Planning and Environment Committee - City of Ryde · 2016-01-19 · Planning and Environment Committee Page 5 ITEM 2 (continued) ATTACHMENT 1 Agenda of the Planning and Environment

Planning and Environment Committee

AGENDA NO. 12/11

Meeting Date: Tuesday 4 October 2011 Location: Committee Room 2, Level 5, Civic Centre, 1 Devlin Street, Ryde Time: 4.00pm

NOTICE OF BUSINESS Item Page 1 ELECTION OF CHAIRPERSON AND DEPUTY CHAIRPERSON................... 2 2 CONFIRMATION OF MINUTES - Meeting held on 6 September 2011............ 3 3 15 DORA STREET, MARSFIELD. LOT 91 DP 36459. Application

pursuant to Section 96 (2) of the EP&A Act, 1979 to amend approved use of building as two boarding houses by division of both third bedrooms into two rooms. LDA No 2009/0721. Section 96 No MOD2011/0033. INSPECTION 4.30PM / INTERVIEW 5.00PM.................................................. 7

4 162 SHAFTSBURY RD, EASTWOOD. LOT 6 DP 4826. Local

Development Application for alterations and additions to existing building and use ground floor as health consulting rooms and dwelling on the first floor, including parking for seven (7) cars. LDA2011/0136. INSPECTION 4.45PM / INTERVIEW 5.10PM................................................ 36

Planning and Environment Committee Page 2

Agenda of the Planning and Environment Committee Report No. 12/11, dated Tuesday 4 October 2011.

1 ELECTION OF CHAIRPERSON AND DEPUTY CHAIRPERSON

Report dated: 5 September 2011 File No.: GRP/11/6/3/4 - BP11/592

Report Summary The Chairperson and Deputy Chairperson of the Planning and Environment Committee are elected for a one (1) year term and the following procedures are to be followed for the election process: (a) Determination of method of voting (ordinary ballot, preferential ballot or open

voting). (b) Announcement of nominations. (c) Conduct of election. RECOMMENDATION: a) That the Committee determine the method of voting for the election of the Chair

and Deputy Chair. (b) That the General Manager or his delegate, as Returning Officer, undertake the

election of the Chair and Deputy Chair for the ensuing twelve (12) months by announcing the nominations and then conducting the election.

ATTACHMENTS There are no attachments for this report.



2 CONFIRMATION OF MINUTES - Meeting held on 6 September 2011

File No.: GRP/11/6/3/4 - BP11/362

In accordance with Clause 3.4.4 of Council’s Code of Meeting Practice, a motion or discussion with respect to such minutes shall not be in order except with regard to their accuracy as a true record of the proceedings. RECOMMENDATION: That the Minutes of the Planning and Environment Committee 11/11, held on Tuesday 6 September 2011, be confirmed. ATTACHMENTS 1 Minutes - Planning and Environment Committee - 6 September 2011

Planning and Environment Committee Page 4 ITEM 2 (continued) ATTACHMENT 1


Planning and Environment Committee

MINUTES OF MEETING NO. 11/11

Meeting Date: Tuesday 6 September 2011 Location: Committee Room 2, Level 5, Civic Centre, 1 Devlin Street, Ryde Time: 4.00pm Councillors Present: Councillors Yedelian OAM (Chairperson), Butterworth and O’Donnell. In the absence of Councillor Pickering, the Deputy Chairperson – Councillor Yedelian OAM chaired the meeting. Apologies: Councillors Pickering and Salvestro-Martin. Staff Present: Group Manager – Environment & Planning, Manager – Assessment, Manager – Environmental Health & Building, Team Leader – Assessment, Consultant Town Planner, Team Leader – Development Engineers, Business Support Coordinator – Environment & Planning and Meeting Support Coordinator. DISCLOSURES OF INTEREST There were no disclosures of interest. 1 CONFIRMATION OF MINUTES - Meeting held on 16 August 2011 RESOLUTION: (Moved by Councillors Butterworth and O’Donnell) That the Minutes of the Planning and Environment Committee 10/11, held on Tuesday 16 August 2011, be confirmed. Record of Voting: For the Motion: Unanimous Note: This is now a resolution of Council in accordance with the Committee’s delegated powers.



2 14 HERRING ROAD, MARSFIELD. LOT 1 DP 616168. Local Development

Application for alterations and change of use of existing dwelling to a boarding house containing six (6) bedrooms. LDA2011/4.

Report: The Committee inspected the property at 14 Herring Road, Marsfield. Note: Mr Peter Hall (applicant’s Architect) was available to answer questions in relation to this Item. RECOMMENDATION: (Moved by Councillors O’Donnell and Butterworth) (a) That Local Development Application No. 2011/4 at 14 Herring Road Marsfield

being Lot 1 DP616168 be approved subject to the ATTACHED conditions (Attachment 1).

(b) That the persons who made submissions be advised of Council's decision. Record of Voting: For the Motion: Councillors O’Donnell and Butterworth Against the Motion: Councillor Yedelian OAM Note: This matter will be dealt with at the Council Meeting to be held on 27 SEPTEMBER 2011 as

dissenting votes were recorded and Councillor Pickering requested that the matter be referred to the next Council Meeting.

3 7 WAYELLA STREET, WEST RYDE. LOT L DP 24358. Local Development

Application for subdivision into two lots, alterations to existing dwelling on proposed Lot A and erection of new dwelling on proposed Lot B. LDA2010/0383.

Report: The Committee inspected the property at 7 Wayella Street, West Ryde. Note: Mr Victor Taffa (objector), Ms Andrea Cunningham (objector), Mr Paul Trout (applicant) and Mr Greg Vickas (applicant’s Architect and Planning Consultant) addressed the meeting in relation to this Item. RESOLUTION: (Moved by Councillors Butterworth and O’Donnell) (a) That Local Development Application No. 2010/383 being Lot L, DP 243528 be

approved subject to the ATTACHED conditions (Attachment 1) with Condition Number 23 to read as follows:-

23. A Landscape Plan of the subject site, prepared by a suitably qualified Landscape Architect, and based upon the landscape concept plan prepared by the project architect, (Drawing DA-11 Revision A), shall be submitted with the Construction Certificate application. The Landscape Plan shall include the planting of a native tree with a mature height of at least 10.0m in the front yard of the existing dwelling, and that the



neighbour at 5A Wayella Street, West Ryde is to be consulted and concur with the species to be planted on their mutual boundary.

(b) That the persons who made submissions be advised of Council's decision. Record of Voting: For the Motion: Unanimous Note: This is now a resolution of Council in accordance with the Committee’s delegated powers.

The meeting closed at 5.27pm.

CONFIRMED THIS 4TH DAY OF OCTOBER 2011.

Chairperson



3 15 DORA STREET, MARSFIELD. LOT 91 DP 36459. Application pursuant to Section 96 (2) of the EP&A Act, 1979 to amend approved use of building as two boarding houses by division of both third bedrooms into two rooms. LDA No 2009/0721. Section 96 No MOD2011/0033.

INSPECTION: 4.30PM INTERVIEW: 5.00PM

Report prepared by: Consultant Town Planner Report approved by: Manager Assessment; Acting Group Manager Environment

and Planning Report dated: 14/09/2011 File Number: GRP/11/6/3/4 - BP11/609

1. Report Summary

Applicant: Yong L Zhao. Owner: Yong L Zhao & Jing Hu. Date lodged: 23 March 2011.

Council is in receipt of an application submitted under Section 96 (2) of the Environmental Planning & Assessment Act, seeking development consent for modifications to the existing consent which relates to the use of the existing building as two boarding houses, each containing five bedrooms. The modifications involve the erection of internal partitions to divide Bedroom 3 in each boarding house into two rooms (Bedroom 3 and Bedroom 6). It is also proposed to adjust the internal walls of the rooms on the first floor to modify the size of the bathroom. Although the development proposes an extra bedroom in each boarding house, the maximum number of people able to occupy each boarding house will not be changed. The proposed modifications are considered to be substantially the same development in terms of the relevant provisions of the Environmental Planning and Assessment Act, 1979. The NSW Land and Environment Court on 24 September 2010 granted development consent to alterations and additions to the existing duplex building, and changing the use of the building to that of two boarding houses, each containing five bedrooms. The Court’s decision is CIRCULATED UNDER SEPARATE COVER. The proposed modifications of the consent issued by the Court are internal and should not impact on the privacy and amenity of the adjoining properties. Three (3) submissions objecting to the proposal were received. The submissions came in the form of: (a) A letter from a nearby resident; (b) A petition signed by 51 persons; and (c) A submission from resident group known as MARS – Marsfield Against

Residential Suffocation.

Planning and Environment Committee Page 8 ITEM 3 (continued)


The proposed development complies with the original provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 ("the AHSEPP"). However, the AHSEPP was amended on 20 May 2011, and savings provisions are contained in the amended AHSEPP that afford Council the discretion of assessing the subject application under the provisions of the original AHSEPP or the provisions of the recent amendment. Discussions with Council’s General Counsel have concluded that in consideration of this application Council is bound by the terms of the original assessment. As the original application was assessed under the provisions of the original AHSEPP, and the subject application seeks to modify that consent, it is considered to be proper to assess the subject application under the provisions of the original AHSEPP. Approval to the application is recommended. Reason for Referral to Planning and Environment Committee: Requested by Councillor Pickering and Councillor Petch. Clause 4.6 LEP 2010 objection required? No Value of works? Not shown on application form. A full set of the plans are CIRCULATED UNDER SEPARATE COVER as additional information provided to Councillors - subject to copyright provisions. RECOMMENDATION:

(a) That the Section 96 application to modify Local Development Application No.

