City of Ryde - Development Committee Agenda … · CITY OF RYDE DEVELOPMENT COMMITTEE AGENDA NO. 16/05 ... motor showroom, ... proposal mainly because it is out of context with the

CITY OF RYDE DEVELOPMENT COMMITTEE

AGENDA NO. 16/05 The above Committee will meet on Tuesday, 20 September, 2005 in Committee Room No. 2, Fifth Floor, Civic Centre, Ryde at 4.00pm to discuss the following matters. Any matters not determined at the meeting will be considered by the Council at its meeting to be held on Tuesday, 27 September, 2005. CONTENTS Item Property/Subject Page 1 ELECTION OF CHAIRPERSON & DEPUTY CHAIRPERSON .......................... 1 2 CONFIRMATION OF COMMITTEE REPORT ..................................................... 2 3 601 – 607 BLAXLAND ROAD, EASTWOOD. Lots A, B & C in DP

313830; Lot B in DP 105335. Local Development application for a demolition, motor showroom, service facilities, administration together with associated parking. LDA 6/2005. Applicant: Honda Eastwood. INSPECTION 4.20PM & INTERVIEW 5.05PM ................................. 3

4 34 WESTMINSTER ROAD, GLADESVILLE. LOT: 32 DP: 603198. Local

Development Application for a double carport and awning. LDA 372/2005. Applicant: Ian Cubitt's Classic Home Improvements. INSPECTION 4.45PM & INTERVIEW 5.15PM .................................................. 57

5 69 FALCONER STREET, WEST RYDE. LOT: 53 DP: 4964. Local

Development Application for Demolition, construction of Urban Housing comprising 3x3 bedroom villas and strata subdivision. LDA 1085/2004. Applicant: Paul Abi-Saab. INTERVIEW 5.20PM .......................... 69

6 34-36 AMIENS STREET, GLADESVILLE. LOT: 3 DP: 10340. Local

Development Application for Subdivision - boundary adjustment. LDA 364/2005. Applicant: The Plan Shop. INTERVIEW 5.25PM ................. 119

7 31 MALVINA STREET, RYDE. LOT: 2 DP: 542589. Application under

Section 96 of the Environmental Planning and Assessment Act 1979 for a 2 Lot Subdivision. Proposed Deletion of Conditions to Enable the Removal of a Eucalyptus pilularis (Blackbutt) tree. LDA 121/2004. Applicant: Harrison Friedmann & Assoc Pty Ltd. INTERVIEW 5.30PM .... 132

8 11 DELMAR PARADE, GLADESVILLE. LOT: 32 DP: 16334. Local

Development Application for Additions & alterations to dwelling, new pool, double garage. LDA 701/2004. Applicant: N Lycenko. INTERVIEW 5.40PM ......................................................................................... 144

9 243 ROWE STREET EASTWOOD. LOT: C DP: 327357. Local

Development Application for Internal Fitout for Chinese Noodle Shop. LDA 198/2005. Applicant: Henry Zhang. .................................... 179

CITY OF RYDE Development Committee Agenda No. 16/05 Page 1

ITEM 1 ELECTION OF CHAIRPERSON & DEPUTY CHAIRPERSON


ITEM 2 CONFIRMATION OF COMMITTEE REPORT RECOMMENDATION: That the report of the meeting of the Development Committee No. 15/05 held on 6 September 2005, be confirmed.


ITEM 3 601 – 607 BLAXLAND ROAD, EASTWOOD. Lots A, B & C in DP 313830; Lot B in DP 105335. Local Development application for a demolition, motor showroom, service facilities, administration together with associated parking. LDA 6/2005. Applicant: Honda Eastwood.

INSPECTION 4.20PM INTERVIEW 5.05PM

FILE NO. LDA05/6 Manager Assessment Reports 13 September 2005 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers a development application for the demolition of buildings, the erection of a multi-level building (2 levels underground and the equivalent of 3-4 levels aboveground) containing a motor showroom for new and used motor vehicles, service and administration facilities, associated car parking for 257 vehicles (not including vehicles displayed for sale) and the consolidation of four allotments to form a single allotment. The proposed development has been assessed having regarded the relevant planning controls and generally complies except for the display of vehicles on land reserved for future road widening, which is contrary to the site specific DCP. A condition of consent prohibits the display of vehicles on this land and requires the area to be landscaped. The proposal was considered by the Design Review Panel that does not support the proposal mainly because it is out of context with the adjoining residential development. The application was advertised and the residents of surrounding properties notified in accordance with Council’s Notification DCP. Four (4) submissions were received as a result of the notification. The issues raised have been addressed in detail within the report. It is recommended that the subject application be approved as a deferred commencement consent to allow the submission of plans relating to drainage works within Blaxland Road. Reason for Referral to Development Committee: Nature of the proposed development and the objections received.


ITEM 3 (Continued) 2. Site (Refer to attached map.) Address : 601 – 607 Blaxland Road, Eastwood – eastern side

between Edgar and Lansdowne Streets. Site Area : 3,693m2 m2

Frontage 60.5 m Depth 77.6m (southern boundary) Topography and Vegetation : The site falls approximately 4m from the southern side

boundary to the northern side boundary. The site contains no vegetation with the exception of two large trees located in the front setback of No.607 Blaxland Road.

Existing Buildings : No. 601 – 605 Blaxland Road contains a Honda Motor Dealership comprising a two storey brick motor showroom/office/workshop building and a carport structure used for 4 work-bays, including a hoist. No. 607 Blaxland Road contains a single storey cement rendered dwelling. The rear yard is used for parking of vehicles associated with the Honda Motor Dealership.

Planning Controls Zoning : Part Residential A and part County Road Widening Other : Clause 72ZE of RPSO SEPP 11 – Traffic Generating Developments SEPP 55 – Remediation of Land DCP27 – Waste Minimisation & Management DCP28B – Advertising Signs

DCP29A - Car Parking DCP37 – Access for People with Disabilities

DCP41 – Stormwater Management DCP45A – Energy Smart/Water Wise DCP47 – 601 - 607 Blaxland Road

Section 94 Contributions Plan No. 1 (2003 amendment) 3. Proposal The application seeks consent for the following: • Demolition of existing buildings on the site, including the removal of 2 trees. • The construction of a new multi-level building to be used as a motor showroom

incorporating new & used vehicle sales, vehicle servicing, parking for 257 vehicles plus 23 vehicles in the motor showroom, 21 used vehicles and 13 workbays bringing the total to approximately 314 vehicles on the site.

• The use of the site as a motor showroom. • Consolidation of the four allotments comprising the site to form one single

allotment.


ITEM 3 (Continued) Proposed Building: The proposed multi-level structure will contain 6 levels although many are mezzanine type levels within the main part of the building. Due to the sloping nature of the site the mezzanine levels are separate and are of different levels within the main floor level. The building is pyramid shaped with the ground and first floors practically extending across the whole site with the second floor within the apex of the pyramid. This results in the building being 2 storeys at the boundaries and 3 storeys in the centre, although because of the floor to ceilings heights needed to accommodate trucks and equipment it is the equivalent in height to a 3 – 4 storey building. The building is will have 8286m2 of floor space and consist of: Lower basement level comprising a floor area of 2,076m2 and containing 118

parking spaces for motor vehicle storage space. Upper basement level comprising a floor area of 2,086m2 and containing a total of

99 parking spaces comprising 34 motor vehicle storage spaces, 40 staff parking spaces and 25 spaces for the parking of vehicles to be serviced. Plant rooms are also proposed on this level.

Ground floor (levels 1-3) comprising

• Level 1 at street level and containing: 883m2 floor area including service reception, workshop administration,

amenities and storage, service workshop containing thirteen (13) workbays, spare parts sales and storage, staff facilities, storage areas.

Used car display area (approximately 21 vehicles) on the Blaxland Road frontage on land proposed for future road widening.

Thirteen (13) visitor parking spaces. Four (4) parking spaces to accommodate vehicles to be collected.

• Level 2 is a mezzanine level (176m2) on the south side of the building near the main vehicular entry level and will contain the main customer reception area, lift and used car sales offices.

• Level 3 is also a mezzanine level (225m2) above service reception area on the north side of the building and will contain a service waiting lounge, the service administration section and a storage area.

First floor (Levels 4 – 5) having a floor area of 1,798m2 comprising:

• Level 4 at the rear containing pre-delivery area (23 vehicles) and storage • Level 5 at the front containing the new car showroom (23 vehicles), associated

offices and north facing terrace with wide planter boxes for screening. Second floor (Level 6) of 233m2 within the centre of the building and will contain

the main administration area, general offices, boardroom and amenities. A glass wall will allow overlooking from the general office area into the new car showroom below.


ITEM 3 (Continued) Proposed Use: The use of the site will essentially consist of three divisions comprising car sales,

car service and spare parts sale. Each division is proposed to operate different hours as follows:

Division Weekdays Saturdays Sundays

Car Sales 7.30am-5.30pm 7.30am-5.00pm 9.00am-5.00pm Car Service 6.30am-8.30pm 7.00am-12 noon Closed Spare Parts Sales 7.00am-5.30pm 8.00am-12 noon Closed

A total of sixty-six (66) staff are proposed to be employed at the site as follows:

Division Staff Numbers

Car Sales 15 Car Service 33 Spare Parts Sales

4

Administration 14 With regard to the servicing of vehicles, the following equipment is to be operated:

• Hand tools. • Electronic diagnostic equipment. • Tyre changing and wheel alignment equipment. • Air compressors. • Computers and other office equipment.

Staging of Development: Stage 1 of the development will involve the demolition of all structures on the site with the exception of the existing showroom building, which will be maintained and used for car sales during the redevelopment. The majority of the proposed structure is to be erected in stage 1. In stage 2, the existing showroom building will be demolished and the proposed structure completed. Sales will be able to continue in the building partially constructed in stage 1. The following documentation was lodged in support of the application: – • Waste Management Plan • Traffic & Parking Assessment • Access Report • Statement of Environmental Effects • Environmental Site Assessment • Noise Emission Assessment • Carpark & Workshop Ventilation Report


ITEM 3 (Continued) • Security Report • Finishes Board • Perspective from Blaxland Road. 4. Background / Critical Dates • The building at No.603 -605 Blaxland Road was constructed around 1927 for

motor sales and garage purposes. An associated service station was constructed between 1927 – 1929. The site ceased operating as a service station in 1974. After the closure of the service station, the building was adapted to a motor showroom and this use, currently operated by Eastwood Honda, has operated from the site continuously since that time.

• No. 607 Blaxland Road comprises a dwelling house and large rear yard. It

appears that the use of the rear of the property for the storage of motor vehicles commenced around 1977 without Council approval. It is not known when the use of the dwelling in conjunction with the motor showroom commenced.

• An application to alter the planning controls to allow the use of the property for

motor showroom purposes was refused by Council in 1993. • A further application to alter the planning controls to allow the site to be used in

conjunction with the adjoining motor showroom use was approved by Council and the RPSO was subsequently amended by LEP 141 on 26 March 2004.

• It appears that the use of No. 607 in conjunction with the adjoining motor showroom continues without approval.

• The DA was lodged on 4 January 2005. • Public Notification commenced 2 February 2005. Four (4) submissions were

received in respect of this notification. One submission contained 34 signatures from residents of 30 neighbouring properties objecting to the proposed development.

• A letter dated 22 February 2005 was forwarded to the applicant requesting

additional information regarding site contamination, noise assessment, clearer elevations, assessment of the proposal in the context of adjoining development, shadow impacts, crime/security measures, mechanical ventilation details, energy efficiency, photo montage from Blaxland Road and trade waste disposal

. • Application considered by the Design Review Panel on 13 April 2005 and the

panel’s comments forwarded to the applicant. A reply to comments of the panel was received 14 June 2005.

• The additional information was received on 2 May 2005 and 6 June 2005.


ITEM 3 (Continued) REPORT 5. Management Plan Linkages N/A 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community. This matter has no direct relationship to this key outcome area. Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. The assessment of this development application meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Energy and water consumption is minimised.

Energy performance report required (condition 21) and water saving appliances proposed in accordance with DCP 47 – Energy Smart, Water Wise.

• Landfill waste generation is minimized and the rate of recycling is increased. Excavation and building material to be re-used/recycled as per waste management plan.

• Well designed places and spaces that minimize personal harm and where people interact with each other, so that crime is reduced. Application referred to Police and all matters raised have been included in applicant’s security report.

Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City. The assessment of this development application meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008):


ITEM 3 (Continued) • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. The proposal was notified in accordance with Council’s DCP and submissions have been considered. Council ‘s business paper and decisions available to the public.

• Compliance with all legislative requirements and statutory obligations. The application has been assessed under the relevant planning legislation as set out in the report.

• An efficient and effective regulatory environment. Post approval impact mitigated by conditions of consent that are capable of regulatory control and implementation.

People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. Resident views sought through public notification process and their concerns have been addressed in the report.

• The dignity, aspirations, and rights of residents are responded to. Residents able to address Committee prior to decision on application. All persons lodging a submission advised in writing of outcome.

7. Consultation – Internal and External Internal Referrals Traffic Engineer and Committee: Memo 17 March 2005: At the meeting 17 March 2005 meeting of the Traffic Committee, the following was resolved: (a) That no objection be raised to the proposed development of a Honda

Showroom at 601–607 Blaxland Road, Eastwood on traffic and parking grounds.

(b) That all staff parking and loading and unloading should occur onsite.


ITEM 3 (Continued) (c) That the development application be referred to the Roads and Traffic Authority

as this property is located on Blaxland Road. Development Engineer: Memo 8 February 2005: The development drains into a new piped drainage system in the street via an on site detention system in accordance with Council's Development Control Plan 41 and a rainwater tank. No part of the site is within the 100 year Average Recurrence Interval flow path as shown on the mapping system. The drainage team's comments are not required. Access is via a driveway with a maximum grade of approximately 10%. The driveway complies with AS2890.1 and Council’s driveway codes. A road opening permit is required. A sediment and erosion control plan is required for the construction certificate. The landscape plans substantially match the drainage plans. The Architectural substantially match the drainage plans. From an engineering perspective there are no objections to approval of this application. Officer’s Comment: The recommended conditions include a deferred commencement condition with regard to drainage works on Blaxland Road being designed by a qualified civil engineer and approved by Council. The remaining conditions are numbered 98-121 in the recommendation. Environmental Health Officer: 2 June 2005: An Environmental Site Assessment Report (601-607 Blaxland Road, Eastwood NSW) prepared by Urban Environmental Consultants Pty Ltd. has been submitted to Council for comment. This preliminary site investigation report indicated that the site was previously used as a service station facility with up 10 underground storage tanks being present at the front of the site. Prior to this the site was used as a carriage works. The site has also been filled and car parts and car bodies were reported to be present in the fill materials. Title search also shows that the properties have been in the possession of individuals since 1988. The site was occupied by an individual as a panel beater from 1977-1998, motor mechanic from 1937-1949, boot maker from 1917-1934 and prior to that the land was under the ownership of various gentlemen during the period 1902-1917. The preliminary site investigation report concluded that due to the historical use of the site as a service station, the presence of up to 10 underground fuel tanks, localised petroleum hydrocarbon and metal impact, above the land use criteria and anecdotal evidence of fill material containing vehicle parts, the site will require remediation as part of the redevelopment works. A detailed remediation action plan (RAP) should be prepared outlining works to be undertaken including and not limited to: • Removal of all petroleum infrastructure associated with the former service station; • Validation of excavations as per NSW EPA (1994) Guidelines for Assessing

Service Station Sites;


ITEM 3 (Continued) • Waste classification of fill material requiring remediation and offsite disposal to

landfill; • Validation of all excavation surfaces for the proposed land use; • Preparation of a validation report outlining all remediation works undertaken and

results of laboratory analysis. Recommendation: That the Manager Assessment be advised the proposal will be satisfactory subject to the following conditions. Officer’s comment: Refer to conditions 51-97 in the recommendation. Landscape Architect: 28 February 2005: No objection to the removal of the two trees located in the front setback of No.607 Blaxland Road. Building Surveyor: Memo 16 August 2005: The application will be satisfactory subject to the following (conditions 22-50 the recommendation). Design Review Panel: 13 April 2005: The views of the panel may be summarised as:

Design Principle

Comment

Context Concerned about the visual impact on the private adjoining residential land and also the public domain

Scale Should be set back further from side and rear boundaries. Should be low key, low scale and a maximum of 2 storeys with reduced internal heights and volume.

Built Form The semi-circular plan with segmented radial roof, long sweeping lines and central cylindrical turret would be visually intrusive and uncharacteristic on the site. A simple massing composition with a reduced height and footprint incorporating rectilinear prismatic forms may be acceptable.

Density Not appropriate for the site and would result in a visual overdevelopment. No public benefit would result from the proposed redevelopment.

Resource, Energy and Water Efficiency

Consideration be given to: • Passive and active solar design • Efficient energy systems • Deep soil zones for mature vegetation • Re-use of grey and rain water • Biologically active forms of stormwater management.


ITEM 3 (Continued)

Design Principle

Comment

Landscape The planting proposed would provide some degree of foliage screening to the adjoining properties. The two existing trees (especially the eucalypt) at the Blaxland Road frontage are an important landscape element to the site and locality and should be retained and incorporated in an amended design. The strip of land reserved for road widening should not be used for display of vehicles. The land should be fully landscaped to accommodate street tree planting for the full length of the frontage and a footpath. The proposed development should then be setback from the road widening boundary by a similar dimension to accommodate a further landscaped strip and to ensure an adequate physical and visual street setback should the road widening occur.

Amenity The adjoining residential property at 599 Blaxland Road would be further overshadowed to a substantial extent. Overlooking of adjoining properties would occur from upper level terrace and balconies. Visually dominating form when viewed from the adjoining residential properties because of its bulk and close proximity.

Safety and Security

No comment.

Social dimensions

The proposed redevelopment is clearly not in the best interests of the local residential community.

Aesthetics The redevelopment proposal does not contribute favourably to the existing and desired future residential context. The design needs to demonstrate how the development fits into the existing adjoining residential context. A redesigned proposal should be informed by a view catchment and streetscape study to show the context and fit of the scheme.

Panel Conclusions/Recommendation • The Panel does not support the subject DA for the reasons stated in this report. • There are fundamental concerns regarding contextual fit, bulk, height, form and

character of the design. • The current DA should not be approved as it would prejudice the existing and

desired future residential amenity (on the eastern side of Blaxland Road). • An acceptable alternative redesign would need to be a substantial reduction of the

subject proposal to achieve the outcomes and satisfactorily address the concerns as discussed in this report.


ITEM 3 (Continued) Panel Comments to Council The Panel is very concerned that this DA appears to be driven by commercial requirements only rather than the result context and site analysis to properly inform the design. Of particular concern is that there are no quantitative controls in DCP 47. Instead the DCP relies upon a preliminary set of sketch drawings to control the design. This process has resulted in an unsatisfactory outcome so far in terms of the DA, which shows a gross overdevelopment of the site especially considering the existing residential context. Response by Applicants Consultant: 9 June 2005: The applicant’s consultant has provided a response to the comments of the panel and indicates that the panel assessed the application in terms of the design quality principles contained in clauses 9 -18 of SEPP 65 – Design Quality of Residential Flat Development that do not apply to a motor showroom. The height, bulk, appearance, use and intensity were extensively considered by Council at the rezoning stage and were embodied in the accompanying DCP. The proposal is generally in accordance with the DCP and the use of the design quality principles of SEPP 65 “is invalid in a statutory context and inappropriate from a general design assessment”. Officer’s Comment: The panel advises that: • The principles in SEPP 65 are relevant for any development notwithstanding their

use in SEPP 65. • The panel carried out an architectural and urban design merit review of the

proposal. The views of the panel are noted. Many of the issues raised by the panel are considered elsewhere in this report. However, given the history of the application and the controls in the site specific DCP it is considered that a merit based assessment against the heads of consideration in Section 79C of the Act is appropriate. External Referrals Roads and Traffic Authority: 1 April 2005: The RTA does not favour the construction of any new buildings or substantial structures on land required for future road widening. It would therefore raise no objection to the application provided any new building or structure is erected clear of the land required for road widening purposes. Should Council approve the application, the RTA recommends the following requirements being included in the development consent: 1. The vehicular driveway shall be designed in accordance with AS2890.1-2004. 2. The design and construction of the gutter crossing shall be designed in

accordance with RTA requirements.


ITEM 3 (Continued) 3. If not already in place, full time No Stopping restrictions are to be implemented

along the site frontage from First Avenue to the existing Bus Zone opposite Rowe Lane at full cost to the applicant.

4. All works associated with the development are to be at no cost to the RTA. The RTA also provided the following advisory comments for consideration by Council: 5. Appropriate provision should be made for the delivery and pick up of vehicles

from the site. 6. All vehicles should be able to enter and exit the site in a forward direction. 7. Consideration should be given to deleting and/or relocating car parking spaces

nos1 to 4 as vehicles manoeuvring in and out of these spaces are likely to block some vehicles entering the subject site off Blaxland Road.

8. Approval will not be given to a work zone along Blaxland Road at any time due to the poor sight distance around the curve.

Officer’s Comment: The comments of the RTA were forwarded to the applicant on 5 April 2005 and as a result the following changes have been made: • The canopies (sail cloth) and supporting structures have been deleted. • Spaces 1 – 4 have been relocated further into the site to reduce vehicle conflict. • The design enables a semi trailer to enter and leave the site in a forward direction

and not unduly impact on parking spaces. Items 1 – 4 have been included as conditions 4 and 5, while item 8 as been included as Advisory Condition 8. NSW Police: 5 April 2005: The following comments have been made in respect of the proposal: “Any CCTV should cover entry and exit points to the basement storage area and cash storage area. All external entry and exit doors and other shutters should be alarmed. Motion detector alarms should be installed in the office and showroom areas. Reinforcing to be installed in roof and glazed areas. Vegetation and landscaping should not restrict natural surveillance points or sight lines from Blaxland Road.” Officer’s Comment: The security report received 2 May 2005 includes compliance with all matters raised by the police – see condition 13. 8. Submissions: The proposed development was advertised and notified in accordance with Council’s Development Control Plan No. 15 – Notification of Development Applications. The application was advertised in the press dated 2 February 2005. Notification of the proposal was for a period in excess of 14 days between 2 February 2005 and 21 February 2005. 4 submissions (including one petition containing 34 signatures from residents of 30 neighbouring properties entitled ‘Residents of Eastwood Against Honda Redevelopment’) were received.


ITEM 3 (Continued) The issues raised in the submissions were: • The size and scale of the proposed motor showroom is inappropriate in a

residential area excessive height, overdevelopment of the site, proximity to residential boundaries. Its context and setting is inappropriate.

Comment:

The building is of a larger scale that residential dwellings. However the site has operated commercially for many years and contains existing buildings that are out of scale with dwellings. The pyramid design and articulation is to reduce its impact as far as possible onto adjoining residents. The building may be out of context with the residential surrounds but has to be assessed on merit given the history of the site and the rights that attach to it.

• Loss of value of surrounding residential properties.

Comment: There is nothing to substantiate this claim. A development that significantly reduces existing noise (motor vehicle, equipment, human) and water run-off may be seen as an improvement.

• No. 607 Blaxland Road is zoned residential.

Comment: Council, following public notification and consideration of submissions, amended the planning controls to allow a motor showroom use, notwithstanding the residential zoning.

• Impact of increased traffic and noise.

Comment:

The proposed will reduce noise as most traffic movement and noise is contained within the building. The noise associated with the existing 4 work-bays (including vehicle hoist) under the carport on the southern boundary will now be wholly within the building. Customer parking and service area parking is significantly increased.

• Impact of increased pollution.

Comment: There are minimal pollution control measures associated with the present use. Noise pollution, air pollution and water run-off will be significantly enhanced. All mechanical equipment will vent to the atmosphere through a shaft to the apex of the roof and discharge to the sky away from adjoining premises.


ITEM 3 (Continued) • Loss of privacy and amenity generally.

Comment: The design is aimed at reducing its impact on the amenity of adjoining residents. It incorporates external landscaping and high planter boxes with hanging vines to soften it visually. The balconies have wide planter boxes that restrict downward vision. Obscure or opaque glazing is used to also restrict overlooking opportunities.

• Larger setbacks of the proposed building to the site boundaries are required.

Comment:

The setbacks are generally in accordance with the DCP and are suitable for this type of building. Landscaping, including hanging planter boxes, will reduce the impact of the building.

• The plans do not suitably detail the proposed landscaping on the site.

Comment:

A detailed landscape plan, identifying plant species and size, was submitted with the application and is suitable for the development proposed.

• Although clause 72ZE of the RPSO allows a motor showroom on No.607 Blaxland

Road to be a permissible development, this does not give an automatic right for the proposed development to be approved.

Comment:

Agreed, clause 72ZE is an enabling provision that allows Council to assess the proposal on its merits.

• DCP No.47 further reduces the rights of adjoining property owners to lodge valid

objections by the inclusion of clause 2.8 ‘Design’.

Comment:

Clause 2.8 of DCP 47 require the development to be generally in accordance with concept plans considered by Council in conjunction with the request to amend the planning controls. It is to ensure that the development generally follows the form that Council based its decision on to alter the RPSO. It does not preclude any residents from making an objection to the design.

• Overshadowing of No.599 Blaxland Road, in particular the easterly and

northeasterly parts are continually in shadow from 9am – 3pm on June 21.


ITEM 3 (Continued)

Comment: Following criticism of the submitted shadow plans, amended plans were received that showed a corrected north point and the impact shadow would have on 599 Blaxland Road that adjoins on the southern side of the site. The plans show that on June 22 - • There is no morning shadow on the eastern (rear wall) of the dwelling. • Shadow on the northern wall is virtually confined to the footing and is clear of

the north facing windows for all the morning period. • There is minor overshadowing of the rear yard in the morning and it is not

significantly more than the shadow cast by the existing fence. • The north side of the dwelling and the rear yard are wholly within shadow at

3pm.

There is ample opportunity for access to morning sun from the private recreation area of the dwelling and sunlight exceed the 3 hours required for a dwelling under Council’s DCP for dwelling houses.

• An inadequate level of customer car parking (13 spaces) and service department

car parking is proposed, lead to vehicles parking on the footpath.

Comment: Parking complies with the DCP 47 and exceeds the requirements of the RTA and Council’s Parking DCP. The parking for visitors and the service department exceeds that existing at present.

• The submitted plans do not adequately detail proposed mechanical exhaust

equipment and expected levels of emissions especially as all vehicle movements are along the boundary with No. 599 Blaxland Road.

Comment:

The noise emission report indicates that noise will not adversely affect the adjoining residential premises providing: – A colourbond noise barrier is installed on the southern side of the ramp from

the workshop to the pre-delivery area (a privacy/noise screen is shown on the plans)

Garage door to the pre-delivery area should be treated to relieve noise in operation.

Various treatments to reduce workshop noise through glazed areas and doorways.

Location of mechanical plant exhaust stack away from residents (exhaust is to be via a “chimney” in the centre of the building).

• How will 8 vehicle car transporters park on-site given that no turning or

manoeuvring details have been submitted?


ITEM 3 (Continued)

Comment:

The traffic consultant has provided plans showing a semi-trailer can enter the site from Blaxland Road, proceed in a clockwise direction between the main reception and the service reception areas, around the used car sales office then return to Blaxland Road in a forward direction. The vehicle would stand on the southern side of the used car sale office and be totally within the building while loading and unloading vehicles.

• With regard to the level of excavation required, no geotechnical reports or details

have been submitted despite excavation to within 1m of the boundary. • There is concern over the structural stability of No.599 Blaxland Road from the

proposed construction works.

Comment:

A geotechnical report is usually required if there is evidence of land instability or flooding. Council has standard Advisory Conditions that apply and these are included in the recommendation.

• The submitted documentation is misleading and inaccurate as follows: Section 1 drawing is misleading. Survey plan has levels printed on top of each other. The vehicle ingress/egress point to Blaxland Road is not shown on the site

plan. No site analysis plan has been submitted. The Waste Management Plan is incorrect, as it does not show the material

arising from the proposed excavation. Comment:

The matters are dealt with in seriatim – There was no explanation of this assertion. Noted, some are unclear but are sufficient to determine the slope. These are clearly shown on the Levels 1 and 2 (ground) floor plan. Noted, some detail shown on the site plan. 21,000m3 shown, some re-used on site and rest recycled.

