BLUE MOUNTAINS LOCAL PLANNING PANEL ITEM NO: 2.2 23 …

BLUE MOUNTAINS LOCAL PLANNING PANEL

ITEM NO: 2.2 – 23 AUGUST 2021

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ITEM No. 2.2

REPORT: DEVELOPMENT APPLICATION No. X/463/2021 for change of use from

commercial to dwelling house; and alterations & additions at 3 Badgerys

Crescent, LAWSON NSW 2783

Reason for report The proposal is classified as sensitive development as it involves the demolition

of material on a heritage item.

RECOMMENDATION That the Development Application X/463/2021 for change of use from

commercial to dwelling house; and alterations & additions on 3 Badgerys

Crescent, LAWSON NSW 2783 be determined in accordance with s4.16 of the

Environmental Planning and Assessment Act, by the granting of consent subject

to the conditions stated in Part 3 of this report.

Reasons in support of

the recommended

decision

1. The proposed use is permissible in the zone and the development complies

with the relevant State and local planning instruments and policies.

2. Adjoining property owners were notified of the proposed development in

accordance with Council’s policy and no submissions were received.

3. The proposed works are minor in nature and scope, sympathetic to the

heritage significance of the site and will have no adverse impacts on the

heritage item, the heritage conservation area or the heritage item adjacent

the site.

4. The proposed changes are essential for the long-term conservation of the

heritage item and improve its functionality for the occupants.

5. The ramp will allow for accessible entry to the property and the visual

impacts are considered minimal in satisfying the functional needs of

access.

6. The development will have no adverse impacts on natural and built

environment.

Disclosure Disclosure of any political donation and/or gift - No

Declaration of interest No affiliations / associations have been declared

Report authors Mariya Shahid, Development Assessment Planner

Brian Mercer, Program Leader Residential Development Assessment

Alex Williams, Manager Development & Building Services

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.2 - 23 AUGUST 2021

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Report authoriser William Langevad, Director Environment & Planning Services

PART 1 Development proposal

PART 2 Council assessment

PART 3 Proposed conditions of consent

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.2 – 23 AUGUST 2021

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PART 1: Development proposal

Applicant Ms A E F Summers

Land owner Mr H R Backers and Ms A E F Summers

Location 3 Badgerys Crescent, LAWSON NSW 2783

Lot & DP L 3 DP 726048, L A DP 388162, L 1 DP 935529

Date lodged 26-Apr-2021

Value of works $45,000.00

Proposal in detail The development proposal seeks approval to revert the use of the building from

shop (gallery) and café, back to its original use as a residence, and for minor

alterations and additions to suit the use.

The development comprises the following changes to the use of the rooms:

Change existing commercial kitchen to a bathroom.

Change existing bathroom to a bedroom.

New domestic kitchen fitout at the rear.

Interior to consist of 4 bedrooms, a living room, a combined kitchen/family

room, a bathroom, a dining room, a study. Existing laundry under rear of

dwelling.

The development proposes minimal intervention to the physical structure and

fabric of the building. The interior retains its existing internal walls and floor plan,

and the three original brick fire places and chimneys.

Proposed physical alterations and additions comprise the following:

Widen opening in the wall between the hallway and former kitchen, close

off sliding door opening and fit a new door to suit the new use of bathroom.

Cut a new opening in the wall between the hallway and new Bedroom 3,

and fit a new door.

Remove modern commercial kitchen fitout.

Install new domestic kitchen fitout.

Construct new timber pedestrian ramp and landing on the eastern side of

the building.

Remove window, enlarge opening and fit a new external door to the landing

and new access ramp, in the external wall on the eastern elevation.

Departure or variation to

a development standard

The applicant is not seeking to vary a development standard.


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Supporting

documentation

The plans and documents lodged are sufficient to enable assessment of the

application. The application is supported by:

o Architectural drawing set by Katy Atkins, dated March 2021

o Heritage Impact Statement by Katy Atkins, dated March 2021

o Statement of Environmental Effects by applicant, dated 26 April 2021

o Demolition Plan by Katy Atkins, dated March 2021

Documentation online Plans to scale and key documents lodged with the application can be viewed

online. Go to www.bmcc.nsw.gov.au/development – Track and View

applications. Search and select X/463/2021.

Reduced site and elevation plans are below.

https://www2.bmcc.nsw.gov.au/DATracking/Pages/XC.Track/SearchApplication.aspx?os=y&

http://www.bmcc.nsw.gov.au/development


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Site plan


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Elevation plan


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PART 2: Council assessment

2.1 Overview and summary of issues

Location 3 Badgerys Crescent, LAWSON NSW 2783

Lot & DP L 3 DP 726048, L A DP 388162, L 1 DP 935529

Zoning Living – Conservation under Local Environmental Plan 2005 (LEP 2005)

Proposed Zone R6 Residential Character Conservation under Draft Local

Environmental Plan 2013 (DLEP 2013)

Characterisation of use Dwelling house

Permissibility The proposed development is permissible within the zone.