MOD2011/0033 at 15 Dora Street, Marsfield, being Lot 91 DP 36459, be approved subject to the following conditions;

(A) Condition 1 which presently states: 1. Development is to be carried out in accordance with plan references:

Drawing No. Amendment Dated Prepared by YZ0908.02 / da01E E 21.09.2010 Y & Z Design YZ0908.02 / da02E E 21.09.2010 Y & Z Design YZ0908.02 / da03E E 21.09.2010 Y & Z Design YZ0908.02 / da04E E 21.09.2010 Y & Z Design YZ0908.02 / da05E E 21.09.2010 Y & Z Design All plans as amended by any other condition of this consent.

Be modified so as to read: 1. Development is to be carried out in accordance with plan references:



Drawing No. Amendment Dated Prepared by YZ0908.02 / da01E E 21.09.2010 Y & Z Design YZ0908.02 / da02E E 21.09.2010 Y & Z Design YZ0908.02 / da03F F 28.01.2011 Y & Z Design YZ0908.02 / da04E E 21.09.2010 Y & Z Design YZ0908.02 / da05E E 21.09.2010 Y & Z Design All plans as amended by any other condition of this consent.

(B) Condition 6 which presently states:

6. A boarding room used by a single lodger must have a floor area of at least 12m2. Bedrooms 1, 2, 4 & 5 of each boarding house are to be used by only one (1) lodger.

Be modified so as to read:

6. A boarding room used by a single lodger must have a floor area of at least 12m2. Bedrooms 1, 2, 3, 4, 5 & 6 of each boarding house are to be used by only one (1) lodger.

(C) Condition 7 which presently states:

7. A boarding room used by two (2) lodgers must have a floor area of at least 16m2. Bedroom 3 of each boarding house is to be occupied by no more than two (2) adult lodgers.

Be deleted. (D) Condition 8 which presently states:

8. No boarding room is to be occupied by more than two (2) adult lodgers and neither boarding house is to be occupied by more than six (6) lodgers.


8. No boarding room is to be occupied by more than one (1) adult lodger and neither boarding house is to be occupied by more than six (6) lodgers.

(E) Condition 19 which presently states:

19. 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

Community & Cultural Facilities $ 1,574.94 Open Space & Recreation Facilities $ 3,877.18 Civic & Urban Improvements $ 1,318.49 Roads & Traffic Management Facilities $ 179.67 Transport and Accessibility Facilities $ Nil Cycleways $ 112.35 Stormwater Management Facilities $ 356.46 Plan Administration $ 30.30 The total contribution is $ 7,449.39

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Development Contributions Plan 2007 adopted by City of Ryde on 11 December 2007.

The above amount, if not paid within the quarter that the consent is granted, shall be adjusted for inflation by reference to the Consumer Price Index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on the basis of the contribution rates that are applicable at time of payment.


19(a). A contribution, relevant to five bedrooms in each boarding house, 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

Community & Cultural Facilities $ 1,574.94 Open Space & Recreation Facilities $ 3,877.18 Civic & Urban Improvements $ 1,318.49 Roads & Traffic Management Facilities $ 179.67 Transport and Accessibility Facilities $ Nil Cycleways $ 112.35 Stormwater Management Facilities $ 356.46 Plan Administration $ 30.30 The total contribution is $ 7,449.39

19(b). A contribution, relevant to two additional bedrooms in each

boarding house, 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 ($)

Community & Cultural Facilities 2,734.21 Open Space & Recreation Facilities 6,731.05 Civic & Urban Improvements 2,289.37 Roads & Traffic Management Facilities 312.29 Cycleway 195.06 Stormwater Management Facilities 620.06 Plan Administration 52.59

Total $ 12,934.58

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Development Contributions Plan 2007 (2010 Amendment) adopted by City of Ryde on 16 March 2011.


(E) Condition 42 which presently states: 42. The Boarding House must be operated in accordance with the Plan of

Management attached and marked “A”. The Plan of Management can only be amended with the agreement of Council in writing.


42. Prior to the issue of any Occupation Certificate, the Plan of Management marked “A: and approved by the Land and Environment Court is to be amended to reflect the revised bedroom layout. This amendment is to be approved by Council in writing. Any other changes to the Plan of Management can only be amended with the agreement of Council in writing.

(b) That the persons who made submissions be advised of Council's decision. ATTACHMENTS 1 Map 2 Plans 3 A3 Plans - CIRCULATED UNDER SEPARATE COVER 4 Petition from MARS - CIRCULATED UNDER SEPARATE COVER 5 Land and Environment Court Proceedings No. 10540 of 2010 - CIRCULATED

UNDER SEPARATE COVER



Report Prepared By: Bob Tillott Consultant Town Planner Report Approved By: Liz Coad Manager Assessment Scott Cox Acting Group Manager – Environment and Planning



2. Site (Refer to attached map.)

Address

: 15 Dora Street, Marsfield

Site Area : 607.0m² Frontage 17.52 metres (to Nola Street) Depth 39.46 metres (maximum)

Topography and Vegetation

:

The level site has a gradual fall to the south. The site is devoid of any mature trees and contains some minor vegetation and hedge plantings.

Existing Buildings

: The site contains a two-storey building erected as a duplex with vehicular access to Nola Street.

Planning Controls Zoning : R2 Low Density Residential under Ryde Local

Environmental Plan 2010. Other : State Environmental Planning Policy (Affordable Rental

Housing) 2009 Ryde Development Control Plan 2010

Photo 1: Aerial photograph of subject site and surrounds.



Photo 2: Site viewed from Dora Street opposite Nola Street

Photo 3: Site viewed from Nola Street



3. Councillor Representations: Name of Councillor: Councillor Pickering Nature of the representation: Request the application be determined by Planning and Environment Committee. Date: 5 April 2011 Form of the representation (e.g. via email, meeting, phone call): Not known. On behalf of applicant or objectors? Not known. Any other persons (e.g. consultants) involved in or part of the representation: No * * * Name of Councillor: Councillor Petch Nature of the representation: Request the application be determined by Planning and Environment Committee. Date: 28 April 2011 Form of the representation (e.g. via email, meeting, phone call): SMS message. On behalf of applicant or objectors? On behalf of objectors. Any other persons (e.g. consultants) involved in or part of the representation: No 4. Political Donations or Gifts Any political donations or gifts disclosed? No. 5. Proposal

Modification pursuant to Section 96 (2) of the Environmental Planning and Assessment Act, 1979 of the approved use of the building as two x five-bedroom boarding houses. The proposal involves the following modifications: - Construction of a dividing wall within Bedroom 3 of each boarding house so as to create an additional single-bed bedroom. The proposal also involves minor reduction in size of the bathrooms. This will result in each boarding house containing six bedrooms rather than the approved five bedrooms. The approved use of the building as a boarding house will continue.



6. Background

The NSW Land and Environment Court on 24 September 2010 granted development consent to the carrying out of alterations and additions to the existing duplex building, and changed the use of the building to that of two boarding houses, each containing five bedrooms. The subject application to modify the consent was lodged on 23 March 2011. 7. Submissions:

7.1 The proposal was advertised and notified in accordance with Development Control Plan 2010 - Part 2.1, Notification of Development Applications. The application was advertised on 27 April 2011. Notification of the proposal was from 21 April 2011 until 12 May 2011.

Three (3) submissions objecting to the proposal were received. The submissions came in the following form: (a) A letter from a nearby resident; (b) A petition signed by 51 persons; and (c) A submission from resident group known as MARS.

The single objection came from a resident outside of the Dora Street neighbourhood. It is not possible to map the location of all signatories on the petition.

NOTE: One of these submissions includes a lengthy submission from a group called “MARS” (Marsfield Against Residential Suffocation). A full copy of this submission is also ATTACHED – CIRCULATED UNDER SEPARATE COVER.

7.2 The issues of concern raised in the individual submission and the petition are

summarised and discussed as follows: • The street is becoming filled with boarding houses and the character of the

street is changing. Long term residents are moving out. • Low density family neighbourhood being turned into high density student

boarding area. • Would become unsustainable if all properties were permitted to be developed

at a similar density. • Increased number of robberies in the area may be due to increased number of

unfamiliar tenants and their visitors. • Dora Street cannot accommodate the increased number of motor vehicles. • Increased anti-social behaviour by future occupants of the boarding houses.



• Increased number of strangers in the area causes existing residents to be

unfamiliar and uncomfortable. • Increased health risks flowing from a large number of persons living in close

proximity to each other. • Lack of adequate on-site car parking facilities. • Reduction in level of amenity enjoyed by other residents of the building.

Comment These matters, in part, go towards establishing whether the proposal is compatible with the character of the area. Boarding houses are a permissible form of development within the Low Density Residential Zone under the RLEP. The density proposed complies with the AHSEPP. In respect of on-site car parking requirements, the prevailing AHSEPP does not require the provision of any additional off-street car parking spaces.

7.2 The issues of concern raised in the MARS submission are summarised and

discussed as follows. The submission is divided into 2 sections, Facts & Contentions.

The Facts section provides background to the position of MARS on boarding house and raises a number of matters relating to Council’s approach to the issue of boarding houses and other matters. While these relate to the issue of boarding houses, generally they are of more relevance to establishing a position in relation to the issue and do not directly relate to the present application. Much of this part of the submissions relates to the views of MARS on how Council and staff should approach the issues of boarding houses, including illegal boarding houses in the City of Ryde and what in their view constitutes public interest and the negative social impacts of boarding houses in the Marsfield area.

Comment The MARS document is circulated to all Councillors for information and no comment is provided on this part of the submission.

The Contentions section relates to Council and Council staff approach to boarding houses, to boarding houses generally and not to any specific to aspect of the present proposal. A summary of the issues raised follows:

Public Interest • Relationship with other planning interests. The AHSEPP does not override the

planning legislation and Section 79C(1) of the Act must be considered, particularly the public interest and the social and economic impacts.



• Meaning of Public Interest. The term has a wide meaning and can have

different application depending on where and how it is applied e.g. the public interest in Darlinghurst may be different to the public interest in Marsfield. The onus should be on the applicant to prove public interest otherwise the application should be rejected.

