on 20 November 2019.

4.0 ADEQUACY OF APPLICANT’S SUBMISSION

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

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

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

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

5.0 PUBLIC PARTICIPATION

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

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

proposal and no submissions were received.

6.0 STATUTORY CONSIDERATIONS

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

Sutherland Shire Local Environmental Plan 2015. The proposed development, being an addition to a


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dwelling house, is a permissible land use within the zone with development consent from Council.

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

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

Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015).

Sutherland Shire Development Control Plan 2015 (SSDCP 2015).

Section 7.12 Development Contribution Plan 2016 - Sutherland Shire.

7.0 COMPLIANCE

7.1 Sutherland Shire Local Environmental Plan 2015

The proposal has been assessed for compliance against Sutherland Shire Local Environmental Plan

2015. A compliance table with a summary of the applicable development standards is contained

below:

Sutherland Shire Local Environmental Plan 2015

CLAUSE REQUIRED PROPOSAL COMPLIANCE

cl.4.3

Height of Building

8.5m

8.185m

Yes

cl.6.9

Limited

Development on

Foreshore Area

the alteration, extension or

rebuilding of an existing

dwelling wholly or partly on the

foreshore area if the footprint

of the extension or alteration

will not extend any further

forward of the foreshore

building line than the footprint

of the existing dwelling,

The proposal seeks

consent for alterations

and additions to an

existing building that is

partially located forward of

the FBL. Specifically, an

awning over an existing

terrace encroaching

partially below the FBL

and outside the building

footprint.

A Cl.4.6 request for a

variation has been

submitted

cl.6.14

Landscaped Area

40% (526m2/1315m2)

44% (579.1m2)

Yes

7.2 Sutherland Shire Development Control Plan 2015

The proposal has been assessed for compliance with SSDCP 2015. A compliance table with a

summary of the applicable development controls is contained in Appendix B.

8.0 SPECIALIST COMMENTS AND EXTERNAL REFERRALS

The application was referred to the following internal and external specialists for assessment and the

following comments were received:


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Heritage Officer

The application was referred to Council’s Heritage Officer who advised that the previous heritage

status of the boatshed on the subject site was removed with the gazettal of the SSLEP2015 as the

heritage significance of the item had been compromised through modification and expansion.

9.0 ASSESSMENT

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

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

following matters are considered important to this application.

9.1 Foreshore Development

Clause 6.9 of SSLEP 2015 contains provisions relating to development within the foreshore area. The

clause functions to minimise buildings and other works in the environmentally sensitive areas adjacent

to the foreshore.

The development standard permits alterations and additions to an existing dwelling forward of the

foreshore building line (FSBL) provided that the additions to the dwelling are no further forward of the

FSBL than the footprint of the existing dwelling.

The subject site is affected by a FSBL located diagonally through the lot with the majority of the

existing dwelling located below the FSBL. It is noted that the applicant’s submission in Figure 5 below

indicates the FBL by a blue dotted line on plan which is shown in the incorrect location. Council has

corrected the plan with the approximate true location of the FBL shown in red on the plan (see images

below).

Figure 4: Aerial view (FBL in pink) Figure 5: Site Plan (FBL in red)

The objectives of Clause 6.9 are as follows:


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(a) to ensure that development on the foreshore area will not adversely impact on natural

foreshore processes or affect the significance and amenity of the area,

(b) to maintain and improve public access to the intertidal area of waterfronts if that access will

cause minimal adverse environmental impact,

(c) to avoid adverse ecological effects on waterways by minimising any adverse impact from

development on water quality and, so far as is practicable, to improve the quality of urban run-

off entering waterways,

(d) to protect and enhance significant natural features and vegetation on the foreshore area,

(e) to retain endemic vegetation along foreshore areas,

(f) to restore and revegetate foreshore areas to improve estuarine flora and fauna habitat,

(g) to minimise any adverse visual impact of development when viewed from adjacent land and

waterways by using a design and materials that complement the natural landscape of the

foreshore area,

(h) to minimise any adverse impact of development on the natural landform of the foreshore area

and waterways by integrating the development with minimal change to the natural topography of

the foreshore area,

(i) to achieve a balance between private development and the public use of waterways,

(j) to minimise the obstruction of water views from public land.

