blue mountains local planning panel item no: 3.1 23 july … lpp repo… · blue mountains local...
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BLUE MOUNTAINS LOCAL PLANNING PANEL
ITEM NO: 3.1– 23 JULY 2018
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ITEM No. 3.1
REPORT: DEVELOPMENT APPLICATION No. X/184/2018 for a dual occupancy and
one into two lot subdivision at 38 Old Bathurst Road, BLAXLAND NSW
2774
Reason for report The land owner/applicant is a member of Council staff who is principally involved
in the exercise of Council’s functions under the Environmental Planning and
Assessment Act 1979.
RECOMMENDATION That Development Application X/184/2018 for a dual occupancy and one into
two lot subdivision at 38 Old Bathurst Road, BLAXLAND NSW 2774 be
determined in accordance with s4.16 of the Environmental Planning and
Assessment Act 1979, by the granting of consent subject to the conditions stated
in Part 3 of this report.
Reason/s in support of
the recommended
decision
1. The development is consistent with the objectives of the R2 Low Density
Residential zone.
2. The development is on a corner site and contains no environmental or
heritage constraints.
3. The development is located close to services and shops and is in a high
demand area for housing.
4. The development is compatible with the range of medium density, dual
occupancy and single dwelling developments in the vicinity.
5. The development complies with all planning and development controls and
standards with the exception of a minor variation to the minimum lot size for
detached dual occupancies, which is considered justified and consistent
with environmental planning outcomes envisaged for the site.
Disclosure Disclosure of any political donation and/or gift - No
Declaration of interest Yes – Council staff
Report author/s Senior Development Assessment Officer – Frances Kelly
Executive Principal, Planning – Alex Williams
Manager, Development & Planning Services – Kim Barrett
Report authoriser Director, Development & Customer Services – William Langevad
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PART 1 Development proposal
PART 2 Council assessment
PART 3 Proposed conditions of consent
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PART 1: Development proposal
Applicant Mr P G Masters
Land owner Mr P G Masters
Location 38 Old Bathurst Road, BLAXLAND NSW 2774
Lot & DP L 1 DP 119169
Date lodged 06-Mar-2018
Value of works $198,000
Proposal in detail The development application seeks approval for a detached dual occupancy and
one into two lot Torrens title subdivision.
The dual occupancy comprises an existing dwelling and a proposed new
dwelling, both fronting Reserve Avenue. The subdivision will occur after the dual
occupancy is completed. The proposed works are summarised below.
Demolition
Demolition of a metal garden shed, metal fence and paving behind the existing
dwelling.
Existing dwelling
The existing dwelling on proposed Lot A will be upgraded for ember protection in
accordance with NSW Rural Fire Service requirements. Vehicle and pedestrian
access will remain from Reserve Avenue.
New dwelling
The proposed new dwelling on proposed Lot B will be a single storey 3 bed
dwelling with an internal two car garage. The external materials will be
weatherboard walls and Colorbond roof.
The site will be benched to ensure the dwelling and private open space area are
on flat ground. A fence will be erected between the existing and new dwelling
and the site will be landscaped. Vehicular access to the garage will be from
Reserve Avenue.
Subdivision
The one into two lot Torrens title subdivision will divide the site into the following:
Proposed Lot A – 619.54m2
Proposed Lot B – 416.64m2
Departure or variation to The applicant has lodged a request to vary the development standard 4.1B –
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a development standard Minimum Lot Sizes for Dual Occupancies.
Supporting
documentation
The plans and documents lodged are considered sufficient to enable
assessment of the application. The application is supported by:
o Architectural plans
o Landscape plan
o Concept stormwater drainage plan
o Statement of environmental effects, including clause 4.6 variation request
o Bushfire risk assessment report
Documentation online Plans to scale and key documents lodged with the application can be viewed
online. Go to www.bmcc.nsw.gov.au/development – Track and View
applications. Search and select X/184/2018.
Reduced site and elevation plans are below.
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Site plan
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Elevation plan
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PART 2: Council assessment
2.1 Overview and summary of issues
Location 38 Old Bathurst Road, BLAXLAND NSW 2774
Lot & DP L 1 DP 119169
Zoning R2 Low Density Residential
Characterisation of use Dual occupancy (detached) and subdivision
Permissibility The proposed development is permissible within the zone.
Type of development Integrated
Applicable
environmental planning
instruments and
development control
plans.
o State Environmental Planning Policy No. 55 – Remediation of Land
o State Environmental Planning Policy (Building Sustainability Index: BASIX
o Sydney Regional Environmental Planning Policy 20: Hawkesbury-Nepean
River
o Local Environmental Plan 2015
o Development Control Plan 2015
Applicable additional
local provisions
o Stormwater management
o Consideration of character and landscape
o Essential services
Bushfire prone land The property is mapped as bushfire prone.
Aboriginal and
Non-Aboriginal Heritage
The property is not listed as a place on which an identified Aboriginal object is
located or that is within an identified Aboriginal place of heritage significance.
The property is not listed as a heritage item or located within a heritage
conservation area.
Potentially
contaminated land
The land is not listed on Council’s potentially contaminated land register and
none of the activities that may cause contamination, listed in Table 1 of Planning
NSW’s Managing Land Contamination Planning Guidelines, are being or are
known to have been carried out on the site.
Site description The site is a rectangular 1036.18m2 allotment located on the corner of Old
Bathurst Road and Reserve Avenue, Blaxland. The site slopes from the eastern
boundary to Reserve Avenue in the west with an average fall of 12.5%.
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The site is developed with a single storey brick and fibro dwelling with tiled roof
and a rear attached garage accessed from Reserve Avenue. A metal garden
shed is north of the dwelling and the site is landscaped with mature trees, shrubs
and lawn. The existing dwelling is likely to have been constructed in the 1960s
based on its style and materials.