• A failure to properly scrutinise a DA is not in the public interest. • Misunderstanding of the boarding house provisions in the AHSEPP. Council

staff take a more technical approach to the SEPP and recommends applications for approval that meet the technical requirements. Councillors appear anxious to take into account the concerns of residents but defer approving the conversion of residences into boarding houses until the AHSEPP has been properly considered and legal advice obtained. It is MARS contention that there is no serious advocate for the public interest and the concerns of the residents of Marsfield.

• Typical recommendation from Council officers. The recommendations

effectively play down the importance of Section 79C and do not give full and proper consideration to its provisions. Council cannot be satisfied that the legislation will be complied with in circumstances where the activity has been carried out in contravention of the law.

• The applicant has not discharged the onus of establishing an entitlement

under the AHSEPP and the planning Act. If the applicant does not give proper consideration to the relevant provisions relating to social and economic impacts on the locality and the public interest, then the application must be rejected. Council should not presume these have been established. Some of the comments included in reports by Council staff need to be explained in more detail to enable Council to make a proper consideration.

• Premature approval of this DA is not in the public interest. The DA should not

be determined until the review of the AHSEPP has been completed as this may provide a windfall to the applicant.

• Formulation of Council Policy on Boarding Houses. Any application cannot be

properly considered until after Council has adopted a policy that has been scrutinised by the local community.

• Possible Subordination of Public Interest to Vested Interests. There is a public

perception that Council staff do not have the resources to eradicate illegal boarding houses.

• Transformation of Marsfield from a family oriented suburb. The relationship of

Macquarie University with Marsfield will convert Marsfield into a university suburb if the conversion of residences into boarding houses is left unchecked.



• Onus on the applicant to establish entitlement to a boarding house. The

community is appalled at the proliferation of illegal boarding houses in the Marsfield Area. The onus should be on the applicant to provide a detailed case why consent to a boarding house is not contrary to the public interest.

• When in doubt the status quo should be preserved. Any doubts as to the

meaning of the AHSEPP must be exercised in favour of preserving the status quo. There is a real possibility the AHSEPP might be suspended or revoked.

• Community outrage. The community is outraged at the proliferation of illegal

boarding houses as evidenced by the formation of groups such as MARS and the number of speakers that address Council meetings. Failure to consider the negative social impacts is contrary to the public interest.

Negative Social Impacts • Exodus of families from Marsfield. • Community protests as evidenced at the Council meeting on 27 April 2011 and

a petition signed by over 1,000 Marsfield residents. • Potential for blaming sections of the community for what is happening. There

is anecdotal evidence to suggest that residential properties are being purchased solely with the intention of increasing financial returns. The market for illegal boarding houses is comprised of international full fee paying students (as distinct from local students) lured to the area by Macquarie University.

• Need for rigorous social assessment to be carried out for the Marsfield area

prior to approval of any boarding house DA. The goal should be to determine whether the anecdotal evidence is supported by fact.

• Real & rational basis for fear & community concern. Fear in the part of a

community is vital for identifying social impacts on a locality, irrespective of its basis. The Marsfield community genuinely fears that the boarding house problem cannot be left unchecked because the Marsfield community will be destroyed. Their fear is with good reason for they fear Council has considerable difficulty in “oversighting” the many illegal boarding houses that have sprung up.

• Bona fide residents of Marsfield are offended by the invasion from vested

interest making a fast buck by cramming international full fee paying students into houses meant for normal residential families. They are offended by the fiction, often by newspapers and Macquarie University, relating to the “plight” of these students.



• Negative social impacts & no community benefits. Approval of this type of

application adds to the likely negative social impacts flowing from the proliferation of boarding houses in Marsfield that are based solely on vested commercial interests. There are no clear benefits to the community and no discernible support from the Ryde community in general and the Marsfield community in particular.

Covenant & Suggested Conditions of any approval. MARS strongly opposes any approval but if contemplated a covenant should be placed on the land: • Development consent is contingent on there being no breaches of any

condition of consent, now or in the future. • Approval is contingent upon the boarding house provisions in the AHSEPP &

LEP 2010 remaining in force. • That imposes a regime that what is proposed or promised actually occurs and

is underpinned by a regime that rigorously monitors compliance. • A right for Council officers to enter and inspect the site during daylight hours. Council should also consider whether: • Whether it has a legal (or at least) moral obligation to advise revenue

authorities each time it approves a boarding house. • Whether it is legally entitled to impose conditions ensuring the transparency of

payments made by boarders.

Comment The issues raised by MARS are in support of their opposition to boarding houses and, while of relevance in the general consideration of the proposal, do not contain matters of concern that are specific to the proposal. Any policy adopted by Council in relation to boarding houses will not apply if it is at variance with the AHSEPP. Some of the suggested “covenants” are ultra vires as they are opposed to other legislative requirements. 8. Policy Implications

Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Local Environmental Plan 2010



Zoning The proposed modification of the approved internal alterations to existing duplex building and change of use of building to contain two boarding houses, each containing five bedrooms. is permissible within the R2 Low Density Residential zone, subject to the approval of Council. Mandatory Requirements The proposal is not affected by any provisions of the Ryde Local Environmental Plan 2010 other than any matters that are discussed elsewhere within the body of this report.

(b) Matters for consideration pursuant to Section 96(2) EPAA: The provisions of Section 96 (2) of the Environmental Planning and Assessment Act, 1979 allow a consent authority to modify the consent where the application meets the following criteria: -

(a) The development to which the consent as modified relates is substantially the

same development. (b) Any concurrence authority has been consulted and has not objected. (c) The application has been notified in accordance with the regulations. (d) Submissions made during the prescribed notification period have been

considered. Under Section 96 (2) (a) Council must be satisfied that the development as modified is substantially the same as was approved in the original consent. In arriving at this determination there should be no consideration of the merits of the proposal but rather a straight before and after comparison. If it is determined to be substantially the same then the proposed modifications need to be assessed on their merits having regard to submissions received and any relevant council planning controls. The current approval provides for internal alterations to an existing duplex building that has current development consent to be used as two boarding houses, each containing five bedrooms. The proposed modifications involve the erection of internal partitions to divide Bedroom 3 in each boarding house into two rooms (Bedroom 3 and Bedroom 6). Further, reconfiguration of the internal bathroom is proposed. There will be no change to the height, the building footprint remains the same and none of the key elements are changed. Externally, there will be no change to the approved two boarding houses.



It is the opinion of Council’s Assessing Officer that the modified development is substantially the same as the original and therefore the application can be considered on its merits. Section 96 (2) (b) is not relevant to the current application, as concurrence was not required for the original approval. The proposal meets the requirements of 96(2) (c) and 96(2) (d) listed above, with the submissions received being considered earlier in this report. (c) Relevant SEPPs State Environmental Planning Policy (Affordable Rental Housing) 2009 The AHSEPP was amended on 20 May 2011 and in relation to boarding houses provides: (a) Those in a Low Density Residential Zone must be within an accessible

area, i.e. within a specified distance of public transport. (b) Increase in the parking requirements before parking can be used as a

ground for refusal. In relation to the present application parking increases from 2 spaces to 3 spaces. (This increase is based upon the two additional rooms created under this application.) (2 x 0.4 = 0.8, say 1).

(c) That Council must consider whether the design is compatible with the

character of the local area. Discussion with Council’s General Counsel has concluded that in consideration of this application Council is bound by the terms of the original assessment. The original application was assessed under the original AHSEPP provisions and therefore it is reasonable and proper to assess the subject application under the same planning regime that applied to the original application. Council’s General Counsel also advises that it would be improper to assess the subject application under the new AHSEPP legislation. The following assessment/comments are predicated upon the original AHSEPP legislation applying to this application. Division 3 of the AHSEPP specifies in part that boarding house development may be carried out within the R2 Low Density Residential Zone. This is consistent with Ryde LEP 2010. Section 30 sets out Standards for boarding houses and Council must not consent to a boarding house unless it is satisfied with each of the following:



Standards for boarding houses

Standard Proposed Compliance

A consent authority must not consent to development to which this Division applies unless it is satisfied of each of the following: (a) if a boarding house has five or more boarding rooms, at least one communal living room will be provided,

Each of the proposed boarding houses incorporates a total of six bedrooms and each includes a ground floor living room which is identified as a dining room (measuring 3.9m x 3.4m). This is not changed from the approved Land & Environment Court approved drawings.

Yes

(b) no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres,

No bedroom room has an area which exceeds 13.9m².

Yes

(c) no boarding room will be occupied by more than twoadult lodgers,

The original approval provided for five bedrooms. Four of these bedrooms would be a single room. One bedroom could be occupied by two persons resulting in a maximum of six persons within each boarding house. This Section 96 application will convert the double room to two single rooms. As such there is unlikely to be an increase in the number of persons occupying this boarding house. Each bedroom will be occupied by a single person.

Yes




Standard Proposed Compliance (d) adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger,

The ground floor of each proposed boarding house has a shower and separate toilet. At first floor level there are two bathrooms of which one is an ensuite. Each of the proposed boarding houses would have a total of two bathrooms and three toilets. Council’s Environmental Health Officer and Building Surveyor have raised no objection to the proposed bathroom and kitchen facilities. This will not be changed as a result of the Section 96 application.

Yes

(e) if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager,

In accordance with the provisions of the SEPP 2009 each proposed boarding house has a maximum capacity of six (6) adult lodgers. A boarding house manager is not required in this instance and is not proposed. An off-site manager is however required as a condition of consent. No changes are proposed to this condition as part of this Section 96 application.

Yes

(f) if the boarding house is on land within a zone where residential flat buildings are permissible, no new car parking for lodgers will be provided on the site,

The subject site is within the R2 Low Density Residential zone under Ryde Local Environmental Plan 2010. Within the R2 zone residential flat buildings are not permissible.

N/A




Standard Proposed Compliance (g) if the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use,

The site is within the R2 Low Density Residential under Ryde Local Environmental Plan 2010. This clause is not applicable.