Type of development Local

Applicable

environmental planning

instruments

o State Environmental Planning Policy No. 55 – Remediation of Land

o SEPP (BASIX) 2004

o SEPP (Infrastructure) 2007

o SEPP (Koala Habitat Protection) 2021

o Sydney Regional Environmental Planning Policy 20: Hawkesbury-Nepean

River

o Local Environmental Plan 2005 & Draft Environmental Plan 2013

o Better Living Development Control Plan

Applicable additional

local provisions

o Heritage Conservation

o Consideration of character and landscape

Applicable additional

local clauses –

development in villages

o Nil

Bushfire prone land The property is not mapped as bushfire prone.

Heritage significance o The subject property is listed as a local heritage item in Schedule 5 of LEP

2005 (Item No. LN029).

o The subject property is not listed on the State Heritage Register.

o The subject property is within the San Jose Avenue and Badgerys Crescent

Cottages Heritage Conservation Area (LN030), and is considered a

contributory item and a significant item.

o The subject property directly adjoins the heritage item Lyttleton Shop and


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Residence (Item No. LN001) to the west.

Aboriginal significance No Aboriginal objects are recorded or Aboriginal places declared in or near the

subject property.

Potentially

contaminated land

The land is not listed on the Council’s potentially contaminated land register and

none of the activities that may cause contamination, listed in Table 1 of Planning

NSW’s Managing Land Contamination Planning Guidelines, are being or are

known to have been carried out on the site.

Site description The site comprises three allotments of land having a combined area of approx.

1303m2. The land has a moderate slope to the rear and to the eastern side

boundary.

Lot 3 contains a single storey weatherboard building. The building fronts

Badgerys Crescent and is constructed to the front boundary with a zero building

setback. Lot A contains a vehicle access point and driveway to a single

freestanding garage to the west of the main building. The eastern side of Lot 3

and the rear of the property, including Lot 1, contain informal gardens and lawn

areas.

The site faces the railway corridor to the south, and adjoins single dwelling

development to the east and north. The adjoining property to the west contains

shops and a dwelling house. The location retains its early 20th century period

built and landscape character.


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Development history /

background

The building was originally constructed in 1909 as a dwelling house in the

Federation style and has had a varied series of uses over time, often associated

with the adjacent store. In 1923 it was a garage, in 1939 a granary, and later a

retailing outlet for garden statuary.

Extensions over this period included an addition to the east side of the building,

enclosure of the verandah at the rear north-eastern corner, reconstruction of the

verandah framing and the construction of a freestanding fibro garage.

In 1983 the property was listed as a local heritage item in Blue Mountains Local

Environmental Plan No. 4.

In 1991 Council granted consent for the establishment of an arts and crafts gallery (DA 714/90).

In 1993 Council granted consent for the establishment of tea rooms in

association with the arts and crafts gallery (DA 622/92), and for an advertising

sign (DA 806/92).

LEP 2005 commenced on 7 October 2005 and zoned the land Living –

Conservation. The commercial use became a prohibited use in the zone and

relied on existing use rights.

The gallery and tea rooms ceased operating in 2018. The present owner

purchased the property in 2020.

Heritage background

and significance

Badgery’s Café and Gallery is listed at the local level as Item No. LN029 in

Schedule 5 of the Blue Mountains LEP 2005. The statement of significance on

the OEH register contains the following description:

Badgery's Café and Gallery is a good intact example of a simple but

substantial Federation house which has been extended to the east at an

early stage in a sympathetic manner.

Its location close to the street boundary is unusual and with its prominent

location at the railway crossing from the Great Western Highway suggests

commercial enterprise and makes it a local landmark.

SHR Criteria a)

[Historical significance]

This is a significant example of constantly changing uses for strategically

sited premises

SHR Criteria c)

[Aesthetic significance]

Badgery's Café and Gallery is a good intact example of a simple but

substantial Federation house which has been extended to the east at an

early stage in a sympathetic manner. Its location close to the street boundary

is unusual and with its prominent location at the railway crossing from the

Great Western Highway suggests commercial enterprise and makes it a local

landmark.

Integrity/Intactness:

Reasonable

The subject site is also located within the San Jose Avenue and Badgerys

Crescent Cottages Conservation Area (Item No. L030). The statement of


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significance for the HCA contains the following details:

This entire precinct has many outstanding features and is in toto of state significance. The precinct of buildings on San Jose Avenue, Park Street and Badgerys Crescent at Lawson is a rare grouping of early cottages and associated buildings most of which were built within a period of thirty years and exhibit characteristics of a range of building styles from within that period.