The site is surrounded by a mix of relatively large allotments averaging 1000m2
in area, developed with single dwellings.
There are also scattered dual occupancies and medium density Seniors Living
developments in the immediate vicinity. For example a dual occupancy sits
opposite the site at 36 Old Bathurst Road and nearby Seniors Living dwellings
are at 10 Ferndale Avenue, 32 Old Bathurst Road, and 2 Rusden Road.
The site is located close to shops and services. It is approximately 150m from
the East Blaxland shopping centre and 700m from the Blaxland railway station
and overpass to the main Blaxland shopping centre on the Great Western
Highway.
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Development history /
background
The existing dwelling on the site was most likely built in the 1960s based on its
style and materials.
In 2001 consent number X/1669/2001 was granted for an above ground
swimming pool with deck. This structure was removed in 2014.
There are no other development applications on Council records relating to this
site.
City wide infrastructure
contribution
The Citywide infrastructure contribution applies. This contribution is included as
a condition of consent.
Referral authorities Comments were sought and obtained from:
o NSW Rural Fire Service
These comments have been included in the report.
Notification period The application was notified to adjoining owners and published in the local paper
for the period 21 April 2018 to 14 March 2018.
Number of submissions No submissions received.
Summary of
assessment issues
Key issues determined in the assessment are:
o Suitability of the site for the development
o Justification for variation to the minimum lot size
o Character and compatibility with surrounding development
o Access and parking
o Landscaping
Assessment issues are detailed below.
2.2 Evaluation
The application has been assessed in accordance with s4.15 of the Environmental Planning and
Assessment Act 1979 (EP&A Act). Only those provisions relevant to the proposed development have been
addressed.
State Environmental Planning Policy (SEPP) – s4.15(1)(a)(i)
The following tables provide for an assessment against the provisions of applicable State Environmental
Planning Policies.
SEPP 55 – Remediation of Land Compliance
Y/N
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SEPP 55 – Remediation of Land Compliance
Y/N
Consideration has been given to whether the land is contaminated, as required by cl.7 of the
SEPP. The land is not listed on Council’s potentially contaminated land register and none of
the activities that may cause contamination, listed in Table 1 of Planning NSW’s Managing
Land Contamination Planning Guidelines, are being or are known to have been carried out on
the site.
Y
SEPP (Building Sustainability Index: BASIX)
A BASIX Certificate has been submitted with the application – Certificate Number 906534S dated 28
February 2018.
Condition of consent A condition has been included for compliance with the commitments indicated in
the certificate.
Sydney Regional Environmental Plan No 20 – Hawkesbury-Nepean River Compliance
Y/N
The land is located in the Middle Nepean and Hawkesbury sub catchment. The proposal has
been designed to comply with general planning considerations and the specific planning
policies and related recommended strategies which are applicable to the proposed
development, including water quality, water quantity and urban development.
Y
Local Environmental Plan 2015 [LEP2015] – s4.15(1)(a)(i)
The proposed development has been assessed against the provisions of LEP 2015 with significant points
identified and discussed below.
Part 1 Preliminary
Clause Standard Discussion Compliance
Y/N
1.2
Aims of Plan
The development complies with the aims of the
plan, in particular:
(a) to maintain the unique identity and
values of the “City within a World Heritage
National Park”, and
(k) to promote the provision of accessible,
diverse and affordable housing options to
cater for the changing housing needs of the
community
Y
Part 2 Permitted or prohibited development
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Clause Standard Discussion Compliance
Y/N
Land Use
Table
Permissibility The proposed use is categorised as dual
occupancy (detached).
Dual occupancy (detached) is defined in the
Dictionary to the LEP as meaning 2 detached
dwellings on one lot of land, but does not include a
secondary dwelling.
Dual occupancy (detached) is permissible with
development consent in the zone.
The subdivision is permissible with consent (under
clause 2.6 of the LEP).
Y
2.3 Zone objectives The objectives of the zone are met, in particular
To provide for the housing needs of the community within a low density residential environment.
To promote residential development in locations that are accessible to services and facilities.
To ensure that development maintains and improves the character of residential areas in a manner that minimises impacts on existing amenity and environmental quality.
Y
Part 4 Principal development standards
Clause Standard Proposal / Discussion Compliance
Y/N
4.1B Minimum lot size for dual
occupancies
The minimum lot size for a detached dual
occupancy is 1,100m².
The site is 1,036.18m², 63.82m² below the minimum
lot size for detached dual occupancies. This
represents a variation of 5.8%.
A written justification for the variation was provided
by the applicant. An assessment of this variation is
provided under clause 4.6 below.
N see
clause 4.6
4.3 Height of buildings - 8m New dwelling: maximum 4.5m.
Existing dwelling: no change.
Y
4.4 Floor space ratio - 0.35:1 New dwelling gross floor area (GFA) = 105.37m²
Existing dwelling GFA = 135.38m².
Y
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Part 4 Principal development standards
Clause Standard Proposal / Discussion Compliance
Y/N
Total floor space ratio (FSR) = 0.23:1
Exceptions to development standards (Cl.4.6)
Exception requested The applicant has requested a variation to the minimum lot size for dual
occupancies to allow the proposed dual occupancy to be constructed on an
undersized lot.
Exclusions The development standard is not one of those excluded under 4.6(6) or 4.6(8).
Area of non-compliance 4.1B – Minimum lot size for dual occupancies.
Nature and extent of
non-compliance
The minimum lot size for a detached dual occupancy is 1,100m². The subject
site is 1036.18m². This is 63.82m² below the minimum lot size for detached dual
occupancies, representing a variation of 5.8%.
Objectives of the
standard
The objective of the standard is to achieve planned residential density in certain
zones.