N/A

(h) at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every five boarding rooms.

Six boarding rooms are proposed in each boarding house requiring the provision of a total of two (2) bicycle and two (2) motorcycle parking spaces. Two bicycle and two motorbike parking spaces were approved as part of the consent within the existing courtyard adjacent to Dora Street. No changes will occur as a result of the Section 96 application.

Yes

Standards that cannot be used to refuse consent

Clause 29 of the SEPP specifies the following standards that the consent authority cannot use to refuse consent for a boarding house:


Comment

A consent authority must not refuse consent to development to which this Division applies on the grounds of density or scale if the density and scale of the buildings when expressed as a floor space ratio are not more than the existing maximum floor space ratio for any form of residential accommodation permitted on the land.

The Section 96 application will not result in any additional floor space. Existing FSR was calculated at 0.50:1 which complies with Ryde Local Environmental Plan provisions.




Comment

In addition a consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

Building height if the building height of all proposed buildings is not more than the maximum building height permitted under another environmental planning instrument for any building on the land,

The Section 96 application does not result in any increase to the height of the building.

Landscaped area if the landscape treatment of the front setback area is compatible with the streetscape in which the building is located,

The proposal does not seek to alter the landscaping of the site. Landscaping is considered acceptable and compatible with the streetscape.

Solar access where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of three hours direct sunlight between 9am and 3pm in mid-winter,

The proposal does not alter the approved situation in respect of solar access to communal living areas.

Private open space if at least the following private open space areas are provided (other than the front setback area): (i) one area of at least 20 square

metres with a minimum dimension of 3 metres is provided for the use of the lodgers,

(ii) if accommodation is provided on site for a boarding house manager—one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation,

There is no change proposed to the design approved by the Court. Not applicable.




Comment

Parking if not more than:

(i) one parking space is provided for each 10 boarding rooms or part thereof, and

(ii) one parking space is provided for each person employed in connection with the development and who is a resident on site,

The Section 96 application proposes that each boarding house comprise a total of 6 boarding rooms and does not include any employees. Each boarding house is required to provide one car parking space. This is provided.

Accommodation size if each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least: (i) 12 square metres in the case of

a boarding room intended to be used by a single lodger, or

(ii) 16 square metres in any other case.

The area of each proposed bedroom room is as follows: Boarding House (No.15) Room 3 - 12.0m² (single lodger) Room 6 - 12.01m² (single lodger) Boarding House (No.15A) Room 3 - 12.0m² (single lodger) Room 6 - 12.01m² (single lodger) Rooms 3 & 6 of each boarding house meet the minimum requirements for a single lodger only.

(3) A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.

The proposal makes provision for 2 x 6 bedroom boarding houses. Only one of the proposed rooms in each boarding house will have a private ensuite. No private kitchens are proposed. This arrangement is not being changed as a result of the Section 96 application.

(4) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).

Noted.



(d) Relevant REPs There are none that affect this application. (e) Any draft LEPs There are none that affect this application. (f) Any DCP Ryde DCP 2010 Part 9.3 Car Parking No relevant provisions. City of Ryde Section 94 Development Contributions Plan 2007 Condition 19 of the development consent granted by the Land & Environment Court on 24 September 2010 contained the following Section 94 condition: 19. 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 Community & Cultural Facilities $ 1,574.94 Open Space & Recreation Facilities $ 3,877.18 Civic & Urban Improvements $ 1,318.49 Roads & Traffic Management Facilities $ 179.67 Transport and Accessibility Facilities $ Nil Cycleways $ 112.35 Stormwater Management Facilities $ 356.46 Plan Administration $ 30.30 The total contribution is $ 7,449.39

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Development Contributions Plan 2007 adopted by City of Ryde on 11 December 2007.


This Section 94 contribution has now been paid.



The proposed development will result in the increase from 10 to 12 in the number of bedrooms in the boarding houses on the site. Accordingly, additional contributions under Council’s Section 94 Contributions Plan will be required as follows: A contribution for the services in Column A and for the amount in Column B shall be made to Council prior to release of any Construction Certificate.

A B ($)

Community & Cultural Facilities 2,734.21

Open Space & Recreation Facilities 6,731.05

Civic & Urban Improvements 2,289.37

Roads & Traffic Management Facilities 312.29

Cycleway 195.06

Stormwater Management Facilities 620.06

Plan Administration 52.59

Total $ 12,934.58 This contribution has been calculated on the basis of the contribution rates current for June 2011. Examination of the above Section 94 contributions reveals a considerable increase in the amount to be paid, given the Section 96 application only involves the increase of one bedroom per boarding house. At the time the original application was approved by the Court, Council’s Section 94 Contributions Plan did not include reference to boarding houses. Accordingly, the Court applied the rate applying to two (2) dwelling-houses. This generated a rate of $7,449.39. In current times the Section 94 Contributions Plan has been amended so as to include boarding houses. Applying the proposed increase of two boarding house bedrooms, to the current Section 94 Plan, results in an additional payment of $12,934.58 being generated. It is recommended that Condition 19 of the development consent be modified to reflect the above additional contribution.

10. Likely impacts of the Development (a) Built Environment



The proposed development relates solely to internal alterations to the approved Bedroom 3 and adjoining bathroom in each boarding house. No likely adverse impacts upon the built environment have been identified. (b) Natural Environment The proposed modifications do not impact on the landscaping and other measures included in the original consent. 11. Suitability of the site for the development The proposal involves the carrying out of only internal alterations to an existing building. As no changes are proposed to the external appearance of the building it is considered that the subject Section 96 proposal is suitable for the subject site. 12. The Public Interest Subject to the conditions included in the recommendation of this report, there are no issues with regard to public interest that should preclude a favourable determination of this application. 13. Consultation – Internal and External

Internal Referrals Building Surveyor, 29 April 2011: Council’s Building Surveyor has raised no objection to the proposed development. Environmental Health Officer, 27 April 2011: Council’s Environmental Health Officer has raised no objection to the proposed development. Extermal Referrals Nil. 14. Critical Dates There are no critical dates or deadlines to be met. 15. Financial Impact

Adoption of the provided recommendation will have no financial impact. 16. Other Options The alternative of refusing the subject application is a matter for Council, but has not been recommended having regard to compliance of the proposal with the relevant planning controls and the granting of consent to the original application by the Land & Environment Court.



17. Conclusion The proposal has been assessed under the Heads of Consideration in Section 79C of the Environmental Planning and Assessment Act 1979, under the AHSEPP and under the relevant Council statutory planning controls. The proposal is a permissible form of development within the R2 Low Density Residential zoning of the subject site. The original approval to use the subject site as two boarding houses was granted by the Land & Environment Court on 24 September 2010. The subject application seeks to modify this consent by the division of Bedroom 3 in both boarding houses, into two bedrooms, together with minor bathroom reconfiguration. In response to public notification/advertising periods, three submissions (one single letter, a petition containing 51 signatures and a submission from MARS) were received objecting to the proposal. The issues raised in the submissions relate to inadequate care and maintenance of the proposed boarding house, boarding houses are an inappropriate form of development within a low density residential area, insufficient parking, unacceptable noise and privacy impacts, the proliferation of boarding houses (legal & illegal) in the area and the design of the building is out of character with the area. The AHSEPP includes various standards that Council cannot use to refuse consent for a boarding house application. The proposal complies with these standards. The AHSEPP also contains development standards that the proposed boarding house is required to satisfy and complies with these requirements. The proposal complies with these standards. It should be noted that the maximum number of persons able to occupy each boarding house will not be changed as a result of this Section 96 application. On balanced consideration of the subject proposal against the requirements of the AHSEPP, the other relevant statutory planning controls and the issues raised by the objectors, and understanding that all works are within the existing building, it is considered that the application should be approved.











4 162 SHAFTSBURY RD, EASTWOOD. LOT 6 DP 4826. Local Development Application for alterations and additions to existing building and use ground floor as health consulting rooms and dwelling on the first floor, including parking for seven (7) cars. LDA2011/0136.

INSPECTION: 4.45PM INTERVIEW: 5.10PM

Report prepared by: Consultant Town Planner Report approved by: Manager Assessment; Acting Group Manager Environment

and Planning Report dated: 21/09/2011 File Number: GRP/11/6/3/4 - BP11/614

1. Report Summary

Applicant: A Golchin. Owner: W Sehu. Date lodged: 21 March 2011.

This report considers a proposal to carry out substantial alterations and additions to the existing dwelling-house, including demolition of the rear portion of the dwelling, the erection of a first floor and a two-storey extension to the rear. The ground floor will be used as health consulting rooms for two medical practitioners. The first floor will be used as a three-bedroom dwelling. Further, seven (7) car parking spaces will be provided at the rear of the site. The proposal involves removal of two existing trees and retention of another two trees growing on the site. Advertising and notification of the proposal resulted in the receipt of one submission which objected to the proposal. Re-advertising of amended drawings also resulted in the receipt of one submission. The proposal is a permissible form of development within the R2 Low Residential Density zoning of the site under the Ryde Local Environmental Plan 2010. Consent to the application is considered to be in the public interest, and accordingly it is recommended that approval be granted to the application, by way of a Deferred Commencement Consent. Reason for Referral to Planning and Environment Committee: At request of Councillor Li. Public Submissions: One (1) submission was received objecting to the development. Clause 4.6 RLEP 2010 objection required? Not required. Value of works? $400,000



A full set of the plans are CIRCULATED UNDER SEPARATE COVER as additional information provided to Councillors - subject to copyright provisions. RECOMMENDATION: (a) That Local Development Application No. 2011/136 at 162 Shaftsbury Road,

Eastwood being LOT Part 6, DP 4826, be approved subject to the ATTACHED conditions.

