review of the draft sutherland development control plan 2015€¦ · 2015 •draft dcp alterations...

CITY PLAN STRATEGY & DEVELOPMENT P/L - SUTHERLAND DCP REVIEW – JUNE 2017 I

Repo

Review of the Draft Sutherland Development Control Plan 2015

Prepared on behalf of the Sydney South Planning Panel

June 2017 | P17-140

CITY PLAN STRATEGY & DEVELOPMENT P/L - SUTHERLAND DCP REVIEW – JUNE 2017 II

Revision Date Issued Prepared by Reviewed by Verified by

01 21/06/17 Mark Purdy

Senior Project

Planner

Juliet Grant

Executive Director

Juliet Grant

Executive Director

02 28/06/17 Mark Purdy

Senior Project

Planner

Juliet Grant

Executive Director

This document is preliminary unless approved by a Director of City Plan Strategy & Development

Report Revision History

CERTIFICATION

This report has been authorised by City Plan Strategy & Development, with input from a number of other expert

consultants, on behalf of the Client. The accuracy of the information contained herein is to the best of our knowledge

not false or misleading. The comments have been based upon information and facts that were correct at the time of

writing this report.

Copyright © City Plan Strategy & Development P/L

ABN 58 133 501 774

All Rights Reserved. No material may be reproduced without prior permission. While we have tried to ensure the

accuracy of the information in this publication, the Publisher accepts no responsibility or liability for any errors,

omissions or resultant consequences including any loss or damage arising from resilience in information in this

publication

CITY PLAN STRATEGY & DEVELOPMENT P/L - SUTHERLAND DCP REVIEW – JUNE 2017 III

Table of Contents

1. Executive Summary ...................................................................................... 4

2. Introduction ................................................................................................... 5

2.1 Purpose .......................................................................................................... 5

2.2 Background .................................................................................................... 5

2.3 Methodology ................................................................................................... 5

2.4 DCP Timeline ................................................................................................. 7

2.5 Criteria for evaluation ..................................................................................... 8

3. Legislative Review ......................................................................................... 9

3.1 Environmental Planning and Assessment Act 1979 ...................................... 9

3.2 Environmental Planning and Assessment Regulations 2000 ....................... 11

4. Public submissions and Council recommendations ................................ 14

5. DCP form and content ................................................................................. 15

5.1 Benchmarked DCPs ..................................................................................... 15

5.2 Potential improvements ................................................................................ 16

5.2.1 Chapter - Introduction ...................................................................... 16

5.2.3 Chapter - Introduction ...................................................................... 16

5.2.4 Chapter 34 - Other uses .................................................................. 16

5.2.5 Chapter 37-39 - Environmental Topics ............................................ 17

5.2.6 Chapter 40 - Administrative Provisions .......................................... 17

6. Recommendation ........................................................................................ 18

Appendices

A Draft DCP Chronology Sutherland Shire Council and City Plan

Strategy and Development (July 2017)

B Draft DCP Amendments Synopsis Sutherland Shire Council (July 2017)

CITY PLAN STRATEGY & DEVELOPMENT P/L - SUTHERLAND DCP REVIEW – JUNE 2017 4/18

1. Executive Summary

City Plan Strategy and Development Pty Ltd (CPSD) has been engaged on behalf of the

Sydney South Planning Panel (the Panel) by Sutherland Shire Council (Council) to undertake

a review of the draft Sutherland Shire Development Control Plan 2015 (draft DCP).

The purpose of the review is to provide advice to the Sydney South Planning Panel as to

whether to the draft DCP should be approved, with or without variation.

The review was based on the following methodology:

▪ Literature review: includes a review of the draft DCP and proposed alterations to the

DCP (Versions 3 to 5), Council reports and resolutions, public exhibition material,

public submissions, correspondence and benchmarked DCPs.

▪ Review of procedure: includes evaluation of the draft DCP preparation to ascertain

whether the DCP was prepared in accordance with the requirements of the

Environmental Planning & Assessment Act 1979 (the Act) and Environmental Planning

& Assessment Regulation 2000 (the Regulation).

▪ Review of response to submissions: includes evaluation of the draft DCP alterations

to ascertain whether due consideration was given to public submissions and whether

alterations requested by Council since the last exhibition were appropriate.

▪ Benchmarked DCPs: includes an evaluation of the draft DCP, in relation to

contemporary benchmarked DCPs to determine whether the form and content of the

draft DCP was generally consistent.

This review determined that the draft DCP has been made in accordance with the legislative

requirements of the Act and Regulation. We note that it was not possible to physically verify

that the draft DCP was made freely available in the places set out in the notice as required

by Clause 18 and 19 of the Regulations. Compliance with the Regulations in this instance

was therefore determined based on information provided by Council staff in good faith.

The proposed alterations contained within the draft DCP (Version 5) are considered to

provide a fair and reasonable response to public submissions and a suitable policy response.

The alterations to the draft DCP have been made in accordance with the Regulations and do

not require re-exhibition in our opinion.

The review identified that the content of the draft DCP was generally consistent with

benchmarked DCPs. While opportunities exist to enhance the form of the draft DCP, the

potential improvements do not fundamentally affect the draft DCP and are not considered to

be a deterrent to approving the DCP.

Consequently, it is recommended that the Panel:

1. Approve the Sutherland Shire Development Control Plan 2015 (Version 5) without further

variation or exhibition; and

2. Give public notice of its decision in a local newspaper within 28 days.


2. Introduction

2.1 Purpose

City Plan Strategy and Development Pty Ltd (CPSD) has been engaged on behalf of the

Sydney South Planning Panel (the Panel) by Sutherland Shire Council (Council) to undertake

a review of the draft Sutherland Shire Development Control Plan 2015 (draft DCP).

The purpose of the review is to provide advice to the Panel as to whether to the draft DCP

should be approved, with or without variation.

This report contains the findings of the review and recommends making the draft DCP without

variation.

2.2 Background

In 2015 Council prepared a comprehensive draft DCP to support Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015). The draft DCP was publicly exhibited twice in 2015, however, the draft was not formally adopted by Council.

Subsequently, the NSW Parliament passed the Local Government Amendment (Council Misconduct and Performance) Bill 2015, which resulted in Council being unable to establish a quorum to consider the approval of the draft DCP.

To assist in resolving this issue, the Department of Planning and Environment (DP&E) and the Office of Local Government agreed that the Sydney South Planning Panel was the most appropriate body to consider and make the draft DCP. Council subsequently delegated its function to the Panel (pursuant to Section 377 of the Local Government Act 1993) to make the draft DCP. The Panel Chair agreed with this approach provided it had the services of an independent planning consultant to assist in determining whether the draft DCP should be made. CPSD was subsequently engaged to review the draft DCP.

2.3 Methodology

The recommendations in this report have been informed by the following scope of works:

▪ Literature review: includes a review of the draft DCP and proposed alterations to the

DCP (Versions 3 to 5), Council reports and resolutions, public exhibition material,

public submissions, correspondence and benchmarked DCPs.

▪ Review of procedure: includes evaluation of the draft DCP preparation to ascertain

whether the DCP was prepared in accordance with the requirements of the

Environmental Planning & Assessment Act 1979 (the Act) and Environmental Planning

& Assessment Regulation 2000 (the Regulation).

▪ Review of response to submissions: includes evaluation of the draft DCP alterations

to ascertain whether due consideration was given to public submissions and whether

alterations requested by Council since the last exhibition were appropriate.

▪ Benchmark review: includes an evaluation of the draft DCP, in relation to

contemporary benchmarked DCPs to determine whether the form and content of the

draft DCP was generally consistent.

This review has been based on reports and supporting material provided by Sutherland Shire

Council as summarised in Table 1.


Table 1: Documentation informing this review

Review Documentation

Draft DCP

▪ Draft DCP - Combined Versions 1-5

Council Reports

▪ Council Report - DAP092-15 (20/04/2015)



▪ Council Report - EHR032-16 (14/12/15)

▪ Council Report - EHR005-17 (18/07/2016)

▪ Council Motion MOT015-07 (21/11/2016)

▪ Council Motion MOT026-17 (20/02/2017)

▪ Council Motion MM009-17 (20/02/2017)

Public Exhibition Material

▪ Newspaper Advertisement - (28/05/17)

▪ Newspaper Advertisement - (29/09/15)

▪ Exhibition Poster No.1

▪ Exhibition Poster No.2

Submission Material

▪ DCP Submission Report

▪ Submission Overview (Exhibition No.1)

▪ Submission Overview Architects Network Southern Region

▪ Submission Overview (Exhibition No.2)

▪ Councillor Comments Response Table

Summary Documents

▪ DCP Version Summary Table

▪ DCP Alterations Summary Table

Correspondence

▪ Minister for Local Government Correspondence (09/06/2016)

▪ NSW Department of Planning & Environment Secretary Correspondence (17/02/2017)

▪ Architectural Review Advisory Panel request for comments (4/5/2015)


We note it was not possible to physically verify that the draft DCP was made freely available

in the places set out in the notice as required by Clause 18 and 19 of the Regulations. As

such compliance in this instance was determined based on information provided by Council

staff in good faith.

In addition, we note that the merit assessment of each individual clause contained within the

draft DCP was outside the scope of the review. Notwithstanding this, the broad policy

implications of alterations proposed in the draft DCP (Version 5) were evaluated.

2.4 DCP Timeline

The draft DCP was amended in response to public submissions received during the two public exhibitions. Two additional series of alterations were made in response to requests from Councillors.

A timeline showing the history of the draft DCP is provided in Figure 1. A detailed chronology of the document version is provided at Appendix A.

Figure 1: Draft DCP chronology

Version 1

Draft DCP 2015

•Preparation of draft DCP (April 2014 - Feb 2015)

•Council resolution to exhibit draft DCP (April 2015)

•Public Exhibition (April 2015 - May 2015)

Version 2

Draft DCP 2015

•Draft DCP alterations in response to public submission (May 2015)

•Council resolution to re-exhibit the draft DCP (September 2015)

•Public Exhibition (September 2015 - October 2015)

•Council resolution to adopt draft DCP for assessing DAs (September 2015)

Version 3

Draft DCP 2015

•Draft DCP alterations in response to public submissions (November 2015)

•Council resolution - defer approval pending legal advice on s451 of Local

Government Act 1993

Version 4

Draft DCP 2015

•Councillor requested amendments (July 2016)

•Draft DCP amended in response to Councillor request (July 2016)

•Council resolution - refer draft DCP to Council committee (July 2016)

Version 5

Draft DCP 2015

•Councillor requested amendments (November 2016)

•Council resolution - delegate approval to Panel (February 2017)


2.5 Criteria for evaluation

This review was based on the following criteria:

▪ Compliance with the Environmental Planning & Assessment Act and Regulations;

▪ Procedural fairness and potential policy implications alterations to the draft DCP made

since the last public exhibition; and

▪ The general consistency of the form and content of the draft DCP in relation to the

following benchmarked DCPs:

▪ City of Sydney Development Control Plan 2013

▪ Randwick City Council Development Control Plan 2013

▪ Manly Development Control Plan 2013

▪ Newcastle Development Control Plan 2012


3. Legislative Review

3.1 Environmental Planning and Assessment Act 1979

The draft DCP has been assessed in relation to the relevant matters prescribed by the Act

as outlined in Table 2. In summary, the review identified the draft DCP has been made in

accordance with Section 74 of the Act.