The group includes a typical late Victorian village post office, shop, workers cottages, bakery and houses for the wealthier merchants and more powerful members of the developing village making an important and interesting streetscape.

This precinct has high historic significance. Its development is associated with a range of people significant nationally (Joseph Hay, environmentalist, philanthropist and surveyor) and locally (the commercial and real estate entrepeneur, John Geggie and his wife) through to Dr. King in the last forty years. It presents legible layers of land use from the earliest land-grants to subdivision, resubdivision, and later infill. It embraces significant commercial residential and educational buildings that are important in their own right.

City wide infrastructure

contribution

The value of the work is below the threshold attracting payment of a contribution.

Referral authorities Referrals to external agencies were not required.

Internal referrals o Senior heritage planner

Notification period The application was notified to adjoining owners for the period 5 May 2021 to 19

May 2021.

Number of submissions No submissions were received.

Summary of

assessment issues

Key issues determined in the assessment are:

o Impact on heritage significance

Assessment issues are detailed below.

2.2 Evaluation

The application has been assessed in accordance with s4.15 of the Environmental Planning and

Assessment Act 1979 (EP&A Act). Only those provisions relevant to the proposed development have been

addressed.

State Environmental Planning Policy (SEPP) – s4.15(1)(a)(i)

The following table provides for an assessment against the provisions applicable State Environmental

Planning Policies.

SEPP 55 – Remediation of Land


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SEPP 55 – Remediation of Land

Consideration has been given to whether the land is contaminated, as required by cl.7 of the SEPP.

Potentially

contaminated land

The land is not listed on the Council’s potentially contaminated land register and

none of the activities that may cause contamination, listed in Table 1 of Planning

NSW’s Managing Land Contamination Planning Guidelines, are being or are

known to have been carried out on the site.

SEPP (Building Sustainability Index: BASIX)

The building was originally constructed as a dwelling house and it is proposed to revert back this use. The

value of works falls below the $50,000 threshold for BASIX affected development, as defined in clause 3 of

the Environmental Planning and Assessment Regulation 2000. A BASIX certificate is not required in this

instance.

SEPP (Infrastructure)

Standard Discussion Compliance

Y/N

cl. 87

Impact of rail noise or

vibration on non-rail

development

The SEPP applies to development for the purpose of residential

accommodation that is on land adjacent to a rail corridor and that

the consent authority considers is likely to be adversely affected

by rail noise or vibration.

The building is located approx. 50m north of the rail corridor and

is therefore affected to some extent by rail noise and vibration.

Subclause (2) provides that, before determining a development

application, the consent authority must take into consideration any

guidelines that are issued by the Secretary for the purposes of

this clause and published in the Gazette.

The relevant guideline is the “Development Near Rail Corridors

and Busy Roads – Interim Guideline” published by NSW

Department of Planning in December 2008. Section 3.5.1 of the

Interim Guideline requires an acoustic report when the distance

between residential premises and the rail corridor is 25m or less.

Between a distance of 25m and 60m standard mitigation

measures are specified (keeping external doors and windows

closed and providing mechanical ventilation). Where trains are

obscured from view by barriers, acoustic treatment may be

reduced or lessened.

In this instance the rail corridor opposite the subject site is within

a cutting which obscures line of site. The railway emerges from

the cutting more than 60m to the line of sight in both east and

west directions from the property.

Whilst it is considered the development will be affected by rail

noise or vibration, the effect is mitigated by the cutting and

Y


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SEPP (Infrastructure)


Y/N

distance, and it is not likely to be affected to the extent that the

impact is adverse. An acoustic report and acoustic retrofitting are

not considered justified. The application does not propose any

acoustic attenuation works. Retrofitting works such as acoustic

glazing and wall insulation are likely to be intrusive to the heritage

fabric of the building and have potential to adversely impact on

heritage significance.

Where Council considers the noise and vibration impact is not

adverse, the SEPP does not require the implementation of

attenuation measures.

cl. 102

Impact of road noise or

vibration

The site is located approx. 65m from the highway corridor at its

closest point and is partially shielded by the topography.

The “Development Near Rail Corridors and Busy Roads – Interim

Guideline” published by NSW Department of Planning in

December 2008 has also been considered in the assessment of

the application. As the site is more than 60m from the highway

corridor and Section 3.5.1 therefore does not require an acoustic

assessment.