The proposal seeks to provide a rectangular awning over an existing terrace to enhance the

functionality and use of the terrace area. The awning is limited in size covering an area of 25m2 rather

than the full extent of the existing terrace, and is limited in extent to approximately the two large blue

urns on the current balcony. Accordingly the minor nature of the works results in the non-compliance

not being visually discernable when viewed from the waterway as the proposal largely maintains the

building bulk of the existing dwelling.


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Yellow highlighter by Council showing approximate location of awning relative to upper balcony floor


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The proposal is considered to satisfy the relevant objectives of the clause in that the proposal will not

adversely impact natural foreshore processes, or cause adverse environmental impacts. Water quality

is not considered to be adversely affected by the proposal and natural features and vegetation on and

in close proximity to the site are to be retained. The adjoining properties, surrounding foreshore area

and waterways of the Port Hacking River will not be adversely impacted by the proposed

development, and in particular by the minor encroachment. Given the position of the dwelling relative

to the public domain, obstruction of water views from public land is negligible.

Before granting development consent to development on the foreshore area Council must be satisfied

of certain matters. Subclauses 6.9 (3) & (4) set out the matters to be considered by Council when

assessing a development application for any buildings/works proposed within the foreshore area.

These matters and a review of the proposed development against these matters are provided below:

(3) Development consent must not be granted under this clause, unless the consent authority is

satisfied that:

(a) the appearance of the development, from both the foreshore area and the adjacent

waterway, will be compatible with the surrounding area, and

Comment: The proposal is minor and will not be visually dominant. The dwelling is

consistent with the scale and bulk of surrounding development within the immediate

locality.

(b) the development will not cause environmental harm such as:

(i) pollution or siltation of the waterway, or

(ii) an adverse effect on surrounding uses, marine habitat, wetland areas or fauna

and flora habitats, or

(iii) an adverse effect on drainage patterns, and

Comment: Potential environmental harm has been considered and will be suitably

managed via conditions of consent.

(c) the natural qualities of the foreshore area are retained or restored as far as practicable

through the retention or reinstatement of natural levels and endemic vegetation, and

Comment: The existing foreshore area has been disturbed and consists of a mix of

shrubs and landscaped garden which will be retained.

(d) the development will not cause congestion or generate conflict between people using

open space areas or the waterway, and

Comment: The use of the site will remain a single residential dwelling with associated

ancillary development. There will be no congestion or conflict with regards to the use of

the waterway based on the building footprint location proposed.


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(e) opportunities to provide continuous public access along the foreshore area and to the

waterway will not be compromised, and

Comment: The proposed development will not affect public access along the foreshore

area. There is currently no public access along the foreshore area of the site nor

neighbouring sites and none is likely in the future.

(f) any heritage significance of the foreshore area on which the development is to be carried

out and of surrounding land will be maintained, and

Comment: The subject land does not contain any historic, cultural, social,

archaeologically significant forms.

(g) in the case of development for the alteration, extension or rebuilding of an existing

building (or the erection of a new building) wholly or partly in the foreshore area, the

alteration, rebuilding or new building will not have an adverse impact on the amenity or

aesthetic appearance of the foreshore, and

Comment: The proposed awning is compatible with an adverse visual impact when

viewed from the waterway.

(h) in the case of the erection of a new dwelling, the dwelling will not be erected further

forward of the foreshore building line than any existing dwelling on the land, and

Comment: N/A

(i) it has considered sea level rise or change of flooding patterns as a result of climate

change.

Comment: The proposed new works are significantly above the existing sea level. Any

potential sea level rise as a result of climate change would be unlikely to impact on the

proposal.