Table 2: Compliance with relevant legislative requirements of the EP&A Act

Clause Comment Complies

74BA Purpose and status of development

control plans

(1) The principal purpose of a development control

plan is to provide guidance on the following matters

to the persons proposing to carry out development

to which this Part applies and to the consent

authority for any such development:

(a) giving effect to the aims of any environmental

planning instrument that applies to the

development,

(b) facilitating development that is permissible

under any such instrument,

(c) achieving the objectives of land zones under

any such instrument.

The provisions of a development control plan made

for that purpose are not statutory requirements.

The draft DCP has been

prepared in accordance with

Cl 74BA(1).

Yes

(2) The other purpose of a development control

plan is to make provisions of the kind referred to in

section 74C(1) (b)–(e).



Cl 74BA(2).

Yes

(3) Subsection (1) does not affect any requirement

under Division 3 of Part 4 in relation to complying

development.



Cl 74BA(3).

Yes

74C Preparation of development control plans

(1) The relevant planning authority may prepare a

development control plan (or cause such a plan to

be prepared) if it considers it necessary or

desirable:

(a) to provide the guidance referred to in section

74BA (1), or

(b) to identify development as advertised

development (so as to make additional but not

inconsistent requirements to those imposed by the

regulations in relation to development applications),

or

(c) to provide for (or exclude) public or particular

advertising or notification of any of the following:

(i) a development application for specified

development (other than State significant

development or designated development or

advertised development),

(ii) a request for the review of a determination of a

development application where the applicant for



Cl 74C(1).

Yes



review makes amendments to the development

described in the original development application,

(iii) an application for the modification of a

development consent for specified development

(including advertised development but not State

significant development or designated

development), or

(iv) (Repealed)

(d) in the case of a council—to specify criteria (in

addition to but not inconsistent with any criteria

prescribed by the regulations) that the council is to

take into consideration in determining whether or

not to give an order under Division 2A of Part 6, or

(e) to make provision for anything permitted by this

Act to be prescribed by a development control plan.

(2) Only one development control plan made by

the same relevant planning authority may apply in

respect of the same land. This subsection does not

apply to:

(a) a plan prepared for the purposes of subsection

(1) (d) or for any other purpose prescribed by the

regulations, or

(b) a plan prepared for the purpose of amending an

existing plan.

If this subsection is not complied with, all the

development control plans concerned have no

effect.



Cl 74C(2).

Yes

(3) A development control plan may adopt by

reference the provisions of another development

control plan.



Cl 74C(3).

Yes

(4) A development control plan may amend,

substitute or revoke another development control

plan.



Cl 74C(4).

(5) A provision of a development control plan

(whenever made) has no effect to the extent that:

(a) it is the same or substantially the same as a

provision of an environmental planning instrument

applying to the same land, or

(b) it is inconsistent or incompatible with a

provision of any such instrument.



Cl 74C(5).

Yes

74E Miscellaneous provisions relating to

development control plans

(1) The regulations may make provision for or with

respect to development control plans, including:

(a) the form, structure and subject-matter of

development control plans, and

(b) the procedures for the preparation, public

exhibition, making, amendment and repeal of

development control plans, and

(c) the fees payable to the relevant planning

authority by owners submitting draft development

control plans under section 74D.



Cl 74(1).

Yes



(2) The staged repeal program under section 33B

may be extended to development control plans,

and for that purpose a reference in that section to

an environmental planning instrument is taken to

include a reference to a development control plan.

N/A Yes

(3) An environmental planning instrument may

exclude or modify the application of development

control plans in respect of land to which the

instrument applies (whether the plan was prepared

before or after the making of the instrument).

N/A Yes

(4) A development control plan must be available

for public inspection (without charge):

(a) at the principal office of the relevant planning

authority that prepared the plan, and

(b) in such other manner as is prescribed by the

regulations.



Cl 74(4).

Yes

3.2 Environmental Planning and Assessment Regulations 2000

The draft DCP has been assessed against the relevant matters prescribed by the Regulation

as outlined in Table 3. In summary, the review identified the draft DCP has been made in

accordance with the legislative requirements of the Regulation.

Table 3: Compliance with relevant legislative requirements of the Regulation


Division 1 Preparation of development control

plans by councils

16 In what form must a development control

plan be prepared?

(1) A development control plan must be in the form

of a written statement, and may include supporting

maps, plans, diagrams, illustrations and other

materials.



Cl 16(1) of the Regulation.

Yes

(2) A development control plan must describe the

land to which it applies, and must identify any local

environmental plan or deemed environmental

planning instrument applying to that land.




Yes

Division 2 Public participation

18 Draft development control plan must be

publicly exhibited

(1) Following the preparation of a draft

development control plan, the council:

(a) must give public notice in a local newspaper of

the places, dates and times for inspection of the

draft plan,




Yes



(b) must publicly exhibit at the places, on the dates

and during the times set out in the notice:

(i) a copy of the draft plan, and

(ii) a copy of any relevant local environmental plan

or deemed environmental planning instrument, and

(c) must specify in the notice the period during

which submissions about the draft plan may be

made to the council (which must include the period

during which the plan is being publicly exhibited).

(2) A draft development control plan must be

publicly exhibited for at least 28 days.




Yes

19 Copies of draft development control plans

to be publicly available

Copies of the draft development control plan, and of

any relevant local environmental plan or deemed

environmental planning instrument, are to be made

available to interested persons, either free of

charge or on payment of reasonable copying

charges.



Cl 19 of the Regulation.

Yes

20 Who may make submissions about a draft

development control plan?

Any person may make written submissions to the

council about the draft development control plan

during the relevant submission period.




Yes

Division 3 Approval of development control

plans

21 Approval of development control plans

(1) After considering any submissions about the

draft development control plan that have been duly

made, the council:

(a) may approve the plan in the form in which it

was publicly exhibited, or

(b) may approve the plan with such alterations as

the council thinks fit, or

(c) may decide not to proceed with the plan.




Yes

(2) The council must give public notice of its

decision in a local newspaper within 28 days after

the decision is made.

Can comply Yes

(3) Notice of a decision not to proceed with a

development control plan must include the council’s

reasons for the decision.

Can comply Yes

(4) A development control plan comes into effect

on the date that public notice of its approval is

given in a local newspaper, or on a later date

specified in the notice.

Can comply Yes



21A Approval of development control plans

relating to residential apartment development

(1) The council must not approve a draft

development control plan (including an amending

plan) containing provisions that apply to residential

apartment development unless the council:

(a) has referred the provisions of the draft

development control plan that relate to design

quality to the design review panel (if any)

constituted for the council’s local government area

(or for 2 or more local government areas that

include the council’s area), and

(b) has taken into consideration:

(i) any comments made by the design review panel

concerning those provisions, and

(ii) the matters specified in Parts 1 and 2 of the

Apartment Design Guide.

The Sutherland Shire Council

does not have a design a

design review panel

constituted by the Minister for

Planning pursuant to State

Environmental Planning Policy

No. 65 - Design Quality of

Residential Apartment

Development.

Nevertheless, Council referred

the draft DCP to the

Sutherland Architectural

Review Advisory Panel

(SARAP) and considered their

response.

The Council has taken into

consideration the relevant

sections of the Apartment

Design Guide.

Yes

(2) This clause extends to a plan the preparation of

which commenced before the constitution of the

design review panel.

See above Yes


4. Public submissions and Council recommendations

The alterations made to the draft DCP since the last public exhibition have been reviewed in

relation to their procedural fairness and policy implications. In summary, the review identified

the following:

▪ The alterations provide a fair and reasonable response;

▪ The alterations provide a suitable policy response; and

▪ The alterations should be approved without further alteration or re-exhibition.

The draft DCP was last exhibited between 29 September 2015 to 27 October 2015. During

this period a total of 52 submissions were received. An additional 17 submissions were

received prior to the commencement of the second exhibition. In addition, approximately 64

alterations were requested by councillors following the public exhibition.

In response, Council officers recommended approximately 72 alterations to the draft DCP in

response to public submissions. A further 132 alterations were made in response to

Councillor comments made during council meetings and workshops. A synopsis of the

proposed alterations to the draft DCP, including comment on the reason for the proposed

change, is provided in Appendix B.

The proposed alterations are considered to be a fair and reasonable response to public

submissions. The alterations were relatively minor and in most cases were confined to

redrafting provisions so as to clarify the intent of particular provisions or to improve the

outcome of a control. Those alterations relating to development standards (e.g. building

setbacks) were also considered to provide a suitable policy response to public submissions

and those matters that Council saw fit to address.

Further to the above, we note that on 21 November 2016 Council passed a motion (MOT015-

07) to amend the DCP so as to confine two storey developments in the R2 Low Density zone

to the front 60% of allotment depth. This may be perceived as a restriction on the prevailing

LEP and hence fall outside the scope of a DCP. However, we are of the view that the clause

provides sufficient flexibility to enable an alternative solution to be achieved based on a merit

assessment. Consequently, it is considered that the proposed alteration represents a suitable

policy response. Notwithstanding, given the potential implications on housing supply, it is

suggested that the provision be monitored and reviewed within 24 months of implementation.

We are of the view that the alterations to the draft DCP do not require re-exhibition. Whilst

the last public exhibition of the draft DCP was over 18 months ago, Council adopted the draft

DCP (Version 2) on 21/9/15 as policy for the purposes of assessing development applications

lodged under SSLEP2015. Consequently, it is evident that the draft DCP has been used in

an ongoing capacity since the last public exhibition and the community are generally aware

of the amended draft DCP provided in Version 2.

In relation to subsequent alterations provided in Versions 3-5 to the draft DCP, we are of the

view that the alterations have been made in accordance with Cl 21 of the Regulations.

Accordingly, it is recommended that the alterations to the draft DCP be adopted without re-

exhibition.


5. DCP form and content

5.1 Benchmarked DCPs

This review provides an evaluation of the form and content of the draft DCP in relation to four

benchmarked DCPs, as outlined in Table 3. In summary, the review identified the following:

▪ The content of the draft DCP was generally similar to benchmarked DCPs, with the

exception of the introduction which had notably less detail and instruction to the end

user;

▪ The structure was generally similar to benchmarked DCPs, however this was not

immediately apparent due to the lack of section headings or an explanation of how to

use the DCP in the Introduction;

▪ The form was generally different to benchmarked DCPs. The draft DCP repeated

specific and general provisions for each development type and specific zones. The

proposed form added to the length of the document when compared to benchmarked

DCPs. Notwithstanding this, the form was considered suitable for the end user; and

▪ The form and content of the draft DCP should be approved without further alteration.

Table 4: Comparison of form and content with benchmarked DCPs

Chapter Comment Consistent

Introduction

(Ch 00)

The content of the 'Chapter - Introduction' and the table

of contents structure was generally inconsistent with

benchmarked DCP.

No

Development types

(Ch 1-5)

The residential development type controls are

generally consistent with benchmarked DCPs.

We note that the repetition of specific and general

controls for dwelling types in each residential zone was

not typical of benchmarked DCPs, however, the

content is not inconsistent with benchmarked DCPs.

Yes

Specific Zones/Areas

(Ch 6-32)

The chapters were generally consistent with

benchmarked DCPs.

Yes

Ancillary development

(Ch 33)

The chapter was generally consistent with

benchmarked DCPs.

Yes

Other uses

(Ch 34)

This chapter was generally consistent with

benchmarked DCPs.

Yes

Traffic and Parking

(Ch 35)


benchmarked DCPs.

Yes

Late night trading

(Ch 36)


benchmarked DCPs.