Y

SEPP (Koala Habitat Protection) 2021


Y/N

Part 1 Preliminary

cl.5 Land to which SEPP

(Koala Habitat Protection)

2021 applies

The Blue Mountains local government area is listed in Schedule 1

and the SEPP (Koala Habitat Protection) 2021 therefore applies

to all zones within the Blue Mountains LGA.

Y

Part 2 Development control of koala habitats

cl.7 Land to which Part 2

applies

The SEPP (Koala Habitat Protection) 2021 applies to all zones

(including rural zones) within the Blue Mountains LGA.

Y

cl.11 (1) Development

assessment process – no

approved koala plan of

management for land

The development is proposed on land without an approved Koala

Plan of Management (there are no approved Koala Plans of

Management in the Blue Mountains LGA).

The land (and adjoining land under the same ownership) does not

exceed 1 hectare in area. The SEPP (Koala Habitat Protection)

2021 therefore does not apply to the proposed development.

NA

Sydney Regional Environmental Plan No 20 – Hawkesbury-Nepean River


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Y/N

Impact of development on

drinking water sub

catchment

The land is located in the Grose River subcatchment. The

proposal does not impact on stormwater drainage and does not

require any significant vegetation removal. The proposal complies

with the general planning considerations and the specific planning

policies and related recommended strategies which are applicable

to the proposed development, including water quality, water

quantity and urban development.

Y

Local Environmental Plan 2005 [LEP2005] & Draft Local Environmental Plan 2013

[DLEP 2013] – s4.15(1)(a)(i)

The following table is an assessment of the provisions in LEP 2005. The proposed development has also

been assessed against the provisions of Draft LEP 2013 with discussion provided accordingly.

Where a draft clause is equivalent to a clause under LEP 2005, the clauses are listed together and a single

assessment undertaken. Clauses within DLEP 2013 which represent new policy are listed at the end of the

table.

Part 1 Planning principles

Clause Standard Discussion Compliance

Y/N

12 Principal objectives of

LEP

LEP2005:

The proposed development meets the following

relevant objectives:

(a) To maintain the unique identity and values of the

City as the “City within a World Heritage National

Park”.

(c) To conserve and enhance, for current and future

generations, the ecological integrity, environmental

heritage and environmental significance of the Blue

Mountains.

(d) To identify and conserve the distinct Aboriginal

and European cultural heritage of the built forms

and landscapes of the Blue Mountains.

Y

DLEP2013

1.2

DLEP2013: The proposal is considered to satisfy

the aims of the plan that are relevant to the

proposed development.

Part 2 Locality management


Y/N


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Part 2 Locality management


Y/N

Part 2 Div

2

Objectives of the zone LEP2005: The proposed development meets the

objectives of the zone, in particular:

To enhance the landscape character and

setting along roads of heritage significance

where the road forms a visually significant

entrance to a village or a linkage/pathway

between major visitor destinations.

To ensure development, including development

within adjoining road reserves, retains the

prominence of landscape elements and

traditional garden settings.

Y

DLEP2013

Landuse

table

DLEP2013: The objectives of Zone R6 are met, in

particular:

To preserve and enhance the character of

residential areas that are formed by larger

allotments and single dwelling houses within a

prominent traditional garden setting.

32 Part 2

Div 3. Sch

8

Development permissible

on subject land

LEP2005: The proposed use is categorised as

dwelling house. This use is permissible with

development consent in Living Conservation Zone

Y

DLEP2013

2.6 for

subdivision

Landuse

table

DLEP2013: The proposed use is categorised as

dwelling house. The use is permissible with

development consent in Zone R6 Residential

Character Conservation.

Y

Part 3 Assessing the site and environmental context


Y/N

44 Environmental impact LEP2005: The proposed development comprises

minor external works and is not expected to have

an adverse impact on the natural environment.

Y

DLEP2013

6.1

DLEP2013: As above

53 Retention and

management of

vegetation

LEP2005:

No vegetation is proposed to be removed.

Y

DLEP2013

5.9 5.9AA

DLEP2013:

As above


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Y/N

56 Site disturbance &

erosion control

LEP2005:

The proposed ramp will not result in any significant

site disturbance

Y

DLEP2013

6.14

DLEP2013:

As above

57 Stormwater management LEP2005:

The proposed development does not include any

additional roofed areas and a negligible increase in

hard stand areas.

NA

DLEP2013

6.9

DLEP2013: As above

58 Modification of land form LEP2005: The development will not impact on the

land form. No excavations, other than pad footings

for the ramp, are proposed.

Y

DLEP2013

6.14

DLEP2013: As above

Character and landscape assessment

60 Consideration of

character and landscape

LEP2005: The form and colour of the proposed

development changes is compatible with the

existing development on the property.

The proposed ramp along the eastern and southern

side of the building comprises minor works and

have no significant impact on built character and

landscape.