In deciding whether to grant development consent for development on the foreshore area, the

consent authority must consider whether and to what extent the development would facilitate

the following:

(a) continuous public access to and along the foreshore area through or adjacent to the

proposed development,

(b) public access to link with existing or proposed open space,

(c) public access to be secured by appropriate covenants, agreements or other instruments

registered on the title to land,

(d) public access to be located above the mean high water mark,


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Comment: The proposed development will not affect public access along the foreshore area.

There is currently no public access along the foreshore area, and none is likely in the future.

(e) reinforcement of the foreshore character and respect for existing environmental

conditions,

Comment: The proposal has been sensitively designed to have the least visual impact on the

character of the foreshore. The addition is minor in nature and will not be discernible from the

waterway. The natural features of the site within the foreshore area are to be retained.

(f) management of any rise in sea level or change of flooding patterns as a result of climate

change.

Comment: N/A

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

this zone are as follows:

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

scientific or aesthetic values.

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

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

the locality.

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

in other areas of high visual significance.

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

development.

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

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

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

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

development.

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

space.

The proposed alterations and additions to the existing dwelling sit within the existing building

envelope largely maintaining the relationship of the building to the land and adjoining properties.

Existing vegetation on and adjoining the land is to be retained and protected ensuring the

natural landscape setting of the locality is preserved.


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

SSLEP 2015.

A full copy of this request is attached to Appendix C and the most relevant section is

reproduced below:

“…there are several encroachments to the existing foreshore building line, including the existing

terrace, which encroaches the foreshore building line by 3.3m, and the existing dwelling eave

(1.0m).

The proposed opening roof would simply cover an existing terrace (which already encroaches

on the foreshore building line). The contravention is minimal (just 13%) and is less of an

encroachment than the existing terrace (29%).

This alone should provide substantive justification as to why the contravention to the

development standard should be accepted.

Furthermore, the contravention to the development standard in this case, will not have adverse

impacts on the amenity of adjoining properties due to:

(i) The established maximum height of the existing building shall not be exceeded. The

proposed opening roof patio cover shall remain below the existing maximum building

height.

(ii) The proposed opening roof pergola shall be an open sided structure, therefore not

increasing bulk or scale and maintaining existing building density

(iii) The existing maximum building height shall be maintained, therefore remaining

compatible with the character of the locality. The proposed opening roof pergola shall be

below the existing maximum building height, and shall be constructed of compatible

materials and colours, further ensuring the proposal is compatible with the locality.

(iv) The proposed opening roof will result in minimal overshadowing, as the proposal is well

below the existing dwelling ridge height and is well clear of all allotment boundaries”.

The proposal seeks to improve the internal amenity for the occupants without significantly impacting

the amenity of adjoining development or the environmentally sensitive characteristics of the zone.

The applicant’s written submission demonstrates that compliance with the development standard is

unreasonable or unnecessary in the circumstances of the case. It also demonstrates sufficient

environmental planning grounds to justify varying this development standard.

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

both the foreshore area and the E4 Environmental Living zone.


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

significance. In addition there is no public benefit to maintain the development standard in the

circumstances of this case.

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

Clause 4.6 and therefore the variation can be supported.

9.2 Acid Sulfate Soils

The subject site is identified as within ‘Class 5’ Acid Sulfate Soils Maps and the provisions of Clause

6.1 are applicable. The objectives of this Clause are to ensure that development does not disturb,

expose or drain acid sulphate soils and cause environmental damage.

Within Class 5, the trigger under SSLEP 2015 is works within 500m of adjacent Class 1, 2, 3 or 4 land

that is below 5m AHD and by which the watertable is likely to be lowered below 1m AHD on adjacent

Class 1,2,3 or 4 land.

Given the nature of the proposed works, being construction of an awning over built form, there is

unlikely to be an impact on the water table on adjacent Class 1, 2, 3, or 4.

9.3 Stormwater Management

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

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

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

addressed to Council’s satisfaction.

9.4 Terrestrial biodiversity

The subject land is identified as containing “Biodiversity’ on the Terrestrial Biodiversity Map.