Yes

Environmental Topics

(Ch 37- 39)

The chapters were generally consistent with

benchmarked DCPs.

Yes


Chapter Comment Consistent

Administrative

provisions

(Ch 40)


benchmarked DCPs.

Yes

Structure and content The structure was generally similar to benchmarked

DCPs, however, this was not immediately apparent

due to the lack of section headings or an explanation

of the structure in the introduction.

The draft DCP was notably longer than benchmarked

DCPs. Specifically, the draft DCP is approximately

1,662 pages while benchmarked DCPs ranged from

approximately 212 to 968 pages. It is understood the

additional length of the draft DCP is a result of the

structure which seeks to assist the end user find

relevant controls in a single location where possible.

Yes

5.2 Potential improvements

Opportunities were identified to enhance the form and useability of the draft DCP. However,

the potential improvements identified do not fundamentally affect the draft DCP and are not

seen as a deterrent to making the DCP at this point in time. The potential improvements

outlined below are therefore provided for consideration by Council when undertaking future

reviews of the DCP.

5.2.1 Chapter - Introduction

This chapter would benefit from including sub-sections that address the type of matters

outlined below:

▪ Purpose of Plan

▪ Objective / aims

▪ Plan name and commencement date

▪ Land to which plan applies

▪ Relationship to other plans

▪ Interpretation / dictionary

▪ How to use this plan

5.2.3 Chapter - Introduction

This chapter would benefit from restructuring the table of contents to generally reflect the

online version of the draft DCP as provided on Council's website. Alternatively, the table of

contents could be amended to provide a structure similar to benchmarked DCPs as outlined

below:

▪ Section 1 – Introduction (Ch 00)

▪ Section 2 – Development Types (Ch 1-5 and Ch 33)

▪ Section 3 – Specific zones and Areas (Ch 6-32)

▪ Section 4 – General Provisions (Ch 34 and Ch 35-39)

5.2.4 Chapter 34 - Other uses

This chapter would benefit from being grouped with Chapter 1-5 development types.


5.2.5 Chapter 37-39 - Environmental Topics

This chapter would benefit from the inclusion of additional heritage controls for sites located

adjacent or adjoining heritage items.

5.2.6 Chapter 40 - Administrative Provisions

This chapter would benefit from clearly identifying that the chapter contains the notification

and advertising requirements of the DCP.


6. Recommendation

This review concludes the draft DCP has generally1 been made in accordance with the

legislative requirements of the Environmental Planning & Assessment Act and Regulations.

The proposed alterations contained within the draft DCP (Version 5) are considered to

provide a fair and reasonable response to public submissions and a suitable policy response.

The alterations to the draft DCP have been made in accordance with the Regulations and do

not require re-exhibition.

The review identified that the content of the draft DCP was generally consistent with

benchmarked DCPs. While opportunities exist to enhance the form of the draft DCP, the

potential improvements do not fundamentally affect the draft DCP and are not considered to

be a deterrent to approving the DCP.

Consequently, it is recommended that the Panel:

1. Approve the Sutherland Shire Development Control Plan 2015 (Version 5) without further

variation or exhibition.

2. Give public notice of its decision in a local newspaper within 28 days after the decision is

made.

1 It was not possible to verify that the draft DCP was freely available in the places set out in the notice as required

by Clauses 18 and 19 of the Regulations. Compliance with the Regulations in this instance was therefore determined based on information provided by Council staff in good faith.

Appendix A

DCP Chronology

M:\PROJECTS\CP2017\17-140 REVIEW OF DRAFT SUTHERLAND DCP\4. DRAFT\APPENDIX A_DCP CHRONOLOGY.DOCX

Appendix A: Draft DCP Timeline

Date Council Report Council Resolution Draft DCP Version

20th April 2015 New Development

Control Plan

DAP092-15

1. That the draft Development Control Plan be adopted for the purposes of community

consultation and be publicly exhibited for 28 days in accordance with the

requirements of the Environmental Planning and Assessment Regulation 2000.

2. That the draft DCP be adopted as policy for the purposes of assessing any

development applications lodged under the new LEP.

3. That the Development Control Plan be revised to remove unnecessary restrictions on

Places of Public Worship as noted on Table 1 in Chapter 36 (Late night Trading).

4. That Council staff involved in the process be thanked for their efforts.

5. That Chapter 38 be amended to include the 4:1 Tree Replacement Policy.

6. That workshops be provided where requested by Councillors.

7. That in order to give residents more comfort that they can remove overhanging

branches that pose a potential risk, Chapter 38 Clause 4.10.2 (2) be amended to add

the following additional control:

a) 4.10.2 Assessment Principles for Trees Growing in Close Proximity to Buildings

b) Council will permit the removal of branches that overhang a dwelling or

swimming pool to reduce potential risk to life and property.

Version 1

28th April 2015 Leader Advert Public Exhibition 28 April 2015 until 26 May 2015. Version 1

31st August 2015

(Committee 24th

August 2015)

Draft Development

Control Plan 2015

Submissions Report

DAP026-16

That consideration of the report “Draft Development Control Plan 2015 Submissions

Report” be deferred to the next round of Council.

31/08/2015 Additional report - Late

Night trading &

Communal Open space

RFBs & Car Parking

CCL009-16

This matter was considered in conjunction with DAP026-16. For Council Resolution, refer

to Minute No. TBA. (143)

That consideration of the report “Draft Development Control Plan 2015 Submissions

Report” be deferred to the next round of Council.

21/9/2015 DAP030-16 (CCL009-16

+ DAP026-16)

1. That the draft SSDCP2015 be amended as detailed below:

That the amended draft Development Control Plan be adopted for the purposes of

community consultation and be publicly exhibited for 28 days in accordance with the

requirements of the Environmental Planning and Assessment Regulation 2000.

Version 2 - not attached

but recommendations

made for amendments

were adopted for re-

exhibition

2 of 3


That the amended draft DCP be adopted as policy for the purposes of assessing any

development applications lodged under SSLEP2015.

That minor edits be made to the draft plan to correct typographical errors, drafting errors,

various minor technical anomalies and edits for consistency.

29th September

2015

Leader Advert Public Exhibition 29 September 2015 to 27 October 2015 Version 2 (marked up)

14th December

2015

(Committee 30th

November 2015)

EHR032-16

DCP Re-exhibition

Submissions Report

That this matter be deferred pending the receipt of legal advice to Councillors on the

implications of recent amendments to s451 of the Local Government Act 1993 as it affects

councillors’ ability to debate and vote on the Sutherland Shire Development Control Plan

2015.

Version 3 (marked up)

18th July 2016

(Committee 4th July

2016)

EHR005-17

DCP Re-exhibition

Submissions Report +

changes requested by

Councillors

THAT:

1. The consideration of the Draft Sutherland Shire Development Control Plan 2015 be

referred to a Special Environmental Health and Regulation Committee meeting to be

held on the 11 July 2016.

2. The material tabled at the meeting by residents be distributed to all Councillors prior to

this meeting.

Attached:

Appendix B Councillor

Comments Pursue

Appendix C to AR

Version 3 (as

recommended by staff –

note this is without

Councillor requested

changes)

= Version 4

18th July 2016

(Committee 11th

July 2016)

EHR006-17

(copy of EHR005-17)

THAT:

1. Consideration of the report be deferred.

2. A briefing be arranged as a priority over all other briefings outlining the impact of the

DCP.

3. Council write to the Minister for Local Government seeking urgent amendments to the

Local Government Act 1993 to bring democracy back to Councils so that Councillors

have the authority to adopt development control plans that Councillors know are in the

interest of the communities they represent.

Attached:

Appendix B Councillor

Comments Pursue

Appendix C to AR

Version 3 (as

recommended by staff –

note this is without

Councillor requested

changes)

= Version 4

21st November

2016

MOT015-07 THAT:

1. Consistent with the Minister for Local Government's written advice of 9 June

2016 (confirmed in his written advice of 7 November 2016), that under Section

74B of the Environmental Planning and Assessment Act 1979, Council delegate

Not attached: Version 5

(colour)

3 of 3


the making of Draft Development Control Plan 2015 to the Secretary of the

Department of Planning and Environment, and recommend that the Secretary

make the plan as it was presented to Council on 18/7/2016 (EHR005-17 4/7/16)

with a further amendment to confine two storey development in the R2 Low

Density zone to the front 60% of allotment depth.

2. A series of Councillor briefings be held to identify possible future amendments to

the DCP in light of:

i) Community feedback in the development application process;

ii) Improvements to the neighbour notification process for development

applications;

iii) Legislative amendments as it applies to exempt and complying

development;

iv) The South Region District Plan;

v) Weaknesses identified by Assessment Officers in the use of the draft DCP

to date.

3. One of the Councillor briefings explore ways to improve the neighbour

notification process for Development Applications, as set out in Chapter 41 of

Council's draft Development Control Plan 2015, this briefing includes, but is not

restricted to, an examination of:

i) Who is notified and the chosen area for notification;

ii) The timing of the notification; and

iii) The re-notification process, following S96 modifications.

4. Following the Councillor briefing, Council officers prepare a report to the Shire

Planning Committee outlining options for improving the notification provisions in

Chapter 41 of draft Development Control Plan 2015 for Council's consideration.

20 February 2017 MM009-17 THAT:

1. Pursuant to Section 377 of the Local Government Act 1993, Council delegates its

function to the Sydney South Planning Panel to make Draft Sutherland Shire

Development Control Plan 2015 as set out in MOT015-17, Council Minute No.

172.

2. The Director Shire Planning assist the Department of Planning and Environment

to engage a suitably qualified planning professional to independently review

Draft Sutherland Development Control Plan 2015 and accompanying reports to

assist the Sydney South Planning Panel determine the making of the Plan.

Appendix B

DCP Alteration Synopsis

M:\PROJECTS\CP2017\17-140 REVIEW OF DRAFT SUTHERLAND DCP\4. DRAFT\APPENDIX B DCP ALTERATION SYNOPSIS.DOCX

APPENDIX B – DCP Alteration Synopsis

DCP chapter and section Change Who made the change: Why was change made (look at submissions

report)

Chapter 1 Dwelling Houses

b. Secondary Dwellings in the E4

Environmental Living Zone

(introduction to chapter)

The E4 Environmental Living zone also applies to the residential areas of the Kurnell Peninsula and suburban

areas of the shire where less intense development is suitable given potential impacts from known risks (e.g. in

the event of a major incident at the fuel storage facility) as well as the natural features of the areas.

Councillor Changes (blue) See page 1 of Councillors Comments –

Appendix Councillor Comments - Appendix B to

EHR005-17.

This text is provided for information only. It is

non-statutory and its removal has no effect on

the operation of the DCP. It simply helps explain

how the zone has been applied.

Change supported.


1.Streetscape and Building Form

R3

Chapter 2

Secondary Dwellings

1. Streetscape and Building Form

R3

Ensure development is compatible with the future scale, character and landscape setting of the adjoining

streetscape, natural setting and scenic quality.

Councillor Changes (blue) See page 1 of Councillors Comments –

Appendix Councillor Comments - Appendix B to

EHR005-17.

This text is provided for information only. It is

non-statutory and its removal has no effect on

the operation of the DCP. It simply helps explain

how the zone has been applied.

Change supported.


1.Streetscape and Building Form

E4

Chapter 2

Secondary Dwellings


E4

3. Except for Greenhills Beach, development must be is limited to two storeys in height above existing ground

level and excavation for basements are is not permitted. Development Dwelling may must be stepped down a

steep site.