Y

DLEP2013

6.18, 6.21

DLEP2013: As above

65 Landscaping for

residential development

No vegetation removal is proposed or required for

this development.

Y

Heritage conservation

68 Consideration of heritage

conservation

LEP 2005:

The development complies with the relevant

heritage conservation objectives and relevant

provisions in Part 3 Division 4.

Y

DLEP2013

5.10

DLEP 2013:


heritage conservation objectives in clause 5.10(1).


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Y/N

69 Heritage conservation

objectives

LEP 2015:

The development meets the following conservation

objectives:

(a) To conserve the environmental heritage of the

Blue Mountains.

(b) To conserve the heritage significance of existing

significant fabric, relics, archaeological sites,

settings and views associated with heritage items

and heritage conservation areas.

(d) To ensure that the heritage conservation areas

throughout the City retain their heritage

significance.

Y

DLEP2013

5.10

DLEP2013:


heritage conservation objectives in clause 5.10(1).

Y

70 Protection of heritage

items and heritage

conservation areas

LEP 2015:

The scope of the proposed works do not fall within

the categories of exempt development in subclause

(2) & (3), and require consent under subclause

(1)(c).

Y

DLEP2013

5.10

DLEP2013:

The scope of the proposed works do not fall within

the categories of exempt development in subclause

(3).

Y

71 Determination of

development applications

for heritage

LEP2005:

A heritage impact statement (HIS) has been

submitted along with the DA. The Council’s heritage

advisor has assessed the extent to which the

carrying out of the proposed development would

affect the heritage significance of the heritage item

and the conservation area, with reference to the

requirements in subclauses (2), (3) and (4).

The following assessment advice is provided by the

Council’s heritage advisor:

The proposed changes to the heritage item

are in accordance with the heritage

conservation objectives. The proposed

changes are largely internal and will not have

an adverse impact on the heritage item or the

Y


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Y/N

HCA.

The proposed changes will help maintain the

significance of the heritage item and will help

in its long-term conservation.

All original fabric of the heritage item is to be

conserved. This includes the existing fireplace

in the kitchen (proposed bathroom), door (of a

shorter height) in the north-east corner of the

former kitchen, external windows to the former

kitchen and bathroom.

The door in the north-east corner appears to

be earlier fabric. As there is no understanding

of the significance of this door (the HIS does

not establish this), it is required that this door

be retained.

The proposed internal changes to the heritage

item will help in removing the commercial

kitchen and allow the residents to introduce a

modern kitchen in the rear family room area.

All works are largely reversible, therefore

acceptable. All original fabric of the property

will not be impacted due to the development.

The fireplace in the kitchen will be retained,

although the space is to be used as a

bathroom.

The works to introduce the bathroom is to be

carried out sympathetically with minimal

damage to the existing fabric as per the

recommended conditions of consent.

Two new doors are proposed to be introduced,

which will have a minimal impact on the

significant fabric of the heritage item. All

external features will be retained.

The external ramp is a new structure that is

completely reversible if required and the works

will enable wheelchair/disabled access to the

property. The proposed ramp is of minimal

impact to the garden as it wraps around the

rear of the house and will not have an adverse

impact on the streetscape.

The heritage item and all the significant fabric

will be conserved as part of this proposal. All

changes proposed are to be fully reversible if

required.


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Y/N

The proposed changes will have a minimal

impact on the significance of the heritage item,

the HCA and is compatible with the

surrounding area’s character.

The existing views of the property will be

preserved. The addition of the ramp is a minor

modification that is acceptable to allow

accessible entry to the property. The proposed

changes are reasonable to allow for

wheelchair access for mobility impaired

persons.

This assessment concludes the development meets

the requirements for heritage conservation and

recommends approval subject to the draft heritage

conservation conditions in Part 3 of this report.

DLEP2013

5.10

DLEP2013:

The Council’s heritage advisor has assessed the

extent to which the carrying out of the proposed

development would affect the heritage significance

of the heritage item and the conservation area, with

reference to the requirements in subclauses (2) &

(4).

72 Notice of development

applications

The minor scope of works does not categorise the

development as advertised development. NA

73 (Repealed)

74 Aboriginal heritage LEP 2005:

The site contains no known Aboriginal heritage

significance. Council’s search of the Office of the

Environment and Heritage AHIMS Web Services

(Aboriginal Heritage Information Management

System) register on 29 April 2021 confirmed no

aboriginal sites or places on any of the three lots.

Y

DLEP2013

5.10(8)

DLEP 2013

As for LEP 2005 above.

75 Archaeological sites The site does not have any known archaeological

significance. Ground disturbance is limited to

shallow pad footings for the ramp and it is

considered the potential for disturbance of any

below ground relics is unlikely.