Justification
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Exceptions to development standards (Cl.4.6)
Cl. 4.6(3)(a) Compliance
is unreasonable or
unnecessary
Compliance with the standard is considered unreasonable or unnecessary for
the following reasons:
o The site is a highly accessible corner lot with dual access.
o The site is only 63.82m² or 5.8% below the minimum lot size for detached
dual occupancies. This is considered a minor variation.
o The site is above the minimum 900m² lot size for an attached dual
occupancy (by 136.18m²), however an attached dual occupancy
development would present as one large elongated development, which
would likely be incompatible with the streetscape. While an attached dual
occupancy could be pursued on this site, it is considered that two small
detached dwellings are more suitable in this location.
o The site is very close to services and amenities and in an area containing a
mix of low and medium density housing. The immediate vicinity contains a
mix of large new single dwellings, smaller older single dwellings, detached
dual occupancies and Seniors Living development. The proposal would be
compatible with the surrounding development mix and streetscape.
o The suitability of the site for this style of housing in a high demand area
makes it unreasonable and unnecessary to refuse the development based
on a minor variation of minimum lot size.
o The combined floor area of both dwellings is 240.75m², representing an
FSR of 0.23:1. This is well below the maximum 0.35:1 FSR applicable to
the site.
Cl. 4.6(3)(b) Sufficient
environmental planning
grounds to justify
contravention of the
standard
It is considered there are sufficient environmental planning grounds to justify
contravention of the standard:
o No environmental or heritage constraints apply to the site.
o The site is highly suitable for the development proposal based on its
location, land form and compatibility with existing surrounding development.
o The site is fully serviced with reticulated sewer, power, communications
and stormwater available.
o The site is bushfire prone but the development is able to comply with the
NSW Rural Fire Service bush fire safety authority, which includes the
requirement for an Inner Protection Area asset protection zone over the
whole site, ember protection for the existing dwelling and for services to
comply with the Planning for Bushfire Protection guidelines 2006. The new
dwelling can also be built to the recommended BAL 12.5 standard.
In view of the lack of constraints, compatibility of the development with
surrounding development types and sizes, and suitability of the site overall, it is
considered there are sufficient environmental planning grounds to justify
contravention of the standard.
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Exceptions to development standards (Cl.4.6)
Cl. 4.6(4)(a)(ii) Public
interest, zone objectives
and objectives of the
development standard
No public benefit would be gained from refusing this particular development
based on it being 5.8% below the minimum lot size for detached dual
occupancies. This is particularly the case considering all other planning
objectives and controls are, or can be, satisfied.
The development meets the objectives of the standard. The combined floor area
of both dwellings is 240.75m², representing an FSR of 0.23:1. This is well below
the maximum 0.35:1 FSR applicable to the site. The development therefore
achieves the planned residential density in the Low Density residential zone.
The development meets the objectives of the Low Density Residential zone.
Cl. 4.6(5) Other
considerations
There are no matters of significance for State or regional environmental planning
triggered by non-compliance with the standard.
Conclusion It is considered that the variation of the development standard controlling
minimum lot size for detached dual occupancies is justified in the circumstances
of the case by reason that strict adherence to the standard will not result in an
improved outcome.
Supported Yes
Part 5 Miscellaneous provisions
Clause Standard Discussion Compliance
Y/N
5.10.8 Aboriginal places of
heritage significance
A search of the AHIMS register on the OEH website
shows no identified aboriginal sites or places on or
within 50m of the land.
Y
Part 6 Additional local provisions
Clause Standard Discussion Compliance
Y/N
6.9
Stormwater management
Stormwater from the new dwelling and associated
hardstand areas will drain to an existing Council
stormwater drainage system that runs along the
front of Reserve Avenue.
The development incorporates two 5,000 litre
combined rainwater re-use and detention tanks and
an infiltration trench in the south-west corner of the
proposed northern lot to treat and manage
stormwater run-off.
The stormwater management outcome is
Y
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Part 6 Additional local provisions
Clause Standard Discussion Compliance
Y/N
considered to comply with clause 6.9 objectives as
well as requirements to ensure post-development
water quality, quantity and flow is no worse than
pre-development stormwater outcomes.
6.14
Earthworks
The site for the new dwelling will be benched to
create a level building platform and relatively level
private open space area.
The site will be benched to a maximum depth of
1.35m at the south eastern corner of the new
building footprint, reducing to nil at the north
western corner.
Retaining walls will be constructed to retain the
excavated area and prevent any disruption to the
drainage pattern on the adjoining property to the
east.
The extent of cut and fill on the site is considered
acceptable.
Y
Clause Standard Discussion Compliance
Y/N
6.17
Consideration of
character and landscape
The proposed new dwelling house is a small single
storey dwelling, of a style and footprint similar to
many of the older style (1960s) dwellings in the
vicinity.
The new dwelling will be single storey with a
weatherboard and Colorbond roof and will be
compatible with the surrounding streetscape.
As the new dwelling sits behind the existing
dwelling, the appearance from Old Bathurst Road
will be unchanged. From Reserve Avenue the
proposed new dwelling will present as a small
dwelling on a lot with similar width to other
properties in the vicinity.
The surrounding vicinity contains a mix of low
density single dwellings, dual occupancies and
medium density Seniors Housing development.
Appropriate landscaping outcomes are required via
conditions of consent to ensure compatibility with
the low-density, leafy character of the locality.
Subject to appropriate conditions of consent, the
development is considered to be consistent with the
established character of the surrounding area.
Y
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Part 6 Additional local provisions
Clause Standard Discussion Compliance
Y/N
6.23
Essential Services
The site is fully serviced and all essential services
are available to the proposed new dwelling.
The new dwelling will be able to connect to the
sewer, stormwater drainage system and electricity
in Reserve Avenue.
An easement for below ground services from Old
Bathurst Road (town water, telecommunications
and gas) will be registered along the eastern
boundary of Proposed Lot A benefitting Proposed
Lot B. This is dealt with via a condition of consent.
Y
Proposed planning instruments – s4.15(1)(a)(ii)
There are no draft environmental planning instruments that apply to the site.