Staff reco in response to 2nd exhibition (green) This two storey height restriction is not intended

to apply to Greenhills Beach. When the land was

rezoned for the subdivision Council accepted the

possibility of 3 storey development and set a 9m

height limit. It is recommended that the relevant

clauses be adjusted to clarify this intent.

Chapter 2

Secondary Dwellings


E4

Except for Greenhills Beach, development is not to exceed two (2) storeys except where it can be demonstrated

that the proposed development:

a. reinforces the existing and desired neighbourhood character; and

b. is consistent with the character, scale and form of surrounding buildings.

Staff reco in response to 2nd exhibition (green) See above



E3, E4, R2

Chapter 2

Secondary Dwellings


E3

3. Development must be is limited to two storeys in height above existing ground level and excavation for

basements are is not permitted. Development Dwelling may must be stepped down a steep site.

Staff reco in response to 2nd exhibition (green) The DCP two storey limitation was intended to

ensure that the new development is compatible

with the existing scale and character of the area,

and protect the amenity of adjoining residents.

The controls include a ‘test’ for an additional

storey where the good outcome can be assured.

This is a pragmatic approach.

Chapter 2

Secondary Dwellings


R2

Development must be is limited to two storeys in height above existing ground level and basements are not

permitted. Dwelling may be stepped down a steep site.

Staff reco in response to 2nd exhibition (green) See above

M:\PROJECTS\CP2017\17-140 REVIEW OF DRAFT SUTHERLAND DCP\4. DRAFT\APPENDIX B DCP ALTERATION SYNOPSIS.DOCX 2/52


report)

Chapter 1 Dwelling Houses,


E3, E4

Chapter 2

Secondary Dwellings


E3, E4

Despite 3, Council will may permit a variation to the two storey limit (whether that be a basement or third storey

above natural ground as the additional floor level) where Council is satisfied that:

a. The third storey or basement does not result in the building having an adverse visual impact when viewed from

the public domain, waterway or open space; and

b. The basement or third storey above existing ground level does not result in a building that is incompatible with

the established scale or character of the immediate locality or adversely affect the amenity, streetscape and

landscape setting; and

c. The alternative to a basement or third story above existing ground would result in the loss of bushland, existing

tress or other natural features, where such exists on the site.

d. The design of the driveway and basement will achieve a quality landscape setting for the development that

mitigates potential visual impacts of excavation, and

e. The design of the driveway and basement does not detract from the presentation of the dwelling to the street

and retains any natural features on the site

Staff reco in response to 2nd exhibition (green)

Councillor Changes (blue)

Green Basements and storey limitations - see

EHR032-16 page 4, 5, 6

Concerns about bulk, scale, and streetscape

implications of 3 storey/basement development

in low density zones aimed to limit development

to two storeys.

the impacts of basements and/or three storey

and concluded that three storey

development and/or excessive excavation for

basements in the low density zones should be

the exception rather than being generally

permitted.

Blue See Councillor Comments - Appendix B to

EHR005-17 page 10

Councillors sought wider consideration for

basements

Permit basements in the E3 and E4 zones

carrying over the tests that apply in the R2 zones

and adding additional tests

Chapter 2

Secondary Dwellings


R2



a. The third storey or basement does not result in the building having an adverse visual impact when

viewed from the public domain, waterway or open space; and

b. The basement or third storey above existing ground level does not result in a building that is incompatible

with the established scale or character of the immediate locality or adversely affect the amenity,

streetscape and landscape setting; and

The alternative to a basement or third story above existing ground would result in the loss of bushland, existing

tress or other natural features, where such exists on the site.





R2



The third storey or basement does not result in the building having an adverse visual impact when viewed from

the public domain, waterway or open space; and

a. The basement or third storey above existing ground level does not result in a building that is incompatible



b. The alternative to a basement or third story above existing ground would result in the loss of bushland,

existing tress or other natural features, where such exists on the site.



Green

Poor planning outcomes can arise from poorly

designed three storey development and

basements. A basement that is only partially

underground adds to the bulk and scale of a

building, can cause privacy and overlooking

issues, and adds to solar access impacts.

However, in order to facilitate some flexibility in

controls the DCP, ‘tests’ enable Council to

consider a third storey where there are minimal

adverse impacts on the locality.


EHR005-17 page 10


basements






report)



E3, E4, R2, R3, R4, B1, SP3 and in

3. Landform

R2, SP3

Chapter 2

Secondary Dwellings


E3, E4, R2, R3, R4, B1

Note:

Basement means the space of a building where the floor level of that space is predominantly below ground level

(existing) and where the floor level of the storey immediately above is less than 1 metre above ground level

(existing).

If a basement construction protrudes more than 1m above ground level, it is no longer considered defined as a

basement. Its Floor space in a basement may be counted as part of gross floor area. Refer to the definitions of

gross floor area in SSLEP2015.


If a basement is more than a metre out of the

ground it no longer fits the definition of

basement. This is of critical importance because

it then becomes floor space and counted in

determining the floor space ratio. The only

exception to this is where the "protruding"

basement contains space used to meet the car

parking requirement.

Edit for consistency



E4

Chapter 2

Secondary Dwellings


E4

Except for Greenhills Beach, two or three storey development is only permitted on the front of an allotment and

may extend to a maximum of 60% of the depth of the site measured from the property boundary.

Despite 6, for areas other than Greenhills Beach, where the topography, orientation or context of the site would

allow for a better outcome to be achieved through accommodating two storey developments in the rear portion of

the allotment, a variation may be considered if this solution will not result in a significant loss in the privacy or

amenity of adjoining properties.

Staff reco in response to 2nd exhibition (green) This control, which applies only to Greenhills

Beach, is reproduced in draft DCP2015 but the

drafting is confusing and reads as if there are

two building envelope controls applying to

Greenhills Beach. The Greenhills Beach control

allows more flexibility in where the upper floors

are located, which is appropriate in an entirely

new residential area, where the pattern of

residential development is being established by

the construction of dwellings all in a similar time

frame. It is recommended that this issue is

addressed by simple redrafting to clarify that only

the Greenhills Beach specific controls.



E3, R2, R3, R4, B1, SP3

Note: control missing from E4 – in

error?

Roof forms are to be designed to an appropriate size, mass and separation in order to be compatible with the

scale and character of existing buildings and landscape elements.

Councillor Changes (blue) See page 3 of Councillor Comments - Appendix

B to EHR005-17. Delete from R2.

This can be adequately dealt with by officers on

merit. Change supported.



E3, E4, R2, R3, R4, B1, SP3

Chapter 2

Secondary Dwellings


E3, E4, R2, R3, R4, B1, SP3

Development must be designed and sited so that it addresses the primary street frontage ensuring that the main

entry is clearly identifiable from the street.


B to EHR005-17.

The control is less important for single dwelling

because sites are less constrained and dwellings

are typically oriented to the street.

Change supported.



E3, E4, R2, R3, R4, B1, SP3

Development must be sensitively designed so that it fully or in part maintains is sympathetic to the amenities and

view corridors so that the amenity of neighbouring public and private property is balanced and balances this with

the amenity afforded to the new development.

Councillor Changes (blue) See Councillor Comments - Appendix B to

EHR005-17 page 4.

Too prescriptive.

This may actually be a better wording of the

control. It is less confusing and maintains the

same effect.

Change supported.



report)



E4

For dwellings (except within Greenhill’s Beach), development is not to exceed two (2) storeys except where it can

be demonstrated that the proposed development:

a. reinforces the existing and desired neighbourhood character, and

b. is consistent with the character, scale and form of surrounding buildings


Edit. This was deleted as it was replaced in the

re-exhibited version with the two storey

variations clause.


2. Building Setbacks

E3, E4, R2, R3, R4, B1, SP3

Chapter 2

Secondary Dwellings


E3, E4, R2, R3, R4, B1, SP3

Rear and Side Setbacks.

Articulation of side elevations reduces the visual intrusion and bulk of buildings on adjoining properties and

creates a visually interesting façade. Increasing the setback of buildings as the height and length of the elevation

increases further reduces the impact of the building while making provision for areas of meaningful landscaping.


EHR005-17

See Councillor Comments - Appendix B to

EHR005-17

The introduction has no weight it simply helps

the applicant understand the purpose of the

controls.

Chapter 2

Secondary Dwellings


R2

Two or three storey development is only permitted on the front of an allotment and may extend to a maximum of

60% of the depth of the site measured from the property boundary.

MOT026-17 Changes made in response to MOT026-17 to

ensure consistency



Table 1: Setbacks

E3, E4

Chapter 2

Secondary Dwellings


Table 1: Setbacks

E3, E4,

Setbacks Minimum Distance

Front

Street Setback Primary street frontage 7.5m – except where the adjoining dwellings are

setback greater than or less than 7.5m, in which

case it is the established street setback or the

established street setback *

Secondary street frontage 3.0m (Secondary street)

Internal lot 4.0m

Side Setback 1.5m

Rear Setback 6.0m

Internal lot 4.0m (internal lot)

Staff reco in response to 2nd exhibition (green) See EHR032-16 page 8-10

The amendments gave greater scope for small

variations (within 2m) to front setback.

Typos/better drafting



Table 1: Setbacks

R2, R3, R4, B1, SP3

Chapter 2

Secondary Dwellings


Table 1: Setbacks

R2, R3, R4, B1, SP3


Front






Internal lot 4.0m

Side Setback

Ground floor 0.9m

Second Storey 1.5m

Internal lot 1.5m

Bush Fire Prone Land 1.5m







report)

Rear Setback 6.0m

Internal lot 4.0m



Note to setback table

E3, E4, R2, R3, R4, B1, SP3

Chapter 2

Secondary Dwellings

E3,E4, R3, R4, B1, SP3

* The established street setback is the average distance of the setbacks of the nearest 2 dwelling houses having

the same primary road boundary and located within 40m of the lot on which the dwelling house is erected. Where

the difference between the setbacks of the nearest dwelling houses is less than or equal to 2.0m, the greater or

lesser setback may be applied.







E3, E4, R3, R4, B1, SP3

Not in R2 – in error?

Secondary Dwellings


E3, E4, R2, R3, R4, B1, SP3

A variation to the established street setback may be approved where:

a. the setback proposed does not have adverse consequences for the landscape quality of the streetscape, and

b. the proposed variation does not have adverse impacts on adjacent properties in terms of solar access, visual

intrusion, view loss or privacy.


See EHR032-16 page 8-10






E4

Garages and garage doors cannot be located in the articulation zone and are to be integrated with the building

design. These elements are to be located no closer than 7.5m to the street and integrated with the building

design, except within Greenhills Beach, where these elements are to be located no closer than 6m to the street.


The edit rectifies an inconsistency in the draft

DCP.



E4

A minimum 3m setback applies to the secondary street frontage. In the case of corner properties, the 7.5m

setback applies to the narrowest street frontage. In the case of the secondary street frontage, a minimum 3m

setback applies the secondary street frontage is the widest frontage.


Control refers to 7.5m as the primary setback.

This is not the case for Greenhills Beach, where

the minimum street setback for dwelling houses

is 6m.

It also defines the primary street frontage as the

narrowest (which means that the secondary

street frontage is the widest). Thus, amended to

remove the unnecessary reference to the

primary setback distance.



E3, E4, R2, R3, R4, B1, SP3

Chapter 2

Secondary Dwellings


E3, E4, R2, R3, R4, B1, SP3

Where an increased side setback for a part of a wall is employed for articulation, the roof line must follow the

change in wall plane.