Y

DLEP2013 DLEP 2013


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Y/N

5.10(7) As for LEP 2005 above.

76 Development in the

curtilage of a heritage

item

LEP 2005:

The site directly adjoins the Old General Store at 1

Badgerys Crescent, listed as Item No LN001,

located to the west. There are also a number

heritage items in close proximity:

LN008 – Dorinda 8 Badgerys Crescent

LN018 – Stratford 4-8 San Jose Avenue

LN026 – Lawson Bowling Club 2 Loftus Street

LN027 – Lawson Council Depot 5-7 Loftus Street

The development does not adversely impact on the

heritage significance or visual setting of these

items.

Y

DLEP2013

5.10(5)

DLEP 2013:

As for LEP 2005 above. A heritage management

document is not considered necessary due to the

minor scope of works.

77 Conservation incentives LEP 2005:

The development does not rely on heritage

incentives for permissibility.

NA

DLEP2013

5.10(10)

DLEP2013: as above NA

Part 4 Considerations for development

Services and infrastructure

94 General provision of

services

LEP 200%:

Utility services are available to the site including

sewer, power and water. The proposed

development does require any additional servicing.

Y

DLEP2013

6.24

DLEP 2013:

As above

Vehicular access, parking and roads

98 Access to land from a

public road

Legal access to the land is available from Badgerys

Crescent which is a public road.

Y


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Part 4 Considerations for development

Privacy

103 Privacy for dwellings and

granny flats

The proposed use as a dwelling house is likely to

have less impact on neighbouring properties than

its previous use as commercial premises. The

access ramp is not elevated and not close to

common boundaries. The use is consistent with

neighbouring residential uses and the development

is not expected to impact upon the privacy or

amenity of residents on adjoining properties.

Y

Schedule 2 – Locality Management within Living Zones

Clause Standard Control Proposed Compliance

Y/N

Part 2

Division 1

cl. 1(1) Height of

buildings

Eave height

6.5 metres

4.5 metres

No change/increase Y

DLEP2013 Height of

buildings

As above Y

cl. 2(1) Front building

setback

a) allows for any

established front

gardens to be retained,

and

(b) is within 20 per cent

of the average setback

of dwellings on

adjoining allotments in

established areas.

The ramp is located behind

the established front setback.

Y

cl. 2(2)(d) Setback from

other boundaries

Minimum setback from

a side or rear boundary

is 1 metre.

The ramp is more than 1m to

the side boundaries.

Y

cl. 3(1) & (3) Site coverage Maximum allowable site

coverage on the

property is 330.352 m2.

The proposed ramp is open

deck construction which is not

included in site coverage

calculations.

Y

cl. 3(4) Soft, pervious or

landscaped area

A minimum of

782.148m2 soft,

pervious or landscaped

area is to be retained.

No increase in impervious

area.

Y


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Part 2 Division 2

cl. 1 Retaining

character within

the Living –

Conservation

Zone

The scale, building form and materials of the proposed

development is consistent with the established character

of the surrounding area.

Y

cl. 2 Landscape

character within

the Living –

Conservation

Zone.

The proposed development does not require the removal

of trees or vegetation and therefore is unlikely to have

any adverse impact upon the garden setting on the

property, or the landscape setting of the surrounding

area.

Y

Better Living Development Control Plan – s4.15(1)(a)(iii)

The proposed development has been assessed against the provisions of the Better Living Development

Control Plan (BL DCP) with significant points of consideration identified and discussed in the table below.


Y/N

C3 Heritage conservation The application has been assessed by the Council’s

heritage advisor as meeting the relevant

requirements.

Y

D1.2 Biodiversity There is minimal site disturbance and no vegetation

removal is required to facilitate the proposed

development.

Y

D1.4 Stormwater NA

D1.5 Streetscape and

character

The proposed development is consistent with the

character of the surrounding area and is unlikely to

have any adverse impact on the streetscape or

adjoining properties. The building materials, colours

and architectural form are complementary to the

character of the surrounding locality.

Y

D1.8 Services All services are available. Y

D1.10 Vehicular access, parking

and roads

Existing vehicle access and on-site parking is not

affected by the proposed development. The

development provides the minimum require one

parking space behind the building setback for a

dwelling house.

Y

D1.11 Amenity The proposed development is not expected to have

an adverse impact upon the amenity of adjoining

properties.

Y


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Proposed planning instruments – s4.15(1)(a)(ii)

Draft LEP 2013 applies to the site. The relevant draft provisions have been considered alongside the parallel

LEP 2005 provisions in the s4.15(1)(a)(i) Table above.

Planning Agreement – s4.15(1)(a)(iiia)

There are no planning agreements that apply to the proposed development or the subject site.