9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning The subject site is zoned part Residential A and part (approximately 299m2 adjacent to Blaxland Road) Reserved for County Road Widening.


ITEM 3 (Continued) As detailed in “Background”, No.603-605 Blaxland Road has been used for motor sales, garage purposes and service station since 1927 – 1929, although the site ceased operating as a service station in 1974. After the closure of the service station, the building was adapted to a motor showroom and this use, currently operated by Eastwood Honda, has operated from the site continuously since that time. The site was zoned Residential A under the Ryde Planning Scheme Ordinance (RPSO) that came into force in 1979, notwithstanding its “commercial” use. Under the provisions of the RPSO, a motor showroom is prohibited within the Residential A zone, however, Section 106 of the Environmental Planning and Assessment Act 1979 (EP&A Act) defines an ‘existing use’ as the use of a building or land, ‘for a lawful purpose immediately before the coming into force of an environmental planning instrument which would have the effect of prohibiting that use; and for which development consent was granted before the commencement of a provision having the effect of prohibiting the use.’ The subject site satisfies the above provision in that the existing motor showroom development was lawfully established and operating prior to the making of the RPSO on 1 June 1979. The use therefore benefits from the ‘existing use’ provisions of the EP&A Act. Section 108(1) of the EP&A Act allows ‘existing uses’ to be enlarged, expanded, intensified, altered, extended or rebuilt, notwithstanding the fact that the use is otherwise prohibited. This is provided that the proposed development is for the ‘existing use’ and relates to the land on which the ‘existing use’ was carried out immediately before the instrument prohibiting the use (the RPSO 1979) came into force. The proposed development satisfies the above criteria and, accordingly, the proposed development is permissible on No. 601-605 Blaxland Road with Council’s consent, under the existing use provisions. No.607 Blaxland Road is also zoned as Residential 2 A but does not benefit from existing use rights. However the RPSO was amended on 26 March 2004 by LEP 141 to permit the use of the land for motor showroom purposes in conjunction with Nos. 601-605 Blaxland Road.

Mandatory Requirements The following are applicable to this application.


ITEM 3 (Continued)

Ryde PSO Proposal Compliance Cl 14. Restrictions on Use: • Concurrence of RTA for use of

Reserved Land See comments in External Referrals

Yes

Cl 34. Consideration of Certain Applications

(i) Consider aesthetic impact when viewed from main road.

Design improves existing older buildings on site

Yes

(ii) Consider vehicular access, parking and loading for developments that are likely to cause an increase in vehicular traffic on any road in the vicinity of the development.

Considered in report Yes

Cl 41. Preservation of Trees • Consent for the removal of trees

that are subject to the Tree Preservation Order

Removal of the two trees at the front of the site due to their general condition and location within the road widening

No objection by Council’s Landscape Architect

Cl 41A. Subdivision of Land • Consent required for subdivision Application made Yes Cl 72ZE. No.607 Blaxland Road: • Site to be developed in

conjunction with No.601-605 Blaxland Road

Application made for whole site

Yes

• Lots to be consolidated within 12 months of the granting of consent.

See condition 3 of consent

Yes

(b) Relevant SEPP’s SEPP 11 – Traffic Generating Developments State Environmental Planning Policy No.11 (SEPP 11) requires developments involving the erection of a building for a commercial purpose, where the gross floor area of the building exceeds 1,000m2 and where the proposed development has direct vehicular or pedestrian access to an arterial road, to be referred to the Roads & Traffic Authority (RTA). A commercial floor space area of approximately 3,315m2 is proposed and the proposed access will be directly onto an arterial road (Blaxland Road). The application was referred to the RTA on 3 February 2005 and a response was received on 1 April 2005. As detailed previously in this report, the RTA raised a number of issues and these have been dealt with by conditions in the recommendation.


ITEM 3 (Continued) SEPP 55 – Remediation of Land State Environmental Planning Policy No.55 (SEPP 55) applies to the proposed development. Clause 7 of the Policy requires Council to consider the following: (a) Whether the land is contaminated (b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and (c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose. The subject site currently contains a motor showroom and associated buildings. The site has previously been used a petrol filling station. In view of the previous service station use, a preliminary contamination investigation report for the subject site is required under Clause 7(4)(b) of SEPP55 to establish whether the land is contaminated. An environmental Site Assessment Report was submitted that indicates that based on its past use the site will require remediation as part of the redevelopment works. The report recommends that a detailed Remediation Action Plan (RAP) be prepared and the requirements have been included as condition 6 in the recommendation. (c) Relevant REP’s There are none that affect this application (d) Any draft LEP’s There are none that affect this application (e) Any DCP DCP 27 – Waste Management & Minimisation A Waste Management Plan, prepared in accordance with the requirements set out in DCP 27, has been submitted with the development application. This plan is considered satisfactory and will be enforced by way of a condition of consent - see condition 7 of the recommendation. DCP 28B – Advertising Signage No signage is proposed as part of the subject application. A separate development application will therefore need to be submitted for signage.


ITEM 3 (Continued) DCP 29A – Car Parking

DCP 29A Proposed Compliance • 1 space per 2 employees (33 spaces) 40 spaces Yes • Visitor 1 space per 10 vehicles, min 3

spaces (5.7 spaces)

13 spaces

Yes • 1 space per service bay, min 5 spaces

(13 spaces)

25 spaces

Yes DCP 37 – Access For People With Disabilities An Access Report has been submitted with the application. The report indicates that: • Vehicular and pedestrian entries have been provided. Four disabled spaces are

proposed that comply with the DCP and exceed the BCA. • Paths of travel are adequate from the street and through the building. Vertical

access is provided from the car park to the floors by a lift. • A unisex accessible toilet and standard toilets are located between the used car

sales area and the main reception area. Staff facilities are provided within the service area, pre-delivery area as well as a unisex staff toilet in the general office.

• Minor changes are required to door and cubicle openings, counter widths, circulation space and the like to comply with the Australian Standard.

Condition 9 requires compliance with the access report requirements. DCP 41 – Stormwater Management Council’s Development Engineer has assessed the proposal against the requirements of DCP 41 and advised that the proposal is satisfactory and has provided conditions 98-121 that have been included in the recommendation. DCP 45A – Energy Smart / Water Wise Section 2.4 of the DCP requires the submission of an Energy Efficiency Performance Report (EEPR) for developments for shops, industrial and commercial premises with a gross floor area of more than 1000m2. Whilst an EEPR was not submitted, the application documentation indicates that: • All roofs to be minimum R3.0 insulation • All walls to be minimum R1.5 rating • All cisterns and showerheads to be AAA rates • All cisterns to be dual flush • Bathroom and kitchen taps to have aerators. The lack of an EEPR does not allow an assessment of the energy consumption and therefore condition 21 requires the submission of a report.


ITEM 3 (Continued) DCP 47 – 601-607 Blaxland Road Development Control Plan No. 47 – 601-607 Blaxland Road (DCP 47), which was adopted by Council on 9 July 2002 and became effective on 26 March 2004, specifically applies to the subject site. The aims of the plan are: (a) to provide appropriate development control principles for the redevelopment of the land to which this plan applies; (b) to ensure that any future extension of the existing use of the land is compatible with adjacent development. Section 2 of the DCP prescribes specific development controls for the development of a motor showroom on the site. These are addressed as follows: Vehicular Access: The DCP stipulates that only one vehicular access point for ingress and egress shall be permitted to the subject site and that the access point must be agreed to by the Roads and Traffic Authority. One access point is proposed adjacent to the northwestern corner of the site. The RTA raises no objection subject to their approval of the design (see condition 4). Car Parking: The DCP stipulates the following:

• Car parking for the motor showroom shall be provided by the provision of space for at least 257 cars.

• All visitors parking shall be easily identified and accessible from Blaxland Road. Vehicles for sale must not be displayed on access ramps or in car spaces allocated for visitor parking.

• All loading and unloading of new and used vehicles shall take place wholly on site.

In accordance with the above provisions, 257 parking spaces are proposed on the site, visitor parking is to be located at the front of the site and be appropriately signposted, vehicles for sale are not to be located on any access ramps or visitor parking areas, and all loading and unloading will be carried out within the proposed development. Lighting: The DCP requires all lighting to be designed and installed so as to minimise and spillage into the adjoining residential area and that the lighting must be designed and installed to the requirements of the Department of Environment and Conservation. The SEE submitted with the application states that all lighting is to be installed in accordance with AS4282 – 1997: Control of the Obtrusive Effects of Outdoor Lighting.


ITEM 3 (Continued) Drainage: The DCP requires any application being lodged with Council to include a drainage plan that must be prepared in accordance with Council’s Stormwater Development Control Plan. The DCP further states that as part of the preparation, detailed consultation must be undertaken with the Stormwater Facilities and Services Unit and that provision must be made to ensure that no adjoining property is detrimentally affected by any redevelopment of the subject land. As detailed under referrals Council’s Drainage Engineer has indicated that the drainage plan is satisfactory. Advertising Signs: The DCP stipulates that any advertising signs or structures shall be designed and located on the site in accordance with Council’s Advertising Development Control Plan and must be submitted with either the LDA for the motor showroom or as a separate application. No signage is proposed as part of the subject application. A separate application will therefore need to be lodged for signage. Water Quality Measures: The DCP states that an appropriate first flush system is to be installed on the site to direct any pollutants from the pavement areas within the site to the sewer. It further states that any fuel storage facilities are to be installed and maintained in accordance with the requirements of the Department of Environment and Conservation. The submitted stormwater drainage plan states that an appropriate ‘first flush’ system is to be installed. The proposed system has been reviewed and considered acceptable by Council’s Development Engineer. The SEE confirms that fuel storage facilities are to be installed and maintained in accordance with the requirements of the Department of Environment and Conservation. Operational: The DCP states that all mechanical plant and equipment on the site to be selected, installed and operated to satisfy the requirements of the Department of Environment and Conservation. The SEE submitted with the application states that this provision will be complied with. Design: The DCP stipulates that the design of any motor showroom proposed to be erected on the land shall generally be in accordance with the plans prepared by KDG Architects, numbered A.Sk.20g to A.Sk.27. It is considered that the submitted plans are substantially in accordance with the plans prepared by KDG Architects, numbered A.Sk.20g to A.Sk.27.


ITEM 3 (Continued) Road Widening: The DCP states that the area of the site along the Blaxland Road frontage that is required for road widening must not be utilized for the display of vehicles or advertising signs. The application however proposes to use this area for the display of vehicles and relies on the fact that vehicles are presently displayed on the road reserve and as such further consent is not required. This assertion is not agreed with, as all aspects of the redevelopment of the site require consent. The DCP and the Design Review Panel indicate that the area should not be used for display. The requirements of the DCP that there be no display of vehicles on the future road widening was known at rezoning and prior to submission of the DA. The proposal could have been designed so that the display occurred elsewhere. The RTA only requires that no structure be erected on the road widening. Residential properties generally front this side of Blaxland Road, are setback from the road front landscaped gardens. Other arrangements will need to be made for the display of vehicles once the widening has occurred. Condition 8 prohibits the display of vehicles on the road reserve and requires the area to be landscaped. Section 94 Contributions Plan No. 1 (2003 Amendment) As the motor showroom is principally involved in the selling of motor vehicles, it is appropriate that the retail rate be used. The contributions payable with respect to the proposed motor showroom are based on the increase in floor space. Floor space is defined in the RPSO as all the area within the external walls, excluding – • Car parking space in the building need to meet the requirements of Council

including access (excess parking not included). • Space for loading and unloading • Lift towers and plant rooms. A matter of interpretation relates to the provision of car parking “needed to meet the requirements of Council”. In the normal application of this requirement all parking required by DCP 29A would be excluded (i.e. visitor, workshop and employee parking). Using this method the contribution would be $172,573 (comprising $70,315 public space, $96,565 drainage, $5,693 administration). However there is a site specific DCP 47 that requires “parking for 257 vehicles” that includes visitor, parking, employee and stock storage. The parking spaces are mainly in two basement levels that are below ground and are specifically designed to cater for the parking of vehicles. All stock storage is in the two basement levels with the lower basement totally dedicated to stock storage. Because of the specific requirement of Council and because of the design of the parking area it is appropriate that the 257 spaces be excluded from the floor space calculation for the Section 94 contribution. The following table is used to calculate the increased floor space:


ITEM 3 (Continued) Proposed Motor Showroom (based on DCP 47) • 8446m2 GFA, less: o 2076m2 (Basement 1 parking) o 2086m2 (Basement 2 parking) o 160m2 plant/lift o 434m2 (loading/unloading area) • 3690m2 nett Existing Motor Showroom 840m2 (No. 601-605) Existing Dwelling No. 607

Based on the above the Section 94 calculation would be:

Contribution Plan per m2

Contributions For 3690m2 nett

Credit For

840m2

Credit For

Dwelling

Contribution Payable

Public Space ($14) 51660 11760 11011 28889 Drainage ($17) 62730 14280 2188 46262 Administration ($1) 3690 840 116 2734 TOTAL ($32) 118080 26880 13315 77885

Condition 20 requiring the payment of a Section 94 contribution for the amount of $77,885 has been included in the recommendation of this report. 10. Likely impacts of the Development (a) Built Environment The impacts of context and setting, bulk, scale and design, traffic and parking, overshadowing, privacy and noise have been dealt with elsewhere in the report. The building has been articulated to minimise impact on adjoining residents. It will contain a range of finishes (bone, beige, grey, rustic brown, black) that will emphasise its features and at the same time provide a building that will complement the residential finishes of the area. The removal of the existing motor showroom from the Blaxland Road alignment will improve sight lines around the corner as well as improve the appearance from the street. (b) Natural Environment Appropriate conditions of consent have been imposed to control impacts such as stormwater pollution and soil erosion. There is no objection to the removal of the trees as requested. Accordingly, the proposed development will have no detrimental impact upon the natural environment.


ITEM 3 (Continued) 11. Suitability of the site for the development There are no known site constraints or natural hazards that would make the subject site considered unsuitable for the proposed development. The site contamination report indicates it will be suitable following remediation. 12. The Public Interest The following matters are listed within the Department of Planning's Guide to Section 79C as matters for consideration under the Public Interest:

• Federal and State Government policy statements, • Relevant planning studies and strategies, • Management plans, planning guideline or advisory documents • Covenants, easements or agreements affecting the proposal, and • Relevant issues raised in public meetings and inquiries.

Having regard to the above list, the proposed development is acceptable in terms of the public interest. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. 14. CONCLUSION: The application is to redevelop the existing motor showroom (Eastwood Honda) by constructing a modern building that will contain all activities, including loading and unloading, within the building. This will reduce noise and overlooking impacts that presently occur from the existing open yard and open workshops. The loading and unloading within the building will also remove this activity from the public streets. The development has been designed in accordance with the controls in the site specific DCP and is not contrary to the provisions of the other more general DCP’s. A number of submissions were received as a result of public notification although none of the issues raised warrant refusal of the application. The RTA has no objection to the proposal and has provided conditions that have been included in the recommendation. The application is recommended for approval as a deferred commencement consent to enable submission of plans relating to drainage works within Blaxland Road. RECOMMENDATION: (a) That Local Development Application No. 6/2005 for demolition, the erection of a

motor showroom, service and administration facilities, associated car parking, and the consolidation of four allotments to form a single allotment at No.601-607 Blaxland Road, Eastwood (being Lots A, B & C, DP 313830 and Lot B, DP 105335) be approved as a Deferred Commencement Consent pursuant to section 80(3) of the Environmental Planning and Assessment Act 1979.


ITEM 3 (Continued)

This consent does not become operative until the matters referred to in Part 1 have been submitted to and approved by Council and Council has notified you in writing that the consent has become operative.

Part 1 – Conditions Relating to a Deferred Commencement Consent pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979.

1. This consent shall not operate until plans for the drainage works within Blaxland

Road and any associated road and footpath works are designed by a qualified civil engineer to the satisfaction of the Council.

Part 2 – General Conditions of Consent

The following requirements shall apply upon satisfactory completion of the requirements outlined in Part 1 of this consent (above).

1. Development is to be carried out in accordance with the Plans No. A.D.A 02a

– 08a, 09A.a, 10A; landscape plan SKOID; drainage plans HDAO1 - 11 and support information submitted to Council.

2. All building works are required to be carried out in accordance with the

provisions of the Building Code of Australia.

3. The site comprising lots A – C in DP 313838 and lot B in DP 105338 shall be consolidated into a single allotment within 12 months of the granting of consent.

4. The vehicular access from Blaxland Road shall comply with the following:

(a) The proposed vehicular driveway off Blaxland Road shall be designed in accordance with AS2890.1-2004.

(b) The design and construction of the gutter crossing shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA’s Project Services Manager, Traffic Projects Section, Blacktown (Phone 02 8814 2144).

(c) All Works associated with the development are to be at no cost to the RTA.

5. If not already in place, full time No Stopping restrictions are to be implemented

along the site frontage from First Avenue to the existing Bus Zone opposite Rowe Lane at full cost to the applicant.

6. A detailed remediation action plan (RAP) shall be prepared outlining works to be undertaken including and not limited to:

• Removal of all petroleum infrastructure associated with the former service station;

• Validation of excavations as per the NSW EPA (1994) Guidelines for Assessing Service Station Sites;


ITEM 3 (Continued)

• Waste classification of fill material requiring remediation and offsite disposal to landfill;

• Validation of all excavation surfaces for the proposed land use; • Preparation of a validation report outlining all remediation works

undertaken and results of laboratory analysis. The RAP shall be approved by Council or an appropriately qualified person prior to any work commencing on site. All remedial work identified in the RAP shall be undertaken in accordance with the requirements of the RAP.

The removal/disposal of demolition and construction waste shall be in accordance with the Waste Plan submitted with the application.

8. No display of motor vehicles or advertising shall be carried out on land along

the Blaxland Road frontage that is reserved for future road widening purposes. This land shall be landscaped with details shown on a landscaping plan to be submitted prior to issue of the construction certificate.

9. The recommendations contained within the Access Report prepared by ILC

Access, dated 17 December 2004 shall be implemented with details being submitted with the construction certificate.

10. The roof material shall be non reflective.

11. All external glazing shall have a maximum reflectivity index of 20%.

12. The lighting of the premises shall be directed so as not to cause nuisance to

the owners or occupiers of adjacent/adjoining premises or to motorists on adjoining or nearby roads. All existing and proposed lighting shall comply with the Australian Standard AS 4282-1997 – Control of the Abusive Effects of Outdoor Lighting.

13. The security measures contained in the Security Report by KDG Architects

dated 28 April 2005 shall be implemented with details submitted with the Construction Certificate documentation.

14. Ground surface levels are to be treated with anti-graffiti coating to minimise

any potential defacement. In addition any graffiti evident on the exterior facades and visible from a public place shall be removed forthwith.

15. All activity being conducted so that it causes no interference to the existing

and future amenity of the adjoining occupations and neighbourhood in general.


ITEM 3 (Continued)

16. The delivery and pick-up of any large equipment/materials/containers and the like transported by an ‘oversize’ vehicle to and from the site during construction and demolition is not to occur between 11pm and 5am in order to protect the amenity of local residents.

17. Parking for a minimum of 257 vehicles, that are to be signposted as shown

on the approved plans, shall be provided on site.

18. All parking and loading of vehicles shall be conducted within the site. To this effect the management shall instruct:

(a) All staff that vehicles must be parked within the building and not on the

public streets. (b) All persons delivering and picking up vehicles that all loading and

unloading is to be carried out on site and not on the public streets.

19. The hours of operation, including the delivery and dispatch of goods and the delivery of vehicles to the premises, shall be in accordance with the following:

Activity Weekdays Saturdays Sundays Car Sales 7.30am-5.30pm 7.30am-5.00pm 9.00am-5.00pm Car Service 6.30am-8.30pm 7.00am-12 noon Prohibited Spare Parts Sales 7.00am-5.30pm 7.00am-12 noon Prohibited Delivery/dispatch 8.00am-6.00pm 7.00am-12 noon Prohibited Vehicle delivery 7.30am-5.30pm 7.30am-5.00pm Prohibited

20. A contribution for the services in Column A and for the amount in Column B

shall be made to Council prior to the issue of the Construction Certificate.

A B Public Space 28,889 Stormwater Drainage 46,262 Administration 2,734 The total contribution is 77,885

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Contribution Plan No. 1 (2003 Amendment) adopted by Ryde City Council on 19/8/03. The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the "Implicit Price Deflator – Gross Fixed Capital Expenditure – Total Public" index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on an annual basis in accordance until such time as the contribution is paid.

21. An Energy Efficiency Performance Report showing compliance with section


ITEM 3 (Continued)

2.4 of DCP 45A – Energy Smart, Water Wise shall be submitted prior to issue of the construction certificate.

22. The occasions on which building work must be inspected are:

i) at the commencement of the building work, and ii) prior to covering any stormwater drainage connections, and iii) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request. Prior to occupation of the building, an occupation certificate must be obtained. Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.

23. In addition to the abovestated inspections, Council or an accredited certifier is

required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and Council’s Development Control Plan 42 for “Construction Activities”: -

i) Sediment control measures ii) Tree Preservation and protection measures iii) Security fencing iv) Materials or waste containers upon the footway or road. v) Builders signage and site toilets

24. A Registered Surveyors check survey certificate, or compliance certificate, is to

be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council’s approval at the following stages: -

a) Prior to construction of the first completed floor/floor slab showing the

area of the land, proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels.

b) Prior to construction of each floor level showing the area of the land, proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels.


ITEM 3 (Continued)

25. In issuing this approval, Council has relied on the information provided by you about the siting of the building/structure on the allotment. If this information is incorrect, it is your responsibility to correct the errors. It may be advisable to undertake a land survey prior to commencing any works.

26. The applicant is to submit to and have approved by Council or an accredited

certifier engineers details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

27. All glazing shall be installed in accordance with Table 1A Appendix “A” of AS

1288 Glass Installation Code.

28. Materials used in the building including floor coverings, shall comply with the requirements of Clause C1.10 and Specification C1.10 of the BCA, with regard to restrictions concerning early fire hazard properties of materials, spread of smoke and flame.

29. The applicant shall submit to the Principal Certifying Authority (and Council if

Council is not the PCA) upon completion of the building and before the issue of an Occupation Certificate, a certificate from an accredited person certifying compliance with the requirements of Clause C1.10 and Specification C1.10 of the BCA.

30. The means of egress is to comply with the provisions of Part D of the Building

Code of Australia.

31. Services and Equipment are to be provided in accordance with the provisions of Part E of the Building Code of Australia.

32. A "Fire Safety Schedule" specifying the fire safety measures proposed or

required to be implemented in the building premises as required by Clause 168 - Environmental Planning & Assessment Regulation 2000 are to be submitted and approved prior to the issue of the Construction Certificate.

33. A security deposit is to be paid to Council (Public Facilities and Services

Group) being a deposit of $4,200.00 as well as the infrastructure inspection fee in accordance with the requirements of Council’s Management Plan (scheduled fees).

34. An Enforcement levy is to be paid to Council on lodgement of the

Construction Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

35. Documentary evidence of payment of the Long Service Levy under Section 34

of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.


ITEM 3 (Continued)

36. The applicant is to submit an application and pay the required fee to Council prior to the issue of the Construction Certificate for street alignment levels.

37. Documentary evidence of compliance with Conditions 20, 32-35 to the

satisfaction of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.

38. 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 follow the “e-Developer” icon or telephone 13 20 92. Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and 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 landscape design.

A copy of Sydney Water's Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the linen plan/occupation of the development.

39. Please contact Energy Australia’s Local Customer Service Office to obtain documentary evidence that Energy Australia has been consulted and that their requirements have been met.

Energy Australia Building No. 2 Bridge Road (near Sherbrook Road) Hornsby Telephone: 9477 8201 Facsimile: 9477 8295 Postal Address: GPO Box 4009, Sydney NSW 2001 Website Address: www.energy.com.au

This information is to be submitted to Council prior to the release of the Occupation Certificate.

40. Security fencing shall be provided around the perimeter of the

building/demolition site and precautionary measures taken to prevent unauthorized entries of the site at all times during demolition and construction.

41. Signage is to be provided on the site as follows: -

a) During the entire construction phase signage shall be fixed on site

identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

http://www.sydneywater.com.au/customer/urban/index


ITEM 3 (Continued)

42. Site toilets shall be provided in accordance with the WorkCover Code of Practice entitled “Amenities for Construction Work”.

43. At all times work is being undertaken within a public road adequate precautions

shall be taken to warn, instruct and guide road users safely around the work site. Traffic control devices shall satisfy the minimum standards outlined in AS1742.3-1996 “Traffic Control Devices for Work on Roads”.

44. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

45. No spoil, stockpiles, building or demolition material is to be placed on any

public road, footpath, park or Council owned land.

46. A site works plan indicating compliance with Council’s Development Control Plan for Engineering Standards Development Criteria Section 5 Construction Activities in relation to: -

a) sedimentation and pollution controls; b) tree preservation and protection measures; c) security fencing; d) builder’s identification signage and demolition in progress signage; and e) provision of site toilets

to the satisfaction of Council or an accredited certifier is to be submitted to Council with the Construction Certificate.

47. Adequate precautions must be taken to control the emission of dust from the

site during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.

48. Concrete wastes must be collected, stored and treated in accordance with the

Concrete Wastes guide published by the Environment Protection Authority.

49. Only unpolluted water is to be discharged to Council’s stormwater drainage system.

50. The L10 noise level measured for a period of not less than 15 minutes while

demolition and construction work is in progress must not exceed the background noise level by more than 20 dB (A) at the nearest affected residential premises.


ITEM 3 (Continued)

Environmental Health Requirements

51. Demolition Work - All demolition work must be carried out in accordance with the requirements of AS2601-2001 Demolition of Structures.

52. Dust Control - The following measures must be taken to control the emission

of dust: (a) Dust screens must be erected around the perimeter of the site and be kept

in good repair for the duration of the work. (b) Any existing accumulations of dust (eg. in ceiling voids and wall cavities)

must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter.

(c) All dusty surfaces must be wetted down and any dust created must be suppressed by means of a fine water spray. Water used for dust suppression must not be allowed to enter the street or stormwater system.

(d) All stockpiles of materials that are likely to generate dust must be kept damp or covered.

(e) Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

53. Hazardous materials - The removal of hazardous materials, including

asbestos-cement products (eg. fibro), must be carried out in accordance with the requirements of the WorkCover Authority of NSW. All hazardous materials must be stored in an environmentally acceptable manner and transported to an appropriately licensed waste facility for disposal. Copies of the disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.

54. Noise control - Noise must be minimised as far as practicable, by the selection of appropriate methods and equipment, and by the use of silencing devices where practicable.

55. Removal of underground storage tanks - The removal of underground

storage tanks must be carried out in accordance with: (a) the Australian Institute of Petroleum Code of Practice CP22 - Removal and

Disposal of Underground Petroleum Storage Tanks (1994); and (b) the requirements of the WorkCover Authority of NSW.

56. Storage of potentially contaminated soils - All stockpiles of potentially

contaminated soil must be stored in an environmentally acceptable manner in a secure area on the site.


ITEM 3 (Continued)

57. Assessment of potentially contaminated soils - All stockpiles of potentially contaminated soil must be assessed in accordance with relevant NSW Environment Protection Authority guidelines, such as the publication titled Environmental Guidelines: Assessment, Classification and Management of Liquid and Non-Liquid Wastes (EPA, 1999).

58. Off-site disposal of contaminated soil - All contaminated soil removed from

the site must be disposed at a waste facility that can lawfully receive that waste. Copies of all test results and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.

59. Remediation of land - The site must be remediated to the extent necessary

for the proposed use and a copy of the site validation report must be submitted to Council for consideration.

60. Notice of remediation work - Written notice must be submitted to Council in

accordance with clause 16 of State Environmental Planning Policy No. 55 - Remediation of Land before commencing category 2 remediation work.

61. Remediation work - All remediation work must be carried out in accordance

with the requirements of: (a) State Environmental Planning Policy No. 55 - Remediation of Land; (b) any relevant guidelines published by the NSW Environment Protection

Authority; and (c) any council policy or development control plan relating to the remediation

of land. 62. Site validation report - The site validation report must comply with the

Guidelines for Consultants Reporting on Contaminated Sites (EPA, 1997) and demonstrate that the site is suitable for the proposed use.