EHR005-17 page 5

This control builds on Control 2 being 1.5m

setback for two storeys and the 60% two storey

zone.

This is the least important of the setback controls

and officers can deal with poor solutions on

merit. It can be removed with limited impact.

It could be removed on its own but better re-

exhibit as part of a new approach to side

setbacks.

This is common sense. It can be dealt with by

officers on merit. It was included simply to give

all parties clear guidance.

Support change.



report)


3. Landform

E3, E4, R2, R3, R4, B1, SP3

Chapter 2

Secondary Dwellings

3. Landform

E3, E4, R2, R3

Minimise the visual impact of new development, particularly when viewed from waterways, bushland, open space

and the public domain.


EHR005-17 page 12

In practice open space is public domain so the

words are unnecessary


3. Landform

E3, E4

Chapter 2

Secondary Dwellings

3. Landform

E3, E4, R2,

The depth of cut or fill must not exceed 1m from ground level, except where the excavation is for a basement.

Council will consider cut greater than 1m where:

Despite the above, Council may consider a variation(cut or fill greater than 1m) only where:

a. Alternative design solutions have been explored and presented to Council showing no feasible solution

to excavation is available; and

b. There is unlikely to be disruption, or detrimental effects on existing drainage patterns, vegetation,

sedimentation and soil stability in the locality; and

c. The design is a sensitive solution to the constraints of the site that does not exacerbate amenity impacts

on neighbouring dwellings.

Staff reco in response to 2nd exhibition (green See EHR032-16 page 6

better drafting

Adverse impacts arise where development is cut

into the land or is significantly above ground. The

tests provided in the control are appropriate


3. Landform

R2

The depth of cut and fill must not exceed 1m from existing ground level, except where the excavation is for a

basement. Council will consider cut or fill greater than 1m only where

Despite the above, Council may consider a variation (cut or fill greater than 1m) only where


to excavation is available; and


sedimentation and soil stability in the locality, and the design is a sensitive solution to the constraints of

the site that does not exacerbate amenity impacts on neighbouring dwellings; and


on neighbouring dwellings

Staff reco in response to 2nd exhibition (green) See above - Edited for consistency.


3. Landform

R3, R4, B1, SP3

Chapter 2

Secondary Dwellings

3. Landform

R3, R4, B1, SP3

The depth of cut and fill must not exceed 1m from existing ground level, except where the excavation is for a

basement. Council will consider cut or fill greater than 1m only where:

a. Alternative design solutions have been explored and presented to Council showing no feasible

solution to excavation is available; and

b. There is unlikely to be disruption, or detrimental effects on existing drainage patterns,

vegetation, sedimentation and soil stability in the locality; and

c. The design is a sensitive solution to the constraints of the site that does not exacerbate amenity

impacts on neighbouring dwellings

Councillor Changes (blue See page 5 of Councillor Comments - Appendix

B to EHR005-17.

Remove [from E3, E4 R2] this is a R3 [and]

higher density zone. Basements and cut and fill

is a norm in higher density zones.

The draft DCP was drafted to generally provide

consistent standards for the same forms of

development across zones. However, it is

reasonable and expected that there would be

more cut and fill in the R3, R4 and SP3 zones.

Support Change.


3. Landform

E3, E4, R2, B1

Chapter 2

Secondary Dwellings

3. Landform

The natural contours of the land must not be unduly altered. Developments should avoid any unnecessary

earthworks by designing and siting buildings within the natural slope of the land. The building footprint must be

designed to minimise cut and fill by allowing the building mass to step in accordance with the slope of the land.


It is not unreasonable that development should

closely relate to natural ground level. Adverse

impacts arise where development is cut into the

land or is significantly above ground.



report)

E3, E4, R2


3. Landform

E3, E4, R2

Chapter 2

Secondary Dwellings

3. Landform

E3, E4, R2

Any excavation must not extend beyond the building footprint. Staff reco in response to 2nd exhibition (green) To ameliorate amenity as well as bulk and scale

impacts


3. Landform

E3, E4

Basement car parking is not appropriate in the E3 Environmental Management zone.


Note: E4 section refers to E3 zone - in error:

Typo.

See page 7 Councillor Comments - Appendix B

to EHR005-17.



and adding additional tests:

The design of the driveway and basement will

achieve a quality landscape setting for the

development that mitigates potential visual

impacts of excavation, and

The design of the driveway and basement

does not detract from the presentation of the

dwelling to the street and retains any natural

features on the site.

Support alternative control


3. Landform

E3, E4, R2, R3, B1

Chapter 2

Secondary Dwellings

3. Landform

E3, E4, R2, R3, R4

On sloping sites, split level and pier foundation designs should be used to minimise the need for extensive

excavation and/or under crofts, ensuring housing design steps with the natural topography of the land.


See page 7 Councillor Comments - Appendix B

to EHR005-17.

This is a principle of good design but the second

sentence still refers to working with the natural

slope.

Control 5 is advisory in any case.

Clause 6.16 (e) of LEP contains similar objective


3. Landform

E3, E4, R2, R3, R4, B1, SP3

Chapter 2

Secondary Dwellings

3. Landform

E3, R2, R3, R4, B1, SP3

Missing in E4 in error?

Earthworks must not alter ground water levels or surface stormwater flows to the extent that trees and bushland

vegetation, water bodies or other property are adversely affected.



EHR005-17 page 7

A change for dwellings carried through to

Secondary Dwg, D.O.

The intent of this control is mirrored by the

powers of the Water Management Act.

These matters are also captured by the LEP in

most cases and would be considered in any

assessment process.

While this would be better reviewed as part of a

broader review of landform controls, on its own it

is fairly minor are seldom used.

Merit decisions will achieve the same outcome.

Support change.



report)


4. Landscaping

E3, E4, R2, R3, R4, B1, SP3

Chapter 2

Secondary Dwellings

4. Landscaping

E3, E4, R2, R3, R4, B1, SP3

Contribute to water and stormwater efficiency by integrating landscape design with stormwater management. Councillor Changes (blue)


EHR005-17 page 8

This was a requested change for dwellings that

was carried through to Secondary Dwg, D.O.

A section 73 certificate does not consider

aspects of stormwater system design and

maintenance. It is focused on the needs of

Sydney Water’s systems and is not sufficient for

Council’s assessment.

Adequately covered by clause 6.4 of the LEP

and BASIX. Clause was designed simply to help

applicants.


4. Landscaping

E3, E4, R2, R3

Chapter 2

Secondary Dwellings

4. Landscaping

E3, E4, R2, R3

Housing on the ridgeline, as viewed from the water, should provide or retain a backdrop of trees to ensure the

skyline is vegetated.

Housing on the ridgeline, as viewed from the water, should retain or provide a backdrop of trees to ensure the

skyline is vegetated.



EHR005-17 page 12

This has been carried over from DCP2006. It is

rarely enforced but there is a similar objective in

6.16 (f) of LEP.


4. Landscaping

E3, E4, R2, R3, R4, B1, SP3

Street trees are only required on the side of the road where there are no continuous overhead power lines. A

minimum number of one indigenous canopy tree that will attain a minimum mature height of 6m, must be planted

at maximum spacing of 10m 7.5m, at a minimum distance of 1 metre from the kerb and/or footpath, and/or

masonry fence or retaining wall.


See EHR032-16 Street Tree Planting

Where there are no wires and it is possible to

plant large street trees, closer spacing of 7.5m is

appropriate as street trees greatly enhance the

appearance and microclimate of the street. The

recommended 7.5m spacing means that in high

and low density residential areas, on streets

without wires, trees can be planted either side of

driveways


5. Building Layout, Private Open

Space and Solar Access

E3, E4, R2, R3, R4, B1

SP3

Each dwelling is to provide an area of private open space at or near ground level that has a minimum area of

36m2 with a minimum dimension of 6m 5m, of which 9m2 must be paved.


EHR005-17 page 13

The 6m x 6m control is carried over from

DCP2006. Experience shows that the courtyards

created are not excessive, but allow room for an

outdoor table and landscape to screen the fence.

A 3m minimum width is a very poor outcome in

terms of resident amenity. It means the resident

will not have a useable area of open space.

A 5m minimum width is acceptable and would

still achieve the potential for planting and outdoor

eating space.

Chapter 2

Secondary Dwellings



E3, E4, R2, R3, R4, B1, SP3

For the proposed secondary dwelling, the area of private open space is to be oriented to take advantage of the

northern solar access, or an orientation that captures the best amenity, view or aspect.


See page 8 of Councillor Comments - Appendix

B to EHR005-17.

Does not appear to be specific to secondary

dwellings….



report)

Given that dwellings generally have more than

one aspect; residents can utilize space to take

advantage of solar access.

Support change.




E3, E4, R2, R3, R4, B1, SP3

The primary living area of a dwelling is to provide direct access to its private open space.

The primary living area of a dwelling is to provide direct access to the private open space.



B to EHR005-17.

This control applies to all forms of dwellings

across the DCP. However, It is not essential for

dwelling houses. Single dwellings are more often

built by the occupier who can best determine

their private open space requirements.

Support change.




R2, R3, R4, B1, SP3

For the proposed dwelling:

a. orientate the area of private open space to take advantage of the northern solar access, or an orientation that

captures the best amenity, view or aspect;

b. ensure 10m2 of private open space has 3 hours of solar access between 9:00am and 3:00pm at the winter

solstice (21 June);

c. overshadowing by vegetation should be ignored;

d. overshadowing by fences, roof overhangs and changes in level should be taken into consideration.


B to EHR005-17.

Given that dwellings generally have more than

one aspect; residents can utilize space to take

advantage of solar access

The control simply sought consistency across

dwelling types.

Support change.


6. Visual and Acoustic Privacy

E3, E4, R2, R3, R4, B1, SP3

Chapter 2

Secondary Dwellings


E4, R2, R3, R4, B1, SP3

Living room, dining room and kitchen windows with that provide a direct outlook to an adjacent property living

rooms, dining rooms and kitchens in an adjacent dwelling within 9m which leads to a loss of amenity, needs to

consider the following:

a. offset the edge of one window to the edge of the other window by a sufficient distance to limit the views into the

adjacent windows; or

b. provide sill heights of at least 1.6m; or

c. have fixed obscure glazing or glass blocks in any part of the window below 1.6m.

d. direct the outlook from all living rooms, dining rooms, bedrooms, kitchens and studies where possible towards

the street, private open space on the development site, public open spaces, and waterways.

e. where overlooking of adjacent living rooms, dining rooms, bedrooms, kitchens and studies or private open

space is unavoidable then screening elements such as louvres and obscured glass must be used to preserve

reasonable visual privacy for neighbours.

Note:

Visual privacy may be achieved by:

a. Designing the dwelling to maximise the separation distances from adjacent dwellings and private open spaces.

b. Direct the outlook from all living rooms, dining rooms, bedrooms, kitchens and studies where possible towards


c. Where overlooking of adjacent living rooms, dining rooms, bedrooms, kitchens and studies or private open





B to EHR005-17.

The change adds additional flexibility into the

clause.

An assessing officer would still be able to

consider this issue in their assessment.

Support change.

Chapter 2

Secondary Dwellings


E3

Living room, dining room and kitchen windows with a direct outlook to living rooms, dining rooms and kitchens in

an adjacent dwelling within 9m need to:

a. offset the edge of one window to the edge of the other window by a sufficient distance to limit the views

into the adjacent windows; or



B to EHR005-17.


clause.





report)


d. Direct the outlook from all living rooms, dining rooms, bedrooms, kitchens and studies where possible

towards the street, private open space on the development site, public open spaces, and waterways.

e. Where overlooking of adjacent living rooms, dining rooms, bedrooms, kitchens and studies or private

open space is unavoidable then screening elements such as louvres and obscured glass must be used

to preserve reasonable visual privacy for neighbours.