Regulations – s4.15(1)(a)(iv)

The Environmental Planning and Assessment Regulation, provides controls and regulations that relate to the

management of the proposed development. These requirements are inherent in the assessment processes

undertaken for the proposal.

Biodiversity Conservation Act 2016

Section 1.7 of the Environmental Planning and Assessment Act 1979 provides that a development is also

subject to the provisions of Part 7 of the Biodiversity Conservation Act 2016 (BC Act). Part 7 contains

additional requirements with respect to assessments, consents and approvals.

S7.2 of the BC Act states that a development will ‘significantly affect threatened species’ if:

a) It is likely to significantly affect threatened species or ecological communities, or their habitats,

according to the test in section 7.3, or

b) The development exceeds the Biodiversity Offset Scheme (BOS) threshold if the BOS applies to the

impacts of the development on biodiversity values, or

c) It is carried out in a declared area of outstanding biodiversity value (No area of outstanding

biodiversity value has been declared in the City of Blue Mountains under the BC Act 2016. The

nearest listed declared area of outstanding biodiversity value is the Wollemi Pine declared area

located within the Wollemi National Park).

S7.3 Test for

determining whether

proposed development

or activity likely to

significantly affect

threatened species or

ecological

communities, or their

habitats

A five part test of significance has been undertaken to determine the potential

impact upon threatened species, endangered or critically endangered

ecological communities. There are no threatened species or endangered or

critically endangered ecological communities on the subject or adjoining

properties. It has been concluded that there is not likely to be a significant

impact to threatened species or ecological communities or their habitat, or to

any declared area of outstanding biodiversity value from the proposed

development.

A Biodiversity Development Assessment Report (BDAR) is therefore not

required to address the Biodiversity Offset Scheme (BOS) requirements.

S7.4 Exceeding

biodiversity offsets

scheme threshold

The Biodiversity offset Scheme (BOS) threshold is not triggered by the

development proposal as follows:

- the subject property and footprint of proposed works is not identified in

the Biodiversity Values Map

- no vegetation is to be cleared


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Biodiversity Conservation Act 2016

- the development does not involve a prescribed action as defined by

the S6.1 of the BC Regulations 2017

A Biodiversity Development Assessment Report (BDAR) is therefore not

required to address the Biodiversity Offset Scheme (BOS) requirements.

Likely impacts – s4.15(1)(b)

Likely impacts on the natural and built environment

Discussion

Vegetation removal and

management

No vegetation is affected by this development

Heritage The assessment by the Council’s Heritage Advisor concludes the proposed

development is beneficial to the long-term conservation of the heritage item and

will improve its functionality for the residents, and will have no likely adverse

impacts.

Character and amenity The proposed development is consistent with the character of the surrounding

area and as a result will not have any adverse impact upon the built environment

Access and traffic The traffic generation activity of the dwelling use is expected to be lower than the

previous commercial use. The development will have no likely adverse impact.

It is considered that the development does not have an adverse impact on the natural and built environment.

Likely social impacts

It is considered that the development will have a neutral or beneficial impact.

Likely economic impacts

It is considered that the development will have a neutral impact.

Suitability of the site for the development – s4.15(1)(c)

Site suitability The site and existing building are considered suitable for the proposed use and

development.

Submissions – s4.15(1)(d)

Notification and / or exhibition

Consultation was undertaken in accordance with the requirements Part L Public Participation of the Better

Living DCP and the requirements under the Environmental Planning and Assessment Regulation

Notification The application was notified to adjoining land owners for the period 5 May 2021

to 19 May 2021. The application was also advertised on Council’s website.


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Submissions – s4.15(1)(d)

Notification and / or exhibition

No submissions were received.

Public interest – s4.15(1)(e)

Public interest No issues have arisen during the assessment that would indicate the proposed

development is not in the public interest


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PART 3 Proposed conditions of consent

Confirmation of relevant

plans and documentation

1. To confirm and clarify the terms of consent, the development shall be carried out

in accordance with the following plans and accompanying supportive

documentation, except as otherwise provided or modified by the conditions of this

consent:

Document Prepared by: Drawing No Date

Site Plan Katy Atkins Architectural Drafting Services DRWG 1 March 2021

Floor Plan Katy Atkins Architectural Drafting Services DRWG 2 March 2021

Sections & Elevations Katy Atkins Architectural Drafting Services DRWG 3 March 2021

Demolition Plan Katy Atkins Architectural Drafting Services Not Stated March 2021

Confirmation of approved

use

2. The approved use the subject of this consent is confirmed as a single dwelling

house.