63. Council may require site audit of validation report - If requested by

Council, the proponent must submit a site audit statement and a site audit summary report from an accredited site auditor under the Contaminated Land Management Act 1997, verifying the information contained in the site validation report.

64. Restriction on issue of Construction Certificates - No Construction

Certificate is to be issued for any building work on any portion of the land until Council has confirmed in writing that portion of the land is suitable for the proposed use, without the need for further remediation.

65. Discovery of Additional Information - Council and the Principal Certifying

Authority (if Council is not the Principal Certifying Authority) must be notified as soon as practicable if any information is discovered during construction work that has the potential to alter previous conclusions about site contamination.


ITEM 3 (Continued)

66. Further requirements - If additional information is discovered about site contamination, the proponent must comply with any reasonable requirements of Council.

67. Ventilation of Rooms – Every habitable room, sanitary compartment or other

room occupied by a person for any purpose must be provided with adequate natural ventilation.

68. Carpark ventilation - The covered carpark must be provided with an adequate

system of permanent natural ventilation or an approved system of mechanical ventilation.

69. Ventilation of workshop - The mechanical workshop must be provided with

an approved system of mechanical exhaust ventilation. 70. Fresh air intake vents - All fresh air intake vents must be located in a position

that is free from contamination and at least 6 metres from any exhaust air discharge vent or cooling tower discharge.

71. Exhaust air discharge vents - All exhaust air discharge vents must be

located in a position where no nuisance or danger to health will be created and at least 6 metres from any fresh air intake vent or property boundary.

72. Exhaust air discharges - The composition, direction and velocity of the

exhaust air discharged from the exhaust vents must be such that no nuisance or danger to health will be created.

73. Mechanical ventilation details to be approved - Details of all proposed

mechanical ventilation systems, and alterations to any existing systems, must be submitted to Council or an accredited private certifier for approval with the plans and specifications for the Construction Certificate. Such details must include: (a) A general description of the proposed work, together with a schematic

diagram where appropriate. (b) At least two (2) sets of plans of the proposed work, with any alterations

coloured to distinguish between new and existing work. (c) A site survey plan showing the location of any proposed cooling towers, air

intakes and exhaust outlets on the site, and any existing cooling towers, air intakes, exhaust outlets and natural ventilation openings adjacent to the proposed new installation.

(d) A Mechanical Services Design Certificate in the form of Attachment M1, together with a copy of the certifier’s curriculum vitae.

(e) Documentary evidence in support of any departures from the deemed-to-satisfy provisions of the Building Code of Australia.


ITEM 3 (Continued)

74. Certification of mechanical ventilation work - A Mechanical Services Completion and Performance Certificate in the form of Attachment M2 must be submitted to the Principal Certifying Authority on completion and commissioning of all mechanical ventilation work approved under this consent and before the issue of an Occupation Certificate.

75. Air pollution - The use of the premises, including any plant or equipment

installed on the premises, must not cause the emission of smoke, soot, dust, solid particles, gases, fumes, vapours, mists, odours or other air impurities that are a nuisance or danger to health.

76. Offensive noise - The use of the premises must not cause the emission of

‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

77. Noise and vibration from plant and equipment - The operation of any plant

or equipment installed on the premises must not cause: (a) The emission of noise that exceeds the background noise level by more

than 5dBA when measured in or on any residential premises or other noise sensitive location in the vicinity; or

(b) The transmission of vibration to any place of different occupancy. 78. Noise control measures to be implemented - All noise and vibration control

measures nominated in the acoustical consultant’s report (Acoustic Logic Consultancy Pty Ltd -Redevelopment of Honda Eastwood-Blaxland Road Eastwood) and other project documentation must be implemented.

79. Compliance report - A report from a qualified acoustical consultant

demonstrating compliance with the noise and vibration criteria specified above must be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) before the issue of the Occupation Certificate.

80. Clean water only to stormwater system - Only clean unpolluted water is

permitted to enter Council’s stormwater drainage system. 81. Automotive repairs and servicing - All motor vehicle repairs and servicing

must be carried out within the confines of the workshop. 82. Drainage of workshop floor - The floor of the workshop must be graded to

grated drains or collection sumps located within the workshop area and drained to a wastewater treatment and disposal system approved by Sydney Water Corporation.

83. Stormwater to be directed away from workshop - All uncontaminated

stormwater from the roof and external paved areas of the site must be directed away from workshop and discharged to Council’s stormwater drainage system.


ITEM 3 (Continued)

84. Storage of contaminated parts - All contaminated parts (eg. used radiators and engine parts) must be drained of liquids and stored inside the workshop.

85. Accidental Spill – The oil storage room must be designed to prevent the

escape of spills or leaks. 86. Liquid waste storage areas to be bunded - Any waste storage area used for

the storage of liquid wastes must be covered and bunded to prevent the escape of spills or leaks.

87. Cleaning wastes and spills - All cleaning wastes and spills must be collected

and disposed of in an environmentally acceptable manner. 88. Clean-up materials to be kept on premises - An adequate supply of suitable

clean up materials must be kept on the premises for cleaning up accidental spills.

89. Duty to notify pollution incidents - Pollution incidents causing or threatening

harm to the environment must be reported to Council as soon as practicable on Tel. 9952 8222.

90. Disposal of liquid wastes - All liquid wastes generated on the premises must

be treated and discharged to the sewerage system in accordance with the requirements of Sydney Water Corporation or be transported to a liquid waste facility for recycling or disposal.

91. Trade waste permit - The applicant must contact the Wastewater Source

Control Branch of Sydney Water Corporation on Tel. 13 11 10 to determine whether a Trade Waste Permit is required before discharging any trade wastewater to the sewerage system.

92. Storage and disposal of wastes - All wastes generated on the premises must

be stored and disposed of in an environmentally acceptable manner. 93. Waste containers - An adequate number of suitable waste containers must be

kept on the premises for the storage of garbage and trade waste. 94. Cleanliness of garbage containers - The occupier of the premises must keep

all garbage containers as clean as practicable (having regard to their use). 95. Recyclable wastes - Recyclable wastes must be stored in separate bins or

containers and be transported to a facility where the wastes will be recycled or re-used.

96. Storage of waste containers - All waste containers must be stored on the

premises in a convenient location that is readily accessible for servicing and screened from public view.


ITEM 3 (Continued)

97. Storage areas for garbage - External areas used for the storage of garbage must be covered and paved with concrete graded to a grated drain connected to the sewerage system. A hose cock must be provided adjacent to the garbage storage area to facilitate cleaning of the containers and storage area.

General Engineering Conditions

98. Design and Construction Standards. All engineering plans and work

shall be carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

99. Service Alterations. All mains, services, poles, etc., which require

alteration shall be altered at the applicant’s expense. 100. Restoration. Public areas must be maintained in a safe condition at all

times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment.

101. Engineering Compliance Certificates. Engineering Compliance

Certificates must be obtained for the following works at the specified stage (If Council is appointed the PCA then the appropriate inspection fee is to be paid to Council) and submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate:

• Prior to backfilling of pipelines in which Council has an interest. • Prior to backfilling of drainage connections to pipelines or channels in

which Council has an interest. • Prior to casting of pits and other concrete structures in which Council

has an interest including kerb & gutter, accessways, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

NOTE: Council has an interest in all pipelines, which drain public reserves and public road reserves, and in all structures located within public road reserves. All Engineering Compliance certificates are to contain the following declarations:

a. This certificate is supplied in relation to <<address of property>>. b. <<name of engineer and company >> have been responsible for the

supervision of all the work nominated in (a) above.


ITEM 3 (Continued)

c. I have carried out all tests and inspections necessary to declare that the work nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent.

d. I have kept a signed record of all inspections and tests undertaken during the works, and can supply the Principal Certifying Authority [PCA] with a copy of such records and test results if and when required.

Engineering Conditions to be complied with Prior To Construction Certificate

102. Driveway Grades The maximum grade of all internal driveways and

vehicular ramps shall be 1 in 5. The maximum change of grade permitted is 1 in 8 and any transition grades shall have a minimum length of 2.5m. The driveway design is to incorporate Council’s issued footpath and gutter crossing levels where they are required as a condition of consent. A driveway plan, longitudinal section from the centreline of the public road to the garage floor, and any necessary cross-sections clearly demonstrating that the driveway complies with the above details, and that vehicles may safely manoeuvre within the site without scraping.

103. Road and Drainage Works The new 375mm diameter reinforced concrete

pipe, pit and any associated road, drainage and footpath works are to be approved by Council before the issue of the construction certificate. The construction works are to be supervised by Council's engineer and completed in accordance with Council's requirements before the issue of the occupation certificate.

104. Drainage Plans. Plans of the proposed drainage system, including the on-

site detention system and details addressing any overland flow from upslope properties in accordance with Council’s Stormwater Management Development Control Plan, “DCP 41”, are to be prepared by a suitably qualified and experienced engineer. The engineer is to prepare a certification stating that the landscaping plans have been checked in conjunction with the drainage plans and are compatible. The drainage plans and certification are to be submitted to and approved by Ryde City Council prior to issuing of the Construction Certificate.

A works-as-executed survey of any storage basin will need to be prepared to demonstrate that adequate storage volume has been provided and submitted in conjunction with the application for the Occupation Certificate.

Any drainage pit within a road reserve, a Council easement, or that may be placed under Councils’ control in the future, shall be constructed of caste in situ concrete. Details are to be submitted with the Construction Certificate application plans.


ITEM 3 (Continued)

105. On-Site Stormwater Detention Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with Ryde City Council’s Stormwater Management Development Control Plan “DCP 41”. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from a 20 year average recurrence interval storm event. Overland flow paths are to be provided to convey runoff when the capacity of the piped drainage system is exceeded up to the 100 year average recurrence interval and direct this to the on-site detention system. Runoff, which enters the site from upstream properties, should not be redirected in a manner, which adversely affects adjoining properties.

The on-site detention system shall be designed to ensure peak flow rates at any point within the downstream drainage system do not increase as a result of the development during storms from the 5 year to the 100 year average recurrence interval of all durations. Outflow from the basin shall be piped to a point of discharge in accordance with Councils Stormwater Management Development Control Plan “DCP 41”. The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council.

106. Road Opening Permit. The applicant shall apply for a road-opening permit

where a new pipeline is proposed to be constructed within or across the footpath. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.

107. Pump System. The wet well shall be designed and constructed in

accordance with section 7.3 of AS 3500.3. The pumps shall be dual submersible and shall be sized and constructed in accordance with section 7.3 of AS 3500.3.

Direct connection of the pumps rising main into the kerb will not be permitted. The rising main is to be connected into the on site detention tank. Details are to be submitted with the Construction Certificate application. In the event of pump failure, all runoff that otherwise would have been pumped from the property is to be stored on the site for up to the 100 year Average Recurrence Interval 3 hour storm event. A detailed drainage design by a qualified Civil Engineer is to be submitted with the Construction Certificate application. The tank volume is to be determined using the ILSAX drainage program or its equivalent. The rational method is not permitted.


ITEM 3 (Continued)

108. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary.

The following details are to be included in drawings accompanying the

Erosion and Sediment Control Plan (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control structures, (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable

slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around

disturbed areas (k) Procedures for maintenance of erosion and sediment controls (l) Details for any staging of works (m) Details and procedures for dust control.

109. Traffic Management. Traffic management procedures and systems must be

in place and practised during the construction period to ensure safety and minimise the effect on adjoining pedestrian and vehicular traffic systems. These procedures and systems must be in accordance with AS 1742.3 1985 and Council’s Development Control Plan for Construction Activities “DCP 42” A plan of traffic management is to be submitted to and approved by the Consent Authority.

110. Truck Shaker. A truck shaker ramp must be provided at the construction exit

point. Fences are to be erected to ensure vehicles cannot bypass them. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

111. Temporary Footpath Crossing. During construction a temporary footpath

crossing must be provided at the vehicular access points. It is to be 4m wide, made out of sections of hardwood with chamfered ends and strapped with hoop iron, and a temporary gutter crossing must be provided.


ITEM 3 (Continued)

Engineering Conditions to be complied with Prior to Commencement of Construction

112. Sediment and Erosion Control. The applicant shall install appropriate sediment control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

113. Compliance Certificate. A Compliance Certificate must be obtained

confirming that the constructed erosion and sediment control measures comply with the construction plan and Ryde City Council’s Development Control Plan for Construction Activities “DCP 42”

Engineering Conditions to be complied with Prior to Occupation Certificate

114. Compliance Certificates – Engineering. Compliance Certificates must be

obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA: • Confirming that the constructed driveway is constructed in accordance

with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed internal car park (not including the car storage area) and associated drainage complies with AS 2890, the constructions plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41"

• Confirming that after completion of all construction work and landscaping, all areas adjacent the site, the site drainage system (including the on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris.

• Confirming that the vehicular crossing has been removed and the kerb and gutter have been constructed in accordance with Council’s Environmental Standards Development Criteria


ITEM 3 (Continued)

115. Vehicle Footpath Crossings. Concrete footpath crossings shall be constructed at all locations where vehicles cross the footpath, to protect it from damage resulting from the vehicle traffic. The location, design and construction shall conform to the requirements of Council. Crossings are to be constructed in plain reinforced concrete and finished levels shall conform with property alignment levels issued by Council’s Engineering Services Division. Kerbs shall not be returned to the alignment line. Bridge and pipe crossings will not be permitted.

116. Disused Gutter Crossing. All disused gutter and footpath crossings shall be

removed and the kerb and footpath reinstated to the satisfaction of Council.

117. Work-as-Executed Plan. A Work-as-Executed plan signed by a Registered Surveyor clearly showing the surveyor’s name and the date, the stormwater drainage, including the on-site stormwater detention system if one has been constructed and finished ground levels is to be submitted to the Principal Certifying Authority (PCA) and to Ryde City Council if Council is not the nominated PCA. If there are proposed interallotment drainage easements on the subject property, a Certificate from a Registered Surveyor is to be submitted to the PCA certifying that the subject drainage line/s and pits servicing those lines lie wholly within the proposed easements.

118. On-Site Stormwater Detention System - Marker Plate. Each on-site

detention system basin shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s Stormwater Management DCP. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed City of Ryde OSD certification form.

119. Positive Covenant. The creation of a Positive Covenant under Section 88E

of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for Maintenance of Stormwater Detention Systems" and to the satisfaction of Council.


of the Conveyancing Act 1919, burdening the property with the requirement to maintain the pump drainage system on the property. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for Maintenance of Charged Drainage Systems" and to the satisfaction of Council.


ITEM 3 (Continued)

121. Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan HDA01/p2 to HDA10/p3 prepared by Whipps - Wood Consulting dated 22.12.2004.

ADVISORY CONDITIONS 1. Compliance with Building Code of Australia

1) All building work (other than work relating to the temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made)

2) This clause does not apply to the extent to which an exemption is in

force under clause 187 or 188, in the Environmental Planning and Assessment Regulations 2000,subject to any terms of any condition or requirement referred to in Clause 187(6) or 188(4).

2. Excavations and backfilling

1) All excavations and backfill associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

2) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

3. Retaining Walls and Drainage

If the soil conditions require it: a) retaining walls associated with the erection or demolition of a building

or other approved methods of preventing movement of the soil must be provided, and

b) adequate provision must be made for drainage

4. Protection of Public Places

1) If the work involved in the erection or demolition of a building: a) is likely to cause pedestrian or vehicular traffic in a public place

to be obstructed or rendered inconvenient, or b) building involves the enclosure of a public place, a hoarding or

fence must be erected between the work site and the public place.

2) 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.


ITEM 3 (Continued)

3) The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

4) Any such hoarding, fence or awning is to be removed when the work has been completed.

5. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Amendment Act, 1997 are to be complied with: -

1. A Construction Certificate is to be obtained in accordance with

Section 81A (2)(a) of the Act. 2. A Principal Certifying Authority is to be appointed and Council is to be

notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations.

3. Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

6. The applicant may apply to the Council or an accredited certifier for the issuing

of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

7. The applicant is advised that the Construction Certificate plans and

specifications must comply with the provisions of the Building Code of Australia.

8. The RTA advises that approval will not be given to a work zone along Blaxland

Road at any time due to the poor sight distance around the curve. This requirement shall be taken into consideration when preparing the traffic management plan referred to in condition 108.

9. The applicant is advised that any erection of signs on advertising structures

requires the submission of a new development application to Council.

(b) That the persons who made submissions be advised of the decision. Troy Loveday Acting Manager Assessment Environment & Planning

Don J Smith Consultant Town Planner


ITEM 3 (Continued)

Indicates submissions received Petition also received

COPYRIGHT

© 2005 City of Ryde.© 2005 Land and Propert y Information NSW.

ALL RIGHTS RESERVED

No part of this map may be reproduced without written permission.

City of Ryde

Development Application6/2005

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

21921 23

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Scale: 1:1900 approx.

Date: 14/09/2005

Site


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ITEM 4 34 WESTMINSTER ROAD, GLADESVILLE. LOT: 32 DP: 603198. Local Development Application for a double carport and awning. LDA 372/2005. Applicant: Ian Cubitt's Classic Home Improvements.

INSPECTION 4.45PM INTERVIEW 5.15PM

FILE NO. LDA05/372 Manager Assessment Reports 7 September 2005 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers a proposal for an awning to the front of the dwelling and the erection of a carport within the front setback. The carport does not comply with the provisions of the Dwelling House and Duplex Building Development Control Plan in that it is located in front of the building line. One existing car parking space is available in the garage that is located behind the building line and it would be possible to provide a single carport in front of the house. Although this would be located within the front setback, it would still be set back 6 metres from the street and would comply with Council’s requirements. In this locality there is not a prevalence of carports or garages in front of the building line and the carport would detract from the streetscape. No submissions were received. The development application is recommended for refusal. Reason for Referral to Development Committee: Nature of the proposal. 2. Site (Refer to attached map.) Address : 34 Westminster Road, Gladesville Site Area : 593m2

Frontage 13.105 metres to Westminster Road Depth 45.72 metres Topography and Vegetation : The site is relatively flat with no significant vegetation. Existing Buildings : Single storey dwelling house. Planning Controls Zoning : Residential 'A'


ITEM 4 (Continued) Other : Dwelling House and Duplex Building Development

Control Plan No 17A. 3. Proposal Consent is sought to erect an awning over the existing front porch. It is also proposed to erect a freestanding carport 6.6 metres wide by 5.5 metres deep in the front setback of the dwelling. The roof of the awning and the carport will be colourbond. It is proposed to provide two polycarbonate light panels in the roof of the carport. 4. Background / Critical Dates The DA was lodged on 1 June 2005. Following a preliminary assessment, a letter was sent to the applicant on 3 June 2005 advising that the development failed to comply with Council’s policies and plans as the carport was located in front of the building line. The applicant was advised that Council Officers were unlikely to support the development application and amended plans should be submitted that comply with the Council’s requirements. Alternatively, it was suggested that the development application should be withdrawn. The applicant responded in writing dated 8 June 2005 providing justification for the variation and requested that the Council proceed with the assessment of the development application. A further letter was sent to the applicant on 25 July 2005 after consideration was given to the applicant’s justification dated 8 June 2005. The applicant was again advised that the double carport failed to comply with the Council’s requirements. As a garage (1 carparking space) already exists behind the building line, it was suggested that the proposed carport be amended so as not to be forward of the 6m for 50% of the frontage building line requirement. The applicant was further advised that it would be possible to provide one large space rather than the double that would comply with the policy and could be supported by Council’s Officers. The applicant responded on 4 August 2005, and provided the following comments: “It should be noted that the property owners have 3 vehicles plus a caravan, it is requested by the owners that all vehicles are able to be stored off street and uncovered. It is recognized that by reducing the setback to comply with Council’s controls will result in an additional 1.5 spaces, it is however unreasonable to think that all vehicles can be stored in a reasonable manner, sufficient space is available to allow for uncovered parking to be provided that does not adversely affect neighbours or the streetscape. The proposal will utilise an existing concrete driveway, by adjusting the setback to comply with Council’s Control will result in supports post being placed in irrational positions (centre of the driveway), consequently resulting in that section of driveway being useless, and drastically reducing the area for onsite parking.


ITEM 4 (Continued) Through 2 reports previously submitted, substantial evidence has been presented to support the proposed, including various properties that do not achieve the required setback. It has been recognised that several of these properties offer no available space to provide parking behind the building line. However, the designs that have been approved by Council undeniably increase the bulk and scale, and overpower the character of the existing dwelling. It should be considered unreasonable not to give favour to the variation requested, no detrimental effects will cause to neighbours, bulk or scale on the existing property or locality by its approval. We seek that Council reviews the application by taking into consideration the specific site details.” REPORT 5. Management Plan Linkages N/A 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community. The assessment of this development application fails to meet the following key outcomes for Assets for the Environment of the City of Ryde (set out on page 27 of the Management Plan 2005-2008): • New buildings are functional, attractive and designed to minimise their impact on

the environment. It would be possible to amend the development to reduce the visual impact on the streetscape and still provide protection for one additional car. The applicant however, does not wish to compromise in respect of the development. As the carport is located forward of the building line and there is not a prevalence of carports or garages within the front setback area in this locality, the development will adversely impact on the streetscape.

Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. This project fails to meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the

environment.


ITEM 4 (Continued)

The development is inconsistent with this key outcome, as the appearance of the structure will adversely impact on the streetscape.

Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City. The assessment of this development application meets the following key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and understanding of council’s decisions by the community. The application was notified to residents of the City of Ryde in compliance with DCP15B – Notification of Development Applications. Council’s business paper and decisions are available to the public. • Compliance with all legislative requirements and statutory obligations. The application has been assessed under Section 79C of the Environmental Planning and Assessment Act 1979, the Ryde Planning Scheme Ordinance 1979, relevant State Planning Policies and relevant Council Development Control Plans and policies. • An efficient and effective regulatory environment. The recommendation is in accordance with Council’s regulatory policies. People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community well-being through improved networks and services. The following key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008) are relevant to this development application: • Members of the community are engaged through involvement in democratic decision making and the promotion of active citizenship. The application was notified to residents of the City of Ryde in compliance with

DCP15B – Notification of Development Applications. • The arts, culture, economy, environment, housing, leisure and public health of our community are positively and proactively influenced. The development application is recommended for refusal due to the adverse impact the carport will have on the streetscape. Due to this adverse impact, the development would not positively contribute to the environment.


ITEM 4 (Continued) • The dignity, aspirations, and rights of residents are responded to.

As required by Section 79C of the Environmental Planning and Assessment Act 1979 and Council’s Code of Conduct, this was considered.

7. Consultation – Internal and External There were no internal or external referrals required in respect of this development application. 8. Submissions: The proposal was notified in accordance with the Development Control Plan for Notification. Notification of the proposal was from 22 June 2005 until 7 July 2005. No submissions were received. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning

The site is zoned Residential 'A' under the provisions of the Ryde Planning Scheme Ordinance. The use is permitted with the consent of Council.

Mandatory Requirements

There are no mandatory requirements in the Ryde Planning Scheme that affect the proposed development.

(b) Relevant SEPPs There are no applicable State Environmental Planning Instruments that affect the site. (c) Relevant REPs There are no applicable Regional Environmental Planning Instruments that affect the site. (d) Any draft LEPs There are no draft Local Environmental Planning Instruments that affect the site.


ITEM 4 (Continued) (e) Any DCP (e.g. dwelling house, villa)

Dwelling Houses and Duplex Buildings Development Control Plan The proposal is in compliance with the above Development Control Plan as

illustrated by the development standards below.

Dwelling House & Duplex

Building DCP

Proposed

Compliance

Minimum Allotment Sizes

580m2 593m2

N/A as a

dwelling house already exists

on the site. FLOOR SPACE RATIO 0.5:1

No change to existing floor space.

Yes

SETBACKS Front setback – Same as adjoining properties Southern side – 900mm Northern side – 900mm

No change to the house. Carport 3.96 metres 1350mm 6 metres

No Yes Yes

HEIGHT 2 storeys 7m and 9 m

Single storey No change to the existing height.

Yes Yes

SITE COVERAGE Within the established building zone

Not applicable as the development is single storey.

N/A

Parking

2 cars 3 car space

Yes

Carport Setbacks

Carports are permitted forward of the building line if: - There is no access available

to the rear of the allotment from a public place, road, lane or right-of-way. No other position on

allotment is available for the erection of a carport without building line being broken.

The proposed carport is located to the front of the dwelling and is set back 3.96m from the front allotment boundary. There is one existing car parking space currently available behind the building line. It would be possible to provide a carport for 1 car and ensure that the carport was setback 6metres from the frontage. This would then comply with the clause.

No


ITEM 4 (Continued)

Dwelling House & Duplex

Building DCP

Proposed

Compliance

Streetscape

Carports facing the public street are to be set back behind the façade of the dwelling and have a maximum width of 6m or 50% of the frontage which ever is lesser.

The width of the carport complies. However the carport is located in front of the building line and this will detract from the streetscape.

No

New development complements or enhances the desired future neighbour character by ensuring that roof form, materials and detailing complement the associated dwelling. Carports facing the street are to be integrated with the dwelling design, i.e. roof pitch

Carport Materials: The colourbond roof material will match the dwelling. Carport Design: Pitched roof that compliments the dwelling.

Yes

Carport Height

The carport must not be higher than 2400mm above NGL.

The ceiling of the carport is varied between 2.15m to 2.575m. the maximum overall height is 3.25 metres.

No

Carport setback / Streetscape The Dwelling House and Duplex Building Development Control Plan states that all car parking should be located behind the building line. This is to ensure that garages and carports are sited and designed so as to not dominate the street frontage. Exceptions to this requirement apply where the existing dwelling and site constraints do not permit this and no car parking exists on the site. On this site one car parking space currently exists behind the building line. The driveway has been extended to provide a large hardstand area in the front of the dwelling. It is this area where the carport is proposed to be erected. The carport will be setback 3.96 metres from the Westminster Road and provide parking for an additional two vehicles, resulting in 3 vehicles in total. It would be possible to provide a single carport in the front setback area and comply with the Council’s setback controls. As a result of the proposed double carport, the streetscape will be adversely affected. In this immediate locality, carports and garages are generally located behind the building line.


ITEM 4 (Continued) 10. Likely impacts of the Development (a) Built Environment There is not a prevalence of car parking in front of the building line in this part of Westminster Road. The applicant has provided several photographs of other carports within the front building line. These properties are mostly with Eltham Road with one in Thompson Street and at 55 Westminster Road. Although other examples do exist, these examples do not demonstrate that car parking within the front setback is a positive feature of the local streetscape. The location of the carport will visually dominate the front of the property and will create an adverse impact on the streetscape. In this instance it would be possible to provide a compromise development with the erection of a single carport only. This structure would be setback 6 metres from the front boundary line. The proposed awning to the dwelling is unlikely to have any adverse impacts to the built environment. (b) Natural Environment The proposed development will have no significant impacts on the natural environment. There are no trees proposed to be removed or adversely affected by the proposal. 11. Suitability of the site for the development The site is not classified as a heritage item or is subject to any natural constraints such as flooding or subsidence. Due to the impact of the carport on the built environment, the proposal is not considered suitable for the site. 12. The Public Interest As the development will adversely impact on the streetscape, the proposed development is not considered to be in the public interest. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact.


ITEM 4 (Continued) 14. CONCLUSION: The applicant has been advised several times that Council Officers cannot support the location of the carport. The carport is located in front of the building line and is likely to have an adverse impact on the streetscape appearance. As the carport is a fundamental part of the entire application, and the applicant will not amend the carport, refusal of the entire application is recommended. RECOMMENDATION: That Local Development Application No. 372/2005 at 34 Westminster Road, Gladesville, being LOT: 32 DP: 603198 be refused for the following reasons;

1. The proposed carport is inconsistent with Clause 2.4.1 of the Dwelling House

and Duplex Building Development Control Plan No 17A in that the carport is located in front of the building line and will adversely impact on the streetscape.

2. The development is not considered to be in the public interest due to its impact

on the streetscape. 3. The proposed garage is inconsistent with Clause 2.1 of the Dwelling House

and Duplex Building Development Control Plan in that the carport will adversely impact on the desired future neighbourhood character.

Liz Coad Sandra Bailey Manager Assessment Consultant Planner Environment & Planning Environment & Planning


ITEM 4 (Continued) No submissions received

COPYRIGHT

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ALL RIGHTS RESERVED


City of Ryde




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Date: 12/09/2005

Site


ITEM 4 (Continued)


ITEM 4 (Continued)


ITEM 5 69 FALCONER STREET, WEST RYDE. LOT: 53 DP: 4964. Local Development Application for Demolition, construction of Urban Housing comprising 3x3 bedroom villas and strata subdivision. LDA 1085/2004. Applicant: Paul Abi-Saab.