Support change.

Chapter 2

Secondary Dwellings


E4, R2, R3, R4, B1, SP3

Note:

Direct the outlook from all living rooms, dining rooms, bedrooms, kitchens and studies where possible towards



space is unavoidable then screening elements such as louvres and obscured glass must be used to

preserve reasonable visual privacy for neighbours.

Councillor Changes (blue) Edits clarify above.



R3,

Compliance with the NSW Planning and Environment’s Development near Rail Corridors and Busy Roads –

Interim Guidelines is mandatory for roads with an annual average daily traffic (AADT) volume greater than

40,000 and is best practice advice for roads with an AADT volume of 20,000 - 40,000 (based on the traffic

volume data available on the website of the RTA).

The Guidelines apply to development:

- located up to 300m from the road kerb and with a direct line of sight to busy roads, and, or

- located within 80m of an operational rail track

The Guidelines require that noise levels in any such residential development not exceed:

- LA eq of 35dB (A) measured within any bedroom in the building at any time between 10pm-7am and

- LA eq of 40dB(A) measured within any bedrooms between 7am-10pm and anywhere else in the building

(other than a garage, kitchen, bathroom or hallway) at any time.

Depending on the classification of a development using the screen tests in the Development near Rail

Corridors and Busy Roads – Interim Guidelines, compliance with specified noise control treatments

(Appendix C) may be required or an assessment by an acoustic consultant may be required.

Staff reco in response to 2nd exhibition (green) Correction to provide consistency – however, still

some inconsistencies within chapter with regard

to this note.


7. Vehicular Access, Parking and

Circulation

E3, E4, R2, R3, R4, B1, SP3

Each garage and storage area is to be a maximum of 40m2. Staff reco in response to 2nd exhibition (green) See EHR 032-16 pg 17 which speaks to deletion

of garage size control. Single dwelling garage

size was edited for consistency. Further, the size

of the garage is controlled by Australian

Standards see controls in Vehicular Access,

Parking & Circulation: 7.2.5 4. Car parking

layout and vehicular access requirements and

design are to be in accordance with the

Australian Standards, in particular AS 2890.1-

2004.



Circulation

E3, E4, R2, R3, R4, B1, SP3

Driveways should not exceed a maximum width of 3m 6m at the front boundary. Councillor Changes (blue) See page 9 of Councillor Comments - Appendix

B to EHR005-17.

Excessively wide driveways remove the potential

for on street parking. However, the Councillor

point is that the driveway should be wider at the

front boundary, rather than the kerb, to

accommodate other vehicles on site. This is

considered reasonable for single dwellings.

Support change.



report)

Chapter 2

Secondary Dwellings


Circulation

E3, E4, R2, R3

If provided, only two single garage doors serving both the primary dwelling and the secondary dwelling, (of

maximum 3m in width) or one double garage door, with a maximum width of 6m, are to face the street.

Staff reco in response to 2nd exhibition (green) See EHR 032-16 pg 16?

This control appears to be edited for clarification.

Further, the size of the garage is controlled by

Australian Standards see controls in Vehicular

Access, Parking & Circulation: 7.2.5 4.

Car parking layout and vehicular access

requirements and design are to be in accordance

with the Australian Standards, in particular AS

2890.1-2004.

Chapter 3 Dual occ (BM)

E3, E4, R2, R3, B1 & SP3 zones –

Streetscape and Building Form

controls

1.2.3 Development must be designed and sited so that it addresses the primary street frontage ensuring that

the path to all main entries are clearly identifiable from the street.

Staff reco in response to 2nd exhibition (green) Corner lots would have dwellings facing the

secondary street – typo/edit

E3, E4, R2, R3, B1 & SP3 zones –


controls

1.2.4 Where dwellings are provided side by side, the building entries to each dwelling should not require entry

though a space allocated for parking nor be recessed behind garaging. Pedestrian entries must be visually

prominent.

Staff reco in response to 2nd exhibition (green) EHR032-16 page 15 & 16

Side entries/garaging have streetscape impacts.

The amendment allows greater merit

assessment

E4, R2, R3, B1 & SP3 zones –


controls

1.2.3 Side entries to dwellings will only be permitted where no other suitable alternative exists. In these cases

garages must not dominant the street and a side setback of 1.5m is required to make the entry point more visible

and accessible.

Staff reco in response to 2nd exhibition (green) As above

E3, E4, R2 zones – Streetscape and

Building Form controls

1.2.5 Development must be is limited to two storeys in height above existing ground level and excavation for

basements are is not permitted. Development must Dwelling may be stepped down a steep site.

1.2.6 Despite the above Council will may permit a variation to the two storey limit (whether that be a basement

or third storey above natural ground as the additional floor level) where Council is satisfied that:

a. The third storey or basement does not result in the building having an adverse visual impact when

viewed from the public domain, waterway or open space; and

b. The basement or third storey above existing ground level does not result in a building that is incompatible



c. The alternative to a basement or third storey above existing ground would result in the loss of bushland,

existing tress or other natural features, where such exists on the site.

d. The design of the driveway and basement will achieve a quality landscape setting for the development

that mitigates potential visual impacts of excavation, and

e. The design of the driveway and basement does not detract from the presentation of the dwelling to the

street and retains any natural features on the site

Note:

Basement means the space of a building where the floor level of that space is predominantly below ground

level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground

level (existing).

If a basement construction protrudes more than 1m above ground level, it is no longer considered defined as

a basement. Its Floor space in a basement may be counted as part of gross floor area. Refer to the

definitions of gross floor area in SSLEP2015.



Green Basements and storey limitations - see

EHR032-16 page 4- 6

Concerns about bulk, scale, and streetscape

implications of 3 storey/basement development

in low density zones aimed to limit development

to two storeys.

the impacts of basements and/or three storey

and concluded that three storey

development and/or excessive excavation for

basements in the low-density zones should be

the exception rather than being generally

permitted.


EHR005-17 page 10


basements




Note: - typo changes – definition of Gross Floor

Area



report)

E3, E4, R2, R3, B1 & SP3 zones –


controls

1.2.8 Roof forms are to be designed to an appropriate size, mass and separation in order to be compatible

with the scale and character of existing buildings and landscape elements.


EHR005-17

This can be adequately dealt with by officers on

merit.

E3, E4, R2, R3, B1 & SP3 zones –


controls

1.2.10 Development must be sensitively designed so that it fully or in part maintains is sympathetic to the

amenities and view corridors so that the amenity of neighbouring public and private property is balanced and

balances this with the amenity afforded to the new development.


EHR005-17 page 4

A change for dwellings carried through to D.O.



same effect.

E3, E4 R2, R3, R4, B1 & SP3 zones

– Building Setbacks – Descriptor box





EHR005-17



controls.

E3, E4 & SP3 zones – Building

Setbacks – Controls

1. The minimum setbacks required are set out in the table below:


Front






Internal lot (where both dual occupancy

dwellings are located on an internal lot)

4.0m

Side Setback 1.5m

Rear Setback 6.0m



4.0m (internal lot)

Table 1: Setbacks

Note: The 7.5m street setback applies to the primary (narrowest) street frontage.

* The established street setback is the average distance of the setbacks of the nearest 2 dwelling houses

having the same primary road boundary and located within 40m of the lot on which the dwelling house is

erected. Where the difference between the setbacks of the nearest dwelling houses is less than or equal to

2.0m, the greater or lesser setback may be applied.

Staff reco in response to 2nd exhibition (green) see EHR032-16 page 8-10




R2, R3, R4, B1 zones – Building



Table 1: Setbacks


Front







report)








4.0m

Side Setback- Ground floor 0.9m

Second storey 1.5m

Internal lot 1.5m

Rear Setback 6.0m



4.0m (internal lot) – some variations apply






SP3 zone – Building Setbacks –

Controls


Table 1: Setbacks


Front








4.0m

Side Setback- Ground floor 0.9m

Second storey 1.5m

Rear Setback 6.0m










E3, E4, R2, R3, R4, B1 zones –

Building Setbacks – Controls

2.2.2 A variation to the established street setback may be approved where: Staff reco in response to 2nd exhibition (green) see EHR032-16 page 8-10



report)

(i) the setback proposed does not have adverse consequences for the landscape quality of the

streetscape, and

(ii) the proposed variation does not have adverse impacts on adjacent properties in terms of solar

access, visual intrusion, view loss or privacy.




E4, R2, R3, R4, B1 zones – Building


2.2.7 Despite clause 2 where a single storey dwelling forming a dual occupancy is located at the rear of the lot,

the rear setback may be reduced to 4.0m.

see EHR032-16 page 12-13

A lesser setback for single storey dwelling in rear

in order to accommodate increased FSR.

Note – this control is missing from E3?

E4, R2, R4, B1 zones – Building


2.2.11 Despite clause 2 the rear setback may be reduced to 1.5m where the rear of the original lot adjoins the

side boundary of an adjacent property. This clause does not apply to corner dual occupancy developments.

Typo

Note – this control is missing from E3?

E3, E4, R2, R3, R4, B1 zones –

Building Setbacks – Controls

2.2.9 Where an increased side setback for a part of a wall is employed for articulation, the roof line must follow

the change in wall plane.


EHR005-17 page 5

This was a change for dwellings carried through

to D.O.



zone.






setbacks.




E3, E4, R2, R3, B1,SP3 zones –

Landform – Objectives

3.1.3 Minimise the visual impact of new development, particularly when viewed from waterways,

bushland, open space and the public domain.


EHR005-17 page 12


words are unnecessary.

E3, E4, zones – Landform – Controls

3.2.1 Development is to be located so that:

a. Clearing of natural vegetation is avoided;

b. A stable building footprint can be established that:

i. does not rely on the use of cut or fill, or any other form of terracing;

ii. avoids the location of buildings over slopes greater than 18 degrees or 33%;

iii. uses, where practicable, a natural flat area.

This control was in exhibition 1 – zones E3 &

E4 – not sure why it is green?

E3, E4, R2, zones – Landform –

Controls

3.2.1 The depth of cut and fill must not exceed 1m from existing ground level, except where the

excavation is for a basement. Council will consider cut or fill greater than 1m only where:

3.2.2 Despite the above, Council may consider a variation (cut or fill greater than 1m) only where:


to excavation is available, and


sedimentation and soil stability in the locality, and

see EHR032-16 page 6

better drafting

Adverse impacts arise where development is cut

into the land or is significantly above ground. The

tests provided in the control are appropriate.



report)


on neighbouring dwellings.

E3, E4, R2,B1 zones – Landform –

Controls

3.2.4 The natural contours of the land must not be unduly altered. Developments should avoid any unnecessary

earthworks by designing and siting buildings within the natural slope of the land. The building footprint must be

designed to minimise cut and fill by allowing the building mass to step in accordance with the slope of the land.

Councillor Changes (blue) Green see EHR032-16 page 6

It is not unreasonable that development should

closely relate to natural ground level.


EHR005-17 page 12



slope.