(b) That the person who made a submission be advised of Council's decision. ATTACHMENTS 1 Recommended Conditions of Consent 2 Map 3 Plans 4 A3 Plans - CIRCULATED UNDER SEPARATE COVER Report Prepared By: Bob Tillott Consultant Town Planner Report Approved By: Liz Coad Manager Assessment Scott Cox Acting Group Manager – Environment and Planning



2. Site (Refer to attached map.)

Address

: 162 Shaftsbury Road, Eastwood Lot Part 6, DP 4826

Site Area : 688.3m² Frontage 13.71 metres Depth 50.29 metres

Topography and Vegetation

:

The subject site has a gradual slope from the rear boundary to Shaftsbury Road. The fall over the site is approximately 1.5m. Four trees exist near the rear boundary. Two trees are Brush Box, one is a Macadamia and one is a Box Elder.

Existing Buildings

: Single storey, free-standing dwelling-house with detached garage on northern side.

Planning Controls Zoning : R 2 - Low Density Residential and SP2 – Infrastructure

(Classified Road) under Ryde Local Environmental Plan 2010

Other : State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Development Control Plan 2010

The subject site is identified in the following aerial photograph:



3. Councillor Representations Name of Councillor: Councillor Li Nature of the representation: Requesting the application be determined by Planning and Environment Committee. Date: 16 May 2011 Form of the representation (e.g. via email, meeting, phone call): E-mail. On behalf of applicant or objectors? On behalf of applicant. Any other persons (e.g. consultants) involved in or part of the representation: No 4. Political Donations or Gifts Any political donations or gifts disclosed? None identified. 5. Proposal The carrying out of substantial alterations and additions to the existing dwelling-house, including demolition of the rear portion of the dwelling, the erection of a first floor and a two-storey extension to the rear. The ground floor will be used as health consulting rooms for two medical practitioners. The first floor will be used as a three-bedroom dwelling. Further, seven (7) car parking spaces will be provided at the rear of the site. The proposed hours of operation of the medical consulting rooms are 8.00am to 6.00pm Mondays to Fridays and 8.00am to 2.00pm on Saturdays. Note: The application involves substantial demolition of part of the existing dwelling and the construction of a two-storey extension at the rear of the dwelling. The NSW Land and Environment Court has prepared a Planning Principle for the assistance of the Court and planning practitioners in the area of the carrying out of significant alterations to buildings. This principle flowed out of Edgar Allan Planning Pty Ltd –v- Woollahra Municipal Council (2006) NSWLEC 790. The principle states that where more than half of the existing fabric of the building is demolished, the proposal will be taken to be a new building. The subject application falls into this classification, and therefore, for purpose of this assessment the proposed development is taken to be that of a new building. 6. Background 10 February 2011: Pre-lodgement was held with Council officers. 21 March 2011: Application was lodged with Council.



7. Submissions The proposal was advertised and notified in accordance with Development Control Plan 2010 - Part 2.1, Notification of Development Applications. The application was advertised on 13 April 2011. Notification of the proposal was from 9 April until 28 April 2011. One (1) submission was received. The issues raised in the submissions were; (a) Traffic impacts

The submission states: In general I believe the size and scale of the proposal is too large for the land and in its current form will lead to noise and traffic problems when entering, exiting, reversing and turning within the property. This is also reflected by the fact that the proposal in its current form is unable to accommodate the minimum number of car spaces required for the development. It should also be considered that it will be very difficult for traffic to pass within the site and cars meeting head on will be limited in their ability to manoeuvre and create constant noise to adjoining owners as well as possible damage to the dividing fence. It is believed a 2 way mirror will make negligible difference to this problem due to the length of the proposed driveway.

I do not accept the stated traffic flow rate of 3 in and 3 out and believe the actual number of movements will be much greater. It is understood that one of doctors is a General Practitioner and the stated hours of business reflect this but this has not been made clear in the application.

The property is also located very close to Rutledge St and significant street trees which have not been shown on the plan do block the driver's view of oncoming traffic when exiting the property.

Comment: The submitted Traffic Impact Statement states:

The medical practice will employ, at the busiest time of operation, two doctors and two nurse/receptionists. Under normal operating times and conditions of access to the consulting rooms will be by appointment only, thus limiting vehicular movements to and from the site. It is understood the type of consultation to be offered is specialized with patient turnover on an hourly basis.

It is predicted that generated traffic would be maximised at approximately six (6) vehicular movements (3 in and 3 out) per hour and spread across the operating hours of the medical practice.



The Traffic Report concludes that the proposed development will not greatly impact upon traffic movement or road safety within the adjacent road network. The development also complies with Council’s requirements. The Traffic Impact Statement has been reviewed by Council’s Traffic Engineer and no objections have been raised to the development. (b) Stormwater will run into adjoining properties. Comment: Council’s Development Engineer has reviewed all stormwater aspects of the proposed development and advised that the proposal complies with the relevant DCP provisions. The main concern in the submission was that due to the extent of hard stand area in the driveway and the rear car parking area, stormwater would freely run into the adjoining premises at 164 Shaftsbury Road. The matter of a kerb along side the driveway to retain stormwater within the subject site has been discussed with Council’s Development Engineer and it has been agreed that as the rear yard is largely hard stand, the requested 150mm high concrete kerb is fair and reasonable. Recommended Part 1, Condition 4 relates to the required kerb. (c) Fencing The submission raises objection to the replacement of well maintained existing side boundary fencing. Comment: The submitted drawings do not indicate that the proposed development involves the replacement of any side boundary fences. Following the receipt of amended architectural drawings, the application was re-advertised during the period 17 August to 1 September 2011. During this period one submission was received. This submission came from the same person who made the objection to the original design. The issues raised in this submission are as follows: (aa) Car Parking The submission identified confusion as to the number of car parking spaces proposed as part of the development. Comment: The development as currently advertised contained off-street car parking for seven (7) cars. The original application included Shadow Drawings which showed only five (5) car parking spaces on the site. Subsequent discussion with the applicant resulted in a redesign of the car parking layout to now provide for seven (7) car spaces. The objector is correct in that the Shadow Drawings only include five (5)



car spaces, however, as it is not Council practice to stamp shadow drawings as part of the approved drawings, and therefore no useful purpose would be achieved by requiring the Shadow Drawings to be amended simply in respect of the car parking spaces. In addition, recommended Condition 8 specifically identifies the need to provide seven (7) car parking spaces within the site. (bb) Stormwater The submission requests the construction of a 150mm high concrete kerb along the property boundary with No 164 Shaftsbury Road to prevent flow of stormwater into No. 164 Shaftsbury Road. Comment: The matter of a kerb along side the driveway to retain stormwater within the subject site has been discussed with Council’s Development Engineer and it has been agreed that as the rear yard is largely hard stand, the requested 150mm high concrete kerb is fair and reasonable. Recommended Part 1, Condition 4 relates to the required kerb. (cc) On-site Detention tank in road widening area. Comment: The submission correctly identifies that a very small section of the south-eastern corner of the on-site stormwater detention tank is on land reserved for road widening. Recommended Part 1, Condition 3 relates to correction of this situation. 8. Clause 4.6 RLEP 2010 objection required? Not required. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Local Environmental Plan 2010

Zoning Part R2 – Low Density Residential and part SP2 – Infrastructure (Classified Road) under Ryde Local Environmental Plan 2010 (RLEP). The SP2 affectation of the subject site is limited to approximately 1.5m² located at the south-eastern corner of the site. The proposed development is not proposed to impact upon this small portion of the site. This area of land is proposed to be landscaped, however, under the landscaping is the on-site detention tank. Recommended Part 1, Condition 3 requires the on-site detention tank to be relocated clear of the area affected by the SP2 zoning. The practical result of this condition will be a very minor relocation/redesign of the south-eastern corner of the stormwater detention tank. The proposed development is defined as “health consulting rooms” under the RLEP, is a permitted form of development in the R2 zoning, with the consent of the consent authority.



The RLEP definition of “health consulting rooms” is as follows:

health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.

As can be seen from the above definition, the health consulting rooms definition includes the dwelling-house component, which is proposed on the first floor of the development. Objectives The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. The objectives for the R2 Low Density Residential zone are as follows: • To provide for the housing needs of the community within a low density residential

environment. The proposal does include a dwelling house and as such is consistent with the low density residential environment of the locality. • To enable other land uses that provides facilities or services to meet the day to

day needs of residents. The proposed health consulting rooms, which will include an eye specialist and a dermatologist, will provide day to day medical services to the surrounding residential neighbourhood. • To ensure that the general low density nature of the zone is retained and that

development for the purposes of dual occupancy (attached) and multi dwelling housing do not significantly alter the character of a location or neighbourhood.

The bulk, scale and massing of the development is generally consistent with that of a two-storey dwelling-house and as such aligns with the low density nature of the locality. • To ensure that new development complements or enhances the local streetscape. The development will present to Shaftsbury Road as a part single storey, part two-storey building and as such will compliment in a positive manner, the local streetscape. • To maintain on sites with varying topography the two storey pitched roof form

character of dwelling houses and dual occupancy (attached) developments. The development is consistent with this objective.



• To ensure that land uses are compatible with the character of the area and

responsive to community needs. The proposal includes health consulting rooms for two medical practitioners, and as such provides a service that is responsive to the local community needs.

The proposal is considered to comply with the zone objectives for the R2 zone. Clause 4.3(2) This clause identifies a 9.5m overall height limit for buildings. The proposed development will rise to an overall height of 8.3m and as such complies with the provisions of this clause. Clause 5.10(4) This sub-clause relates to development in proximity to heritage listed items. The subject site is in proximity to existing heritage listed buildings at 24 Rutledge Street, 29 Clanalpine Street and 269 Rowe Street. Council’s Heritage Officer has considered the proposed development under the provisions of Clause 5.10(4) of the RLEP 2010 and raised no objection to the proposal. Clauses 5.1 and 5.1A These clauses apply to land intended to be acquired for a public purpose. The critical component of the clauses is that the site needs to be identified on the Land Reservation Acquisition Map contained within the RLEP. Although a very small portion of the subject site is zoned SP2 – Infrastructure (Classified Road) under the RLEP, the subject site is not included in the Land Reservation Acquisition Map and accordingly the provisions of clauses 5.1 and 5.1A do not apply to the proposed development. (b) Relevant SEPPs State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 The development is identified under the Environmental Planning and Assessment Regulation 2000 as a BASIX Affected Building. As such, a BASIX Certificate has been prepared (No. 364241M dated 18 March 2011) which provides the development with a satisfactory target rating.