INTERVIEW 5.20PM

FILE NO. LDA04/1085 Manager Assessment Reports 7 September 2005 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers a proposal for the demolition of an existing single storey dwelling, the erection of three (3) single-storey villa homes and their subsequent strata-subdivision. No substantial areas of non-compliance with relevant controls have been identified that would warrant modification or refusal of the application. Where minor non-compliances are sought, these are detailed within the report. One (1) submission was received objecting to the proposal. The issues raised are not considered to justify refusal of the application and have been addressed in detail within the body of this report. It is recommended that the application be approved, subject to conditions of consent (including a condition limiting the consent to two years in accordance with Council policy). Reason for Referral to Development Committee: Nature of the proposal and objection received. 2. Site (Refer to attached map.) Address : 69 Falconer Street, West Ryde Site Area : 1048m2 Frontage 20.1 metres (to Falconer Street) Depth 52.1 metres


ITEM 5 (Continued) Topography and Vegetation : The site gently rises approximately one (1) metre from

the Falconer Street frontage to the rear of the site (east to west).

A number of mature trees are located on the site, predominantly distributed around the site boundaries. The development proposes to retain the majority of trees and includes the planting of new trees.

Existing Buildings : A single storey dwelling of brick and tile construction, a

single brick garage and a detached brick WC are located upon the site.

Planning Controls Zoning : Residential 2(a) Other : Ryde Planning Scheme Ordinance 1979 SEPP 55 – Remediation of Land SEPP (Building Sustainability Index BASIX) 2004 DCP21A – Urban Housing DCP27 – Waste Minimisation & Management DCP29A – Car Parking DCP37 – Access for People with Disability DCP41 – Stormwater Management DCP45A - Energy Smart/Water Wise Section 94 Contributions Plan No.1 (2003 Amendment) Draft LEP 129 Subdivision Code 3. Proposal The application seeks consent for the following: • Demolition of the existing dwelling. • Construction of Urban Housing development comprising 3 x 3 bedroom villa

homes (brick and tile), each with 2 parking spaces. • Strata-title subdivision of the villa development into three (3) lots. 4. Background / Critical Dates • A pre-lodgement meeting relating to the construction of 2 x 2 bedroom and 1 x 3

bedroom villas on the subject site was held on 4 December 2003. • The subject application was received on 24 November 2004. • Public notification commenced 8 December 2004, and closed 13 January 2005

(notification period extended due to Christmas break). One (1) submission was received in respect of this notification.


ITEM 5 (Continued) • Council sent a letter identifying a number of issues with the proposal to the

applicant on 14 January 2005. The applicant was however advised to wait for the receipt of comments from Council’s Drainage Team before responding to the letter.

• Council’s Drainage Team’s comments were faxed to the applicant on 3 March 2005. Revisions to the proposed drainage scheme were requested.

• Council’s Landscape Architect’s comments were faxed to the applicant on 22 March 2005. Revisions to the rear elevations and courtyards of villas 2 and 3 were requested in order to protect a significant oak tree located on an adjacent property.

• Amended plans were received 19 April 2005. The main differences proposed in these amended plans related to increasing the setback between any works, including retaining walls, and an adjacent oak tree. Stormwater and engineering details were also amended in view of comments received from Council’s Drainage Team.

• Due to some minor inconsistencies in the plans, further amended plans, including a revised landscaping plan, were received by Council on 10 May 2005.

• Following comments received from Council’s Drainage Engineer and Development Engineer, a further letter was sent to the applicant on 2 June 2005 requesting revised drainage plans.

• Following a meeting between the applicant and Council’s Senior Development Engineer to discuss the required drainage amendments, a further letter confirming the revisions required as agreed at the meeting was sent on 22 June 2005.

• Amended plans and revised drainage plans were received on 30 June 2005. The main difference proposed in the amended plans related to an increase in the finished floor level of villas 2 and 3 and the garage of villa 3. This change consequently increased the overall height of villas 2 and 3 by a maximum of 300mm and 400mm respectively.

• Further amended drainage plans were received by Council on 11 August 2005. The amended plans included deletion of the originally proposed visitor parking space as requested by Council’s Senior Development Engineer.

• With regard to the objection received, since the receipt of this submission, the objector has sold their property (No.10 Herbert Street) and no longer resides there. Plans and a letter of notification were delivered to the new owners on 7 September 2005 with advice that Council should receive any comments no later than 14 September 2005.

REPORT 5. Management Plan Linkages N/A


ITEM 5 (Continued) 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community. The assessment of this development application meets the following key outcomes for Assets for the Environment of the City of Ryde (set out on page 27 of the Management Plan 2005-2008): • Footpaths, cycleways and roads that are well maintained and designed to enable

the safe use by all users.

Improvements to the road surface of Hermitage Lane will occur, and kerb and gutter will be constructed along the Hermitage Lane frontage of the site. This will improve road safety for all users.

• Stormwater infrastructure that is well maintained and designed to enhance public

safety and amenity.

A new inlet drain will be constructed in Hermitage Lane to improve stormwater disposal in the area to the benefit of enhanced public safety and amenity.

Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. The assessment of this development application meets the following key outcomes for Environment for the Environment of the City of Ryde (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the

environment. The proposal has been assessed with regard to Section 79C of the Environmental Planning and Assessment Act 1979, which requires the evaluation of the environmental, social and economic impacts of the development application. • There are systems and processes in place that measure our impact on the

environment and take action when our environment is threatened. Some trees along the northern boundary of the site, notably the English Oak, the health of which would have likely been prejudiced by the originally proposed development, will not be threatened by the proposed development due to amendments sought by Council during the assessment process.


ITEM 5 (Continued) • Energy and water consumption is minimised.

This has been achieved by ensuring that the application complies with the relevant provisions of DCP45A – Energy Smart, Water Wise, as detailed in this report and with regard to recommended conditions 87 to 90.

• Landfill waste generation is minimised and the rate of recycling is increased. This has been achieved by ensuring that the application complies with DCP27 – Waste Minimisation and Management and the lodgement of a waste management plan. • Use of non-renewable resources are minimised. It is considered that the applicant has attempted to minimise the use of non-renewable resources where possible.

• Sustainable practices in buildings, waste management, transport, energy

systems and water use through community commitment. This has been achieved where applicable through adherence to the relevant provisions of Council’s Waste Management and Energy Smart, Water Wise DCP’s. Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City. The assessment of this development application meets the following key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. The application was notified to residents of the City of Ryde in compliance with DCP15B – Notification of Development Applications. Submissions have been considered and Council’s business paper and decisions are available to the public. • Compliance with all legislative requirements and statutory obligations. The application has been assessed under Section 79C of the Environmental Planning and Assessment Act 1979, the Ryde Planning Scheme Ordinance 1979, relevant State Planning Policies and relevant Council Development Control Plans and policies.


ITEM 5 (Continued) • An efficient and effective regulatory environment. Post approval impact mitigated by conditions of consent that are capable of regulatory control and implementation. People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community well-being through improved networks and services. The assessment of this development application meets the following key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic decision making and the promotion of active citizenship. The application was notified to residents of the City of Ryde in compliance with DCP15B – Notification of Development Applications. Submissions received have been addressed in this report. • The arts, culture, economy, environment, housing, leisure and public health of our community are positively and proactively influenced. The environment and housing are positively influenced through the diligent assessment of, and amendments to, this application. • The dignity, aspirations, and rights of residents are responded to.

As required to by Section 79C of the Environmental Planning and Assessment Act 1979 and Council’s Code of Conduct, this was considered. 7. Consultation – Internal and External Internal Referrals Drainage Team: The following issues were identified:

• Discrepancies regarding the construction of brick walls and retaining walls along the frontage and southwestern side boundary between the architectural, landscape and stormwater plans.

• Potential for stormwater to pond in the southwestern corner of the property. • The applicant has not submitted data to support the sizing or adequacy of the

three proposed grated pits. • Modifications to the ground levels in the courtyard area have the potential to

direct overland flow into garage no.1 and carspace causing inundation and property damage.


ITEM 5 (Continued) Revised drainage plans received on 19 April 2005 did not resolve the above issues. Further revised plans were subsequently received by Council on 11 August 2005. The amended plans satisfactorily resolve the issues raised and are considered acceptable. Development Engineer: The revised drainage plans received on 11 August 2005 satisfactorily resolve the issues previously identified by Council’s Drainage Team and Council’s Senior Development Engineer. The application is therefore considered to be satisfactory, subject to the imposition of 23 conditions of consent (see conditions 61 to 84). Landscape Architect: A report was received detailing concerns that the proposed works would have the potential to cause an adjacent English Oak at No.18 Herbert Street to enter decline and subsequently demise. Amended plans were subsequently received which provide a 5 metre setback between all works and the English Oak. No objection is raised to the revised proposal and revised landscape plan (received 10 May 2005) subject to conditions (see conditions 55 to 60). External Referrals None required. 8. Submissions: The proposal was advertised and notified in accordance with Council’s Development Control Plan for Notification. The application was advertised on 8 December 2004. Notification of the proposal was from 8 December 2004 until 13 January 2005. During the notification period, one submission was received. The issues raised in the submission were: 1. Loss of the existing dwelling will be damaging to the streetscape. Comment: The existing dwelling is not heritage listed and is not considered to be of any particular visual significance. 2. Impact of additional traffic on surrounding road network, particularly the junctions

of Hermitage Road and Victoria Road and Falconer Street and Victoria Road. Comment: The impact of additional traffic movements likely to be generated by two additional dwellings is considered to be negligible. 3. Lack of parking. Comment: Each villa is provided with two on-site parking spaces. This meets Council’s parking controls and is considered acceptable.


ITEM 5 (Continued) 4. Over provision of units and villas within West Ryde. Comment: The proposed villa development is permissible and satisfies Council’s controls with regard to linear separation. 5. Location of the site within the 1 in 100 year flood zone. Comment: As detailed previously in this report, Council’s Drainage Team and Senior Development Engineer have considered the impact of the proposed development on overland flow and, following the receipt of revised drainage plans, have concluded that the proposed development is acceptable with regard to this development constraint. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance Zoning The subject site is zoned Residential 2(a) under the provisions of the Ryde Planning Scheme Ordinance. The proposed villa development and strata subdivision are permissible with Council’s consent.

Mandatory Requirements Clause 41(2): Preservation of Trees: This clause states that the consent authority may grant consent for works/removal of trees covered by a tree preservation order. In this instance, the proposed development will retain existing protected trees on both the subject site and adjoining sites. Although some cutting back of overhanging branches will be required, this will be minor and will not prejudice the health of the trees. This work is therefore considered acceptable. Clause 56A : Villa Homes: This clause contains specific requirements applying to Villa Homes. The following table shows how the proposed development conforms with these requirements:


ITEM 5 (Continued)

RPSO

Proposal

Compliance

Density 1 dwelling per 300m2

1 dwelling per 349m2 Yes

Landscaping 120m2 per dwelling

155.8m2 / dwelling Yes

Height Single storey 4m

Single Storey Villa 1 (eastern villa) – 3.2m Villa 2 (central villa) – 3.3m Villa 3 (western villa) – 3.3m

Yes Yes Yes Yes

Car Parking 1 car space per 1 or 2 bedroom villa, 1.6 spaces per 3-4 bedroom villa. (6 spaces required) 1 visitor space per 4 dwellings (Nil spaces required).

6 spaces (2 per villa) Nil visitor spaces

Yes Yes

(b) Relevant State Environmental Planning Policies State Environmental Planning Policy No.55 – Remediation of Land State Environmental Planning Policy No.55 applies to the proposed development. Clause 7 of the Policy requires Council to consider the following: (a) Whether the land is contaminated Comment: There is no evidence to suggest that the subject site has ever been used for a purpose that would have resulted in contamination. This includes those land uses listed in SEPP No.55 Planning Guidelines issued by DIPNR in August 1998. Accordingly, parts (b) and (c) of this clause are not applicable. State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 came into force on 1 July 2004. The policy applies to all applications to construct single dwellings and dual occupancy developments. The subject development is therefore currently exempt from the requirements of BASIX. However, the existing energy efficiency controls contained in DCP No.45A do apply to the proposal.


ITEM 5 (Continued) (c) Relevant Regional Environmental Plans No Regional Environmental Plans are relevant to the subject application. (d) Any draft Local Environmental Plans Draft Local Environmental Plan No.129 A modified version of Draft Ryde Local Environmental Plan No.129 (DLEP) has been placed on public exhibition, pursuant to Section 66 of the Environmental Planning and Assessment Act 1979. The exhibition of the DLEP ran between 15 September and 15 October 2004. The DLEP amends the definitions of height and storey and introduces definitions for natural ground level and urban housing. The proposed development is consistent with the amendments proposed in DLEP 129. (e) Any Development Control Plan Development Control Plan No.21A – Urban Housing Development Control Plan No. 21A – Urban Housing (“DCP 21A”), which became effective on 16 October 2002, applies to this proposal. The following table shows how the proposed development conforms with the provisions of the DCP:

DCP 21A

Proposal

Compliance

Part 2 – Site Requirements

Site Analysis – Each Development Application must be accompanied by a site analysis.

A site analysis plan has not been submitted with the development application.

No1

Minimum Allotment Size – Allotments should have a frontage to a road of not less than 20 metres and area not less than 600m2.

Site Frontage: 20.1m Site Area: 1048m2

Yes


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance

Part 2 – Site Requirements (cont.)

Non-Preferred Locations – Approval will only be granted where Council is satisfied that the site is suited for this form of more intense residential development (i.e. land is affected by overland flow).

The site is located in a non-preferred location as it is partially affected by overland flow. However, Council’s engineers are satisfied that no adverse impact would result. Approval for the proposed more intense form of development may therefore be granted.

Yes

Linear Separation – Urban housing developments in the Residential 2(a) zone must be separated from other urban houses, villa homes and duplex developments.

The proposed development complies with the linear separation requirement of DCP 21A.

Yes

Retention of Existing Dwellings – Council will only consider proposals that retain an existing dwelling where it involves a heritage significant building.

The proposal does not involve the retention of the existing dwelling.

Yes

Part 3 – Building Form

Appearance – The floor to ceiling height must not be less than 2.7m.

A minimum floor to ceiling height of 2.7m is proposed.

Yes


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance

Part 3 – Building Form (cont.)

Roofshape – Roofs should generally be pitched between 22-30 degrees where visible from public areas or streets.

A roof pitch of 30 degrees is proposed. This is considered an acceptable roof pitch in this instance.

Yes

All roofs should incorporate, overhang eaves of at least 300mm and where appropriate verandahs.

The proposed villa homes incorporate suitable overhanging eaves.

Yes

The use of gables fronting the street, is required to add further interest to the streetscape. Hipped roofs will generally not be permitted.

The villa home fronting Falconer Street (villa no.1) has a hipped roof rather than a gable.

No2

There should be variation in the roof line, by breaking the roof into smaller elements so that is does not appear as a continuous roof.

Adequate articulation is provided to the roof form of the building.

Yes

Fences – Low open front fences are traditionally used throughout Ryde. Front fences must not be higher than 1.2m and must be at least 70% visually permeable.

The submitted plans indicate a 600mm high solid brick wall along the Falconer Street and Hermitage Lane property boundaries.

No3


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance


Fences (cont.) Boundary fences which face another street (including laneways) must be constructed of materials similar to the front fence. Lapped and capped timber fences and colorbond fences will not be permitted. If the fence is of solid construction, indents of not less than 600mm by 300mm must be provided to allow landscaping to soften the impact of the fence.

The proposed fence fronting Hermitage Lane complies with this provision. However, a 1.8m high lapped and capped timber fence is proposed fronting Herbert Lane to the west. It would extend for 15.5m between the front elevation of villa no.3 and the rear boundary. Appropriate sized indents have been provided in this fence and landscaping will be planted in the indents as illustrated on the revised landscaping plan.

Yes

Side, return and rear boundary fences should be constructed of timber to lapped and capped standard.

The rear boundary fence along the northern boundary is proposed to be a 1.8m high lapped and capped timber fence. For villas 2 and 3, the fence will be located upon a retaining wall extending to a maximum height of 650mm at its western end.

Yes

Materials – the exterior walls should use materials consistent, in both form and colour, with the traditional materials of the locality. Roofs should use materials consistent with the traditional materials of the street.

The plans indicate that the walls of the building will be brickwork and the roofing materials will be concrete roof tiles.

Yes


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance


Density & Site Coverage – The maximum density allowed is:-

• 1x 2-br dwelling per 300m2 • 1x 3-br dwelling per 330m2 • 1 x 4-br dwelling per

365m2

Required Site Area: 990m2 Proposed Site Area: 1048m2

Yes

Site coverage must not exceed 40% (419.2m2)

40.7% (427m2)

No4

Permeable area of the site must not be less than 35% (366.8m2)

39.7% (416.4m2)

Yes

Private Outdoor Space – Private outdoor space should face north to gain the most advantage of the winter sun.

The courtyards of villas 1 and 2 are north facing and although they will be partially shaded by existing vegetation, will have adequate solar access. However, the main courtyard of villa no.3 (i.e. the larger area with direct access from the living area and pergola) is located on the western side of the development.

No5


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance


Private Outdoor Space (cont.) Minimum private open space requirements are:

• 30m2 for 2-br dwelling • 35m2 for 3 (or more)br

dwelling. All of these areas must have a minimum dimension of 4 metres. Private open space areas should be securely enclosed, clearly visible from living areas of the dwelling, must be one area not many small areas, and must not be covered by a roof.

Each of the proposed villas contains 3 bedrooms and thus requires a minimum of 35m2 of private open space. The amount of open space provided is as follows: Villa 1: 35m2 Villa 2: 41.3m2

Villa 3: 36.5m2 (a second courtyard area measuring 27.2m2 is also proposed resulting in a total area of 63.7m2). Each courtyard has a minimum dimension greater than 4m. Each of the main courtyard areas meet the other private open space requirements.

Yes

Type and number of dwellings – In developments containing 4 or more dwellings not more than 50% of dwellings should have the same number of bedrooms.

The proposed development contains 3 dwellings. Accordingly, this clause is not applicable.

N/A

No development should contain more than 12 dwellings.

3 dwellings are proposed.

Yes


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance

Part 4 – Site Planning

Designing to the Site Topography – Sites for urban housing should be selected so that dwellings have a presentation to the street, where the front entrance of at least one dwelling can be clearly seen from the street.

Villa No.1 has an acceptable presentation to Falconer Street. This villa also incorporates a front entrance clearly visible from Falconer Street. All 3 villas present favorably to Hermitage Lane.

Yes

Sites which slope from the street to the rear of the lot where only the roof of the dwelling is visible are not suitable for urban housing.

The site has a generally flat topography that allows the development to be fully visible from the street.

Yes

Sites which have a cross slope may not be suitable for urban housing as dwellings will be higher than adjoining properties and lead to adverse impacts on privacy of other properties. Sites which slope across the site where new dwellings, outside the established building zone, have floor levels more than 1 metre higher than adjoining properties or with a gradient of more than 1:6 will not be acceptable.

The topography of the subject site is acceptable in terms of the concerns expressed within this clause.

Yes


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance

Part 4 – Site Planning (cont.)

Altering levels of the site – The levels of the site should not be altered by more than 300mm. Fill should not be brought onto the site.

Given the site slopes up from east to west, some cut and fill is proposed. This is predominantly to the proposed courtyards. Less than 300mm fill is required for the courtyard of villa No.1. However, up to 400mm of cut is required for the courtyards of villas 2 and 3 respectively.

No6

Front Setbacks – Buildings must be set back: (a) the same distance as one of

the buildings on an adjoining allotment, if the distance between the setbacks of the buildings on the two adjoining allotments is not more than 2 metres; or

(b) if the distance between the

setbacks of the adjoinings is more than 2, the average of the two.

No.69A Falconer Street to the south of the subject site has a front setback of 4.5m. To the north, the adjacent dwelling fronts Herbert Street and is therefore not relevant to this clause. The average front setback in this case is therefore 4.5m. A front setback of 8.3m is proposed.

Yes


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance


Setback from second street frontage – Where the site has a second street frontage the walls of all buildings must be set back not less than 4.5 metres from that boundary.

With the exception of six 500mm protrusions by the proposed bay windows, a 4.5m setback is proposed between the southern elevation and Hermitage Lane.

Yes

Side and rear setbacks – the walls of the buildings must not be less than 4.5m from side and rear boundaries. To promote variation and interest in design, Council may allow up to 50% of the wall of any villa to be less than 3 metres from the side and rear boundary.

The southern side setback to Hermitage Lane will be 4.5m with the exception of the bay windows. The western and northern setback also comply with the 4.5m and 3m setback requirements.

Yes

Where vehicular access is provided within this area, the minimum setback shall be 6 metres.

No vehicular access is proposed within the side or rear setbacks.

Yes

Building Height Limit – Buildings outside the established height zone must not be more than 1 storey and 4 metres in height.

The height of the entire proposal is single storey and no more than 4m.

Yes


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance


Vehicles & Garages – Car parking is required at the following rate:

• 1 space per 1 or 2 bedroom dwelling

• 2 spaces per 3 or more bedroom dwellings

• 1 visitors space per every 2 dwellings.

2 parking spaces per villa are proposed in accordance with this provision of the DCP. Although 1 visitor space was originally proposed, this was subsequently deleted at the request of Council’s Senior Development Engineer. However, 2 spaces are technically required for 3 dwellings.

No7

Garages and parking spaces should not dominate the development when viewed from the street or any public area.

The proposed garages are setback 2m from the front façade of the villas and extend across only 25% of the overall Hermitage Lane elevation. They are therefore not considered to visually dominate the development.

Yes

For developments of 4 or more dwellings a dedicated carwash bay should be provided in a convenient location. The car wash bay must be drained to the sewerage system in accordance with the Sydney Water Corporation or a suitable on-site wastewater disposal system. The wastewater must not discharge to the Council’s stormwater system.

As this proposal contains only 3 dwellings, a car wash bay is not required.

N/A


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance


Vehicles & Garages (cont.) Tandem parking arrangements will only be allowed where there is no impact on the ability of vehicles to manoeuvre on the site and access parking areas. In particular, tandem parking must not be provided in front of a garage.

The proposed tandem parking arrangements are considered acceptable.

Yes

Manoeuvrability – The development must be designed so that all vehicles can enter and leave the site in a forward gear. For corner allotments, council may allow vehicles to leave the site by reversing, where the traffic conditions allow this to occur safely and there is not more than 3 dwellings and not more than 2 crossovers.

No provision for turning is provided within the proposed development. However, the subject site is a corner allotment and only three dwellings and two crossovers are proposed. There is no evidence to suggest that traffic conditions would prevent the safe reversing of vehicles onto Hermitage Lane.

Yes

Accessibility – Developments of 4 or more dwellings must be designed so that not less than 50% of the dwellings provide access to indoor and outdoor living areas for people with disabilities.

As only 3 dwellings are proposed, this clause is not applicable in this instance.

N/A


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance


Visual and Acoustic Privacy – Direct overlooking of main internal living areas and private open spaces of other dwellings is minimised by building layout, location, design of windows and screening devices and landscaping.

The building layout and design has minimised direct overlooking into the living areas and open space of the adjoining dwellings. A new 1.8m high colorbond fence along the northern boundary will ensure no loss of privacy will occur to the rear of properties in Howard Street.

Yes

Site layout and building design should protect internal living areas and sleeping areas from high levels of external noise.

The garage of villa No.3 will abut the western wall of bedroom 1 in villa No.2.

No8

Overshadowing and access to sunlight – Sunlight to at least 50% of the principal area of ground level private open space of adjacent properties must not be reduced to less than two hours between 9am and 3pm on June 21.

In view of the distance to neighbouring dwellings and the single storey nature of the proposed development, it is not considered that any overshadowing of adjacent dwellings and their attached private open spaces would occur in this instance.

Yes

Landscaping – Existing trees should be retained. Buildings and other structures must be located sufficient distance from proposed and existing trees to ensure the longevity of the tree. The minimum distance from a building to a proposed or existing tree is 3 metres.

The proposed development has been amended to ensure the retention of a neighbouring oak tree. The distances to other trees to be retained are considered acceptable.

Yes


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance


Privacy planting – Landscape strips provided for privacy purposes must not be less than 1.2 metres wide.

A raised planter bed, 1.2m wide is proposed along the majority of the northern and western boundaries. Given the lower level of the courtyards and the 1.8m high boundary fence, a planter bed is not considered necessary along the full length of the northern boundary. No other landscape strips for privacy purposes are required in this instance.

Yes

Planting along the driveway and around pathways – A planting strip not less than 1.2m wide should be provided between the driveway and the adjoining property boundary.

The proposed development complies with this provision.

Yes

A landscaping strip of not less than 1 metre must be provided between the driveway and the wall of the dwellings.

This provision is not applicable due to the configuration of the proposed development. However, it is relevant to note that a 1.1m wide landscape strip is proposed between the visitor parking space and the southern wall of villa no.1.

N/A


ITEM 5 (Continued)

DCP 21A

Proposal

Compliance

Part 5 – Drainage Minimising flowrates – The extent of hard surfaces within the site should be minimised.

The proposed development complies with this provision.

Yes

An on-site detention system must be provided.

An on-site detention system is proposed. Council’s engineers consider the system acceptable.

Yes

Overland flow – Details of the method of dealing with stormwater are to be submitted with the development application.

Sufficient overland flow details have been submitted with the application.

Yes

Areas of Non-Compliance: 1. Site Analysis Plan: Although a specific site analysis plan has not been submitted,

sufficient information has been provided to adequately assess all relevant aspects of the proposed development.

2. Roof Gable: The surrounding area is characterised by a mixture of hipped and

gabled roofs fronting onto the street. The decision of the applicant not to provide a gable fronting onto Falconer Street is unlikely to result in an adverse visual impact on the surrounding streetscape and is therefore considered acceptable. However, should Council consider such an amendment necessary, a condition requiring that the roof design be modified could be imposed.

3. Fences: A solid 600mm front boundary wall is proposed. Although not

‘predominantly open’, the proposed brick wall is characteristic of the surrounding streetscape and is of a limited height that will not be visually prominent. This non-compliance is therefore considered acceptable.

4. Site Coverage: The proposed site coverage exceeds the control by 0.7% or 7.8m2.

In accordance with the memorandum from the Group Manager Environmental Planning dated 27 October 2003, a non-compliance of up to 3% is considered acceptable (where the development complies with all other DCP requirements) due to the difficulty in single storey developments complying with this control. As the proposal complies with all other controls with regard to the size and scale of the development, the application is considered acceptable in this regard.


ITEM 5 (Continued) 5. Orientation of Private Open Space: The control requires private open space areas

to face north to maximize solar access. In this instance, the courtyards of villas 1 and 2 comply. However, the main courtyard area (i.e. the area with direct access from the main living area of the villa, the pergola and of compliant size) of villa 3 is located on the western side of the development. An acceptable level of solar access will occur to this area. In addition, the smaller courtyard area for this villa does have a northern orientation thus providing a further area benefiting from additional solar access. No significant overshadowing of any of the private open space areas has been identified.

6. Altering Site Levels: The subject site slopes up from east to west whilst the

proposed development is proposed to be relatively level. A minor level of fill is therefore proposed to the eastern side and is acceptable. Cut of up to 400mm is proposed to create the courtyard areas of villas 2 and 3 to the western side of the site and thus exceeds the 300mm maximum specified by the DCP. However, in view of the sloping nature of the site, the minor extent of the non-compliance, and the lack of resultant impact on either the future occupants or neighbouring residents, this non-compliance is considered acceptable.

7. Vehicles & Garages: Although the DCP requires 1 visitor parking space per 2

dwellings, the Planning Scheme only requires 1 space per 4 dwellings. Therefore, although the proposed development does not comply with this provision of the DCP, it does comply with the Planning Scheme. Consent cannot therefore be withheld for this reason or an amendment sought to the proposed scheme. One visitor space was originally proposed but was deleted for engineering reasons. Although this change is shown on the revised drainage plans, it has not been corrected on the architectural plans. Condition no.3 is therefore proposed to ensure that the vehicular access to villas 1 and 2 is constructed in accordance with the approved stormwater plans and not with the approved architectural plans. Overall, it is considered that due to the availability of on-street parking spaces for visitors in the immediate area, no issues will arise from the approved parking layout.