E3 zone – Landform – Controls 3.2.5 Basement parking is not appropriate in the E3 Environmental Management zone. Councillor Changes (blue) See Councillor Comments - Appendix B to

EHR005-17 page 10



and adding additional tests:

The design of the driveway and basement will

achieve a quality landscape setting for the

development that mitigates potential visual

impacts of excavation, and

The design of the driveway and basement

does not detract from the presentation of the

dwelling to the street and retains any natural

features on the site

Note this control was kept/remains in E4 zone.

Perhaps this was an oversight?

E3, E4, R2, R3, R4, B1, SP3 zones

– Landform – Controls

3.2.6 On sloping sites, the use of split level and pier foundation designs should be used to minimise the need for

extensive excavation and/or under crofts, ensuring housing design steps with the natural topography of the land.


EHR005-17 page 12



slope.



E3, E4, R2, R3, B1 zones –

Landform – Controls

3.2. 7 Earthworks must not alter ground water levels or surface stormwater flows to the extent that trees and

bushland vegetation, water bodies or other property are adversely affected.


EHR005-17 page 7 A change for dwellings

carried through to D.O.





assessment process.



is fairly minor are seldom used. Merit decisions

will achieve the same outcome.



report)

E3, E4, R2, R3, R4, B1, SP3 zones

– Landscaping - Objectives

4.1.5 Contribute to water and stormwater efficiency by integrating landscape design with stormwater

management.


EHR005-17 page 8


was carried through to D.O.








applicants

E3, E4, R2, R3, R4, B1, SP3 zones

– Landscaping - Controls

4.2.1 Hard surface areas within the street frontage shall be limited to a maximum of 50% of the area of the

front setback, with the remaining 50% occupied by deep soil landscaping. Where vehicles must enter and

leave a site in a forward direction, dual occupancy development must be designed to accommodate front and

rear dual occupancy dwellings so that the required vehicle access can be provided, as well as the required

deep soil landscaping.



Dual occupancy development results in

additional vehicle movements and should require

safer vehicular access.

E3, E4, R2, R3, R4 zones –

Landscaping - Controls

4.2.5 Housing on the ridgeline, as viewed from the water, should retain a backdrop of trees to ensure the skyline

is vegetated.


EHR005-17 page 12


rarely enforced but there is a similar objective n

6.16 (f) of LEP.

E3, E4, R2, R3, R4, B1, SP3 zones

– Building Layout and Solar Access

and Private Open Space - Controls

5.2.3 Each dwelling is to provide an area of Private Open Space at or near ground level that has a minimum

area of 36m2 with minimum dimension of 6m 5m, of which 9m2 must be paved.


EHR005-17 page 13










eating space.

E3, E4, R2, R3, R4, B1, SP3 zones

– Building Layout and Solar Access

and Private Open Space - Controls

5.2.9 A secure space per dwelling of 10m3 6m3 (minimum dimension 1m2) set aside exclusively for storage as

part of the dwelling or garage should be provided. Storage areas must be adequately lit and secure.



Size is consistent with ADG

E3, E4, R2, R3, R4, B1, SP3 zones

–Visual & Acoustic Privacy-

Controls

6.2.3 Living room, dining room and kitchen windows with that provide a direct outlook to an adjacent property

living rooms, dining rooms and kitchens in an adjacent dwelling within 9m which leads to a loss of amenity,

needs to consider the following:





d. Direct the outlook from all living rooms, dining rooms, bedrooms, kitchens and studies where possible



EHR005-17 page 9




clause.





report)

e. Where overlooking of adjacent living rooms, dining rooms, bedrooms, kitchens and studies or private



Note:


a. Designing the dual occupancy dwellings to maximise the separation distances from adjacent dwellings

and private open spaces,

b. Direct the outlook from all living rooms, dining rooms, bedrooms and kitchens where possible towards the

street, private open space on the development site, public open spaces, and waterways.

c. Where overlooking of adjacent living rooms, dining rooms, bedrooms and kitchens or private open space

is unavoidable then screening elements such as louvres and obscured glass must be used to preserve


Design elements to achieve privacy may include:

a. Offset windows in new development and windows of adjacent development,

b. Recessed balconies and/or vertical fins between adjacent balconies,

c. Solid or semi-solid balustrades to balconies,

d. Louvres or screen panels to windows and/or balconies,

e. Fencing,

f. Vegetation as a screen between spaces,

g. Planter boxes in walls or balustrades,

h. Pergolas or shading devices to limit overlooking of lower level private open space.

E3, E4, R2, R3, R4, B1, SP3 zones

– Vehicular Access, Parking and

Circulation - Controls

7.2.1 A minimum of One parking space per dual occupancy dwelling house is required. Up to two parking

spaces per dual occupancy dwelling may be permitted provided such spaces do not excessively add to the

overall bulk and scale of the development and diminish the streetscape quality. These spaces shall be behind

the building line.

Note:

Any additional parking spaces provided in a garage are included in the calculation of gross floor area in

accordance with the definition of gross floor area in SSLEP2015.

1. Up to two parking spaces per dual occupancy dwelling may be permitted, provided such spaces do not

excessively add to the overall bulk and scale of the development and diminish the streetscape quality. These

spaces shall be behind the building line.



Better drafting of controls

If Council requires two garages

for each dwelling, approximately 80m2 is added

to the total floor, increasing building bulk.

Therefore, Council has only required 1 garage

space per dual occupancy.

E3, E4, R2, R3, R4, B1, SP3 zones



7.2.5 Despite 2, where each dwelling of the dual occupancy addresses a separate street, such as on a corner

lot, a double garage for each dwelling is permissible.

6. Tandem spaces (i.e., stacked parking) may be provided for detached dwellings.


as above

E3, E4, R2, R3, R4, B1, SP3 zones



7.2.7 Each garage and storage area is to be a maximum of 20m2. Staff reco in response to 2nd exhibition (green) see EHR032-16 page 16-17

This however, is not the case as

storage is only excluded from FSR if it's in a

basement. Given that the storage area and the

size of

the garage does not provide any exemption to

FSR calculations, it is considered appropriate to

remove the reference to the storage and garage

area requirement.



report)

E3, E4, R2, R3, R4, B1, SP3 zones



7.2.6 Car parking layout, and vehicular access requirements and design and public and private footpaths are

to be in accordance with the Australian Standards, in particular AS 2890.1-2004 and the requirements

contained in Chapter 35. On Arterial and Distributor Roads (as indentified on the DCP Road Hierarchy

Map) vehicles may be required to enter and leave a site in a forward direction, due to traffic conditions.

And

7.2.15 Car parking layout, and vehicular access requirements and design and public and private footpaths are to

be in accordance with the Australian Standards, in particular AS 2890.1-2004 and the requirements contained in

chapter 35. On Arterial and Distributor roads (as identified on the DCP Road Hierarch Map) vehicles may be

required to enter and leave a site in a forward direction due to traffic conditions.

Staff reco in response to 2nd exhibition (green) see EHR032-16 page 19




Deleted due to duplication of control.

E3, E4, R2, R3, R4, B1, SP3 zones



7.2.13 Only one single driveway access per frontage is to be provided to dual occupancy development. Where

a variation is proposed Council must be satisfied that: Council may accept a second driveway access where it

is satisfied that:

a. Each access driveway provides safe access, and

b. The availability of on street car parking is not diminished, particularly where on street car parking

demand is high, and

c. Access facilitates retention of existing street trees, rock outcrops or natural features where they occur,

and

d. Site design facilitates greater resident amenity and solar access, and

e. Development is consistent with the spatial and landscape qualities of the streetscape – in this regard

wider lots are appropriate, and

f. Car parking and garages do not dominate the streetscape.

7.2.14. Where a common driveway serves a side by side dual occupancy (where adjacent parking is provided)

and the required parking space is setback 7.5m or less, driveways should not exceed a maximum width of 4.5m at

the boundary and 3.5m at the kerb.



In most instances one driveway has less visual

impact in the street than two driveways and

better retains kerb side parking. It is appropriate

that the DCP specify one driveway as the

requirement, however, allowing a minor

extension of the width of paving at the boundary

to 4.5m could allow more sites to accommodate

parking in driveways without obstructing access

to the adjoining dwelling. The clause still allows

for variations where the tests described are met,

so there is opportunity for different dual

occupancy designs to suit specific sites, for

instance wide sites where street trees and

parking can still be accommodated.

E3, E4, R2, R3, R4, B1, SP3 zones



7.2.16 Hard surface areas within the street frontage shall be limited to a maximum of 50% of the area of the front

setback, with the remaining 50% occupied by deep soil landscaping. Where vehicles must enter and leave a site

in a forward direction, this must be achieved without compromising the contribution of the site to the landscape

quality of the street.

Note: Where vehicles must enter and leave a site in a forward direction, dual occupancy development is best

designed as front and rear dwellings so that the required vehicle access can be provided as well as the required

deep soil landscaping in the front setback.






E4, R2, B1, SP3 zones – Vehicular

Access, Parking and Circulation -

Controls

7.2.13 Single driveways should not exceed a maximum width of 3.5m at the boundary. Clarification of control.

Chapter 4 Multi Dwelling

R2 zone Streetscape and Building

Form – Controls

1.2.1 Two or three storey development is only permitted on the front of an allotment and may extend to a

maximum of 60% of the depth of the site measured from the property boundary.

MOT026-17 Council resolution

R2, R3, R4 zone Streetscape and

Building Form – Controls

1.2.13Development must be sensitively designed so that it fully or in part maintains is sympathetic to the

amenities and view corridors so that the amenity of neighbouring public and private property is balanced and

balances this with the amenity afforded to the new development.


EHR005-17 page 4


and Multi Dwg



same effect.



report)

R2, R3 zone Streetscape and

Building Form – Controls

1.2.17 Basement car parking must not result in the building having a three storey appearance when viewed

from the street.

Note:



level (existing).






Area

R2 zones – Building Setbacks –

Descriptor box





EHR005-17


and Multi Dwg, and RFBs



controls.

R2 zones – Building Setbacks –

Controls


Table 1: Setbacks


Front

Primary street frontage 7.5m - except where adjoining dwellings are




Secondary street frontage 3.0m

Side

Ground floor 0.9m for front 60% of site

4.0m for rear 40% of site

Second storey 1.5m for front 60% of site

4.0m for rear 40%

Rear

4.0m

*The established street setback is the average distance of the setbacks of the nearest 2 dwelling houses



MOT026-17






report)



R3, R4 zones – Building Setbacks –

Controls


Table 1: Setbacks

Setbacks Minimum

Street

Primary frontage 7.5m - except where adjoining dwellings are




Secondary frontage 3.0m

Side

Ground floor 1.5m

Second storey 3m

Third storey 1m from storey below

Rear

4.0m









R2, R3, R4 zones – Building


1.2.2 A variation to the established street setback may be approved where:

a. the setback proposed does not have adverse consequences for the landscape quality of the

streetscape; and

b. the proposed variation does not have adverse impacts on adjacent properties in terms of solar

access, visual intrusion, view loss or privacy.






R2, R3, R4 zones – Building


1.2.14 Where an increased side setback for a part of a wall is employed for articulation, the roof line must follow

the change in wall plane.


EHR005-17 page 5

A change for dwellings carried through to Multi

Dwelling



zone.






report)



setbacks.

Support change




R2, R3, R4 zones – Landform –

Objectives

3.1.2 Minimise the visual impact of new development, particularly when viewed from waterways, bushland, open

space and the public domain.


EHR005-17 page 12

A change for Dual Occupancies carried through

to Multi Dwg


words are unnecessary.

R2, R3, R4 zones – Landform –

Controls

3.2.1 The natural contours of the land must not be unduly altered. Developments should avoid any unnecessary

earthworks by designing and siting buildings within the natural slope of the land.