Development Control Plan 2015 – s4.15(1)(a)(iii)
The proposed development has been assessed against the provisions of the Development Control Plan 2015
with significant points of consideration not identified above, discussed in the table below.
Part B Context, site analysis and design
Clause Standard Discussion Compliance
Y/N
B1 Site and context analysis A site analysis plan was provided.
Adequate consideration has been given to the site
and context in locating and designing the
development.
Y
B2 Building envelope B2.3 Building width
The combined width of the existing and proposed
dwellings is 32m, or 62% of the Reserve Avenue
frontage. This complies with the 80% maximum
ratio of building width to site width permitted.
B2.3 Building setback
The new dwelling is set back 4.3m from the site
front boundary at Reserve Road. This is the same
distance as the adjoining existing dwelling.
This distance is also within 20% of the adjoining
Y
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Part B Context, site analysis and design
Clause Standard Discussion Compliance
Y/N
property at 75 Boorea Street which faces Reserve
Avenue and Boorea Street at an angle. The
western corner of the building is 6.5m from Reserve
Avenue.
B2.4 Site coverage and pervious area
The total site coverage of all existing and new
proposed buildings is 305m². This is 29% of the
site, well under the maximum 40% site cover
permitted under the DCP.
The total pervious area is 529m². This is 51% of the
1036.18m² site area, well over the minimum 40%
required under the DCP.
Part C Environmental management
Clause Standard Discussion Compliance
Y/N
C3 Landscaping The final landscape plan includes a mix of tall,
medium and smaller shrubs and trees, providing
screening and a landscape compatible with
surrounding development. Adequate deep soil
zones are provided. The final landscape plan has
been annotated by Council to ensure appropriate
plantings and removal or retention of existing
vegetation where shown.
Due to the benching required in proposed Lot B,
one of the major trees originally identified for
retention – T29 (Tristaniopsis laurina) cannot be
adequately protected and therefore will be
removed. The tree provides limited contribution to
the streetscape, and therefore its removal is
considered acceptable. All other trees and shrubs
outside the development footprint that have been
identified for removal were assessed as being in a
state of irreversible decline. All removed trees and
vegetation is being replaced with suitable
alternatives as shown on the landscape plan. These
are largely native trees and shrubs that are
endemic to and/or grow well in this part of the
Lower Blue Mountains.
It is considered the final plan for approval and the
attached recommended conditions of consent
satisfy the DCP landscape requirements under Part
Y
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Part C Environmental management
Clause Standard Discussion Compliance
Y/N
C3, as well as providing a positive landscape
outcome.
C4 Bushfire As the proposal involves a subdivision of bushfire
prone land, the application was sent to the NSW
Rural Fire Service as integrated development under
section 100B of the Rural Fires Act 2007.
The RFS provided a Bushfire Safety Authority dated
10 April 2018.
The RFS requirements can be met. These are:
The whole site to be treated as an Inner
Protection Area (IPA) asset protection zone.
The whole site complies with this requirement.
For water, electricity and gas supply to comply
with Planning for Bushfire Protection 2006. All
these services will be placed underground as
required.
The existing building is to be upgraded to
incorporate ember protection. This will be
carried out.
Compliance with the RFS requirements is included
as a condition in the consent.
Y
C6 Water management Stormwater from the new dwelling and associated
hardstand areas will drain to an existing Council
stormwater drainage system that runs along the
front of Reserve Avenue.
The development incorporates two 5,000 litre
combined rainwater re-use and detention tanks to
collect all roofwater. Half of this volume will be for
reuse and the other half for on-site detention. An infiltration trench in the south-west corner of the
proposed northern lot is proposed to treat and
manage stormwater run-off from the site, including
the driveway and overflow from the rainwater tanks.
Although the trench design is smaller than the DCP
requirements and less than 4m from the boundary
and building, the location is the optimum one for the
trench which is constrained by the retention of an
existing tree. This is considered an acceptable
outcome.
Y
Part E Site development and management
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Clause Standard Discussion Compliance
Y/N
E2 Traffic, parking and
access
Parking
The parking requirements for dual occupancies are
as follows:
o 1 space per dwelling with a GFA of less than
125m².
o 2 spaces per dwelling with a GFA equal to or
greater than 125m².
o Where the development proposes a change of
use from a single dwelling to a dual
occupancy, additional parking is not required
for the existing dwelling.
The new dwelling has a floor area of 105.37m². A
two car garage is proposed which can be converted
to a single accessible car space.
The existing dwelling has a floor area of 135.78m²
and has a single internal garage. No extra parking
is required for this existing dwelling.
Access and driveways
Access to both dwellings will be from Reserve
Avenue. This road is not a high pedestrian or traffic
road and vehicles will be able to safely reverse from
the site.
The existing dwelling access will remain the same.
The new dwelling will have a new sealed driveway
constructed. This will include filling the footway area
to even it out, which is supported.
Y
E3 Accessibility, adaptability
and housing choice
Pre- and post-adaptation plans are provided to
show that the proposed new dwelling is designed to
be adaptable in accordance with Australian
Standard 4299.
Y
E4 Site management The consent is conditioned to manage construction
impacts. There are no materials on the site
earmarked for demolition that contain asbestos.
However, a standard condition to deal with
asbestos and any other hazardous material
unearthed during excavation is recommended.
Y
E6 Waste management A satisfactory waste management plan has been
provided for construction waste.
There is ample room at the front of the site for the
Y
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Part E Site development and management
Clause Standard Discussion Compliance
Y/N
two Council bins to be placed there for collection
each week.
Part F Specific development types
Low Density Residential
Clause Standard Discussion Compliance
Y/N
F1.1.1 Private open space Each dwelling requires 50m² of private open space
(POS), 25m² of which is a principal area of POS.
The POS for each dwelling complies with the size
and other DCP requirements (direct access to living
areas, not on >10% slope, minimum 4m width and
not within the front setback) as shown on the
landscape plan.