8. Noise: The DCP requires the proposed building design to protect internal living

areas and sleeping areas from high levels of external noise. In this instance, the garage of villa 3 is proposed to directly abut the western wall of bedroom 1 of villa 2. This juxtaposition, whilst not particularly ideal, is considered acceptable as potential impact will be minimised by a built-in wardrobe along the western wall of bedroom 1 and the fact that it is unlikely that the limited number of vehicle movements for a single villa would give rise to an unacceptable level of disturbance.

Development Control Plan No. 27 – Waste Management & Minimisation A Waste Management Plan, prepared in accordance with the requirements set out in DCP 27, has been submitted with the development application. This plan is considered satisfactory and the provisions contained within the plans will be enforced by way of a condition of consent (see condition no. 92).


ITEM 5 (Continued) Development Control Plan No. 29A – Car Parking Development Control Plan No. 29A – Car Parking (“DCP 29A”), which became effective on 17 January 2003, states that the parking requirement for villa homes is as per the Villa Homes Development Control Plan. The Villa Homes Development Control Plan has since been superseded by the Urban Housing Development Control Plan (“DCP21A”). Consideration of the proposal under the provisions of DCP21A has been provided previously in this report. In any event, it is considered that the proposed development provides an acceptable level of car parking that satisfies the objectives of DCP29A. Development Control Plan No. 37 – Access for People with Disabilities The requirement of this development control plan that applies to the proposed development is, “the provision of an accessible path of travel from the street to and through the front door where the level of the land permits”. The topography of the subject site allows for an accessible path of travel to be provided from the street, to and through the front door of at least one of the proposed villas. A condition of consent requiring such a path of travel to be provided and maintained has been included in the recommendation of the report (see condition no.95). Development Control Plan No. 41 – Stormwater Management Council’s Drainage Team and Development Engineer have assessed the proposal against the requirements of DCP 41 and advised that the proposal is satisfactory. Appropriate conditions of consent have been provided to ensure the development complies with accepted engineering standards. Development Control Plan No. 45A – Energy Smart / Water Wise A NatHERS energy rating has been provided with the development application. The results are that a rating of 3.5 stars is provided for each dwelling. The DCP requires a minimum rating of 3 stars for each dwelling. All of the proposed dwellings therefore comply with this requirement of the DCP. Conditions 87 to 90 specifically address matters related to ESD and DCP 45A. Section 94 Contributions Plan No.1 (2003 Amendment): Council’s Section 94 Contributions Plan No.1 (2003 Amendment), which became effective on 3 September 2003, applies to this proposal.


ITEM 5 (Continued) The contributions that are payable with respect to the three proposed dwellings are as follows:

CONTRIBUTION PLAN

Contributions for 3 Villas

Credit for Existing Dwelling

Total Contribution

Payable

Public Space $24,246 $11,066 $13,180

Drainage $4,836 $2,199 $2,637

Administration $255 $116 $139

TOTAL $29,337 $13,381 $15,959

A condition requiring the payment of a Section 94 contribution for the amount of $15,959 has been included in the recommendation of this report (see condition no.28). Subdivision Code Council’s DCP does not prevent the strata subdivision of villa homes. The current proposal has requested strata subdivision of the proposal, to which no objection is raised. Appropriate conditions of consent have been recommended to ensure that the subdivided development is satisfactory (see conditions 80, 85 and 86). 10. Likely impacts of the Development (a) Built Environment The main issues associated with villa developments are: Context and Setting: It is considered that the appearance of the proposed villa development will generally complement the existing streetscape within Falconer Street. The proposal will be constructed in face brickwork and concrete roof tiles. These external materials and finishes are consistent with those found in the surrounding area. The design and appearance of the proposed villa home development is similar to other developments that have been approved in the locality and will visually conform with the existing streetscape. It is considered that the bulk and scale of the development is consistent with the bulk and scale of a single dwelling house. An objective of Council’s Villa Homes DCP is to provide a form of medium density housing that is both compatible and sympathetic with conventional detached dwelling houses. It is considered that the proposed development achieves this objective.


ITEM 5 (Continued) Access and Traffic: The proposed villa development does not strictly comply with the parking requirements applying under DCP 21A as no visitor parking spaces are to be provided. However, as detailed previously in this report, no visitor spaces are required under the provisions of the Planning Scheme which requires visitor parking only for 4 dwellings and above. The application is therefore considered acceptable in this regard. Visual Privacy: The proposed villa development has been designed to minimise adverse impacts upon adjoining residents. A 1.8 metre high colorbond fence is proposed along the northern boundary and the rear boundaries of nos 12 to 18 Herbert Street which will prevent any overlooking from windows or courtyard areas of the proposed villas. No privacy issues arise with regard to the other boundaries of the site. Safety by Design and CPTED: An assessment of the proposal against the principles of “Safety by Design” and crime prevention has been carried out. No significant issues have arisen. It is recommended that consideration be given to the placement of lighting within the development so as not to reduce the effectiveness of natural surveillance (see condition 91). (b) Natural Environment As detailed previously in this report, although the proposed development involves the removal of some trees from the site, these are not considered significant. Overall, the development retains the significant trees on the subject site and adjoining sites. There are no natural landscapes such as waterways or bushland in the vicinity of the site. Appropriate conditions of consent have been imposed to control impacts such as stormwater pollution and soil erosion. Accordingly, the proposed development will not have any impact upon the natural environment. Ecological Sustainable Development (ESD) In 1997, Ecologically sustainable development (ESD) became an objective of the Environmental Planning and Assessment Act. In this regard, the proposed development is considered against the requirements of Council’s Development Control Plan No. 45 – Energy Smart/Water Wise. This development control plan aims to ensure that new developments are energy efficient, that the consumption of non-renewable energy sources is reduced and household water consumption is reduced. The aims of the DCP are achieved by the incorporation of design requirements into the proposed development.


ITEM 5 (Continued) The subject proposal is considered acceptable in terms of energy efficiency as the main living areas such as the living room and kitchen are situated on the northern side of villas 1 and 2. The layout of villa 3 is less energy efficient as the living area and kitchen are west facing. However, these living areas will receive an acceptable level of afternoon sunlight and as such, this issue is not considered sufficient reason to require revision of the proposed layout. Villas 1 and 2 have rear courtyards with a northerly aspect, which will make these areas both useable and attractive all year round. The main rear courtyard of Villa 3 is west facing but is also provided with a smaller north facing courtyard area. This arrangement is considered to constitute a usable outdoor living area that can be enjoyed all year round. 11. Suitability of the site for the development The subject site is partly designated as being within an overland flow path. As detailed in this report, this constraint has been satisfactory addressed and the application is acceptable in this regard. There are no other known site constraints or natural hazards that would make the subject site considered unsuitable for the proposed development. 12. The Public Interest The following matters are listed within the DIPNR Guide to Section 79C as matters for consideration under the Public Interest:

• Federal and State Government policy statements, • relevant planning studies and strategies, • management plans, planning guideline or advisory documents • covenants, easements or agreements affecting the proposal, and • relevant issues raised in public meetings and inquiries.

Having regard to the above list, the proposed villa development is acceptable in terms of the public interest. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. 14. CONCLUSION: The proposed villa development has been assessed against the matters for consideration prescribed in Section 79C of the Environmental Planning and Assessment Act 1979 and is considered to be satisfactory.


ITEM 5 (Continued) Although some areas of non-compliance with the requirements of DCP 21A have been identified, the nature of these variations are minor and not such that would warrant refusal of the application. In addition, the concerns raised in the submissions do not warrant refusal of the development application. Accordingly, it is recommended that the development application be approved, subject to appropriate conditions of consent. RECOMMENDATION: (a) That Local Development Application No.1085/2004 for the construction of an

Urban Housing development at 69 Falconer Street, West Ryde (being LOT: 53 DP: 4964) be approved subject to the following conditions;

1. Development is to be carried out in accordance with plans numbered D01D

and D02C, dated 23 June 2005 and prepared by Peter Hall Architects Pty Ltd and supporting information submitted with the development application, except where amended in the following conditions.

2. The term of this Consent is limited to a period of two (2) years from the date of

approval. The consent will lapse if the development does not commence within this time.

3. Notwithstanding the approved architectural plans, no consent is granted for a

visitor parking space within the Hermitage Lane setback. The eastern vehicular access is instead to be constructed in accordance with the approved stormwater drainage plans (see condition no.81).

4. Fencing: Unless otherwise approved, fencing is to be in accordance with

Council's Fencing Development Control Plan and details of compliance are to be provided in the plans for the Construction Certificate.

5. The following mandatory inspections are to be complied with:

i. at the commencement of the building work ii. after excavation for, and prior to the placement of, any footings iii. prior to pouring any in-situ reinforced concrete building element iv. prior to covering of the framework for any floor, wall, roof or other building

element v. prior to covering waterproofing in any wet areas vi. prior to covering any stormwater drainage connections vii. after the building work has been completed and prior to any occupation



ITEM 5 (Continued)

6. Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

7. Prior to occupation of the building, an occupation certificate must be obtained.

Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.

8. In addition to the above stated inspections, Council or an accredited certifier is

required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and Council’s Development Control Plan for Engineering Standards Development Criteria Section 5 Construction Activities:

i) Sediment control measures ii) Tree Preservation and protection measures iii) Security fencing iv) Materials or waste containers upon the footway or road. v) Builders signage and site toilets

9. In issuing this approval, Council has relied on the information provided by you

about the siting of the building/structure on the allotment. If this information is incorrect, it is your responsibility to correct the errors. It may be advisable to undertake a land survey prior to commencing any works.

10. A certificate from a suitably qualified person is to be submitted to the Principal

Certifying Authority (Council or an accredited certifier) that the method of Termite Protection has been provided in accordance with Part 3.1.3 of the Building Code of Australia and the requirements of the Australian Standard 3660.1.


Certifying Authority (and Council if Council is not the PCA) that the method of waterproofing wet areas has been provided in accordance with Part 3.8.1of the Building Code of Australia and the requirements of the Australian Standard 3740 prior to wall tiling.

12. The construction of sanitary compartments is to comply with the requirements

of Part 3.8.3.3 of the Building Code of Australia. Closet pans in rooms that do not have doors opening outwards or sliding must be located a minimum of 1.2 from the nearest part of the doorway.


ITEM 5 (Continued)

13. A certificate from a suitably qualified person is to be submitted to the Principal Certifying Authority (and Council if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with 3.7.2 of the Building Code of Australia. Location details showing compliance are to be submitted by Council or an accredited certifier prior to the issue of the Construction Certificate.

14. A Registered Surveyors check survey certificate, or compliance certificate, is

to be submitted to the Principal Certifying Authority (and Council if Council is not the PCA) detailing compliance with Council’s approval at the following stages:

i) Prior to construction of the ground floor level showing the area of the land,

proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels

ii) On completion of the proposed building showing the area of the land, completed building and the boundary setbacks

15. All excavated material must be removed from the site. No fill is to be placed

above the natural ground level. 16. The applicant is to submit to and have approved by Council or an accredited

certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

17. Perimeter of slabs to be provided with a drop-edge beam so as to provide face

brickwork from the natural ground level. 18. All required retaining walls are to be completed at the earliest possible stage

and prior to the erection of the timber and masonry frame work. Details are to be submitted to and approved by Council or an accredited certifier prior to the issue of the Construction Certificate.

19. The building shall be constructed to comply with Part 3.8.6 of the Building

Code of Australia (Noise Transmission and Insulation). 20. The wall separating the dwellings is to have an F.R.L. not less than 60/60/60

extending to the underside of the roof cladding to comply with Part 3.7.1.8 of the Building Code of Australia

21. Treads, risers and balustrades to comply with Part 3.9.1 & Part 3.9.2 of the

Building Code of Australia. Balustrading (where required) is to be a minimum 1.0 metre high and any openings are not to exceed 125mm.

22. All timber framework is to comply with the requirements of Part 3.4 of the

Building Code of Australia and A.S.1684.


ITEM 5 (Continued)

23. Glass doors and all other glazing shall be installed in accordance with Table 1A Appendix “A” of AS 1288 Glass Installation Code.

24. A security deposit is to be paid to Council (Public Facilities and Services

Group) in accordance with the requirements of Council’s Management Plan (scheduled fees) being a deposit of $4,200.00 as well as the infrastructure inspection fee in accordance with the requirements of Council's Management Plan (scheduled fees) prior to the issue of the Construction Certificate.

25. Enforcement levy is to be paid to Council in accordance with the

requirements of Council’s Management Plan (scheduled fees). 26. Documentary evidence of payment of the Long Service Levy under Section 34

of the Building and Construction Industry Long Service Payments Act 1986 is to be received.

27. The applicant is to submit an application and pay the required fee to Council

prior to the issue of the Construction Certificate for street alignment levels for the street crossing.

28. Section 94 Contributions. A contribution for the services in Column A and for

the amount in Column B shall be made to Council prior to the issue of the Construction Certificate.

A B Public Space $ 13,180.00Stormwater Drainage $ 2,637.00Administration $139.00Total Contribution Required $15,959.00

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Contribution Plan No. 1 (2003 Amendment) adopted by Ryde City Council on 19 August 2003. The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the “Implicit Price Deflator – Gross Fixed Capital Expenditure – Total Public” index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on an annual basis in accordance until such time as the contribution is paid.

29. Documentary evidence of compliance with Conditions 24 to 28 to the

satisfaction of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.


ITEM 5 (Continued)

30. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water web site www.sydneywater.com.au/customer/urban/index or telephone 13 20 92. Following application a “Notice of Requirements” will be forwarded detailing water and sewer extensions to be built and 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 landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the Occupation Certificate.

31. Please contact Energy Australia’s Local Customer Service Office to obtain

documentary evidence that Energy Australia has been consulted and that their requirements have been met.

Energy Australia Building No. 2 Bridge Road (near Sherbrook Road) Hornsby Telephone: 9477 8201 Facsimile: 9477 8295 Postal Address: GPO Box 4009, Sydney NSW 2001 Website Address: www.energy.com.au This information is to be submitted to Council prior to the release of the Subdivision Certificate/Occupation Certificate.

32. Sediment control works are to be installed and maintained in accordance with

Council’s Development Control Plan for Engineering Standards Development Criteria Section 5 Construction Activities.

33. A site works plan must be prepared and submitted with the Construction

Certificate for every demolition, earthworks or building works indicating methods of sediment and pollution control in accordance with Council’s Development Control Plan for Engineering Standards Development Criteria Section 5 Construction Activities.

34. DCP 42. Site toilets are to be provided in accordance with the Workcover

Code of Practice entitled “Amenities for construction work”. 35. DCP 42. In relation to demolition, all work is to be carried out in accordance

with the requirements of AS2601.1991 (The Demolition of Structures). 36. DCP 42. Security fencing shall be provided around the perimeter of the

building/demolition site and precautionary measures taken to prevent unauthorised entries of the site at all times during demolition and construction.


ITEM 5 (Continued)

37. Signage is to be provided on the site as follows:

i) During the demolition process notices lettered in accordance with AS1319 displaying the words “DANGER - DEMOLITION IN PROGRESS” or a similar message shall be fixed to the security fencing at appropriate places to warn the public.

ii) During the entire construction phase a sign shall be fixed on site

indicating the builder’s or a contact person’s name and contact phone number.

38. DCP 42. Site toilets shall be provided in accordance with the WorkCover Code

of Practice entitled “Amenities for Construction Work”. 39. At all times work is being undertaken within a public road adequate

precautions shall be taken to warn, instruct and guide road users safely around the work site. Traffic control devices shall satisfy the minimum standards outlined in AS1742.3-1996 “Traffic Control Devices for Work on Roads”.

40. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm and between 8.00am and 4pm on Saturday. No work is to be carried out on Sunday or Public Holidays.

41. No spoil, stockpiles, building or demolition material is to be placed on any

public road, footpath, park or Council owned land. 42. Adequate precautions must be taken to control the emission of dust from the

site during demolition and construction work. These precautions could include minimising soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.

43. All work involving asbestos products and materials, including asbestos-cement

sheeting (i.e. fibro) must be carried out in accordance with the guidelines for asbestos work published by Workcover New South Wales.

44. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), must

be disposed of at a landfill facility licensed by the New South Wales Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.

45. Adequate arrangements must be made for the storage and disposal of

demolition and building waste generated on the premises. In this regard the demolishers and builders are encouraged to maximise the re-use and recycling of materials (eg. Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separating these materials from other wastes.


ITEM 5 (Continued)

46. Only unpolluted water is to be discharged to Council’s stormwater drainage system.

47. The L10 noise level measured for a period of not less than 15 minutes while

demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

48. All imported fill must be validated by an experienced environmental consultant

to ensure that the material is virgin excavated natural material (eg. clay, gravel, sand, soil and rock) that is not mixed with any other waste and:

(a) has been excavated from areas that are not contaminated, as a result of

industrial, commercial, mining or agricultural activities, with manufactured chemicals and that does not contain sulphidic ores or soils; or

(b) consists of excavated natural materials that meet such criteria as may be

approved by the NSW Environment Protection Authority.

49. A copy of the validation report must be submitted to the Principal Certifying Authority (and Council, if Council is not the Principal Certifying Authority) at least seven (7) days before the fill is imported onto the site.

50. Each load of imported fill must be accompanied by a delivery docket from the

supplier including the description and source of the fill. 51. A responsible person must be on site to receive each load of imported fill and

must examine the delivery docket and load to ensure that only virgin excavated natural material that has been validated for use on the site is accepted.

52. The delivery dockets must be forwarded to the Principal Certifying Authority

within seven (7) days of receipt of the fill and must be produced to any authorised officer who demands to see them.

53. Compliance with any order or notice given under Section 121 of the

Environmental Planning & Assessment Act. 54. Applicants are to satisfy themselves that no covenants exist which would

restrict or prohibit the development of the land in accordance with this Consent and the conditions attached hereto.

Landscaping Conditions

55. Landscaping of the development site is to be carried out and maintained in accordance with the Landscape Planting Plan no. L01/1-R9701(Revision A), dated 5 May 2005, and prepared by Michael Siu Landscape Architects Pty Ltd.


ITEM 5 (Continued)

56. A Consultant Arborist must be appointed to oversee all works, including demolition and construction, in relation to the trees identified for retention on the site.

57. Tree Protection Zones are to be established around all trees to be retained

including the neighbouring English Oak (Quercus robur), prior to the commencement of any works including demolition or construction. Tree protection measures are to be in accordance with those specified on the landscape plan.

58. The landscape plan for the Construction Certificate should be amended to

correctly show the Celtis sp, which is incorrectly labelled as a Jacaranda. Celtis is an inappropriate species in this context and should not be retained as part of the development.

59. The removal of the Camphor Laurel (Cinnamomum camphora) located on

the northern boundary is conditional to the consent of all joint owners of the tree (the trunk of which is located partially in No 18 Herbert St) agreeing to the removal of the tree. Written consent should be submitted to the PCA prior to the Construction Certificate being issued.

60. Documentary evidence of compliance with Condition no.55 to the satisfaction

of Council or an accredited certifier is to be obtained from a qualified landscape architect or landscape consultant. Documentary evidence of tree protection and management, landscape planting and construction in accordance with the approved plan and specified items is to be submitted to the Principal Certifying Authority prior to the Occupation Certificate being issued.

General Engineering Conditions

61. Design and Construction Standards. All engineering plans and work shall be carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

62. Service Alterations. All mains, services, poles, etc., which require alteration

shall be altered at the applicant’s expense. 63. Restoration. Public areas must be maintained in a safe condition at all

times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment.


ITEM 5 (Continued)

64. Engineering Compliance Certificates. Engineering Compliance Certificates must be obtained for the following works at the specified stage (If Council is appointed the PCA then the appropriate inspection fee is to be paid to Council) and submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate:

• Prior to backfilling of pipelines in which Council has an interest. • Prior to backfilling of drainage connections to pipelines or channels in

which Council has an interest. • Prior to casting of pits and other concrete structures in which Council

has an interest including kerb & gutter, accessways, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

NOTE: Council has an interest in all pipelines which drain public reserves and public road reserves, and in all structures located within public road reserves.

All Engineering Compliance certificates are to contain the following declarations: a) This certificate is supplied in relation to <<address of property>>. b) <<name of engineer and company >> have been responsible for the

supervision of all the work nominated in (a) above. c) I have carried out all tests and inspections necessary to declare that the

work nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent.

d) I have kept a signed record of all inspections and tests undertaken during the works, and can supply the Principal Certifying Authority [PCA] with a copy of such records and test results if and when required.

65. Road Opening Permit. The applicant shall apply for a road opening permit

where a new pipeline is proposed to be constructed within or across the footpath. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.

Engineering Conditions to be complied with Prior To Construction Certificate 66. Engineering Fees. A payment of $2,090 shall be made to Council prior to the

issue of the Construction Certificate for the inspection and supervision of Council’s Infrastructure construction on Herbert Lane and Hermitage Lane.

67. Road Pavement Construction. Prior to the issue of the Construction

Certificate, the applicant shall pay Council an amount of $15,400 towards the cost of reconstructing the full width road pavement in Hermitage & Herbert Lane. This cost is based on the amount of pavement that would be required to be constructed adjacent to the new kerb & gutter and other areas disturbed by the development works.


ITEM 5 (Continued)

68. Driveway Grades. The maximum grade of all internal driveways and vehicular ramps shall be 1 in 5. The maximum change of grade permitted is 1 in 8 and any transition grades shall have a minimum length of 2.5m. The driveway design is to incorporate Council’s issued footpath and gutter crossing levels where they are required as a condition of consent. A driveway plan, longitudinal section from the centreline of the public road to the garage floor, and any necessary cross-sections clearly demonstrating that the driveway complies with the above details, and that vehicles may safely manoeuvre within the site without scraping.

69. Drainage Plans. The plans and supporting calculations of the proposed

drainage system, including the on-site detention system and details addressing any overland flow from upslope properties are to be submitted with the Construction Certificate application.

A positive covenant shall be executed and registered against the title of any lot containing an on site detention system to require maintenance of the system in accordance with Council's standard terms.

Any drainage pit within a road reserve, a Council easement, or that may be placed under Councils’ control in the future, shall be constructed of caste in situ concrete. Details are to be submitted with the Construction Certificate application.

70. On-Site Stormwater Detention Stormwater runoff from all impervious areas

shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with Ryde City Council’s Stormwater Management Development Control Plan “DCP 41”. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from a 20 year average recurrence interval storm event. Overland flow paths are to be provided to convey runoff when the capacity of the piped drainage system is exceeded up to the 100 year average recurrence interval and direct this to the on-site detention system. Runoff which enters the site from upstream properties should not be redirected in a manner which adversely affects adjoining properties.

The on-site detention system shall be designed to ensure peak flowrates at any point within the downstream drainage system do not increase as a result of the development during storms from the 5 year to the 100 year average recurrence interval of all durations. Outflow from the basin shall be piped to a point of discharge in accordance with Councils Stormwater Management Development Control Plan “DCP 41”. The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council.


ITEM 5 (Continued)

71. On site stormwater detention Tank. All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 metres in depth must be fitted with step irons.

72. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan

(ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary.

The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control

structures, (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable

slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around

disturbed areas (k) Procedures for maintenance of erosion and sediment controls (l) Details for any staging of works (m) Details and procedures for dust control.

Engineering Conditions to be complied with Prior to Commencement of Construction

73. Sediment and Erosion Control. The applicant shall install appropriate sediment control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

74. Compliance Certificate. A Compliance Certificate must be obtained

confirming that the constructed erosion and sediment control measures comply with the construction plan and Ryde City Council’s Development Control Plan for Construction Activities “DCP 42”.


ITEM 5 (Continued) Engineering Conditions to be complied with Prior to Occupation Certificate

75. Compliance Certificates – Engineering. Compliance Certificates must be obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA:

• Confirming that all vehicular footway and gutter (layback) crossings are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed driveway is constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed interallotment drainage system complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41"

• Confirming that the site drainage system including the on-site detention storage system servicing the development complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41"

• Confirming that the on-site detention system will function hydraulically in accordance with the approved design.

• Confirming that after completion of all construction work and landscaping, all areas adjacent the site, the site drainage system (including the on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris.

• Confirming that the connection of the site drainage system to the trunk drainage system complies with Section 4.7 of AS 3500.3 - 1990 (National Plumbing and Drainage Code).


76. Vehicle Footpath Crossings. Concrete footpath crossings shall be

constructed at all locations where vehicles cross the footpath, to protect it from damage resulting from the vehicle traffic. The location, design and construction shall conform to the requirements of Council. Crossings are to be constructed in plain reinforced concrete and finished levels shall conform with property alignment levels issued by Council’s Engineering Services Division. Kerbs shall not be returned to the alignment line. Bridge and pipe crossings will not be permitted.

77. Disused Gutter Crossing. All disused gutter and footpath crossings shall be

removed and the kerb and footpath reinstated to the satisfaction of Council.


ITEM 5 (Continued)

78. Work-as-Executed Plan. A Work-as-Executed plan signed by a Registered Surveyor clearly showing the surveyor’s name and the date, the stormwater drainage, including the on-site stormwater detention system if one has been constructed and finished ground levels is to be submitted to the Principal Certifying Authority (PCA) and to Ryde City Council if Council is not the nominated PCA. If there are proposed interallotment drainage easements on the subject property, a Certificate from a Registered Surveyor is to be submitted to the PCA certifying that the subject drainage line/s and pits servicing those lines lie wholly within the proposed easements.

79. On-Site Stormwater Detention System - Marker Plate. Each on-site

detention system basin shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s Stormwater Management DCP. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed City of Ryde OSD certification form.


of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for Maintenance of Stormwater Detention Systems" and to the satisfaction of Council.

81. Drainage Construction. The stormwater drainage on the site is to be

constructed in accordance with the Stormwater Drainage Plans Drawing No: D384504/H (Rev.D) Sheets 1,2,3,4,5 & 6 of 6, dated 2 August 2005, prepared by Delta Design and Constructions Pty Ltd.

82. On-site Stormwater Detention Certification. The submission of certification

by a suitably qualified Civil Engineer for the on-site stormwater detention system, attesting the storage volume, discharge rate and satisfactory operation of the system prior to the release of the Subdivision Certificate.

83. Height of Floor Levels above Flood Level. Habitable floor levels shall be a

minimum of 300 mm above the calculated top water level. Garage floor levels shall be a minimum of 150 mm above the calculated top water level. A hydrological and hydraulic assessment shall be undertaken by a suitably experienced civil engineer to accurately determine the top water level. The Relative Levels are to be shown on the building plans and the necessary calculations are to be submitted to and approved by Ryde City Council.


ITEM 5 (Continued)

84. Maintenance Period A maintenance period of six (6) months shall apply to work completed in relation to this application outside of the subject site, after it has been completed and the Strata Subdivision Certificate issued. IN this period the applicant shall be liable for any part of the work which fails to perform in the manner outlined in Council’s Standard specification, or as would be reasonably expected under the design conditions. A Security Deposit/Bank Guarantee for $10,000 is to lodged with Council prior to the issue of the Strata Subdivision Certificate to ensure rectification of any defects during the maintenance period.

Conditions to be complied with Prior to Subdivision Certificate

85. 88B Instrument. The submission of an instrument under Section 88B of the Conveyancing Act 1919 plus 2 copies, creating any Easements Positive Covenants and restrictions on use, the Ryde City being the authority empowered to release vary or modify the same.

86. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus

5 copies suitable for endorsement by the General Manager pursuant to Section 109C of the Act.

Conditions relating to Energy Efficiency

87. For the purpose of water conservation the following shall be carried out in

accordance with the manufacturers specifications:

(a) Shower heads and taps are to be fitted with reduced water flow devices; and

(b) Shower heads, toilets and aerators on bathrooms and kitchen hand basins and sinks shall be at least AAA rated water efficient.

88. A hot water system with a minimum 3.5 star Greenhouse score is to be

provided for each dwelling. Hot water pipes should be appropriately insulated. 89. R.3.0 or equivalent insulation is to be installed to ceilings under the roof area.

R1.5 or equivalent insulation is to be installed in walls (cavity walls excepted). 90. For the purpose of child safety and energy conservation all new or

replacement hot water systems shall include a mixing device/valve that will deliver hot water to a maximum 500 C at the outlet of all taps, shower roses and the like in bathrooms, en-suites and similar areas used for personal hygiene.