Clause 6.5 requires Council’s assessment to consider certain matters. Council must consider the

potential adverse impact of the development on vegetation/ flora, fauna, biodiversity and habitat. Of

further consideration is the conservation and recovery of flora and fauna and their habitats and the

potential to fragment or diminish the biodiversity structure, function and connectivity of the land. The

relevant matters have been considered as part of the assessment of this application and the proposal

is acceptable in this regard.

Further, clause 6.5 requires Council to be satisfied of certain matters prior to development consent

being granted. These matters include the design of the development to avoid or minimise the impact;

management to minimise the impact if it cannot be avoided and mitigation if the impact cannot be

minimised. These matters have been addressed to Council’s satisfaction.


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9.5 Riparian land watercourses

The subject land is identified as “Environmentally Sensitive Land” on the Riparian Land and

Watercourses Map and the provisions of Clause 6.7 are applicable.

Clause 6.7 requires Council’s assessment to consider certain matters. Council must consider impacts

on water quality, water flows, aquatic and riparian species, habitats, ecosystems, stability of the bed,

free passage of fish and other aquatic organisms, and future rehabilitation. Council must also consider

developments impact on water extraction and appropriate measures to avoid, minimise or mitigate the

impacts. The relevant matters have been considered as part of the assessment of this application and

the proposal is acceptable in this regard.

Further, Clause 6.7 requires Council to be satisfied of certain matters prior to development consent

being granted. These matters include the design of the development to avoid or minimise impact;

management to minimise the impact if it cannot be avoided and mitigation if the impact cannot be

minimised. These matters have been addressed to Council’s satisfaction.

9.6 Urban Design (Residential Buildings)

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

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

the proposal is considered to be acceptable.

9.7 No. of Storeys

The existing dwelling exceeds the development control which limits development to two storeys in

height above existing ground level. The existing dwelling was approved at 3 storeys circa 1970. The

proposed awning is within the parameters of the existing dwelling. As the non-compliance is pre-

existing and the proposal results in an improved outcome, the proposal is considered worthy of

support.

9.8 60% Lot Depth

The existing dwelling is located within close proximity to the waterfront and therefore fails to

technically comply with the development control which limits three storey development to the front of

an allotment to a maximum of 60% of the depth of site measured from the property boundary. The

proposed awning is within the parameters of the existing dwelling. The non-compliance is pre-

existing. The proposal results in an improved outcome which is compatible with adjoining

development and is therefore considered worthy of support.

9.9 Greenweb

The subject site is identified within Council’s Greenweb strategy – restoration area. The Greenweb is

a strategy to conserve and enhance Sutherland Shire’s bushland and biodiversity by identifying and

appropriately managing key areas of bushland habitat and establishing and maintaining


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interconnecting linkages and corridors. Having regard for the minor nature of the proposed

development, the proposal does not warrant additional Greenweb plantings.

9.10 Archaeological Sensitivity

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

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

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

undertaken.

10.0 DEVELOPMENT CONTRIBUTIONS

The proposed development has a value of less than $100,000 and therefore does not attract any

Section 7.12 Contributions in accordance with Council’s adopted Section 7.12 Development

Contribution Plan 2016.

11.0 DECLARATIONS OF AFFILIATION, GIFTS AND POLITICAL DONATIONS

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

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

general declaration of affiliation. In relation to this development application a declaration has been

made that there is no affiliation.

12.0 CONCLUSION

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

Sutherland Shire Local Environmental Plan 2015. The proposed development, being addition of an

awning to a dwelling, is a permissible land use within the zone with development consent.

In response to public exhibition, no submissions were received.

The proposal includes a variation to the development standard for building height and foreshore area

under the Sutherland Shire Local Environmental Plan 2015.

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

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

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

Development Application No. 19/0658 may be supported for the reasons outlined in this report.

RESPONSIBLE OFFICER

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

Certification, Simone Plummer, who can be contacted on 9710 0333 (JC).

File No: DA19/0658


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Documents

Agenda of Sutherland Shire Local Planning Panel - 26 00 2019...2019/11/26 · APPLICANT: SUNSCREEN PATIOS & PERGOLAS FILE NUMBER: DA19/0658 Attachments: Appendix A, Appendix B and