The existing dwelling has its POS to the south east
of the dwelling within the setback from Old Bathurst
Road. This is considered to be a side setback for
the purposes of this provision and is considered to
be an acceptable outcome. The new dwelling has
its POS to the north.
Y
F1.1.2 Visual privacy Neither dwelling intrudes on the visual privacy of
the other subject site dwelling or on neighbouring
residences.
No windows directly overlook the POS or into
habitable room windows of the other dwelling.
Due to the lower level of the new dwelling, the
windows in the closest northern elevation of the
existing dwelling look out on to the roof of the new
dwelling. The new dwelling is below the level to
enable visual impact on the habitable room
windows of the existing dwelling.
There will be no overlooking into the adjoining
residence in 40 Old Bathurst Road to the east of
the site due to the benched floor level bringing the
window sightlines below a level that could result in
visual impact.
Existing boundary fencing and the area of private
open space prevents overlooking to the north from
the new dwelling into 75 Booera St. There are no
Y
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Part F Specific development types
Low Density Residential
Clause Standard Discussion Compliance
Y/N
neighbours to the south and west as the site is
bound by Old Bathurst Road and Reserve Avenue.
F1.1.4 Sunlight access Solar diagrams were provided with the application
as required by the DCP.
The site benching and single storey level of the
existing and new dwelling mean there is no impact
on the sunlight access of neighbouring residences.
The solar diagrams show that there will be a
minimum of 3 hours of unobstructed sunlight
between the hours of 9am and 3pm on the 21st
June into the POS and living room windows of the
dwellings.
Y
F1.1.6 Driveways and parking The design of the driveways for both dwellings
complies with the requirements of the DCP.
Y
F1.1.7 Dual occupancy Building separation
The development largely complies with the
requirement for a 6m separation between the two
dwellings with the exception of one room (a
previous kitchen extension area in the existing
dwelling) which has a 2m separation from the new
dwelling.
It is considered that this departure from the DCP
requirements is justified for the following reasons:
There are no visual privacy or sunlight access
impacts resulting from this 2m separation.
Due to the lower level of the new dwelling, the
windows in the closest northern elevation of
the existing dwelling look out on to the roof of
the new dwelling. The new dwelling is below
the level to enable visual impact on the
habitable room windows of the existing
dwelling.
The location of the new dwelling is the
optimum location on the site in terms of
providing adequate areas of private open
space and privacy between neighbouring sites
and the optimum stormwater and landscaping
outcomes.
Y
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Part F Specific development types
Low Density Residential
Clause Standard Discussion Compliance
Y/N
From the front of the site in Reserve Avenue,
the dwellings appear as two distinctly
separate dwellings as the 6m separation is
within the western part of the site facing the
road.
Orientation and appearance
The dwellings are single-storey small dwellings,
compatible with the smaller older style dwellings in
the vicinity.
There is no mirror reverse design, with the existing
and new dwelling differing significantly from each
other in design and appearance.
The landscape plan, subject to amendment via the
proposed conditions of consent, will achieve
adequate plant selection in terms of types and size
of plants.
F5.1 Subdivision The subdivision complies with the subdivision
controls in terms of regularity in shape,
accommodation of building envelope, setbacks and
minimum lot widths. Each proposed lot also
complies with the NSW RFS requirements under
Planning for Bushfire Protection 2006 and is can
legally drain to a street stormwater system.
The minimum lot size for detached dual
occupancies is the only control with which the
development does not comply and that has been
addressed as an exception to development
standards under LEP clause 4.6 above.
Y
Planning Agreement – s4.15(1)(a)(iiia)
There are no planning agreements that apply to the proposed development or the subject site.
Regulations – s4.15(1)(a)(iv)
The Environmental Planning and Assessment Regulation, provides controls and regulations that relate to the
management of the proposed development. These requirements are inherent in the assessment processes
undertaken for the proposal.
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Likely impacts – s4.15(1)(b)
Likely impacts on the natural and built environment
Natural Environment The site has no natural environmental constraints and the proposed
development will have little to no impact on the natural environment. There is no
environmentally sensitive land on the site and stormwater management
measures ensure there is no adverse impact on water quality, quantity and flow
post-development. The development application was accompanied by a valid
BASIX certificate which demonstrates the development will meet minimum water
and energy efficiency targets.
Built environment The site is unconstrained by heritage or period housing considerations, and the
design and siting of the development ensures there is no impact on the
character and streetscape. There is no adverse impact on the built environment.
Likely social impacts
It is considered that the development does not have adverse social impacts. The development provides
housing choice in an area of high housing demand.
Likely economic impacts
It is considered that the development does not have an adverse economic impact. The development will have
a marginal economic impact in employment terms, during the construction period.
Suitability of the site for the development – s4.15(1)(c)
Site suitability The site is considered suitable for the proposed development for the following
reasons:
o The site is in an existing well developed, conveniently located residential
area.
o The site is a highly accessible corner lot with dual access.
o There site has no major natural or planning constraints.
o Despite being smaller than the minimum lot size, the site is capable of
accommodating the proposed development while meeting density,
character and landscape requirements.
Submissions – s4.15(1)(d)
Notification and exhibition
Consultation was undertaken in accordance with the requirements of Part H (Public Participation) of Blue
Mountains Development Control Plan 2015 and the requirements under the Environmental Planning and
Assessment Regulations.
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Submissions – s4.15(1)(d)
Notification and exhibition
Notification The application was advertised in the Blue Mountains Gazette for 14 days from
21 March 2018 until 4 April 2018. Written notification was also sent to adjoining
and nearby properties.
No submissions were received.