ITEM 5 (Continued) Security Lighting

91. Where security lighting is provided within the development, it should not illuminate observers or vantage points. Light should be projected outwards towards pathways and gates, not towards windows and doors. Passing motorists, police and pedestrians will be the likely observers. Any lighting must be installed in such a way that it does not affect the amenity of adjoining neighbours.

Waste Management Conditions

92. The provisions of the approved Waste Management Plan are to be adhered to at all times.

93. Each villa is to be provided with a storage area for Council’s standard rubbish

and recycling bins. The location of this storage area should be behind the dwelling and not visible from a public place, common areas within the development or habitable room windows.

94. All building waste containers or skips are to be located on private property at

all times, wherever practical. The placement of such containers on the public footpath will only be permitted in exceptional circumstances where it is not possible to locate containers on private property.

Accessible Path of Travel

95. An accessible path of travel shall be provided from the street, to and through, the front door of at least one villa. Documentary evidence that confirms compliance with this requirement is to be submitted to the Principal Certifying Authority (PCA) prior to the release of the Construction Certificate. Certification of compliance is to be provided to the Principal Certifying Authority (PCA) prior to the release of the Occupation Certificate.


1) All building work (other than work relating to the temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made).

2) This clause does not apply to the extent to which an exemption is in force

under clause 187 or 188, in the Environmental Planning and Assessment Regulations 2000,subject to any terms of any condition or requirement referred to in Clause 187(6) or 188(4).


ITEM 5 (Continued) 2. Residential Building Work

1) Building work that involves 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:

a) in the case of work to be done under the Act:

i) has been informed in writing of the licensee’s name and contractor licence number, and

ii) is satisfied that the licensee had complied with the requirements of Part 6 of the Act; or

b) in the case of work to be done by any other person: i) has been informed in writing of the persons name and owner-

builder permit number; or ii) has been given a declaration, signed by the owner of the land,

that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of “owner builder work” in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

2) A certificate purporting to be used by an approved insurer under Part 6

of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purpose of this clause, sufficient evidence that the person has complied with the requirements of that Part.


i) All excavations and backfill associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

ii) All excavations associated with the erection or demolition of a building

must be properly guarded and protected to prevent them from being dangerous to life or property.


ITEM 5 (Continued) 4. Retaining walls and drainage

If the soil conditions require it:

i) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and

ii) adequate provision must be made for drainage

5. Support for neighbouring buildings


1) 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, 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 7 days before excavating below the levels 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 of the excavation to the owner of the building being erected or demolished.

2) 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 an adjoining allotment of land.

In this clause, “allotment of land” includes a public road and any other public place.

6. Protection of Public Places

1) If the work involved in the erection or demolition of a building:

a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

b) building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

2) 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.


ITEM 5 (Continued)

3) The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

4) Any such hoarding, fence or awning is to be removed when the work has

been completed. 7. Prior to commencing any construction works, the following provisions of

the Environmental Planning and Assessment Act, 1979 are to be complied with:

i) A Construction Certificate is to be obtained in accordance with Section

81A (2)(a) of the Environmental Planning and Assessment Act 1979.

ii) A Principal Certifying Authority is to be appointed and Council is to be notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Environmental Planning and Assessment Regulation 2000.

iii) Council is to be notified at least two (2) days of the intention to commence

building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Environmental Planning and Assessment Regulation 2000.

8. The applicant may apply to the Council or an accredited certifier for the issuing

of a Construction Certificate and to be Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Services).

9. The applicant is advised that the Construction Certificate plans and

specifications must comply with the provisions of the Building Code of Australia and details of compliance with the Building Code of Australia are to be provided in the Construction Certificate plans and specifications.

10. City of Ryde will not accept the Construction Certificate without evidence of

Home Owners Warranty / Owner Builder’s Permit being submitted to Council. 11. Energy Australia: Underground and overhead electric cables may exist in this

area. In your own interest and for safety, telephone Energy Australia on 13 1525 before excavating or erecting structures.

12. Telephone Installations: Conduits with draw in wires should be laid in concrete

floors to the points where telephone services are required. Consult the local Telecommunications Sales Office for advice.


ITEM 5 (Continued) 13. Australia Post: Approval for the site and size of proposed household mail

boxes must be obtained from Australia Post.

(b) That the persons who made submissions be advised of the decision. Liz Coad Andy Nixey Manager Assessment Senior Town Planner Environment & Planning Environment & Planning


ITEM 5 (Continued)

Indicates submission received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


84A

16

12

18

70

72

74

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56


Date: 12/09/2005

Site


ITEM 5 (Continued)


ITEM 5 (Continued)


ITEM 6 34-36 AMIENS STREET, GLADESVILLE. LOT: 3 DP: 10340. Local Development Application for Subdivision - boundary adjustment. LDA 364/2005. Applicant: The Plan Shop.

INTERVIEW 5.25PM FILE NO. LDA05/364 Manager Assessment Reports 15 September 2005 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers a proposal for a boundary adjustment between two existing residential allotments in Amiens Street, Gladesville. At present there is a dwelling house on 36 Amiens Street, and 34 Amiens Street is a vacant lot. Both lots were created as a result of a 1920 subdivision and have a site area of 632sqm. The proposal seeks to increase the size of 36 Amiens Street to 674sqm and reduce the size of 34 Amiens Street to 595sqm. The size of both lots will comply with the subdivision standards in the Ryde Planning Scheme Ordinance. The boundary adjustment in itself does not create any adverse impacts, fully complying with Council’s subdivision standards. It should be noted that this application does not create any new lots. Two submissions have been received. The submissions have raised concern about the loss of carparking at 36 Amiens Street resulting from the boundary adjustment and the applicant’s intentions for the vacant lot; in particular the height of any new dwelling proposed. Although not directly connected with the boundary adjustment, a number of ancillary issues associated with this application have been identified. These issues include the loss of off-street parking for 36 Amiens Street, impact of future development on significant tree and method of draining a new dwelling on 34 Amiens Street. These issues are discussed in more detail within the body of the report. The boundary adjustment is recommended for approval subject to appropriate conditions of consent. Reason for Referral to Development Committee: Nature of development and submissions received. 2. Site (Refer to attached map.) Address : 34-36 Amiens Street, Gladesville


ITEM 6 (Continued) Site Area : 34 Amiens Street (Existing 632sqm & Proposed 595sqm) 36 Amiens Street (Existing 632sqm & Proposed 674sqm)

Frontage : 34 Amiens Street (Existing 16.25m & Proposed 15.24m) 36 Amiens Street (Existing 16.25m & Proposed 17.33m) Topography and Vegetation : The subject sites gently fall away from the street towards

the south and the Parramatta River. A large Cheese Tree (Glochidion ferdinandi) occupies the middle of Lot 3.

Existing Buildings : A 2-storey dwelling house stands on Lot 2 (36 Amiens

Street). Lot 3 (34 Amiens Street) is vacant except for an attached carport that encroaches over the lot boundary from Lot 2.

Planning Controls Zoning : Residential 2(a) Other : Ryde Planning Scheme Ordinance DCP 17A – Dwelling House and Duplex Buildings DCP 41 – Stormwater Drainage Subdivision Code (1993) 3. Proposal The proposal involves a boundary adjustment between lots 2 and 3 by shifting the boundary line between the two lots approximately 1 metre to the east. The proposed subdivision is shown on Plan 6629-SUB (00) prepared by ATS Land and Engineering Surveyors. The size of Lot 2 (indicated on the subdivision plan as Lot 101) will increase from 632sqm to 674sqm. The size of Lot 3 (indicated on the subdivision plan as Lot 100) will be reduced from 632sqm to 595sqm. No new lots are to be created as a result of this subdivision. 4. Background The DA was lodged on 31 May 2005. A letter was sent to the applicant seeking clarification of certain aspects relating to the application on 3 June 2005. The applicant responded to those issues on 15 June 2005.


ITEM 6 (Continued) Notification and advertising of the application occurred between 24 June 2005 and 14 July 2005. The applicant was requested to respond to issues raised within submissions received and internal referrals on 15 August 2005. A written response was received from the applicant on 29 August 2005. 5. Management Plan Linkages N/A 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community. Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. The assessment of this development application meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the

environment. • Sustainable practices in buildings, waste management, transport, energy

systems and water use through community commitment. • Energy and water consumption is minimised. • Landfill waste generation is minimised and the rate of recycling is increased. • Use of non-renewable resources is minimised. Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City. The assessment of this development application meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008):



understanding of council’s decisions by the community. • Compliance with all legislative requirements and statutory obligations. • An efficient and effective regulatory environment. People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. 7. Consultation – Internal and External Internal Referrals Development Engineer: 19 July 2005: The Development Engineer has advised that there are no objections to the boundary adjustment raised from an engineering point of view. However, it should be noted that the current arrangements where Lot 3 is vacant provides Lot 2 with area for carparking and dispersal of stormwater. Lot 2 currently does not have any off-street parking and limited space for providing any parking on-site. DCP 17A currently requires dwelling houses to provide 2 spaces. Any future development on Lot 3 would leave the residents of Lot 2 without off-street carparking. As both sites fall away from the street towards the rear boundary and no easement exists to convey runoff to the Council drainage network, stormwater from the existing house is currently dispersed within the site of Lot 3. These arrangements are currently satisfactory as there is adequate un-built upon area for the runoff to be dispersed and absorbed. Any future development on Lot 3 would prevent the dispersal of runoff from the existing house and would also need to resolve how the runoff from the development would be managed. Council’s Engineers have requested that the applicant be requested to provide details on how both of these issues would be resolved.


ITEM 6 (Continued) Landscape Architect: 16 August 2005: Council’s Landscape Architect has inspected that site from the street and advised that a large tree occupies the vacant lot (Lot 3). The subject tree would be a Cheese Tree (Glochidion ferdinandi). This tree is in reasonable condition, however could not be considered to be in the same class of significance as the Ashburn Place specimen. Council’s aerial photo suggests that this tree was one of two large trees growing on the block but it would appear that the specimen closer to the street has been removed (although there are no Council records of its removal). The removal of the tree has opened up the canopy of the remaining Cheese Tree, therefore its form appears slightly compromised. At this stage I cannot give a firm answer that the tree could be removed, however its removal would be given due consideration as part of any development application, and I would expect appropriate arboricultural justification to accompany the application. External Referrals Nil required in this instance. 8. Submissions: The proposal was advertised and notified in accordance with Council's Development Control Plan for Notification. The application was advertised on 29 June 2005. Notification of the proposal was from 24 June until 14 July 2005. Two submissions were received. The issues raised in the submissions were; 1. Concern is raised in regard to the potential loss of off-street carparking at No.

36 Amiens Street should the vacant lot be developed for a new residence.

Comment: This issue is considered in more detail below, however as this application is only for a boundary subdivision, there is little Council can do about the loss of the parking spaces. The current owner would be entitled to sell Lot 3 (the vacant lot) in its current form and Lot 2 (the dwelling at No. 36 Amiens Street) would be without off-street parking. This application does not create any new lots, both lots been in existence since 1920. It is unfortunate that when Lot 2 (No. 36 Amiens Street) was approved and built the car parking for that lot was sited on the adjoining lot (Lot 3) and that both lots were not consolidated as a condition of the consent.


ITEM 6 (Continued) 2. Concern is raised in regard to the height of any new dwelling proposed to be

erected on the vacant lot.

Comment: Although this application does not involve the construction of a new dwelling on the vacant lot, at some stage in the future there may be such a proposal before Council by the current or a future owner. At that time, an assessment would be made of the height, bulk and scale of that proposal in terms of the height controls that apply under DCP 17A.

9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: Ryde Planning Scheme Ordinance Zoning The subject site is zoned Residential 2(a) under the provisions of the Ryde Planning Scheme Ordinance. The use of the land is for residential purposes and is consistent with the land uses permitted in this zone.

Mandatory Requirements Clause 41A – Subdivision of Land Generally This clause of the Ordinance prevents the subdivision of land without the consent of Council. This application seeks such consent. Clause 41B – Subdivision of Residential Land This clause of the Ordinance applies to land zoned residential 2(a) and prevents Council giving consent to the subdivision of land that does not comply with the following standards:

• Allotment Size: 580sqm • Frontage: 10m • Width (measured 7.5m from alignment of public road): 15m.

Both proposed allotments comply with each of these subdivision standards. Development Control Plan No. 17A – Dwelling Houses and Duplex Buildings Development Control Plan No. 17A (“DCP 17A”), incorporating Amendment 1, became effective on 2 March 2005. This DCP applies to the proposed development.


ITEM 6 (Continued) The relevant standards of DCP 17A applying to the proposed development are: FSR A FSR of 0.5:1 applies to the existing dwelling house on Lot 2 (No. 36 Amiens Street). Taking into consideration the fact that size of this allotment is being increased from 632sqm to 674sqm, a FSR less than 0.5:1 will be maintained. Side Boundary Setbacks The proposal will increase the already existing Eastern side setback to Lot 2 (No. 36 Amiens Street) by 1 metre. The setback will increase from 0.5m to 1.5m, hence complying with the requirements of DCP 17A. Car Parking A dwelling house requires a minimum of 2 off-street parking spaces. The current situation involves a carport and off-street parking being provided on Lot 3 (the vacant lot). There is no capacity of providing off-street parking for 2 vehicles entirely upon Lot 2 (No. 36 Amiens Street), even under the current lot configuration. It may be possible to provide 2 spaces forward of the front building line on Lot 2 (No. 36 Amiens Street) within the existing landscaped area. No details that demonstrate this could be achieved have been submitted with the development application. Development Control Plan No. 41 – Stormwater Management Development Control Plan No. 41 (“DCP 41”), incorporating Amendment 1, became effective on 2 March 2005. The provisions of this DCP apply to the proposed development. The current dwelling house built on Lot 2 (No. 36 Amiens Street) is a large house with considerable paved surfaces and a swimming pool in the rear yard. As the site slopes towards the rear boundary, it cannot dispose of runoff to the street and as there is no drainage easement across the adjoining property to the rear, stormwater from the site must be managed on site. The existing arrangements involve the dispersal and absorption of stormwater onto the adjoining vacant allotment. Any future development of Lot 3 (the vacant allotment) will impact on the existing drainage arrangements for Lot 2 (No. 36 Amiens Street). No alternative method of draining the existing dwelling house or any future dwelling on Lot 3 (No. 34 Amiens Street) has been provided for Council’s consideration. Although the current boundary adjustment application does not impact upon the existing drainage arrangements, the applicant’s attention should be drawn to this issue as it will become an issue when considering any future proposals for the vacant allotment.


ITEM 6 (Continued) Subdivision Code (1993) Council adopted a Subdivision Code in 1986. The code was amended in 1993 and the requirements contained within Council’s Subdivision Code (effective 25 November 1993) have been applied to the proposed subdivision. The subdivision controls contained in the Subdivision Code are consistent with Clause 41B of the Ordinance. Full compliance with these standards is proposed. 10. Likely impacts of the Development Built Environment There are no adverse impacts resulting from the proposed boundary adjustment. This assessment has found the subdivision acceptable from a planning point of view as no new lots are to be created and the 2 lots resulting from the adjusted boundary meet Council’s minimum subdivision standards. There may be adverse impacts resulting from the future development of the vacant lot, such as loss of access to parking spaces, removal of significant native tree and uncertainty concerning disposal of stormwater runoff. These issues are not directly related to the boundary adjustment, however they are questions that the Council is entitled to seek answers to before it considers the current application. Natural Environment As the proposed subdivision only involves a slight change to the boundary between two existing allotments, no adverse impacts to the natural environment have been identified. 11. Suitability of the site for the development There are no constraints (overland flow, subsidence, tidal inundation or bushfire) affecting this site that would make it unsuitable for the proposed subdivision. 12. The Public Interest The type of matters that should be considered under the heading of the public interest are identified in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. This includes matters such as regional strategies, non-statutory policy documents and the like. There are no relevant matters for consideration under this heading that have not been considered elsewhere in this report. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact.


ITEM 6 (Continued) 14. CONCLUSION: The proposed subdivision to adjust the boundary between Lots 2 and 3 has been assessed against the relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979. The assessment has found the proposal to be satisfactory. Accordingly, the development application is recommended for approval, subject to appropriate conditions of approval. RECOMMENDATION: (a) That Local Development Application No. 364/2005 for a boundary adjustment at

Nos. 34-36 Amiens Street, Gladesville (being Lots: 2 and 3 DP: 10340) be APPROVED subject to the following conditions;

1. The subdivision is to be carried out in accordance with the Plans No. 6629-SUB

(Rev 00), Drawing 3401-1 and supporting information submitted to Council, including the DA Application form and Statement of Environmental Effects.

2. All building works are required to be carried out in accordance with the provisions

of the Building Code of Australia. 3. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus 5

copies suitable for endorsement by the General Manager pursuant to Section 109 of the Environmental Planning and Assessment Act 1979.

4. Removal of Encroachments The applicant shall remove any obstructions or

existing structures encroaching the boundaries of the new lot 100. 5. In relation to demolition, all work is to be carried out in accordance with the

requirements of AS2601.1991 (The Demolition of Structures). 6. All demolition and all construction and associated work is to be restricted to


7. Adequate precautions must be taken to control the emission of dust from the site

during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.


sheeting (i.e. fibro) must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales.


ITEM 6 (Continued) 9. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), must be

disposed of at a landfill facility licensed by the New South Wales Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.

10. Adequate arrangements must be made for the storage and disposal of demolition

and building waste generated on the premises. In this regard the demolishers and builders are encouraged to maximize the re-use and recycling of materials (e.g. Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separating these materials from other wastes.

11. Sydney Water. The approved plans must be submitted to a Sydney Water Quick

Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the website www.sydneywater.com.au, see Your Business then see Building & Developing then Building & Renovating or telephone 13 20 92.

12. Trees that are to remain on site are to be protected against damage during

demolition works and construction works. All mature trees to remain shall be clearly marked and a fence erected around their drip line. In this regard, the Cheese Tree on 34 Amiens Street is to be retained and protected at all times.

Advisory Conditions 1. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Act, 1979 are to be complied with:

(b) A Subdivision Certificate is to be obtained in accordance with Section 81A (2)(a) of the Act.

(c) A Principal Certifying Authority is to be appointed and Council is to be


(d) Council is to be notified at least two (2) days prior to the intention to

commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

2. The applicant may apply to the Council or an accredited certifier for the issuing of

a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s. Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

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


ITEM 6 (Continued) (b) That the persons who made submissions be advised of the decision. Liz Coad Troy Loveday Manager Assessment Executive Planner Environment & Planning Environment & Planning


ITEM 6 (Continued)

Indicates submissions received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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Sites (34 & 36)


ITEM 6 (Continued)


ITEM 7 31 MALVINA STREET, RYDE. LOT: 2 DP: 542589. Application under Section 96 of the Environmental Planning and Assessment Act 1979 for a 2 Lot Subdivision. Proposed Deletion of Conditions to Enable the Removal of a Eucalyptus pilularis (Blackbutt) tree. LDA 121/2004. Applicant: Harrison Friedmann & Assoc Pty Ltd.

INTERVIEW 5.30PM FILE NO. LDA04/121 Manager Assessment Reports 7 September 2005 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers a proposal to modify the development consent under the provisions of Section 96 of the Environmental Planning and Assessment Act 1979. The proposed modification involves the deletion of all of the conditions in the consent relating to the retention of a blackbutt tree (Eucalyptus pilularis) – known as tree T6 in the applicant’s arborist report. No other aspect of the subdivision is proposed to be amended in this Section 96 application. The applicant has applied for removal of this tree on the basis that their hazard assessment report (dated April 2005) concludes that “… the tree should be removed…”, and that “… the subject tree due to its size, location and hazard potential should be removed and replaced with the same species within the north-east section of the lot…” (within the riparian zone). Two objections were received. The issues raised in the objections are considered to be valid. A major factor in the assessment of this Section 96 application is the Land and Environment Court’s consideration of a similar proposal at 6 Stratford Ave, Denistone. In this case, the Court found that significant trees can be retained within Inner Protection Areas (that is, this in itself is not sufficient justification for removal of the tree). Therefore, the issue becomes whether or not the health, hazard potential, etc of the tree is such that removal is warranted. Council’s Landscape Architect has considered this issue does not support the reasons for the proposed tree removal, because the tree is in no imminent danger and can continue for a long time in a post-development context with regular monitoring and maintenance. The Landscape Architect notes that the tree is an important contributor to an area of environmental sensitivity. It is recommended that the Section 96 application be refused.


ITEM 7 (Continued) Reason for Referral to Development Committee: DA for the subdivision was originally approved by the Development Committee, submissions, and nature of the proposal. 2. Site (Refer to attached map.) Address : 31 Malvina Street, Ryde Site Area : 1739m2

Frontage: 3.05m (access handle frontage to Malvina St) Depth: 47.2m (western boundary), 32.92m (eastern

boundary) Topography and Vegetation : The site slopes down to Buffalo Creek to the north with a

gradient of up to 1 in 4 (25%) and originally contained 25 trees including Eucalyptus species, turpentines, liquidambars, camphor laurels and pine trees. Many of these have been recently removed as part of the subdivision works on the property.

Existing Buildings : Dwelling & outbuilding recently removed. Planning Controls Zoning : Residential 'A' Other : Ryde Planning Scheme – Mandatory Provisions 3. Proposal The proposal is a Section 96 application to modify the consent issued for a 2 lot subdivision of the subject property. The modification involves deletion of the conditions requiring the retention of a blackbutt tree (Eucalyptus pilularis) – known as tree “T6” in the applicant’s arborist report. These conditions are condition 4 (which specified that this tree shall be retained, and which required tree protection measures to be implemented to avoid damage to the tree during construction), condition 5 (which required a hazard assessment of this tree to be submitted with any future DA for a dwelling on the allotment containing this tree), condition 7 (which required a positive covenant requiring maintenance of the tree), and condition 8(b) (which prescribed a minimum 5m setback from the wall of any future dwelling to the tree). No other aspect of the subdivision (eg allotment sizes, access arrangements, Engineering requirements) is proposed to be amended in this Section 96 application.


ITEM 7 (Continued) 4. Background/Critical Dates The DA was approved at the Development Committee meeting of 1 February 2005. The previous report to the Development Committee is CIRCULATED UNDER SEPARATE COVER. On 9 February 2005, the applicant lodged a Tree Management Application for the removal of all 12 trees on the property (outside of the riparian zone 10m from the bank of Buffalo Creek). This application was considered by Council’s Urban Landscapes Section. On 10 March 2005, the Tree Management Application was determined by approving all of the trees except for tree T6. Permission to remove this tree was denied because it was subject to specific DA conditions requiring its retention, and because insufficient reason was provided in the application for its removal. On 2 May 2005, the applicant lodged a further request for removal of this tree. This request was accompanied by an Arborist’s Hazard Appraisal, which recommended that “… the tree should be removed…”, and that “… the subject tree due to its size, location and hazard potential should be removed and replaced with the same species within the north-east section of the lot…” (within the riparian zone). Shortly after, the applicant was advised to lodge a Section 96 application, because this tree was subject to development consent conditions under LDA04/121. On 2 June 2005, the applicant lodged the subject Section 96 application. This application was referred to Council’s Urban Landscapes Section and the Landscape Architect, advertised and notified to adjoining owners (closing date for submissions was 18 July 2005), and referred to the NSW Rural Fire Service and the then Department of Infrastructure, Planning and Natural Resources (DIPNR). These processes are discussed in Section 7 (Consultation) and Section 8 (Notification) of this report. REPORT 5. Management Plan Linkages None. 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City which contribute to the lifestyle of the community. This matter has no direct relationship to this key outcome area.


ITEM 7 (Continued) Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. This proposal generally does not meet the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the

environment. • Sustainable practices in buildings, waste management, transport, energy

systems and water use through community commitment. • Preserved natural areas which are enhanced and maintained. • A leafy City through parks, gardens, trees and the built environment. Comment on the Above Key Outcomes: The proposal generally does not meet the above key outcomes of the Management Plan. As discussed at length in Section 7 (Landscape Architect comments) below, Tree T6 is an important contributor to an area of environmental sensitivity, is in no immediate danger of failure, and can continue for a long time in a post-development context with regular monitoring and maintenance. Removal of this tree is not supported. Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City. The assessment of this DA meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. • Compliance with all legislative requirements and statutory obligations. Comment on the Above Key Outcomes: The application was advertised/notified to residents of the City of Ryde in compliance with DCP 15 B – Notification of Development Applications. The application was assessed under Section 79C of the Environmental Planning and Assessment Act 1979, the Ryde Planning Scheme Ordinance 1979, relevant State Planning Polices and Council Development Control Plans and Policies. These processes are discussed elsewhere in this report. People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services.


ITEM 7 (Continued) The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • The dignity, aspirations, and rights of residents are responded to. Comment on the Above Key Outcomes: As required to by Section 79C of the Environmental Planning and Assessment Act 1979 and Council’s Code of Conduct, this was considered. The application was advertised/notified to residents of the City of Ryde in compliance with DCP 15 B – Notification of Development Applications. 7. Consultation – Internal and External Internal Referrals Landscape Architect: Council’s Landscape Architect has provided the following comments on 6 September 2005.

There appear to be two issues associated with this application: 1) deals with potential conflicts between bushfire safety and tree retention; and, 2) the safety and condition of the tree in relation to proposed dwellings. 4. Bushfire Planning Considerations (In terms of the NSW Rural Fire Service’s Planning for Bushfire Protection) An asset protection zone (APS) consists of an Outer Protection Area (OPA) and an Inner Protection Area (IPA). The APS is a buffer that allows “the progressive reduction of bushfire fuels” (p15). It is worth considering the recent Land & Environment Court hearing 11037 of 2004 (Ryde Council v Colin Tyson), which addressed the very issue of trees within an Inner Protection Zone. Commissioner Murrell agreed with the bushfire expert who concluded that trees are acceptable within the IPA and that, “…the answer lay in the construction requirements for the villas and in proper management of the land.” It is worth considering the criteria for fuel loadings within the Inner Protection Area as set out in NSW Rural Fire Service’s Planning for Bushfire Protection which states (p16):

iv) Fuel loadings The presence of a few shrubs or trees in the Inner Protection Area is acceptable provided that they:

• Do not touch or overhang the building; • Are well spread out and do not form a continuous

canopy; • Are not a species that retain dead material or deposit

excessive quantities of ground fuel in a short period or in a danger period; and,


ITEM 7 (Continued)

• Are located far enough away from the house so that they will not ignite the house by direct flame contact of radiant heat emission.

I would suggest that the subject tree satisfies all of the above criteria, and that retention of the tree comes down to the careful siting of the building platform and design and construction of the house. Council’s Tree Management Coordinator in his memo is of the opinion that there is a conflict between bushfire planning and Council’s DA requirements for tree retention, however I do not believe it is an “either or” situation, and as Commissioner Murrell has stated, a “balanced” approach is required. 5. Tree Hazard Analysis An additional assessment of tree hazard was prepared by arborist Peter Castor of Tree Wise Men, who also prepared the tree report for the subdivision application. Mr Castor advises that there is very little hazard associated with the termite cavity at the base of the tree, however he believes the tree should be remove on the basis of “included bark”. It should be noted that Mr Castor has not noted any serious change in the condition of the tree, simply that the new use allowed by the subdivision now makes the trees hazardous. One wonders why this was not raised at the time of the original subdivision application, as surely Mr Castor had been aware of the proposed new use, which is an obvious consequence of subdivision approval, and he stated as much in his original arboricultural report:

The purpose of the report is to provide a description of the subject site trees in terms of their condition and significance to the landscape character of site (sic) to guide future site development.

The tree is in no imminent danger of failure and I believe the issue of “included bark” has been overstated. Mr Castor originally stated the tree had a useful life of at least 40 years, and I agree that the tree can continue for a long time in a post development context with regular monitoring and maintenance.

(f) Tree Protection Measures I inspected the site today as part of my report for the Section 96 Application. What I found was a breach of DA conditions in relation to the protection measures of the tree. Condition 4 of 121/2004:

This tree shall be suitably protected from all works associated with the subdivision and future dwelling.

In addition the arborist’s report submitted with the application which formed Annexure B of the Statement of Environmental Effects clearly set out tree protection measures that were to be implemented.