This consent does not approve the use of the dwelling for commercial or any

other purpose, unless the use is exempt development under the provisions of

State Environmental Planning Policy (Exempt and Complying Development

Codes) 2008, or any other state planning policy.

Sydney Water

building plan approval

Prior to works commencing

3. A building plan approval must be obtained from Sydney Water Tap inTM to ensure

that the approved development will not impact Sydney Water infrastructure.

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

submitted to the Principal Certifying Authority prior to works commencing.

Please refer to the web site www.sydneywater.com.au - Plumbing, building &

developing - Sydney Water Tap inTM, or telephone 13 20 92.

Construction certificate 4. A construction certificate is required prior to the commencement of any building

works. This certificate can be issued either by Council as a certifying authority or

by an accredited certifier.

Notification of Home

Building Act 1989

requirements

5. Prior to commencement of building works, the Principal Certifying Authority is to

provide Council with written notice of:

In the case of work for which a principal contractor is required to be

appointed:

o The name and licence number of the principal contractor, and

o The name of the insurer by which the work is insured under Part 6 of the

Home Building Act 1989.

In the case of work to be done by an owner-builder:

o The name of the owner-builder, and

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


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o If the owner-builder is required to hold an owner-builder permit under the

Act, the number of the owner-builder permit.

Insurance under the Home

Building Act 1989 or owner-

builder permit

6. Prior to the commencement of any building works authorised by this consent, you

must provide to the Principal Certifying Authority:

a) A copy of the contract of insurance complying with the Home Building

Act 1989. Information on this insurance scheme can be obtained from

NSW Fair Trading. Or,

b) A copy of the owner-builder permit.

Building Code of Australia 7. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

Signage 8. To ensure that the site is easily identifiable for deliveries and provides information

on the person responsible for the site, a sign displaying the following information

is to be erected in a prominent position on the site prior to building, subdivision or

demolition works commencing:

The name, address and telephone number of the principal certifying authority

for the work,

The name of the principal contractor for any building work and a telephone

number on which that person may be contracted outside working hours, and

The statement that “Unauthorised entry to the site is prohibited”.

Site management 9. To safeguard the local amenity and pedestrian safety, reduce noise nuisance and

to prevent environmental pollution during the construction period:

Site and building works (including the delivery of materials to and from the

property) shall be carried out Monday to Friday between 7am-6pm and on

Saturdays between 8am-3pm, excluding public holidays. Alteration to these

hours may be possible for safety reasons but only on the agreement of

Council.

Stockpiles of topsoil, sand, aggregate, spoil or other building materials, and

temporary structures (such as site sheds and toilets) shall be stored wholly

within the subject property and clear of any drainage path or easement,

natural watercourse, footpath, kerb or road surface and shall have measures

in place to prevent the movement of such material off site. The approval of

Council under the Roads Act 1993 is to be obtained prior to the placement of

any materials or temporary structures on Council land.

Building operations such as brickcutting, washing tools, concreting and

bricklaying shall be undertaken on the building block, with pollutants

contained on site.

Builders waste generated under this consent (including felled trees, tree

stumps and other vegetation) must not be burnt or buried on site.

All waste must be contained and removed to an approved Waste Disposal

Depot or in the case of vegetation, with the exception of environmental and


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declared noxious weeds, mulched for re-use on site.

Workers amenities 10. Before work starts, access to toilet facilities must be provided for construction

personnel on the site.

Heritage Conservation 11. The following requirements apply to ensure objectives for heritage conservation

are met:

a) A photographic archival recording of the affected areas of the subject site

shall be provided with a minimum of 15-20 photographs. The photographs

are to include all angles of exteriors and interiors. All photographs are to be

labelled with captions providing the location where it was taken and the

direction. The photographic archival record must be submitted to Council to

the satisfaction of Council's Heritage Officer prior to the issue of the

construction certificate.

b) The fireplace in the proposed bathroom is to be retained. The removal of

the commercial kitchen fit-out and tiling must not damage the original

fireplace that is required to be retained.

c) An existing door (appears to be an earlier door that is shorter in height) in

the north-east corner of the former kitchen is required to be retained.

d) Suitable cladding and damage-proofing shall be provided to protect the

original fabric (existing walls, door, fireplace, windows, etc) and to ensure

no damage to the original fabric occurs during demolition of the kitchen and

bathroom or later during installation of the new bathroom.

e) The ramp is required to be a free-standing structure and not attached to the

heritage item – cottage. The ramp is required to be constructed in a suitable

timber and painted to match the external colours of the house.

f) All proposed development including the proposed bathroom and the ramp

construction must be fully reversible if required to allow the heritage item to

be restored to its original form if required.

Documents

BLUE MOUNTAINS LOCAL PLANNING PANEL ITEM NO: 2.2 23 …