Public interest – s4.15(1)(e)
Public interest No issues have arisen during the assessment that would indicate the proposed
development is not in the public interest
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PART 3 Proposed conditions of consent
General
Confirmation of relevant
plans and documentation
1. To confirm and clarify the terms of consent, the development shall be
carried out in accordance with the following plans and accompanying
supportive documentation, except as otherwise provided or modified by
the conditions of this consent:
Document Prepared by: Drawing No Issue Date
Site Plan McTavish Design 84618 A 11 April 2018
Site Benching Plan McTavish Design 84618 A 11 April 2018
Floor Plan McTavish Design 84618 A 11 April 2018
Adaptable Floor Plan &
Detail 1 & 2
McTavish Design 84618 A 11 April 2018
North and West Elevations McTavish Design 84618 A 11 April 2018
South and East Elevations McTavish Design 84618 A 11 April 2018
Sections A/B McTavish Design 84618 A 11 April 2018
Roof Plan McTavish Design 84618 A 11 April 2018
Sections A/B McTavish Design 84618 A 11 April 2018
Floor Slab Plan McTavish Design 84618 A 11 April 2018
Sections A/B McTavish Design 84618 A 11 April 2018
Landscape Plan Dapple Designs 180161 C 19 June 2018
Stormwater Plans – Sheets 1
& 2
Barker Ryan Stewart SY180092C1 B 9 May 2018
Subdivision Plan McTavish Design 84618 A 11 April 2018
Construction certificate 2. A construction certificate is required prior to the commencement of any
building works. This certificate can be issued either by Council as the
consent authority or by an accredited certifier.
Building Code of
Australia
3. All building work must be carried out in accordance with the provisions of
the Building Code of Australia.
Occupation certificate 4. The building must not be used or occupied prior to the issue of any
occupation certificate in accordance with sections 109H and 109M of the
Environmental Planning and Assessment Act 1979.
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NSW Rural Fire Service 5. The development must comply with all concurrence requirements and
conditions of the NSW Rural Fire Service Bushfire Safety Authority dated
10 April 2018, attached to and forming part of this development consent.
BASIX 6. Under clause 97A(2) of the Environmental Planning & Assessment
Regulation 2000, it is a condition of this development consent that all the
commitments listed in the BASIX Certificate for the development are
fulfilled.
In this condition:
1. Relevant BASIX Certificate means:
a) A BASIX Certificate that was applicable to the development when
this development consent was granted (or, if the development
consent is modified under section 96 of the Act, a BASIX
Certificate that is applicable to the development when this
development consent is modified); or
b) If a replacement BASIX Certificate accompanies any subsequent
application for a Construction Certificate, the replacement BASIX
Certificate; and
2. BASIX Certificate has the meaning given to that term in the
Environmental Planning & Assessment Regulation 2000.
City-wide Local
Infrastructure
Contribution
7. In accordance with the Blue Mountains City Council City-wide Local
Infrastructure Contributions Plan adopted 27 June 2017 (“the
Contributions Plan”), a contribution of $1,980 shall be paid to Council.
This amount will be adjusted* at the time of payment in accordance with
Section 3.7 of the Contributions Plan.
The contribution shall be paid prior to the issue of a construction
certificate, or commencement of the use of the land, whichever occurs
sooner.
The Contributions Plan is available for inspection at Council’s offices or
on Council’s website at www.bmcc.nsw.gov.au.
*Using the All Groups Consumer Price Index (Sydney), as published by
the Australian Bureau of Statistics. You are advised to check the current
amount payable with Council prior to any payment.
Approval under the
Roads Act 1993
8. Before work commences in Council's roads, plans and specifications are
to be submitted to and approved by the Council under the Roads Act
1993.
All works in Council's road are to be at no cost to Council.
Construction in Council’s 9.
Prior to the commencement of works in the Council’s road reserve an
onsite preconstruction meeting is to be arranged with Council’s
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roads Supervising Engineer.
The person or company carrying out the works are required to have
workers compensation and public liability insurance to the value of at
least $10 million. The policy shall indemnify the Council from all claims
arising from the execution of the works. Proof of the policy is to be
provided to the Council’s Supervising Engineer at the preconstruction
meeting.
Inspections of the works will be required at specific stages, which will be
advised at the pre-construction meeting. The applicant will be required to
pay for the inspections in accordance with the Council’s Schedule of
Fees and Charges.
A minimum 48 hours notice is required to book an inspection. Works are
not to proceed further until that stage of the works has been approved in
writing by the Council’s Supervising Engineer.
Works required in
Council’s Roads 10.
The following engineering works shall be constructed by the applicant at
the applicant’s expense:
The construction of a new layback or dish drain and apron
crossing, 150mm thick concrete with F72 mesh.
Installation of the stormwater outlet between the site and the kerb
inlet pit.
Details are to be provided with the Roads Act application for approval.
Landscape
implementation 11.
Landscaping is to be included as an integral component of the
development to enhance the amenity of the built environment and
ensure that the landscape character of the Blue Mountains is protected.
To achieve this, landscape installation including tree protection, soil
preparation, garden bed establishment, plant selection, planting
methods and mulching are to be undertaken in accordance with the
approved Landscape plan, inclusive of all Council annotations, and as
required by these conditions.
At establishment the landscape planting must demonstrate the
following:
a) integration of healthy and structurally sound retained trees and
shrubs within an enhanced landscape setting,
b) species listed as Weeds of the Blue Mountains within Part C2.3 Blue
Mountains DCP 2015 are not present within the landscaped area,
c) compensatory planting of one Eucalyptus punctata (Grey Gum)
within the deep soil zone of the new dwelling,
d) a garden setting containing a variety of climatically suitable species,
selected from the planting schedule and appropriately located in
accordance with the approved planting layout,
e) plantings which are suitably advanced, vigorous, structurally sound
and correctly installed, and
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f) street trees installed in suitable locations and adequately protected by
suitable tree guards.