Any approval would include an appropriate condition that would require compliance with the BASIX commitments detailed within the Certificate. (Condition 3 relates) (c) Relevant REPs No relevant plans. (d) Any draft LEPs No draft plans. (e) Any DCP (e.g. dwelling house, villa) Ryde DCP 2010; 1. The proposed development relates to the construction of a mixed use

development with health consulting rooms on the ground floor and a dwelling on the first floor. Although the application indicates that the two medical specialists who will practice in the ground floor rooms will be Dr Sehu an eye specialist, and his wife Dr Mei Tan, and they will reside in the first floor dwelling, the first floor dwelling can simply be separated from the medical rooms and let as a separate dwelling. Accordingly, the following assessment is based upon there being no link between occupants of the ground floor medical practice and the first floor dwelling.

2. DCP 2010 does not contain controls relevant to a health consulting room as

defined in the RLEP. It is not relevant to apply the provisions of Part 3.3 of DCP 2010 – Dwelling Houses and Dual Occupancies (attached), as the development does not meet the definition of this type of development. However, it is necessary to undertake a merit based assessment of the application, and in identified areas, the controls contained in Part 3.3 of DCP 2010 are utilised with an explanation.

(A) Floor space ratio Ground floor: 171.0m² First floor: 114.5m² TOTAL: 285.5m² Floor space ratio is 0.41:1 (285.5 ÷ 688.3 = 0.41) The permissible maximum floor space ratio for a dwelling is 0.5:1, and although the proposal is not being directly assessed against the dwelling-house controls, this gives a guide as to a acceptable bulk and scale of a building in the R2 Low Density Residential zoning. The proposal is considered to be acceptable in respect of floor space ratio.



(B) Overall height Refer to consideration of clause 4.3(2) of RLEP 2010. (C) Car parking facilities The proposed development contains two elements that require assessment in respect of car parking. They are the health consulting rooms and the dwelling. Part 9.3 of DCP 2010 requires:

Component of proposal Required Dwelling 2 spaces Health consulting rooms 5 spaces ( 2 for doctors, 1 for

employee and 2 for patients) TOTAL 7 spaces

The proposal contains seven (7) off-street car parking spaces. Recommended condition 8 reinforces the requirement to provide seven (7) car parking spaces within the site. Compliance has been achieved to this control. (D) Relevant controls contained in DCP 2010 – Part 3.3, for a building in

a residential zone

DCP Control

Proposal

Compliance

2.1 Desired Future Character Development is to be consistent with the desired future character of the low density residential areas.

The two-storey buildings are consistent with the desired future character of the locality.

Yes

2.4 Public Domain Amenity 2.4.1 Streetscape - Front doors and windows are

to face the street. Side entries to be clearly apparent.

- Single storey entrance porticos.

- Articulated street facades.

Front door and windows face street.

Single-storey entry portico. Articulated street façade.

Yes

Yes

Yes



DCP Control

Proposal

Compliance

Wall plate (Ceiling Height) - 7.5m max above FGL or - 8m max to top of parapet

NB: TOW = Top of Wall EGL = Existing Ground Level FGL = Finished Ground Level

TOW Height (max)= 5.6m

Yes

9.5m Overall Height NB: EGL = Existing Ground Level

Overall Height (max)= 7.8m

Yes

Habitable rooms to have 2.4m floor to ceiling height (min).

Ground: 2.86m First floor: 2.5m

Yes

2.8 Setbacks 2.8.2 Side Two storey dwelling - 0.9m for ground floor - 1.5m for first floor

Setback 1 (South) Ground floor min – 0.9m First floor min – 1.7m Setback 2 (North) Ground floor min – 3.3m First floor min – 3.3m

Yes

2.8.1 Front - 6m to façade (generally)

8.0m to the façade of the building. The proposed development involves retention of portion of the existing front façade and hence retaining the current front setback distance.

Yes

2.8.3 Rear - 8m to rear of dwelling OR

25% of the length of the site, whichever is greater.

Note: 12.57m is 25% of the average length of lot.

21.8m

Yes



DCP Control

Proposal

Compliance

Part 7.1 - Energy Smart, Water Wise These requirements have been overtaken by BASIX Certificate. BASIX Certificate No. 364241M dated 18 March 2011 has been submitted with the application. Part 7.2- Waste Minimisation & Management Submission of a Waste Management Plan in accordance with Part 7.2 of DCP 2010.

The applicant has submitted a Waste Management Plan in accordance with Part 7.2 of DCP 2010.

Yes

Part 8.2 - Stormwater Management Stormwater Drainage is to be piped in accordance with Part 8.2 - Stormwater Management.

Council’s Development Engineer has recommended approval of the application, subject to conditions.

Yes

Part 9.2- Access for People with Disabilities Accessible path required from the street to the front door, where the level of land permits.

Due to site levels four existing steps to access the front door are retained. However, a condition of consent (No. 33) is proposed to ensure a ramp is provided to the front door. This will result is adequate access to the building for all members of the community.

Yes

(E) Private open space

The proposed development includes a landscaped, private open space area in the rear yard, having an area of 42m². Whilst it is not possible to physically link the private open space to the first floor dwelling, the proposed private open space will gain good levels of mid-winter solar access, and is a practical size to provide good passive recreational facilities for the residents of the dwelling. Given the circumstances of the application and the need to provide off-street car parking in the rear yard, the proposed private open space area is considered to be reasonable.

(F) Likely impacts on adjoining dwellings

There are no opportunities for overviewing of the adjoining dwellings from the proposed first floor dwelling.



The only identifiable impact could be the passage of motor vehicles along the driveway adjacent to the northern boundary. Given that the proposed hours of operation are 8.00am to 6.00pm Mondays to Fridays and 8.00am to 2.00pm Saturdays, and each patient mostly has an hour appointment, the amount of traffic to the rear yard car parking area should be low, and any ensuing impact upon the amenity of the adjoining dwelling is likely to be negligible.

(G) Solar access

The submitted mid-winter shadow drawings identify that the adjoining dwelling at No. 160 Shaftsbury Road will receive significant mid-winter shadow impact, however, the private open space area will receive solar access during the mid-winter afternoon. The east-west orientation of the subject site makes it difficult to design a building that does not cast significant mid-winter shadow impacts on No. 160 Shaftsbury Road. On the basis of the orientation of the subject site, and the footprint of the proposed building being similar to that of a two-storey dwelling-house, it is unlikely that a better design outcome can be achieved in respect of shadow impact upon No. 160 Shaftsbury Road.

(H) External finishes

The proposed development will consist of brick veneer construction with Colorbond metal roofing. This arrangement is considered to be reasonable for the locality.

10. Likely impacts of the Development (a) Built Environment All relevant issues regarding the likely impacts of the development have been discussed throughout this report. It is considered that the development is acceptable and suitable for approval, subject to the conditions ATTACHED (Attachment 1). (b) Natural Environment The submitted Arborist’s Report details the existing trees as being: • Two (2) mature Brush Box in good condition; • One (1) Macadamia in fair condition; and • One (1) Box Elder with good health, but poor structure. The two Brush Box trees are to be retained, whilst the Macadamia and Box Elder are to be removed. Council’s Landscape Architect has raised no objection to this proposal, subject to a condition that would protect one of the Brush Box trees (Condition 32 relates).



No likely adverse impacts upon the local natural environment have been identified as a result of the proposal. 11. Suitability of the site for the development A review of Council’s Land Information mapping system shows that there are no constraints (such as overland stormwater flow, bushfire affectation etc) that would render the land unsuitable for the proposed development. 12. The Public Interest Subject to the conditions included in the recommendation of this report, there are no issues with regard to public interest that should preclude a favourable determination of this application. The provision of additional health consulting rooms in the area is considered to be in the public interest. 13. Consultation – Internal and External Internal Referrals

Development Engineer: The following comments have been provided by Council’s Development Engineer:

The site of this development on the western side of Shaftsbury Road has a fall to the street. The applicant is proposing a large car parking/ driveway area on the site as well as the significant roof area. The proposal to provide adequate on site stormwater detention within the front setback has not been successful and in further examination cannot be achieved. Extended discussions have taken place with the applicant in an effort to find a suitable option and the applicant has now agreed to provide a split system where the roof runoff is contained within rainwater storage tanks adjacent to the building and the runoff from the carparking area and driveway is contained in a shallow basin in the front setback. The design of this will be subject to a deferred commencement condition. Discharge from both systems will be directed to the top of Councils pit in the street Vehicular access is along the northern side of the building to a car park at the rear of the site and the spaces provided generally comply with the requirements of AS 2890. There are now no engineering objections to the proposed development subject to conditions.



Note: Council’s Development Engineers has advised that the proposed development will exceed Council’s requirements in terms of impervious area. The development proposes 83% impervious area which exceeds Council’s maximum of 65%. The OSD design is capable of being modified to accommodate for the increase in impervious area. (See deferred commencement condition 1). The proposed development is a permitted use in the zoning. To accommodate the required car parking and ensuring that the development does not have an adverse impact on the streetscape, the car parking has been provided at the rear of the site. Although there is a variation in the amount of impervious area, this is acceptable in terms of engineering as well as in the provision of on site car parking. The recommended conditions of consent will ensure there are no adverse impacts on locality in regard to stormwater runoff or traffic and parking as a result of this development. Landscape Architect: The following comments have been provided by Council’s Landscape Architect:

The site was accessed and inspected 9th June, 2011. I have also reviewed development documentation including an arborist’s report prepared by Sue Wiley of Tree Talk Arboricultural Consulting dated February 2011, and a landscape plan prepared by Ecodesign dated 16th March 2011. The arborist has identified two (2) Brush Box, one (1) Macadamia, one (1) Box Elder and a neighbouring cypress. The two Brush Box are to be retained, however the Box Elder and the Macadamia are to be removed for carparking spaces and manoeuvring.