ITEM 7 (Continued)

Recommend that the matter be referred to Enforcement for follow up breach of DA conditions in relation to tree protection. This is a stage when potentially long term or even terminal damage can occur to trees in construction zones and it is important that the measures are implemented immediately, including the restoration of natural ground levels where fill has been pushed onto the rootzone of the tree. Conclusion The tree is an important contributor to an area of environmental sensitivity. The issue of “included bark” is not of a magnitude to make the tree hazardous in the short term, and its condition can easily be monitored in the future, however the tree will continue to contribute the urban bushland environment for many decades to come, with proper design and construction management.

Urban Landscapes Services: Advises that it seems the conditions of the development application conflict (ie the requirement in condition 13 for the entire property to be Inner Protection Area under the document Planning for Bushfire Protection 2001 – would normally require all vegetation to be removed; and the requirements in conditions 4, 5, 7, and 8(b) require the tree to be retained. Urban Landscapes considers that the requirements for the Inner Protection Area should over-ride the requirements to retain the tree. See comments by the Landscape Architect above, which includes details of the Land and Environment Court’s consideration of these issues. External Referrals NSW Rural Fire Service: Advises in a letter dated 29 July 2005 that “the NSW Rural Fire Service raises no concerns or special consideration in relation to bush fire matters for the proposed development”. Department of Natural Resources (a department of the former Department of Infrastructure, Planning and Natural Resources – DIPNR): Advises in an email dated 20 June 2005 that they “have no objection to the proposed amendment and have no additional conditions for the DA.” 8. Submissions: The proposal was advertised and notified in accordance with the Development Control Plan for Notification. The application was advertised on 15 June 2005. Notification of the proposal was from 9 June 2005 until 18 July 2005. Two (2) submissions were received. The issues raised in the submissions were:


ITEM 7 (Continued) We are concerned that the developer would leave it to this stage to seek an amendment to the consent to remove such a dominant tree. Any such requirement must have been obvious at the initial submission of the DA Comment: These issues have also been noted in the Landscape Architect’s comments on the proposed tree removal. The Landscape Architect does not support the applicant’s arborist’s assessment that the new use allowed by the subdivision (ie erection of a dwelling) now makes the tree hazardous. The Landscape Architect notes that the tree is an important contributor to an area of environmental sensitivity. Many other trees have already been removed, and removal of this existing tree would leave the block extremely bare. Comment: Agreed. This tree was the largest on the site, and the reason why it was required to be retained was to ensure the preservation of at least the most significant of the trees on the site, as part of the subdivision. The developers are not complying with the consent conditions requiring the tree to be suitably protected during all works. It is recommended that Council take immediate action to ensure compliance. Comment: This issue has also been noted previously in this report (Landscape Architect’s comments). See also Recommendation (b) below. 9. Policy Implications Environmental Planning and Assessment Act, 1979. Section 96 – Modification of Consents In accordance with Section 96(2), Council may consider a modification of development consent provided: • The proposed development is substantially the same as the approved. • The application for modification has been notified in accordance with the

regulations; and • Council has considered any submissions regarding the proposed modification In this regard, it is considered that the Section 96 Modification to modify the approval for the 2 lot subdivision is substantially the same development as that approved by Council and the proposal satisfies the requirements of the above provisions. Council may consider the proposed modification in terms of Section 96. Section 96(3) requires Council to consider relevant matters referred to in Section 79C(1) in assessing and application for modification of development consent. This assessment is carried out below.


ITEM 7 (Continued) Relevant Provisions of Environmental Planning Instruments etc: Ryde Planning Scheme Ordinance Zoning Residential 'A'. The proposal has no implications in terms of permissibility within the zoning of the property.

Mandatory Requirements These were considered in the previous report to Council. The proposed tree removal raises no additional issues in terms of the Mandatory Requirements of the RPSO. 10. The likely impacts of that development, including environmental impacts

on both the natural and built environments, and social and economic impacts in the locality

As discussed previously in this report, removal of the tree is not supported. As indicated in the comments of Council’s Landscape Architect, the tree is in no imminent danger and can continue for a long time in a post-development context with regular monitoring and maintenance. The Landscape Architect notes that the tree is an important contributor to an area of environmental sensitivity. 11. Suitability of the site for the development This issue has been considered in the previous Development Committee report. Nothing in the current proposal raises any further issue in terms of suitability of the site for the development. 12. The Public Interest The tree is an important contributor to an area of environmental sensitivity. It is considered that removal of this tree would not be in the public interest. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. Other Options None relevant.


ITEM 7 (Continued) 14. CONCLUSION: The proposed modification has been considered in terms of the relevant requirements under Sections 96 and 79C of the Environmental Planning and Assessment Act 1979 and is considered unsatisfactory. The tree is in no imminent danger and can continue for a long time in a post-development context with regular monitoring and maintenance. The tree is an important contributor to an area of environmental sensitivity. It is recommended that this Section 96 application to remove the tree be refused. It is noted that the tree protection measures for this tree, required under condition 4 of the consent, have not been implemented. Therefore, it is also recommended that this development be referred to the Manager Environmental Health and Building for appropriate enforcement of this condition, including reinstatement of ground levels where fill material has been pushed into the rootzone of the tree. RECOMMENDATION: (a) That the Section 96 application for Local Development Application No. 121/2004

at 31 Malvina Street, Ryde being LOT: 2 DP: 542589 be refused for the following reasons:

1. The tree is in no imminent danger and can continue for a long time in a

post-development context with regular monitoring and maintenance. The tree is an important contributor to an area of environmental sensitivity.

2. Approval of the application would not be in the public interest.

(b) That the development be referred to Council’s Manager Environmental Health

and Building to ensure the enforcement of condition 4 of the development consent (which required tree protection measures to be installed and maintained during all works associated with the subdivision and future dwellings – as per the Arborist’s report submitted as Annexure ‘B’ of the Statement of Environmental Effects submitted with the development application), including reinstatement of ground levels where fill material has been pushed into the rootzone of the tree.

(c) That the persons who made submissions be advised of the decision. Troy Loveday Chris Young A/Manager Assessment Team Leader - Assessment Environment & Planning Environment & Planning


ITEM 7 (Continued)


COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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Date: 12/09/2005

Site


ITEM 7 (Continued)


ITEM 8 11 DELMAR PARADE, GLADESVILLE. LOT: 32 DP: 16334. Local Development Application for Additions & alterations to dwelling, new pool, double garage. LDA 701/2004. Applicant: N Lycenko.

INTERVIEW 5.40PM FILE NO. LDA04/701 Manager Assessment Reports 10 August 2005 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Infrastructure, Planning and Natural Resources' Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers a proposal for alterations and additions to a dwelling house. The application has previously been considered by Council, where the application was recommended for refusal as the applicant had not be able to provide adequate information to demonstrate that the proposed dwelling was able to withstand the proposed works. Council resolved to defer consideration of the application to enable further structural engineering drawings. After several more attempts to provide the appropriate information, the applicant has submitted detailed drawings that demonstrate that the house can be retained. This matter was deferred from the last Development Committee meeting at the request of the objectors. The development raises an issue in respect of the foreshore building line. Part of the dwelling is currently located within the foreshore building line. Work is proposed to this part of the dwelling however, the development will not result in further breaches to the foreshore building line. Two submissions were received objecting to the development application. The application is recommended for approval. Reason for Referral to Development Committee: Requested by Councillor Tagg and nature of the development application. 2. Site (Refer to attached map.) Address : 11 Delmar Parade, Gladesville


ITEM 8 (Continued) Site Area : 619.7m2

Frontage 12.19 metres Depth 40.54 metres along the western elevation

and 45.72 metres along the eastern boundary. Topography and Vegetation : The site slopes from the street to Parramatta River and

contains no significant vegetation. Existing Buildings : 2 storey dwelling house. Planning Controls Zoning : Residential 'A' Other : State Environmental Planning Policy No 56 Regional Environmental Plan No 22 Ryde Planning Scheme Ordinance Dwelling House and Duplex Building Development

Control Plan No 17A Draft Sydney Harbour Catchment Regional Environmental Plan 3. Proposal Alterations & additions to dwelling as follows: Lower ground floor • Excavate beneath the dwelling house and incorporate a swimming pool, shower

room, laundry and large void area around the pool. The internal staircase will be extended to this level. External stairs will also be constructed along the western boundary.

Ground floor plan • Construct an extension to the north of the dwelling. This will contain a new

sunroom and entry. Part of the eastern elevation will be extended 1 metre towards the boundary in the location of the new bathroom and stairway. 71% of the external walls are to be retained.

• The internal walls of the dwelling are to be removed and the layout amended to replace bedrooms with living areas.

• The existing deck on the front elevation is to be retained. First floor plan • The dwelling will be extended towards the eastern and the northern boundary to

provide for new bedrooms and gallery area. The main bedroom will be enlarged by 700mm towards the south. 44% of the external walls are to be retained.

• The internal layout will be amended resulting in a total of 4 bedrooms and 2 bathrooms.

• A double garage and new driveway are proposed. • The existing terrace is to be retained with a new glazed roof erected over the

terrace.


ITEM 8 (Continued) 4. Background The development application was submitted as alterations and additions to the dwelling. As part of the proposed works it is intended to excavate beneath the dwelling to provide an inground swimming pool, shower room, laundry and void area around the pool. Concerns were raised by Council’s Officers that the dwelling might not be able to withstand the extent of excavation resulting in the dwelling having to be rebuilt. In these circumstances, the application would be for a new dwelling that would be required to comply with all of the applicable controls contained in the relevant planning instruments. The applicant was requested to demonstrate from a structural engineer that it was possible for the proposed works to be completed and the dwelling being retained. The applicant was given 4 occasions to provide this information. On all occasions there were outstanding issues. A report was subsequently considered by Council at its meeting held on 10 May 2005. A copy of the report is CIRCULATED UNDER SEPARATE COVER. This report recommended that the development application be refused for the following reasons: 1. The proposed development is likely to be detrimental to the structural adequacy of

the existing dwelling and inadequate structural details have been submitted to demonstrate how the dwelling will be retained.

2. The garage should be set back 1.5 metres to comply with the setback provisions

of the Dwelling House and Duplex Building Development Control Plan. Council resolved that consideration of this application be deferred to enable further structural engineering plans that were submitted on 6 May 2005 to be examined. In addition to the structural engineering plans that were submitted on 6 May 2005 an amended plan was also submitted for the first floor plan. This plan proposed changes to the walls to be retained. Two walls that were originally proposed to be retained are now proposed to be demolished and reconstructed in the same location. Their plans were re-notified as well as forwarded to the Council’s Structural Engineer. On 13 May 2005, Council’s Structural Engineer requested further information be provided from the applicant’s Structural Engineer. The further information was provided on 17 May 2005. This information failed to address all of the original issues and raised further issues. The Council’s Structural Engineer sent further correspondence on 19 May 2005. The additional information and further structural engineering drawings were submitted to Council on 10 June 2005.


ITEM 8 (Continued) 5. Management Plan Linkages N/A 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community. This matter has no direct relationship to this key outcome area. Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. The assessment of this development application meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the environment. • Sustainable practices in buildings, waste management, transport, energy systems

and water use through community commitment. • Preserved natural areas, which are enhanced and maintained. • Energy and water consumption is minimised. • Landfill waste generation is minimised and the rate of recycling is increased. • Use of non-renewable resources is minimised. • A leafy City through parks, gardens, trees and the built environment. • There are systems and processes in place that measure our impact on the

environment and take action when our environment is threatened. Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City. The assessment of this development application meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008):



understanding of council’s decisions by the community. • Compliance with all legislative requirements and statutory obligations. • An efficient and effective regulatory environment. People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • The arts, culture, economy, environment, housing, leisure and public health of our

community are positively and proactively influenced. • The dignity, aspirations, and rights of residents are responded to. 7. Consultation – Internal and External Internal Referrals Development Engineer: No objections subject to appropriate conditions of consent. Structural Engineer: The drawings now satisfy Council’s requirements that the applicant produce drawings that show how the portion of the relevant walls and floor can be retained. External Referrals NSW Maritime: A Part 3A Permit is not required, however appropriate conditions of consent would be required to be imposed on any development consent. 8. Submissions: The amended plans and structural drawings were notified in accordance with the Development Control Plan for Notification. Notification of the proposal was from 15 May 2005 until 21 May 2005. During this time, 2 submissions were received. The issues raised in the submissions included;


ITEM 8 (Continued) • The amended plans continue to skirt around the main issue that is, any building is

required to comply with the foreshore building line. In this instance the existing building fails to comply with the foreshore building line. The development proposes alterations to that part of the building that is located within the foreshore building line. If the dwelling house were to be completely demolished and then rebuilt, it would be necessary to comply with the foreshore building line. • The owner is attempting to build a new dwelling but keep the existing

advantageous non-compliant position where as other parties have had to comply with Council’s regulations.

As part of the redevelopment of the adjoining sites, the original dwelling houses were demolished. As new dwellings were to be erected, the buildings were required to comply with the foreshore building line. This is not the situation with the subject site. • Council probably never approved the existing dwelling. A search of Council’s records has revealed that Council approved the dwelling and part of the deck. The deck adjacent to Parramatta River was approved as part of Building Application No 1481/83. This deck was approved to the immediate south of the lounge room and family room. The deck that exists now has also been constructed to the west of the family room. This part of the deck was not approved by the Council however appears to have been constructed at the same time as the rest of the deck. Council has never taken action since 1983 in respect of the enlarged deck. • This development will set a precedent for other buildings to proceed within the

foreshore building line. The development is unlikely to set a precedent. Each application must be assessed on its individual circumstances. In this instance, the existing dwelling house is already located within the foreshore building line. • Concerned that the development is for a new dwelling. This is due to the

excavation below the dwelling that will remove all existing footings. The existing dwelling will become unstable and have to be rebuilt.

Information has been submitted to Council to demonstrate that the development is for alterations and additions rather than the erection of a new dwelling. If during construction the dwelling became unstable and collapsed, the applicant would need to submit a new development application for a new dwelling house. The new dwelling house would be required to comply with the foreshore building line. (See Condition 3 of Recommendation.) • The garages should be built on the street alignment and the courtyard area

behind the garages should be deleted. This would enable the whole building to be brought forward to immediately behind the garage so that the whole building is behind the foreshore building line.

Council must assess the current development application rather than redesigning the development application.


ITEM 8 (Continued) 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning

Residential 'A'

Mandatory Requirements

The site is affected by Clause 40 of the Ryde Planning Scheme Ordinance and a foreshore building line has been fixed on the property. The foreshore building line is measured 30 metres along the eastern boundary (adjacent to 9 Delmar Parade) from the street and 25 metres measured along the western boundary (adjacent to 13 Delmar Parade) from the street. Subclause 4 requires that except as provided by subclause 6, no building is to be erected within the foreshore building line. Building is defined by the Environmental Planning and Assessment Act as:

Building includes part of a building and any structure or part of a structure, but does not include:

a) A manufactured home, a moveable dwelling or associated structure or part of a manufactured home, a moveable dwelling or associated structure; or

b) A temporary structure within the meaning of the Local Government Act, 1993.

Under clause 40(6) of the Ryde Planning Scheme Ordinance, the Council may, after considering the probable aesthetic appearance, allow a retaining wall or swimming pool to be erected within the foreshore building line. The swimming pool is not to project above the natural ground level of the site. A swimming pool and spa is proposed on the lower ground floor. Part of this pool and the spa will be located within the foreshore building line. The amended plans submitted on 21 October 2004 ensure that the pool is located at or below natural ground level. That part of the swimming pool to be constructed within the foreshore building line will be located beneath the ground floor of the existing dwelling house. The pool will not be readily discernible from view from the Parramatta River. In addition, the pool will not affect any of the natural foreshore features of the site. That part of the pool and spa that breaches the foreshore building line, will not adversely impact on the aesthetic appearance of the foreshore.


ITEM 8 (Continued)

Part of the ground floor is currently located between the foreshore building line and the foreshore. This part of the building will not be extended, however the following works are proposed: • Replacement of existing timber balustrading with frameless glass; • Tiling the existing deck; • Replacement of existing windows and doors; • Lining the existing walls / fascia with texture base flush jointed fibre cement

sheeting to receive a paint finish • Modification of existing structure by the introduction of new piers / columns

and steel beams. The foreshore building line is a development standard and can only be varied by the submission of an objection under the provisions of State Environmental Planning Policy No 1 that demonstrates that compliance with the development standard is unreasonable and unnecessary in the particular circumstances of the application. The applicant has submitted a SEPP No 1 objection. The reasons given for the variation include the following: • “As the footprint and envelope of that portion of the existing dwelling house

that is to be retained within the foreshore building line area will not be increased, it is submitted that views of the Parramatta River from the adjoining residential properties will be maintained as existing, if not improved by the introduction of new external finishes such as glass balustrading to the balcony;

• As the footprint of that portion of the dwelling house that is to be retained within the foreshore building line area is to remain as existing, the proposal will not be inconsistent with the siting of the existing building. Accordingly, the amenity of the adjoining residents will remain static as a result of the proposed works within the foreshore building line.

• Given that the footprint of that portion of the dwelling house that is to be retained within the foreshore building line area will not alter as existing, the proposal will provide for a satisfactory relationship between the development and the waterway. In this regard, as the building is to be sited a satisfactory distance from mean high water mark, ample opportunity exists to provide suitable landscaping between the dwelling and the waterway to enhance the foreshore whilst also providing for suitable screening that will not impede views;

• The proposal will not result in the removal or degradation of any existing natural feature that is existing within the foreshore building line area, as all works within such an area are to be carried out within the footprint of the existing building;

• The proposal will provide for an opportunity to significantly improve the visual appearance of the existing dwelling house, thereby providing for a more complimentary relationship between the development and the adjoining foreshore and waterway;


ITEM 8 (Continued)

• The works to be carried out upon the subject portion of the dwelling house are primarily of a comestic nature and will not result in any additional bulk, scale or height to the dwelling house as compared to the existing situation, thereby ensuring that the amenity of the adjoining residents is not adversely affected;

• The encroachment does not impede any public access to the foreshore area or restrict the public use of the adjoining waterway; and

• The encroachment will not result in any views of the waterway from the public domain being restricted to any greater extent than already exists as a result of the subject portion of the dwelling house.”

The main concern with this development application was whether the existing dwelling would be able to withstand the proposed excavation and wo\rks or whether the works were such as to warrant the complete demolition of the dwelling house. In the latter case, a new development application would be required to be submitted and any new dwelling would be required to comply with the foreshore building line. The applicant has now provided adequate structural information to verify that the existing house can be retained. On this basis, the current application is considered to be alterations and additions to the dwelling. The proposed works to that part of the building that is located within the foreshore building line will not alter the bulk or scale of the building. This part of the development will not impact on the objectives of the foreshore building line. As the development is considered alterations and additions to the existing dwelling, no objections are raised to the proposed works to that part of the building located between the foreshore building line and the foreshore. The applicant’s SEPP No 1 objection is considered to be well founded and demonstrates that compliance with the clause is unreasonable and unnecessary in the circumstances of this case.

Clause 34 Aesthetic Appearance of the Development

This clause requires Council to take into consideration the probable aesthetic appearance of the proposed building or work when viewed from Parramatta River. As the existing house is already within the foreshore building line it is currently visually dominant from the waterway. The proposed development will not amend this situation.

(b) Relevant SEPPs State Environmental Planning Policy No.56 - Sydney Harbour Foreshores This planning policy sets out principles that are to be taken into consideration in the assessment and determination of development applications. These principles include:


ITEM 8 (Continued)

Principle

Compliance / non-compliance

a) Increasing public access to, and use of, land on the foreshore.

Public access is currently unavailable along the foreshore in this locality. This will not be changed as a result of this application.

b) The fundamental importance of the need for land made available for public access, or use, on the foreshore to be in public ownership.

There are no statutory controls to require any dedication for land along the foreshore. No changes are proposed to the zoning controls of the site.

c) If public ownership of foreshore land is not possible, the use of appropriate tenure mechanisms to safeguard public access to, and public use.

This is not applicable to the proposed development.

d) The retention and enhancement of public access links between existing foreshore open space areas.

The development will not affect the public access links.

e) The conservation of significant bushland and other natural features along the foreshore.

There are large existing rock outcrops in the foreshore area. These are proposed to be retained as part of the development.

f) The suitability of the site or part of the site for significant open space that will enhance the open space network along the harbour foreshores.

There is no open space network in the vicinity of the site.

g) The protection of significant natural and cultural heritage values, including marine ecological values.

The development will not affect the heritage significant of any heritage item.

h) The protection and improvement of unique visual qualities of the harbour, its foreshores and tributaries.

The alterations and additions to the dwellings will not materially impact on the visual qualities of the harbour. The excavation will result in the dwelling house appearing as three storeys, however this is consistent with the recent approval at 9 Delmar Parade.

i) The relationship between use of the water and foreshore activities.

There would be no conflict between the use of the water and foreshore activities.


ITEM 8 (Continued)

Principle


j) The conservation of items of heritage significance identified in an environmental planning instrument or subject to an order under the Heritage Act 1977.

The heritage significance of any items will not be affected by the proposed development.

k) The scale and character of any development, derived from an analysis of the context of the site.

The development will not result in a material adversely impact on the scale or character of the surrounding developments.

l) The character of any development as viewed from the water and its compatibility and sympathy with the character of the surrounding foreshores.

The character of the foreshore can be described as mostly developed with detached residential development. Some natural features of the foreshore such as rock outcrops have been retained. The development is consistent with this character.

m) The application of ecologically sustainable development principles.

This is not applicable to the development.

n) The maintenance of a working harbour character and functions by the retention of key waterfront industrial sites or, at a minimum, the integration of facilities for marine activities into development and wherever possible, the provision of public access through these sites to the foreshores.

This is not applicable to the site.

o) The feasibility and compatibility of uses and, if necessary, appropriate measures to ensure coexistence of different land uses.

The development is compatible with the surrounding residential dwellings.

p) Increasing opportunities for water based public transport.

This is not applicable to the site.

(c) Relevant REPs

Regional Environmental Plan 22 – Parramatta River

This planning instrument requires Council to take into consideration the following:


ITEM 8 (Continued)

Principle


a) The appearance of the development from the waterway and the foreshore.

The dwelling is already located forward of the foreshore building line. This will not be changed as a result of the development application. The appearance of the dwelling will be compatible with the adjoining properties.

b) Whether the development will cause pollution or siltation of the waterway to an extent that would jeopardize any existing or potential uses of the waterway.

Appropriate conditions would be included on any approval in respect to soil erosion. The application is not expected to be a problem in respect of siltation.

c) Whether the development will have an adverse effect on wetlands or flora and fauna habitats.

There are no wetlands or flora and fauna habitats on the site.

d) The noise likely to be generated by the development and any adverse effect that any such noise would have on existing uses of the waterway or nearby land.

The development will not result in increased noise that would affect the amenity of the waterway.

e) Whether the development will have an adverse effect on drainage patterns or cause shoreline erosion.

Appropriate conditions could be imposed that will not result in any changes to the drainage pattern.

f) Whether the development will cause excessive congestion of, or generate conflicts between, people using the waterway or the waterfront.

No conflicts should arise as a result of this application.

g) The demand for storage space for boats on the harbour or on the Parramatta River.

This application will have no impact on the storage of boats.

h) Whether the development warrants a foreshore location.

No objection is raised to the foreshore location.

i) Whether the development will have an adverse effect on the views to and from the waterway as a result of the size of the vessels capable of being accommodated within the development.

This is not applicable to the application.


ITEM 8 (Continued)

Principle


k) The Australian Standard AS 3962-1991 Guidelines for design of marinas.

The development is not for a marina so it is not applicable to the development.

m) Any other relevant plan of management, urban design or other development control guidelines that apply to Parramatta River and its foreshores.

All relevant documents have been considered in the report.

n) The effects of that development on the heritage significance of a heritage item, its site, its vicinity or on a conservation area.

The development will not affect the heritage significance of any heritage item.

o) Any representation of the Committee.

The application was not required to be referred to the Foreshores and Waterways Planning and Development Advisory Committee under Clause 18.

p) Whether the development will affect swimming in the locality.

There is no designated swimming area in front of the site.

q) The provision of pedestrian access in the locality of the development and the impact of the development on existing pedestrian accesses.

The development will not impact with any pedestrian access.

r) The importance of giving priority to onshore access to the foreshore and waterway rather than access by means of boardwalks.

This is not applicable to the development.

s) Any development control plan prepared in respect of this plan or, until such a plan has been prepared, the design and management guidelines for Parramatta River.

See below under the heading of DCP’s.


ITEM 8 (Continued)

(d) Any draft LEPs, REPs or SEPPs

Draft Sydney Harbour Catchment Regional Environmental Plan

The NSW Department of Infrastructure, Planning and Natural Resources (DIPNR) has prepared the draft Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2004 to provide an improved and clearer planning framework and better environmental outcomes for Sydney Harbour and its tributaries. Once made, the REP will replace the existing planning instruments for the harbour being SREP 22 and SREP 23. The development appears consistent with the provisions of the draft planning instrument.

(e) Any DCP (e.g. dwelling house, villa)

Dwelling Houses and Duplex Buildings Development Control Plan The proposal is in compliance with the above Development Control Plan as illustrated by the development standards below.

Council's Code

Proposed

Compliance

Minimum Allotment Size

580m2 619.7m2 Yes Floor Space Ratio1

0.5:1 0.54:1 No SETBACKS2

Eastern Elevation 1.5 metres Western elevation 1.5 metres

900mm to 1.5m 900mm

Yes No

HEIGHT3

2 storeys 7 metres 9 metres

3 storeys max 7.2 metres max 7.6 metres

No No Yes

SITE COVERAGE

Two storey element is not to extend beyond the established building zone

Two storey element does not extend beyond the established building zone

Yes

PARKING

2 Spaces able to exit in a forward direction.

2 spaces able to exit in a forward direction.

Yes


ITEM 8 (Continued) 1 Floor Space Ratio The floor space ratio of the development is 0.54:1. This exceeds the maximum floor space ratio by 25.5m2. This figure is different to the figure calculated by the applicant as the applicant failed to include the enclosed areas on the lower ground floor. This figure has excluded the void area located on the lower ground level, as there are no external walls, which enclose this void area. Although being excluded from the floor space ratio, this area contributes to the bulk and scale of the building resulting in the development having the appearance of a part two and part three storey dwelling when viewed from Parramatta River. This is consistent with the approved development on the adjoining property at 9 Delmar Parade. Much of the additional floor space is located below natural ground level. Although included as floor space it does not contribute to the bulk of the building or adversely impact on the amenity of the adjoining properties. In this instance, the variation is considered to be numerically minor and as it will not result in any adverse impacts, it is considered to be acceptable. 2Setbacks Much of the existing dwelling is set back 900mm from the boundary. This is not proposed to change as a result of the development. Along the western boundary it is proposed to provide a double garage. A single storey garage could be erected 900mm from the boundary. Due to the undercroft of the garage, this garage has the appearance from the neighbour's perspective as being two storey. The garage is technically defined as single storey and accordingly complies with the Council’s setback requirements. 3Height The development fails to comply with the maximum overall height of 7 metres (measured from the ceiling to natural ground level). The non-compliance occurs for a small section of the bedroom on the first floor in the southeast corner of the dwelling. As a result of the development the area of this non-compliance will be slightly increased. The maximum non-compliance is 7.2 metres. Given the small area of non-compliance, and that the development complies with the overall height, no objection is raised to the variation. The development is a maximum of three storeys in height. This is due to the laundry and bathroom located on the lower ground floor with two levels of accommodation above. The proposed development will incorporate a large undercroft area on the lower ground floor that extends to beneath the ground floor. Although this area is not included as a storey, it contributes to the building appearing as a part two and part three storey building when viewed from Parramatta River. This elevation complies with the height controls and would be consistent with the recent development approval at 9 Delmar Parade.