At maturity, the completed landscape planting must provide:
g) a suitable garden setting complementary to the local character
established by the mature and significant Eucalyptus street trees,
h) subtle screening of the development from roadway and pedestrian
areas whilst maintaining an active street frontage,
i) appropriate screening of the development from adjoining dwellings,
j) dominant landscape elements of sufficient scale to ensure their
contribution to the visual character of the locality,
k) the adequate compensation of trees removed as a component of the
development, and
l) well established street trees free of damage and structural defects.
The person who benefits from this approval is to ensure successful and
rapid establishment and successful growth of installed plant material.
Irrigation and aftercare is to be in accordance with the approved
landscape specifications, and landscaped areas are adequately
maintained for the life of the development.
Plants that die or are removed are to be replaced with the same species
in an equivalent stage of growth unless remaining plantings satisfactorily
achieve the identified landscape functions.
Street numbering 12. To ensure appropriate definition of the proposed allotments, a written
request for confirmation of the street numbering is to be submitted to
Council. Council’s written advice is to form part of the Subdivision
Certificate documentation.
Prior to the Issue of a Construction Certificate
Internal engineering
design 13.
Prior to the issue of the Construction Certificate detailed engineering
plans prepared and endorsed by a suitably qualified person, together
with certification verifying the requirements of conditions relating to the
internal access and drainage systems have been met, shall be
submitted to and approved by the Principal Certifier.
Water management
detailed design 14.
The stormwater concept plans by Barker Ryan Stewart Rev. B are
concept plans for development application purposes only and are not to
be used for construction. The detailed design is to reflect the approved
concept plan prior to the issue of a construction certificate.
Notification of Home
Building Act 1989
requirements
15. Prior to commencement of building works, the Principal Certifying
Authority is to provide Council with written notice of:
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In the case of work for which a principal contractor is required to be
appointed:
o The name and licence number of the principal contractor, and
o The name of the insurer by which the work is insured under Part
6 of the Home Building Act 1989.
In the case of work to be done by an owner-builder:
o The name of the owner-builder, and
o If the owner-builder is required to hold an owner-builder permit
under the Act, the number of the owner-builder permit.
Signage 16. To ensure that the site is easily identifiable for deliveries and provides
information on the person responsible for the site, a sign displaying the
following information is to be erected in a prominent position on the site
prior to building, subdivision or demolition works commencing:
The name, address and telephone number of the principal certifying
authority for the work.
The name of the principal contractor for any building work and a
telephone number on which that person may be contracted outside
working hours, and
The statement that “Unauthorised entry to the site is prohibited”.
Protection of retained
trees
Prior to work commencing
and during construction
17. Prior to the commencement of any work on site, trees to be retained
within and adjacent to the construction area are to be protected from
accidental damage and other adverse impacts to their root system, trunk
and branches during site preparation and approved construction works.
Establishment of Tree Protection Zones (TPZ’s) - High visibility and/or
sturdy fencing is to be used to establish the TPZ around retained trees.
The barriers are to be located in accordance with Australian Standard
4970-2009 Protection of Trees on Development Sites and shall
encompass the maximum possible area around the dripline of the canopy
but be no less than 2.0 metres from the base of each tree to be
protected.
Restriction of activity - Within the TPZ, there shall be no storage of
material, placement of structures, parking, operation or washing of
equipment or vehicles or changes to soil level.
Cut and fill 18. To ensure proper regard is given to the existing land form, the extent of
cut/excavation and filling is limited to that shown on the approved plans.
Erosion & sediment
controls
19. To preserve the unique environment of the Blue Mountains and to
contain soil and sediment on the property, controls in accordance with
the Development Control Plan are to be implemented prior to clearing of
the site vegetation and the commencement of site works. This will
include:
The installation of a sediment fence with returned ends across the
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low side of the site so that all water flows through. These shall be
maintained at no less than 70% capacity at all times. Drains,
gutters, roadways etc., shall be kept clean and free of sediment.
To prevent the movement of soil off site, a single entry/exit point to
the property shall be constructed of 40mm blue metal aggregate or
recycled concrete to a depth of 150mm. The length must be at least
5 metres with the width at least 3 metres.
Soil erosion fences shall remain and must be maintained until all
disturbed areas are restored by turf, paving or revegetation.
Workers amenities 20. Before work starts, toilet facilities must be provided for construction
personnel on the site. Amenities are to be installed and operated in an
environmentally responsible and sanitary manner.
Site management 21. To safeguard the local amenity, reduce noise nuisance and to prevent
environmental pollution during the construction period:
Site and building works (including the delivery of materials to and
from the property) shall be carried out Monday to Friday between
7am-6pm and on Saturdays between 8am-3pm, excluding public
holidays. Alteration to these hours may be possible for safety
reasons but only on the agreement of Council.
Stockpiles of topsoil, sand, aggregate, spoil or other material shall
be stored clear of any drainage path or easement, natural
watercourse, footpath, kerb or road surface and shall have
measures in place to prevent the movement of such material off
site.
Building operations such as brickcutting, washing tools, concreting
and bricklaying shall be undertaken on the building block, with
pollutants contained on site.
Builders waste generated under this consent (including felled trees,
tree stumps and other vegetation) must not be burnt or buried on
site.
All waste must be contained and removed to an approved Waste
Disposal Depot or in the case of vegetation, with the exception of
environmental and declared noxious weeds, mulched for re-use on
site.
Builder details or owner-
builder permit
22. Prior to any building works commencing on the site you must provide to
the Principal Certifying Authority:
a) Written advice as to the principal contractor (name, address and
licence number), or
b) A copy of the owner-builder permit.
Insurance under the
Home Building Act 1989
or owner-builder permit
23. Prior to the commencement of any building works authorised by this
consent, you must provide to the Principal Certifying Authority:
a) A copy of the contract of insurance complying with the Home
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Building Act 1989. Information on this insurance scheme can be
obtained from NSW Fair Trading. Or,
b) A copy of the owner-builder permit.