Construction impacts: Brush Box 1, will have a significant area of its Tree Protection Zone paved to provide carparking spaces within the rear yard. From my calculation it will involve some degree of cutting as well. The tree maybe young enough to adapt to the modification, and I have included a condition requiring porous paving to allow moisture penetration into the root zone. If the tree does not survive in the long term the adjacent Brush Box 2 is in a significantly better position and will be mostly unaffected by proposed works, and this tree alone at maturity will provide sufficient canopy and amenity. I have no issue with the removal of the Box Elder on the rear boundary or the Macadamia as documented in the arborist’s report. Due to the reduction in soft landscape area and the retention of existing trees there is no further need or opportunity for additional tree planting. Given these limitations the landscape plan is regarded as satisfactory. Conclusion Assuming that the paving of the rear yard is an allowable use, then I have no objection to the removal of the nominated trees, subject to the following condition being attached. Condition Schedule of removal/retention of existing trees and the installation of tree protection measures are to be in accordance with the arborist’s report prepared by Sue Wiley of Tree Talk Arboricultural Consulting, dated February, 2011. In addition to its recommendations, carparking space no 4 and the adjacent turning area directly north of Brush Box 1 (Lophostemon confertus)is to be paved using permeable concrete pavers, to maintain porosity into the root zone of the subject tree.



Recommended condition 32 relates to this matter.

Building Surveyor: Council’s Building Surveyor has raised no objection to the proposal, subject to the imposition of 27 conditions. Environmental Health Officer: Council’s Environmental Health Officer states:

No ongoing waste management plan appears to have been submitted with the application and hence there is no indication that clinical waste services will be required even though this will almost certainly be the case. There is however ample space to manage this and other general waste on the site. There is no indication that X-Ray equipment will be used. RECOMMENDATION: That the Manager Assessment be advised the proposal will be satisfactory subject to conditions.

Traffic Engineer: Council’s Traffic Engineer has provided the following comments:

Comments for LDA for doctor’s surgery and residential block are as follows: • Proposal to the existing house be demolished and new consulting (Specialist

Doctors) rooms be constructed with an apartment on first floor as residence. • The two bedroom apartment is to be occupied by the owners and practising

doctors. • That all vehicles should enter and exit the property in forward direction and a

sign needs to be installed facing all drivers using this parking area. • The proposed practice is going to be operated by specialist doctors and each

patient would probably take around one hour to be checked by the doctor, the effect on traffic on the adjoining street will be minimal.

• The proposed development will provide off-street car parking facility for five (5) vehicles in total and not comply with Council DCP 2006 - Section 9.3 Car

Parking which requires seven (7) spaces on site. • One of these car spaces is designated disabled parking and wheelchair ramp

access is provided to the ground level consulting rooms and two (2) will be stacked parking.

• The existing driveway access on the northern side of the property accessing

Shaftsbury Road is to be widened to accommodate vehicle passing/storage access of the site.



• The parking facility/area will basically provide 90 degree parking and is in

accordance with AS/NZ 2890.1 (2004) Parking Facilities - Part 1: Off-street car parking and

• The applicant be requested to provide parking facility for two bicycles on site.

Note: Recommended conditions 8(a) and 8(b) relate to on-site car parking facilities as well as bicycle parking stands. Heritage Officer: Council’s Heritage Officer has raised no objection to the proposed development. External Referrals Nil. 14. Critical Dates

There are no critical deadlines to be met. 15. Financial Impact There are no financial implications in respect of this application. 16. Other Options The alternative of refusing the application is a matter for Council, but has not been recommended given that the proposal is generally satisfactory when assessed against the relevant controls. 17. Conclusion The proposal has been assessed against the Heads of Consideration listed in Section 79C of the Environmental Planning and Assessment Act 1979. The application has been advertised/notified to adjoining owners in accordance with Council’s Notification DCP and one submission was received. The issues raised in the submission relate to traffic and noise in respect of adjoining residential property, stormwater disposal, fencing and privacy. Each of these issues has previously been discussed. On balanced consideration against the requirements of the RLEP 2010 and DCP 2010, the application is considered to be satisfactory in terms the relevant standards. Accordingly, the application is recommended for approval subject to conditions which address, where appropriate, the objector’s concerns.



ATTACHMENT 1

Recommended conditions of consent. 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 a revised drainage plan is submitted to and

approved by Council that provides for an above ground tank on site detention system for the roof area and a shallow surface storage basin for the remainder of the impervious surfaces on the site. Both systems shall be sized in accordance with the requirements of DCP 2010 section 8.2 with the exception that the volume of the surface basin shall be based on the impervious area only.

2. A revised landscape plan shall be submitted and approved that reflects the changes to

the car parking and drainage system. 3. The revised on-site detention systems detailed in Condition 1 shall be located so as to

be clear of the portion of the site zoned SP 2 – Infrastructure under the Ryde Local Environmental Plan 2010.

4. The revised drainage plan detailed in Condition 1 shall include a 150mm high concrete

kerb to be constructed along the site’s northern boundary, between the site’s rear boundary and the front of the proposed building.

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). CONDITIONS OF CONSENT 1. Development is to be carried out in accordance with the following drawings and

documentation: • The following drawings prepared by Actron Design Pty Ltd:

Drawing No. Date Issue

A01 8.7.2011 A 1085 Sheet 2 6.7.2011 1085 Sheet 3 7.6.2011 1085 Sheet 4 7.6.2011 1085 Sheet 5 7.6.2011 1085 Sheet 6 7.6.2010

• Landscape Plan No. L-01(F) prepared by Ecodesign, dated 25.7.2011.

• Statement of Environmental Effects prepared by the applicant dated March 2011.



2. Compliance with the Building Code of Australia

a) 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)

b) 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).

3. Full compliance with the provisions of BASIX Certificate No. 364241M dated 18

March 2011. Any architectural and/or fixture changes to the development will require the submission of a new BASIX certificate. Please note that modifications may require the submission of a Section 96 application in accordance with the Environmental Planning & Assessment Act as well as a new BASIX Certificate.

4. 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 1999 and City of Ryde Development Control Plan 2010 Section 8 except as amended by other conditions.

5. Service Alterations. All mains, services, poles, etc., which require alteration shall be

altered at the applicant’s expense. 6. 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. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.

7. Council Inspections. A Council engineer must inspect the stormwater connection to

the existing Council stormwater pipeline. Council shall be notified when the collar connection has been made to the pipe and an inspection must be made before the property service line is connected to the collar. The property service line must not be connected directly to Council’s pipeline. An inspection fee of $134.00 shall be paid to Council prior to the issue of the Construction Certificate

8. (a) Car Parking.

All internal driveways, vehicle turning areas, garage opening widths and parking space dimensions shall comply with AS 2890.1 (2004). The Construction Certificate application shall include advice from a suitably qualified traffic engineer advising that the layout of the car parking area, including dimensions of car parking spaces is in compliance with AS 2890.1 (2004). A minimum of 7 off-street car parking spaces are to be provided in the development. A suitable sign



shall be installed facing vehicles exiting the site requiring all vehicles to exit in a forward direction.

(b) Bicycle Facility.

Storage facilities for at least two bicycles shall be provided within the car parking area at the rear of the building. Details of the bicycle storage area shall be included on the Construction Certificate drawings.

Mechanical Ventilation: 9. 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 or an approved system of mechanical ventilation.

Plumbing and Drainage Work: 10. Plumbing and drainage work - All plumbing and drainage work must be carried out

in accordance with the requirements of Sydney Water Corporation. Noise Pollution: 11. Noise and vibration from plant and equipment - Unless otherwise provided in this

consent, 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 at, or computed for, the most affected point, on or within the boundary of the most affected receiver. Modifying factor corrections must be applied for tonal, impulsive, low frequency or intermittent noise in accordance with the New South Wales Industrial Noise Policy (EPA, 2000).

(b) An internal noise level in any adjoining occupancy that exceeds the recommended design sound levels specified in Australian/New Zealand Standard AS/NZS 2107:2000 Acoustics – Recommended design sound levels and reverberation times for building interiors.

(c) The transmission of vibration to any place of different occupancy.

Health Consulting Rooms: 12. Hand washing facilities - A hand basin fitted with hands-free taps and supplied with

hot and cold running water through a common spout must be provided in a readily accessible location in each consulting room.

13. Tiling of walls - The walls adjacent to each hand basin must be finished with evenly

laid glazed tiles or similar smooth-faced impervious material to a height of 450mm above the top of the basin.

Procedure Rooms: 14. Floors of procedure rooms - The floors of all procedure rooms must be constructed

of a durable, impervious material that is non-slip and capable of being easily cleaned.



15. Work surfaces in procedure rooms - All work surfaces in procedure rooms must be

constructed of, or covered with, material that is durable, smooth, impervious to moisture and capable of being easily cleaned.

16. Excavations and backfilling

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

b) 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.

17. 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.

b) adequate provision must be made for drainage. 18. Support for neighbouring buildings

If the soil conditions require it:

a) 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: i) must preserve and protect the building from damage, and ii) if necessary, must underpin and support the building in an approved

manner, and iii) 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.

b) 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.

c) In this clause, “allotment of land” includes a public road and any other public place.

19. Protection of Public Places

a) If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.



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

hazardous to persons in the public place. d) Any such hoarding, fence or awning is to be removed when the work has been

completed.

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 20. Prior to commencing any construction works, the following provisions of the

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

a) A Construction Certificate is to be obtained in accordance with Section 81A

(2)(a) of the Act. b) 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.

c) 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.

21. 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). 22. 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 and Plumbing then Quick Check 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.