ITEM 8 (Continued) Sydney Harbour and Parramatta River Development Control Plan for Sydney Regional Environmental Plan No 22 – Parramatta River and Sydney Regional Environmental Plan No 23 – Sydney and Middle Harbours This DCP contains performance-based criteria and guidelines relating to matters such as foreshore access, visual and natural environments, recreation and maritime industrial uses. The aims of the DCP are: • Protecting ecological communities within the area covered by the Sydney

Regional Environmental Plan No 22 – Parramatta River; • Ensuring that the scenic quality of the area is protected or enhanced; • Providing siting and design principles for new buildings and waterside structures

within the area; and • Identifying potential foreshore access locations in the area. The ecological community that has been identified for the site is Urban Development with scattered trees. This ecological community has a low conservation status. The relevant statement of intent for this ecological community is to conserve and enhance vegetation that contains a hollow as well as to minimise impacts associated with soil erosion, water siltation and pollution. The development complies with the performance criteria. The DCP has identified the site within landscape character type 14. These areas are mostly developed with detached residential development on the upper slopes and boatshed and wharves along the foreshore. Further development in these areas must consider protecting key visual elements including rock outcrops, native vegetation, vegetation in and around dwellings and maintaining the density and spacing of development. Any development is required to satisfy the following criteria: • Consideration is given to the cumulative and incremental effects of further

development along the foreshore and to preserving the remaining special features;

• Development is to avoid substantial impact on the landscape qualities of the foreshore and minimise the removal of natural foreshore vegetation, radical alteration of natural ground levels, the dominance of structures protruding from rock walls or ledges or the erection of sea walls, retaining walls or terraces;

• Landscaping is to be carried out between buildings to soften the built environment; and

• Existing ridgeline vegetation and its dominance as the backdrop to the waterway, is retained.


ITEM 8 (Continued) The applicant has provided information to demonstrate that the development is for alterations and additions to the existing dwelling. This information was in the form of structural engineers drawings that demonstrates that the parts of the dwelling house proposed to be retained will be able to withstand the proposed works. As the development application is for alterations and additions to the dwelling, it is not possible to require the applicant to comply with the foreshore building line. The works proposed will not substantially alter the appearance of the dwelling house when viewed from the water or foreshore. The development will still appear as residential in character and the bulk and scale is compatible with the context of the locality. The development is not inconsistent with the landscape character of this part of Parramatta River. 10. Likely impacts of the Development (a) Built Environment Many of the impacts associated with the development application have already been discussed earlier in the report. The applicant has provided structural information to demonstrate that the dwelling house will be able to withstand the proposed excavation. On the basis of this information, the development has now been assessed as alterations and additions to the dwelling. The development will not result in any further breaches to the foreshore building line. The work that will occur to that part of the dwelling that is already located between the foreshore building line and the foreshore will not add to the bulk or scale of the building. All of the additions to the dwelling will comply with the foreshore building line. Concerns have been raised by the adjoining residents that the existing dwelling will be demolished as a result of the proposed works. If this did occur, it would not be possible for the applicant to simply rebuild the dwelling. It would be necessary for the applicant to submit a new development application for a new dwelling house. This new dwelling house would be required to comply with all the controls applicable to dwelling houses including the foreshore building line. (b) Natural Environment The development application involves excavation of the site. This excavation will not be readily noticeable from the adjoining properties or the waterway due to the house being retained. The proposed development will have minimal impact on the natural environment.


ITEM 8 (Continued) 11. Suitability of the site for the development The site is located within a landslip area. The applicant has provided extensive structural engineering drawings in respect of the application to demonstrate that it is possible for the development to proceed. Subject to strict compliance with the structural engineers plans and the approved drawings, the development is considered to be suitable for the site. 12. The Public Interest The proposed development does not raise any further issues in respect of the public interest. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. 14. CONCLUSION: The applicant, as requested by Council, has demonstrated to the satisfaction of Council's Consultant Structural Engineer how the portion of walls and floor can be retained. In the circumstances approval is recommended. RECOMMENDATION: (a) That Local Development Application No.701/2004 at 11 Delmar Parade,

Gladesville, being LOT: 32 DP: 16334 be approved subject to the following conditions;

1. Development is to be carried out in accordance with the Plans No. DCE02/06/04

as amended by plan number DCE02/10/04/4A, DCE02/10/04/5A as amended by plan number DCE02/10/04/19, DEC02/10/04/7B, DCE02/10/04/8B, DEC02/10/04/9B, DEC01/10/04/3A and DEC02/10/04/6A drawn by N Lycenko and support information submitted to Council.

2. All building works are required to be carried out in accordance with the provisions

of the Building Code of Australia. 3. If demolition occurs of any external walls or floors that have been identified on the

approved plans as being retained, all work on the site is to cease immediately and Council is to be advised. Please note that it may be necessary to submit a new development application for a new dwelling if demolition of those structures proposed to be retained are demolished. A new dwelling will be required to comply with the foreshore building line.


ITEM 8 (Continued) 4. The development is to be carried out strictly in accordance with the structural

engineering drawings numbered 05AH573, S100A, S101E, S200A, S300A, S301A, S400A and S500E drawn by Australian Consulting Engineers plans to be submitted with the Construction Certificate.

5. A report prepared by an independent Accredited Engineer, at no cost to the

Council, detailing the structural adequacy of 11 Delmar Parade, and its ability to withstand the proposed excavation and any measures required to be incorporated into the work to ensure that no damage will occur during the course of the works, SHALL BE submitted to the Principal Certifying Authority (and Council if Council is not the PCA) prior to any excavation works taking place.

6. The occasions on which building work must be inspected are:

i) at the commencement of the building work ii) after excavation for, and prior to the placement of, any footings iii) prior to pouring any in-situ reinforced concrete building element iv) prior to covering of the framework for any floor, wall, roof or other building

element v) prior to covering waterproofing in any wet areas vi) prior to covering any stormwater drainage connections vii) after the building work has been completed and prior to any occupation


Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

Prior to occupation of the building, an occupation certificate must be obtained. Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.

7. In addition to the mandatory inspections above, the following other stages of

construction are to be inspected by the Principal Certifying Authority or another accredited certifier approved by the Principal Certifying Authority:

i) Pool fencing installed prior to pool being filled with water. ii) Landscaping, water depth markers displayed within the pool, resuscitation

poster being within plain sight of pool.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.


ITEM 8 (Continued) 8. In addition to the abovestated inspections, Council or an accredited certifier is

required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and Council’s Development Control Plan 42 for “Construction Activities”:

i) Sediment control measures ii) Security fencing iii) Materials or waste containers upon the footway or road. iv) PCA and principal contractor (the coordinator of the building work) signage

and site toilets. 9. A certificate from a suitably qualified person is to be submitted to the Principal

Certifying Authority ( and Council, if Council is not the PCA) that the method of Termite Protection has been provided in accordance with Part 3.1.3 of the Building Code of Australia and the requirements of the Australian Standard 3660.1.


Certifying Authority (and Council, if Council is not the PCA) that the method of waterproofing wet areas has been provided in accordance with Part 3.8.1 of the Building Code of Australia and the requirements of the Australian Standard 3740 prior to wall tiling.


Certifying Authority (and Council, if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with Part 3.7.2 of the Building Code. Location details are to be submitted and approved by Council or an accredited certifier prior to the release of the Construction Certificate.

12. The Principal Certifying Authority is to ensure the building works are to be

inspected during construction by an accredited certifier or other suitably qualified person (as applicable) and documentary evidence of compliance with the relevant terms of the approval/standards of construction detailed in the Building Code of Australia, is to be obtained prior to proceeding to the subsequent stages of construction, encompassing not less than the following key stages:

i) Excavation and placement of steel. ii) Pool fencing installed prior to pool being filled with water. iii) Completion of all work including; - water depth marker displayed within the

pool - resuscitation poster being within plain sight of pool. 13. The pool pump/filter is to be enclosed in an approved acoustic enclosure, which

will ensure that the noise emitted therefrom does not exceed 5dB(A) above the background noise level when measured at the nearest source of annoyance.

14. All excavated material must be removed from the site. No fill is to be placed

above the natural ground level.


ITEM 8 (Continued) 15. The pool pump is not to be operated between 8pm and 7am Mondays to Fridays

and between 8pm and 8am on Saturdays, Sundays and public holidays. 16. A suitable method of water proofing is to be used in the construction of the pool. 17. Lighting if installed is to be arranged in such a manner as not to interfere with the

comfort and enjoyment of the neighbourhood. 18. The pool is to be kerbed and/or drained to prevent surface water gaining within

and at each end of the swimming pool. 19. Provide resuscitation chart containing warning “YOUNG CHILDREN SHOULD BE

SUPERVISED WHEN USING THIS POOL” located in the immediate vicinity of the pool area so as to be visible from all areas of the pool.

20. Water depth markers are to be displayed at a prominent position within and at

each end of the swimming pool. 21. The pool fence is to be erected around the perimeter of the swimming pool having

an effective height of at least 1.2 metres at any point along its length on the outside of the fencing, fitted with a self-closing and locking gate (the latch of which is to be placed on the inner face in such a position as to be out of reach of small children). The pool fence is to be constructed in accordance with the provisions of the Swimming Pools Act, 1992 and Swimming Pools Regulation 1998, except as amended by Council’s requirements to not have openable windows or doors through which access to the pool area can be gained, forming part of the pool fence. Details of compliance are to be reflected on the plans submitted with the Construction Certificate.

22. The swimming pool shall be connected to the Sydney Water sewer for discharge

of waste water. 23. A security deposit is to be paid to Council (Public Facilities and Services Group)

being a deposit of $1250 as well as the infrastructure inspection fee in accordance with the requirements of Council’s Management Plan (scheduled fees).

24. Enforcement levy is to be paid to Council on lodgement of the Construction

Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

25. Documentary evidence of compliance with Conditions 23 & 24 to the satisfaction

of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.

26. Documentary evidence of payment of the Long Service Levy under Section 34 of

the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.


ITEM 8 (Continued) 27. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the website www.sydneywater.com.au, see Your Business then see Building & Developing then Building & Renovating or telephone 13 20 92.

The consent authority or a private accredited certifier must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

28. Please contact Energy Australia’s Local Customer Service Office to obtain

documentary evidence that Energy Australia has been consulted and that their requirements have been met.

Energy Australia Building No. 2 Bridge Road (near Sherbrook Road) Hornsby Telephone: 9477 8201 Facsimile: 9477 8295 Postal Address: GPO Box 4009, Sydney NSW 2001 Website Address: www.energy.com.au

This information is to be submitted to Council prior to the release of the Subdivision Certificate/Occupation Certificate.

29. The applicant is to submit to and have approved by Council or an accredited

certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

30. The applicant is to apply to Council, pay the required fee, and have issued street

alignment levels by Council prior to the issue of the Construction Certificate. 31. In relation to demolition, all work is to be carried out in accordance with the

requirements of AS2601.1991 (The Demolition of Structures). 32. Security fencing shall be provided around the perimeter of the building/demolition

site and precautionary measures taken to prevent unauthorized entries of the site at all times during demolition and construction.

33. Signage is to be provided on the site as follows:

a) During` the demolition process notices lettered in accordance with AS1319 displaying the words “DANGER - DEMOLITION IN PROGRESS” or a similar message shall be fixed to the security fencing at appropriate places to warn the public.

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


ITEM 8 (Continued)

b) During the entire construction phase signage shall be fixed on site identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

34. Site toilets shall be provided in accordance with the WorkCover Code of Practice

entitled “Amenities for Construction Work”. 35. All demolition and all construction and associated work is to be restricted to


36. No spoil, stockpiles, building or demolition material is to be placed on any public

road, footpath, park or Council owned land. 37. Adequate precautions must be taken to control the emission of dust from the site

during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.


sheeting (i.e. fibro) must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales.

39. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), must be

disposed of at a landfill facility licensed by the New South Wales Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.

40. Adequate arrangements must be made for the storage and disposal of demolition

and building waste generated on the premises. In this regard the demolishers and builders are encouraged to maximize the re-use and recycling of materials (e.g. Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separating these materials from other wastes.

41. Concrete wastes must be collected, stored and treated in accordance with the

Concrete Wastes guide published by the Environment Protection Authority and details of compliance must be submitted to Council or an accredited certifier before the issue of the Construction Certificate.

42. Only unpolluted water is to be discharged to Council’s stormwater drainage

system. 43. The L10 noise level measured for a period of not less than 15 minutes while

demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.


ITEM 8 (Continued) General Engineering Conditions 44. Design and Construction Standards. All engineering plans and work shall be

carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

45. Service Alterations. All mains, services, poles, etc., which require alteration

shall be altered at the applicant’s expense. 46. Restoration. Public areas must be maintained in a safe condition at all times.

Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment.

47. Engineering Compliance Certificates. Engineering Compliance Certificates

must be obtained for the following works at the specified stage (If Council is appointed the PCA then the appropriate inspection fee is to be paid to Council) and submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate:

• Prior to backfilling of pipelines in which Council has an interest. • Prior to backfilling of drainage connections to pipelines or channels in which

Council has an interest. • Prior to casting of pits and other concrete structures in which Council has an

interest including kerb & gutter, accessways, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

NOTE: Council has an interest in all pipelines which drain public reserves and public road reserves, and in all structures located within public road reserves.

All Engineering Compliance certificates are to contain the following declarations: a. This certificate is supplied in relation to <<address of property>>. b. <<name of engineer and company >> have been responsible for the

supervision of all the work nominated in (a) above. c. I have carried out all tests and inspections necessary to declare that the work

nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent.

d. I have kept a signed record of all inspections and tests undertaken during the works, and can supply the Principal Certifying Authority [PCA] with a copy of such records and test results if and when required.


ITEM 8 (Continued) 48. Drainage Construction. The stormwater drainage on the site is to be

constructed generally in accordance with plan C44504 dated 8/7/04 prepared by Ciammarco Civil and Structural Engineers. The site arrestor pit to be a 900 x 900mm and the correct sediment collection sump details are to be provided in accordance with Council’s Stormwater DCP No. 41.

Engineering Conditions to be complied with Prior To Construction Certificate 49. Driveway Grades The maximum grade of all internal driveways and vehicular

ramps shall be 1 in 5. The maximum change of grade permitted is 1 in 8 and any transition grades shall have a minimum length of 2.5m. The driveway design is to incorporate Council’s issued footpath and gutter crossing levels where they are required as a condition of consent. A driveway plan, longitudinal section from the centreline of the public road to the garage floor, and any necessary cross-sections clearly demonstrating that the driveway complies with the above details, and that vehicles may safely manoeuvre within the site without scraping.

The width of the vehicular crossing is to be reduced to comply with the requirements of the Council’s driveway criteria.

50. Drainage Plans. The plans and supporting calculations of the proposed drainage

system are to be submitted with the Construction Certificate application. 51. Control of Stormwater Runoff. Stormwater runoff from all impervious areas shall

be collected and piped by gravity flow into the Parramatter River in accordance with Council’s Stormwater DCP No.41. . Runoff which enters the site from upstream properties must not be redirected in a manner which adversely affects adjoining properties. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

52. Stormwater Quality. The stormwater pit at the rear boundary of the property is

to be designed as a gross pollutant trap to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 900 x 900 mm, a debris screen and sediment collection sump and must be designed to drain completely in dry weather. The pit is to be cleaned on a regular basis to the satisfaction of Ryde City Council. Design details of the control pit are to be provided with the issue of the Construction Certificate application as in accordance with Council’s Stormwater DCP No.41.

53. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan

(ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary.


ITEM 8 (Continued)

The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan

(a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control structures, (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around disturbed

areas (k) Procedures for maintenance of erosion and sediment controls (l) Details for any staging of works (m) Details and procedures for dust control.

54. Vehicle Footpath Crossings. Concrete footpath crossings shall be constructed

at all locations where vehicles cross the footpath, to protect it from damage resulting from the vehicle traffic. The location, design and construction shall conform to the requirements of Council. Crossings are to be constructed in plain reinforced concrete and finished levels shall conform with property alignment levels issued by Council’s Engineering Services Division. Kerbs shall not be returned to the alignment line. Bridge and pipe crossings will not be permitted.

Engineering Conditions to be complied with Prior to Commencement of Construction 55. Sediment and Erosion Control. The applicant shall install appropriate sediment

control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

56. Compliance Certificate. A Compliance Certificate must be obtained confirming

that the constructed erosion and sediment control measures comply with the construction plan and Ryde City Council’s Development Control Plan for Construction Activities “DCP 42”

Engineering Conditions to be complied with Prior to Occupation Certificate 57. Compliance Certificates – Engineering. Compliance Certificates must be

obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA:


ITEM 8 (Continued)

• Confirming that all vehicular footway and gutter (layback) crossings are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed driveway is constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the site drainage system servicing the development complies with the approved construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41



1) All building work ( other than work relating to the temporary building ) must be carried out in accordance with the requirements of the Building Code of Australia ( as in force on the date of the application for the relevant construction certificate or complying development certificate was made)

2) This clause does not apply to the extent to which an exemption is in force

under clause 187 or 188, in the Environmental Planning and Assessment Regulations 2000,subject to any terms of any condition or requirement referred to in Clause 187(6) or 188(4).

2. Residential Building Work

1) Building work that involves 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:

a) in the case of work to be done under the Act:

i) has been informed in writing of the licensee’s name and contractor licence number, and

ii) is satisfied that the licensee had complied with the requirements of Part 6 of the Act; or

b) in the case of work to be done by any other person: i) has been informed in writing of the person's name and owner-

builder permit number; or


ITEM 8 (Continued)

ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of “owner builder work” in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

2) A certificate purporting to be used by an approved insurer under Part 6 of the

Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purpose of this clause, sufficient evidence that the person has complied with the requirements of that Part.


1) All excavations and backfill associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

2) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

4 Retaining walls and drainage


a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and

b) adequate provision must be made for drainage 5 Support for neighbouring buildings


1) 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 and, 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 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 of the excavation to the owner of the building being erected or demolished.


ITEM 8 (Continued)

2) 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 an adjoining allotment of land.

3) In this clause, “allotment of land” includes a public road and any other public place.

6. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

i) A Construction Certificate is to be obtained in accordance with Section

81A (2)(a) of the Act. ii) A Principal Certifying Authority is to be appointed and Council is to be


iii) Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

7. The applicant may apply to the Council or an accredited certifier for the issuing of

a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

(b) That the persons who made submissions be advised of the decision. Liz Coad Sandra Bailey Manager Assessment Consultant Planner Environment & Planning Environment & Planning


ITEM 8 (Continued)


COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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Site


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ITEM 8 (Continued)


ITEM 8 (Continued)


ITEM 9 243 ROWE STREET EASTWOOD. LOT: C DP: 327357. Local Development Application for Internal Fitout for Chinese Noodle Shop. LDA 198/2005. Applicant: Henry Zhang. File No. LDA05/198 The Group Manager – Environment and Planning reports 26 August 2005: Report Summary This report provides Council with information with respect to potential flooding issues which impact on the above development site and its proposed change of use. In view of the nature of these impacts, it is recommended from a stormwater perspective that the application be refused on the basis of non-compliance with Council’s Stormwater Management DCP, unless stormwater drainage facilities in Shaftsbury Road are completed and restrictions placed on the use of the rear of the premises. Background Development application 198/2005 proposes to change the use of the existing premises previously used as a pharmacy and, more recently, as a real estate agency, to a Chinese noodle takeaway shop. In considering a report from the assessment officer on this matter at its meeting of 16 August the Committee recommended: “That consideration of this application be deferred for a further report to be submitted by the Group Manager – Public Works, on potential flooding issues on the site and a report from the Manager – Environmental Health and Building concerning issues relating to the Building Code of Australia.” Council at its meeting of the 23 August 2005 adopted this resolution. The previous report is CIRCULATED UNDER SEPARATE COVER. The assessment of matters relating the impact of overland flow is addressed in both the Ryde Planning Scheme and DCP 41. In preparing the Eastwood Town Centre LEP (which amended the RPSO) the Council determined provision should be made to limit development in areas most affected by overland flow. These provisions are Clauses 51D and 51E. These clauses define areas as either “Development intensification restricted” or “Development intensification constrained”. The clauses are reproduced below: 51D Development intensification restricted in special area (1) This clause applies to land identified as “Development Intensification Restricted” and coloured red on the map marked “Ryde Local Environmental Plan No 110 – Eastwood Urban Village Special Areas Map” deposited in the office of the Council.


ITEM 9 (Continued) (2) Despite any other provision of this Ordinance, the Council must not grant consent to the carrying out of development of land to which this clause applies that would increase the intensity of use of land unless the Council is satisfied that the extent of stormwater inundation of the land, and the access to the land, during the estimated 100 year ARI (Average Recurrence Interval) stormwater inundation event would not constitute a hazard, or increase a hazard, to persons or property. 51E Development intensification constrained in special area (1) This clause applies to land identified as “Development Intensification Constrained’ and coloured pink on the map marked “Ryde Local Environmental Plan No 110 – Eastwood Urban Village Special Areas Map” deposited in the office of the Council. (2) Despite any other provision of this Ordinance, the Council must not grant consent to the carrying out of development of land to which this clause applies that would increase the intensity of use of land unless the Council is satisfied that if any conditions to which development consent is subject were to be complied with, the extent of stormwater inundation of the land during the estimated 100 year ARI (Average Recurrence Interval) stormwater inundation event would not constitute a hazard, or increase a hazard, to persons or property. The premises are located on the northern side of Rowe Street between Shaftsbury Road and Trelawney Street extending through to provide rear access from Hillview Lane. These premises are located within a “Development Intensification Restricted” area as a consequence of the severe flooding impacts in both Hillview Lane and Rowe Street. That is clause 51D applies. Therefore in considering the application there are 2 tests that the application must pass: Is the use an intensification of the use of the land? If the answer is No then there is no impediment under Clause 51D to the approval of the development. If the answer is Yes then the next test is: Does the extent of stormwater inundation of the land, and the access to the land, during the estimated 100 year ARI (Average Recurrence Interval) stormwater inundation event constitute a hazard, or increase a hazard, to persons or property. If the answer is No then the consent can be issued. If the answer is Yes, then the wording of the clause prevents consent being given. As the proposal involves modifications to the existing shop premises to provide seating for at least sixteen (16) persons and a food preparation area at the Rowe Street level and toilet facilities and stack parking for four (4) vehicles at the Hillview Lane level the Manager Drainage has concluded that this is an intensification of the use.


ITEM 9 (Continued) Report As required by the Council resolution the application was referred to the Manger Stormwater who has provided the following comments: The subject property is situated in a location where both the Rowe Street frontage and the Hillview Lane aspect are subject to significant overland flow during the one in one hundred year ARI storm event. A plan showing the extent of the flood affected areas is CIRCULATED UNDER SEPARATE COVER, with the boundary indicated by a blue coloured line. Whilst detailed hydraulic modelling in regard to the subject property has not been undertaken, detailed hydraulic modelling of the Terrys Creek (Eastwood) catchment indicates that approximately 2.96 cumecs would pass along the northern side of Rowe Street at this location, during the one in one hundred year ARI storm event resulting in depths of flow of up 415mm on the footway area and a depth velocity product of 0.84 which exceeds the limit nominated in Council’s DCP No. 41 (being 0.35). The depth of flow and the resultant depth velocity product are an indicator that flows on the footway area would be hazardous and that persons are at risk of being knocked over and seriously injured. The rear of the premises intrude into the Hillview Lane overland flow path which, during the same event conveys about 60 cumecs. Whilst access to shop patrons is not proposed from Hillview Lane, there is potential for severe damage to motor vehicles parked at the rear of the premises. A check of Council’s database has not indicated that these particular premises were subject to inundation from Rowe Street during the floods which occurred in the Eastwood Business District between 1984 and 1990, however, there is a record of nearby shops being inundated. Whilst the flooding impacts during this period caused widespread damage within the Eastwood area, analysis of the storms which occurred during this period indicate that the storms were only associated with rainfall events of about 1 in 20 year ARI. Based on a 415mm depth of flow, it is anticipated that above-floor level inundation would occur of these premises, from Rowe Street during one in one hundred year ARI storm event.


ITEM 9 (Continued) The overland flows which cause the Rowe Street flooding situation originate in Shaftsbury Road and higher up in the sub-catchment. The provision of improved drainage facilities in Shaftsbury Road between Rutledge Street and the Sydney Water stormwater channel near Glen Street, would alleviate this problem. A short section of the upgraded drainage facilities was installed across the Rowe Street intersection in 1999 to facilitate the conversion to one-way traffic movement in part of Rowe Street. Funds have been set aside in the 2005-2006 Management Plan to undertake staged construction of the remainder of the system upgrade. A separate report has been referred to the Public Facilities & Services Committee on 6 September 2005, in relation to the possible reallocation of funds to enable completion of all stages of the Shaftsbury Road drainage works by June 2006. To address the Hillview Lane flooding situation is far more complex and would involve the construction of a bored tunnel from Terry Road to Terrys Creek near Forrester Park the Terrys Creek bored tunnel. As yet, funding has not been available for the construction of these works which are estimated to cost $10-$15M. Whilst the provision of the Shaftsbury Road drainage works will address the issue of injury to persons and property damage, the Hillview Lane situation will remain unresolved. Since there is evidence that as a consequence of earlier flood events in Eastwood, cars were swept from Hillview Lane into the stormwater channel. Serious concerns must be raised about the proposed increase in the number of vehicles capable of being parked at the rear of the subject premises. Currently there is a dilapidated garage and a toilet block. The proposal to demolish the garage and create stack parking for four (4) motor vehicles would be a significant increase in the risk of property damage. There would be operational problems with parking in this manner and, if parking was restricted to two (2) vehicles, it could be argued that there was no significant increase in property damage over and above the current situation. The relocation of the toilet block closer to the rear of the existing building would be a further improvement. Conclusion: The Development Application in its current form would not satisfy the requirements of Council’s Stormwater Management DCP or Clause 51D of the RPSO because of the increased risk of damage to property and injury to persons. However, if Council were to complete the construction of improved stormwater drainage facilities in Shaftsbury Road, and by Condition of Approval, restrict parking at the rear of the premises and relocate the toilet facilities, favourable consideration could be given to the Development Application. In relation to the car parking at the rear of the site, if Council was mindful to approve the development a requirement for 2 car parking spaces would be consistent with the Carparking DCP which requires 1 space per 25m2 of dinning space in established shopping areas. The Manager Environmental Health and Building has advised that some modifications will be required to the building to comply with fire safety requirements and access to toilets for people with disabilities.


ITEM 9 (Continued) Management Plan Linkages N/a. Relationship to Key Outcome Areas N/a Assets The assessment of this development application meets the following key outcomes for Assets. • Stormwater infrastructure that is well maintained and designed to enhance public safety and amenity. Environment This matter has no direct relationship to this key outcome area. Governance The assessment of this development application meets the following key outcomes for Governance (set out on page 47-48 of the Management Plan 2005-2008):

• Compliance with all legislative requirements and statutory obligations. • An efficient and effective regulatory environment.

People This matter has no direct relationship to this key outcome area. Consultation – Internal and External The Manager Drainage, and the Manager Environmental Health and Building were consulted as outlined in this report. Policy Implications This recommendation is consistent with the Stormwater Management Plan DCP No. 41 and the Ryde Planning Scheme. Critical Dates Not applicable. Financial Impact N/A. Other Options The Council has a number of options in relation to this development application. The recommendation from the previous report was that application be refused and overland flow was the primary reason. The advice from the Manager Stormwater does not change this fundamental position, however it is now clear that the overland flow issues can be addressed, through a combination of Council’s actions and the some modifications by the applicant.


ITEM 9 (Continued) One option may be to suggest that the applicant withdraw the current DA and lodge a new application, with the modifications suggested in this report, once the proposed works for the stormwater drainage outlined in this report are commenced. Council would then be in a position where it could issue a consent, if it was mindful to do so, knowing that even though this involved an intensification of the use, the extent of stormwater inundation of the land, and the access to the land, during the estimated 100 year ARI (Average Recurrence Interval) stormwater inundation event would not constitute a hazard, or increase a hazard, to persons or property The other option would be for the Council to determine that the change of use is not an intensification of use and therefore under Clause51D there is no impediment to the granting of consent. While this is not recommended, as it may be seen to be inconsistent with other decisions of the Council, if the Council was to also restrict the use to takeaway activities only (ie no table seating to be provided), it may be seen to be not an intensification of the use. If the Council was mindful to adopt this option that application should be referred back to the officers for the development of appropriate conditions of consent. RECOMMENDATION: That the report of the Group Manager Environment and Planning dated 12 September 2005 be received and noted. Sue Weatherley Group Manager Environment and Planning


ITEM 9 (Continued) No submissions received.

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City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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Date: 14/09/2005

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City of Ryde - Development Committee Agenda … · CITY OF RYDE DEVELOPMENT COMMITTEE AGENDA NO. 16/05 ... motor showroom, ... proposal mainly because it is out of context with the