Asbestos and other
hazardous materials
24. If any asbestos or other hazardous material is discovered during site
works, compliance with the following is required:
Work Health and Safety Act 2011
Work Health and Safety Regulation 2017
AS 2601 The demolition of structures
SafeWork NSW
Protection of the Environment Operations (Waste) Regulation 2014
All asbestos or other hazardous material is to be disposed of to an
approved waste management facility licensed to receive the waste.
Restore disturbed and
degraded areas
25. All disturbed areas, earthworks and/or batters are to be stabilised and
restored immediately it is possible to do so. These areas are to be
topsoiled and revegetated with native or non-invasive groundcover
species, turf or suitable proprietary surface binder.
Prior to the Issue of the Occupation or Subdivision Certificate
Repair of damage 26.
The applicant shall repair or reconstruct all damages caused by
construction activity relating to the development as required by the
Council's Supervising Engineer prior to release of any Occupation or
Subdivision Certificate
Certification by Council 27.
Prior to the issue of the Occupation or Subdivision Certificate, a
certificate shall be obtained from Council to verify that all works within
the road reserve have been completed in accordance with the approved
plans and to Council’s satisfaction.
Prior to the Issue of the Occupation Certificate
Landscape Verification
28. The Principal Certifying Authority (PCA) is to verify, and be satisfied,
that all landscaping works have been implemented in accordance with
the approved Landscape Plan, as amended by these development
consent conditions, prior to the issue the final Occupation Certificate.
The person having the benefit of this consent must complete any works
directed by the PCA or Council in order to satisfactorily achieve the
landscaping requirements of these development consent conditions.
Certification – Site’s
stormwater system 29. The on-site stormwater detention and/or water quality treatment device/s
must be completed to the satisfaction of the Principal Certifier prior to
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including OSD ,Water
Quality Treatment –
Construction
the issue of an occupation certificate.
The following documentation is to be submitted prior to the final
inspection:
A works as executed plan prepared by a suitably qualified person.
Certification by the system designer, or other suitably qualified
person that the system has been constructed in accordance with
the approved plans and will function as intended,
Any variation to the approved design is to be noted together with
any required remedial works to ensure the system will function as
intended.
Onsite Stormwater
Detention
Positive covenant
(maintenance)
30. To ensure the on site detention systems are satisfactorily maintained,
the Principal Certifier shall be satisfied that a covenant under Section
88E of the Conveyancing Act, 1919 has been registered over the
property.
The terms of the 88E Instrument with positive covenant shall include, but
not be limited to, the following:
a. The Proprietor of the property shall agree to be responsible for
keeping clear and the maintenance of all pits, pipelines, trench
barriers and other structures.
b. The registered Proprietor shall indemnify the Council and any
adjoining landowners against damage to their land arising from the
failure of any component of the OSD or failure to clean, maintain
and repair the OSD.
The 88E Instrument shall also contain a provision that it may not be
extinguished or altered except by Blue Mountains City Council.
The 88E Instrument shall be submitted to Council for endorsement prior
to lodgement at NSW Land and Property Information.
Certificates from
Authorities
Early contact with these
authorities is
recommended
31. To ensure satisfactory effluent disposal and utility services are provided
to the development, you are required to submit to Council compliance
certificates from:
a. Sydney Water
A Section 73 Compliance Certificate under the Sydney Water
Act 1994 must be obtained from Sydney Water Corporation
confirming reticulated water and gravity sewer systems are
available to each dwelling.
Application must be made through an authorised Water
Servicing Coordinator. Please refer to the Building Developing
and Plumbing section of the web site www.sydneywater.com.au
then refer to “Water Servicing Coordinator” under “Developing
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Your Land” or telephone 13 20 92 for assistance.
Following application a “Notice of Requirements” will advise of
water and sewer infrastructure to be built and charges to be
paid. Please make early contact with the Coordinator, as it can
take some time to build water/sewer pipes and this may impact
on other services and building, driveway or landscape design.
The Section 73 Certificate must be submitted to the Principal
Certifier prior to issue of an Occupation Certificate.
b. Endeavour Energy indicating that satisfactory arrangements have
been made for the provision of underground electricity supply to
each dwelling.
c. An approved telecommunications service provider stating that
satisfactory arrangements have been made for underground
telephone services to each dwelling.
Prior to the Issue of a Subdivision Certificate
Subdivision Certificate 32.
An application for a subdivision certificate is required on completion of all
conditions of Development Consent. The application is to be lodged
with and approved by Council as the consent authority. The application
should include the original plan of subdivision plus five (5) copies. The
location of all buildings and/or other permanent improvements must be
shown on one (1) copy.
Certificates from
Authorities
Early contact with these
authorities is
recommended
33. A Section 73 Compliance Certificate under the Sydney Water Act
1994 must be obtained from Sydney Water Corporation
confirming reticulated water and gravity sewer systems are
available to each lot.
Application must be made through an authorised Water Servicing
Coordinator. Please refer to the Building Developing and
Plumbing section of the web site www.sydneywater.com.au then
refer to “Water Servicing Coordinator” under “Developing Your
Land” or telephone 13 20 92 for assistance.
Following application a “Notice of Requirements” will advise of
water and sewer infrastructure to be built and charges to be paid.
Please make early contact with the Coordinator, as it can take
some time to build water/sewer pipes and this may impact on
other services and building, driveway or landscape design.
The Section 73 Certificate must be submitted to the Principal
Certifier prior to issue of the Subdivision Certificate.
Relocation of private
services 34.
To ensure the proposed lots are appropriately serviced, all private
services to the existing dwelling that encroach upon the proposed new
lot are to be relocated such than no encroachment occurs.
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The private services are to be relocated as necessary and certification
provided to confirm that no encroachments occur prior to the release of
the subdivision certificate.
Alternatively, certification is to be provided that all services will be
contained within appropriate easements upon registration of the
subdivision.