Essential fire services 23. A "Fire Safety Schedule" specifying the fire safety measures that are currently

implemented in the building premises and 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.

24. 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 DCP 2006, Part 8.1 – Construction Activities.

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. 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 Landcom. 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.

27. 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).

28. 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.



29. A security deposit (dwelling houses with delivery of bricks or concrete or machine

excavation) is to be paid to Council (Public Works and Services Group) as well as the Infrastructure Restoration and Administration Fee. Please refer to Council's Management Plan for the current fee amounts.

30. Documentary evidence of compliance with Conditions 42 to 44 (incl) to the

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

Mechanical Ventilation: 31. Mechanical ventilation details - 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 application for the Construction Certificate. Such details must include: (a) Certified plans of the proposed work, with any alterations coloured to distinguish

between new and existing work; (b) A site survey plan showing the location of all proposed air intakes and exhaust

outlets on the site, and any existing cooling towers, air intakes, exhaust outlets and natural ventilation openings in the vicinity;

(c) A Mechanical Services Design from a suitably qualified practising mechanical engineer certifying that the new/altered mechanical ventilation system(s) will comply with the Building Code of Australia, the Public Health Act 1991 and any relevant conditions of consent; and

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

32. The schedule of removal/retention of existing trees and the installation of tree

protection measures are to be in accordance with the Arborist’s report prepared by Sue Wiley of Tree Talk Arboricultural Consulting, dated February 2011. In addition to the identified recommendation, car parking space No. 5 and the adjacent turning area directly north of the Brush Box 1 (Lophostemon confertus) shall be paved using permeable concrete pavers, to maintain porosity into the root zone of the subject tree.

33. Access: Access for people with disabilities is to be provided to and within the

development by the construction of a pedestrian ramp accessing the front door of the building, and such ramp being capable of accommodating a wheelchair. Prior to occupation of the development, a suitably qualified access consultant is to certify that the development complies with Australian Standard 1428 and the Building Code of Australia.

No patient access to the premises shall be permitted through the rear ground floor door. This door shall remain locked at all times, and a suitable sign shall be erected on the door directing patients to the front of the premises.



PRIOR TO COMMENCEMENT 34. The Principal Certifying Authority 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 City of Ryde's DCP 2010, Part 8.1 - “Construction Activities”:

• Sediment control measures. • Security fencing. • Materials or waste containers upon the footway or road. • PCA and principal contractor (the coordinator of the building work) signage and

site toilets. 35. Council is to be notified in writing before work commences - The applicant must

notify Council of the following particulars in writing at least seven (7) working days before demolition work commences: • the name, address, telephone contact details and licence number of the person

responsible for carrying out the work; and • the date the work is due to commence and the expected completion date.

36. Notification of neighbouring residents - At least seven (7) days before demolition

work commences the applicant must notify the occupiers of all neighbouring premises of the date the work is due to commence by placing a written notice in the letter box of each premises.

37. Site security - Security fencing must be provided around the perimeter of the site,

and other precautions taken, to prevent unauthorised entry to the site during the demolition and construction period.

38. Compliance Certificate. A Compliance Certificate should be obtained confirming

that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2010: - Part 8.1; Construction Activities

39. Dial 1100 Before You Dig’

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgment of an application for a Construction Certificate if this is the case.

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

Council’s Development Control Plan 42 for Construction Activities.



41. 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.

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.

DURING DEMOLITION 42. In relation to demolition, all work is to be carried out in accordance with the

requirements of AS 2601 (The Demolition of Structures). 43. 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.

44. 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.

DURING CONSTRUCTION 45. The occasions on which building work must be inspected are:

a) after excavation for, and prior to the placement of, any footings b) prior to pouring any in-situ reinforced concrete building element c) prior to covering of the framework for any floor, wall, roof or other building

element d) prior to covering waterproofing in any wet areas e) prior to covering any stormwater drainage connections f) 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 critical stage inspections must be carried out.



46. If any changes are made to the waste management plan, a new waste management

plan must be submitted to and approved by Council. The new plan must include the types and estimated volumes of waste materials that will be generated; the proposed method of reuse, recycling or disposal; and the name and address of the recycling facility or landfill site if the waste is to be recycled or disposed of off site. Reuse and recycling must be maximised.

47. 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 critical stage inspections must be carried out.

48. Lighting if installed is to be arranged in such a manner as not to interfere with the

comfort and enjoyment of the neighbourhood. 49. Council recommends that a Registered Surveyors check survey certificate 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) After excavation work for the footings, but prior to pouring of concrete, showing

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

building and the boundary setbacks. 50. Concrete wastes must be collected, stored and treated in accordance with the

Concrete Wastes guide published by the Environment Protection Authority. 51. Only unpolluted water is to be discharged to Council’s stormwater drainage system. 52. 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.

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

the natural ground level. 54. 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.

55. No spoil, stockpiles, building or demolition material is to be placed on any public road,

footpath, park or Council owned land.



56. Site toilets shall be provided in accordance with the WorkCover Code of Practice

entitled “Amenities for Construction Work”. 57. A site works plan indicating compliance with Council’s DCP 2010, Part 8.1 –

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.

58. 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.

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 shall be submitted with the Construction Certificate application.

Subsoil drainage from the outlet control pit must be contained within the property. The discharge from the roof drainage system must connect to the outlet line downstream of the surface basin. A landscaped strip within the detention basin shall be provided between the public footpath and also the driveway. The outlet line may only be connected to the top of Council’s pipeline.

PRIOR TO OCCUPATION CERTIFICATE 59. An Occupation Certificate must be obtained from the Principal Certifying Authority

(PCA) and a copy furnished to Council in accordance with Clause 151 of the Environmental Planning and Assessment Regulation 2000 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.

60. Compliance Certificates – Engineering. Compliance Certificates should 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 section 4.



• Confirming that the driveway is constructed in accordance with the construction

plan requirements and Ryde City Development Control Plan 2010: - Part 8.3; Driveways.

• Confirming that the constructed internal car park and associated drainage complies with AS 2890, the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria – 1999 section 4 and Development Control Plan 2010: - Part 8.2; Stormwater Management

• Confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and City of Ryde, Development Control Plan 2010: - Part 8.2; Stormwater Management

• 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 to 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).

61. 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 City of Ryde, Development Control Plan 2010: - Part 8.2; Stormwater Management. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed City of Ryde OSD certification form.

62. Positive Covenant, OSD. The creation of a Positive Covenant under Section 88 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 88E instrument for Maintenance of Stormwater Detention Systems and to the satisfaction of Council.

63. 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

Mechanical Ventilation: 64. Certification of mechanical ventilation work - A Mechanical Services Completion

and Performance Certificate from a suitably qualified practising mechanical engineer certifying that all new/altered mechanical ventilation systems have been installed in accordance with the approved plans and specifications and comply with the Building Code of Australia, the Public Health Act 1991 and any relevant conditions of consent



must be submitted to the Principal Certifying Authority before the issue of an Occupation Certificate.

Essential fire services 65. A Fire Safety Certificate/s from a suitably qualified person/s is to be submitted to

Council or an accredited certifier (and Council, if Council is not the PCA or an accredited certifier) for all the essential services installed in the building in accordance with Clauses 170 and 171 of the Environmental Planning and Assessment Regulation 2000.

On completion of the building work and prior to an Occupation Certificate being issued, the owner of the building must provide to the Consent Authority (ie Ryde City Council) a Fire Safety Certificate from a competent person with respect to each essential fire safety measure.

POST OCCUPATION CERTIFICATE 66. Within 2 days of issuing a final Occupation Certificate, the Principal Certifying Authority (PCA) is required to generate a BASIX Completion Receipt in accordance

with the provisions of the EP & A Regulation 2000. The PCA is to refer to the BASIX Completion Receipt tool at www.basix.nsw.gov.au/administration/login.jsp in order to generate the BASIX Completion Receipt and a printed copy of the receipt is to be placed on the PCA file.

ON GOING REQUIREMENTS Waste Storage and Handling Facilities: 67. Storage and disposal of wastes - All wastes generated on the premises must be

stored and disposed of in an environmentally acceptable manner. 68. Waste containers - An adequate number of suitable waste containers must be kept

on the premises for the storage of garbage and trade waste. 69. Garbage containers - All waste containers used for the storage of garbage or

putrescible wastes must be constructed of a rigid impervious material that is capable of being effectively cleaned, leak-proof and fitted with a vermin-proof lid.

70. Clinical wastes - The occupier must enter into an agreement with a licensed waste

transporter for the collection and disposal of clinical wastes generated on the premises, and a copy of the service contract must be provided to Council on request.

71. Used sharps - Used sharps must be placed into a sharps container immediately after

use. The container must comply with the requirements of Australian Standards AS 4031-1992 ‘Non-reusable containers for the collection of sharp medical items used in health care areas’ or AS 4261-1994 ‘Reusable containers for the collection of sharp medical items used in health care areas’ and be securely sealed with a lid before disposal.



72. Non-sharps clinical wastes - Non-sharps clinical wastes must be placed in a

dedicated waste container with a yellow plastic liner clearly labelled ‘contaminated waste’.

73. Storage of clinical wastes - All clinical wastes must be stored in a cool dry secure

place until collected by the waste transporter. 74. Transfer of waste containers to emptying point - Staff or contractors must be

employed to take the waste containers from garbage room to the container emptying point for servicing and to return the containers to the garbage room after servicing.

75. Maintenance of waste storage areas - All waste storage areas must be maintained

in a clean and tidy condition at all times. Noise Pollution: 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. Hours of operation – The hours of operation of the health consulting rooms shall be

limited to the period 8.00am to 6.00pm Mondays to Fridays and 8.00am to 2.00pm on Saturdays.

End of Consent.















Documents

Planning and Environment Committee - City of Ryde · 2016-01-19 · Planning and Environment Committee Page 5 ITEM 2 (continued) ATTACHMENT 1 Agenda of the Planning and Environment