EHR005-17 page 12


to Multi Dwg



slope.



R2 zones – Landform – Controls

3.2.2.On sloping sites, split level and pier foundation designs should be used to minimise the need for extensive

excavation and/or under crofts, ensuring buildings step with the natural topography of the land


EHR005-17 page 12


to Multi Dwg



slope.



R2 R3 zones – Landform – Controls 3.2.3 Earthworks must not alter ground water levels or surface stormwater flows to the extent that trees and



EHR005-17 page 7 A change for dwellings

carried through to Multi Dwg





assessment process.



is fairly minor are seldom used. Merit decisions

will achieve the same outcome.

R2 R3, R4 zones – Landscaping –

Objectives

1.4.1 Contribute to water and stormwater efficiency by integrating landscape design with stormwater

management.


EHR005-17 page 8



report)


was carried through to D.O. and multi dwelling








applicants.

R2 zones – Landscaping – Controls 4.2.2Ground floor courtyards must not extend into the 3m landscape strip along the frontage of development.


This was a typo/consistency correction – such

control was applied in the R3 zone but not in the

R2 zone

R2 zones – Landscaping – Controls 4.2.17 Development on a ridgeline, as viewed from the water, should retain or provide a backdrop of trees to

ensure the skyline is vegetated.


EHR005-17 page 12 This was a requested

change for D.O. that was carried through to Multi

dwelling.


rarely enforced but there is a similar objective n

6.16 (f) of LEP.

R2, R3, R4 zones – Building Layout

Solar Accessand Private Open

Space – Controls

5.2.5 Each dwelling is to provide an area of private open space at or near ground level that has a minimum area

of 36m2 with minimum dimension of 6m 5m, of which 9m2 must be paved.


EHR005-17 page 13

This is a control that was changed for D.O. and

carried over to multi dwelling










eating space.

R2, R3, R4 zones –Visual and

Acoustic Privacy – Controls

6.2.3 Living room, dining room and kitchen windows with that provide a direct outlook to an adjacent property

living rooms, dining rooms and kitchens in an adjacent dwelling within 9m which leads to a loss of amenity, needs

to consider the following:





d. direct the outlook from all living rooms, dining rooms, bedrooms, kitchens and studies where possible


e. where overlooking of adjacent living rooms, dining rooms, bedrooms, kitchens and studies or private




EHR005-17 page 9


was carried through to D.O. and multi dwelling


clause.





report)

Note:


a. Designing the dwelling to maximise the separation distances from adjacent dwellings and private open

spaces,

b. Direct the outlook from all living rooms, dining rooms, bedrooms, kitchens and studies where possible



space is unavoidable then screening elements such as louvres and obscured glass must be used to

preserve reasonable visual privacy for neighbours.

R2 zones –Parking – Controls 7.2.11 Bicycle parking shall be located and designed in accordance with the controls contained in chapter 35.

This was actually a change made after the

second exhibition and hence should not be

green!

Typo/drafting – this issue is covered by Chapter

35

R2, R3, R4 zone – Adaptable and

Livable Housing - Controls

8.3.3 Dwellings provided in accordance with Clause 1 must incorporate the following Livable Housing Design

Guidelines :

• A car park 3.2m wide – where the parking area forms part of the dwelling access.

• An accessible continuous path of travel from the street entrance and/or parking area to dwelling entrance

• At least one level entrance into the dwelling

• Internal doors and corridors width that facilitate comfortable and unimpeded movement between spaces

• A toilet on the ground (or entry) level that provides easy access

• Reinforced walls around the toilet, shower and bath to support the safe installation of grab rails at a later

date

• A continuous handrail on one side of any stairway where there is a rise of more than one metre.


Typo/drafting

R3 zone – Adaptable and Livable

Housing - Controls

8.3.4 On-site car parking spaces – where parking area does not form part of the dwelling access - shall be in

accordance with Australian Standard – AS 2890.1 (as amended) and Australian Standard – AS 2890.6.

Staff reco in response to 2nd exhibition (green) Typo/drafting? This control is not in R2 zone?

R3 zone – Streetscape and Building

Form - Objectives

1. Ensure development is compatible with the future scale, character and landscape setting of the streetscape,

natural setting and scenic quality.


EHR005-17 page 1and 16

This was a change made for dwellings and RFBs

and carried over to Multi dwelling

It is reasonable that the zone objectives should

refer to an identified future character or similar

statement, so that precincts can transform to

higher densities where permissible.

Support change.

This is a sensible change in the R3 zone

Chapter 5 RFBs

Chapter 6 R4 Caringbah North

Precinct

Chapter 7 Pinnacle Street

Residential Flat Precinct

Chapter 8 Caringbah Medical

Precinct

4.Landscape Design

2. A minimum street tree planting rate is set at 2 one indigenous canopy trees that will attain a minimum mature

height of 6m for every to be planted at maximum spacing of 5m 7.5m 10m of frontage, planted at least 1m from

the kerb and/or footpath. Informal clumping of trees is encouraged. Street trees must be selected from the Native

Plant Selector available on Council’s website. Turf must also be planted.



Green see EHR032-16 page 40

To offset the bulk and scale of development,

trees need to balance the scale of new

development.


EHR005-17 page 23

Version 3 of the DCP version changed the

requirement to 1 tree every 7.5 metres.



report)

The proposed change results in a higher rate of

street tree planting than required by version 3 of

the DCP.

Planting at 1 per 5m can be accommodated with

clumping of trees in more naturalistic planting

style.

Chapter 5 RFBs


Precinct




Precinct

4.Landscape Design




Plant Selector available on Council’s website. Turf must also be planted



See above

Chapter 5 RFBs


Precinct




Precinct

4.Landscape Design

11. Communal open space should have a minimum area equal to 25% of the site for residential flat buildings with

a floor space ratio of 2:1 or greater. Where residential flat buildings have a floor space ratio of less than 2:1, 100

sqm of communal open space is required.



EHR005-17 page 28

Apartment Design Guide applies

The area of communal open space required

should generally be at least between 25 and 30

percent of the site area. Larger sites and

brownfield sites may have potential for more

than 30 percent. Where developments are

unable to achieve the recommended communal

open space, such as those in dense urban

areas, they must demonstrate that residential

amenity is provided in the form of increased

private open space and/or in a contribution to

public open space.

It is acknowledged that 25% is difficult to achieve

on smaller sites with fewer units. Under

DCP2006 this was set at 100m2 and changed to

be consistent with the ADG. An alternative

control could be set.

Support alternative that recognises context and

density.

Retain the 25% communal open space

requirement for locations where the floor space

ratio is at or greater than 2:1, with lower density

residential flat zones being required to provide

100m2 of communal open space.

Chapter 5 RFBs


Precinct




Precinct

2. Ensure development provides opportunities for cross-ventilation and natural ventilation.



EHR005-17 page 21




report)

5.Building Layout and Private Open

Space

Chapter 5 RFBs


Precinct




Precinct


Space

1. Design all development so that all rooms benefit from good ventilation.



EHR005-17 page 21


Chapter 5 RFBs


Precinct




Precinct


Space

2. Development is to be orientated to maximise sunlight within the development.



EHR005-17 page 21


Chapter 5 RFBs


Precinct




Precinct


Space

4. Each dwelling must be provided with a primary balcony/patio with direct access from the living area, with sizes

as follows:

Dwelling type Minimum area Minimum depth

Studio apartments 4sqm -

1 bedroom apartments 8sqm 2m

2 bedroom apartments 10sqm 2m

3+bedroom apartments 12sqm 2.4m

Apartments at ground level or on

a podium or similar structure

Private open space instead of

balcony: 15sqm

Private open space instead of

balcony: 3m

Councillor Changes l (blue)


EHR005-17 page 21


Chapter 5 RFBs


Precinct




Precinct

Chapter 11 B1 Neighbourhood

Centre

8. Adaptable and Livable Housing

3. Dwellings provided in accordance with Clause 1 must incorporate the following Livable Housing Design

Guidelines:

A car park 3.2m wide.

4. On-site car parking spaces shall be in accordance with Australian Standard – AS 2890.1 (as amended) and

Australian Standard – AS 2890.6.


Typo/drafting change



The strategy for the Pinnacle Street Precinct is to improve the public domain with more trees and landscaping,

improved footpaths, efficient through block links and defined on- street parking spaces. Residential flat


Minor wording amendment



report)

3.Public Domain and Landscape

Strategy

development will create a large increase in the residential population, which will increase the need for safe and

pleasant pedestrian access to shops, schools, public transport and public open space.

The creation of a small area of public open space is proposed for the end of University Road adjacent to the

railway line. This is possible when sites are developed in accordance with the amalgamation pattern which allows

the road to be shortened. The existing tree at the end of University Road can be retained and the space improved

with additional tree planting and landscaping, creating a small play area with seating and a small exercise area. A

bicycle route is planned in the railway corridor, and this space can provide a connection to the bicycle path.



5.Amalgamation Requirements

Note:

Applications seeking to vary the amalgamation plan must include copies of correspondence between the

proponent and the owners of any sites not incorporated in the designated amalgamation pattern or the

owner of any site that would be isolated by the proposed development. The correspondence must clearly

indicate that a fair financial offer has been made to that owner for incorporation into the development

proposal (based on 3 valuation reports provided with the submission) and any response to these offers.

Applicants must make this correspondence available to all landowners in the original amalgamation plan.

The information will also be publicly available at Council.

A reasonable offer, for the purposes of determining the development application and addressing the

planning implications of an isolated lot, is to be based on 3 independent valuation reports (prepared by

registered valuers and valuing the property at ‘highest and best use’) and include other reasonable expenses

likely to be incurred by the owner of the isolated property in the sale of the property.

Where it has been shown that reasonable efforts have been undertaken to facilitate amalgamation of the

isolated properties, and where no resolution can be reached between the parties, applicants must include

with their development application a plan of adjoining lots excluded from the amalgamation which shows a

schematic design of how the site/s may be developed. In such instances isolated lots are not expected to

achieve the full FSR permissible in the zone.





8. Streetscape and Built Form

Note:



level (existing).








12. Building Layout and Private

Open Space

2. Incorporate passive solar building design, including the optimisation of sunlight access to living areas and the

minimisation of heat loss and energy consumption, to avoid the need for additional artificial heating and

cooling.



EHR005-17 page 21




1. For neighbouring dwellings:


Edit/Clarification



report)

12. Building Layout and Private

Open Space

a. Direct sunlight to north facing windows of habitable rooms and 10m2 of useable private open space areas

of adjacent dwellings should not be reduced to less than 2 hours between 9.00am and 3.00pm on 21

June.

b. Consideration will be given to reduced solar access where the proposed dwelling is generally compliant

with all development standards and controls, and the extent of impact is the result of orientation, site

constraints, and or existing built forms.

c. Overshadowing by vegetation should be ignored.

d. Overshadowing by fences, roof overhangs and changes in level should be taken into consideration.

Chapter 9 Foreshores and

Waterways Development W1

Natural Waterways

Introduction

The Shire's waterways and foreshore areas have local and regional significance as they represent a valuable

estuarine environment that provides the community with opportunities for passive and active recreation. The

maintenance of the natural beauty of the waterways and the foreshores is important to the scenic quality of the

Shire. The objective of these provisions is to ensure that the visual and environmental qualities of the foreshore

and waterfront areas of Sutherland Shire are maintained and enhanced over time, whilst providing opportunities

for passive and active recreation and boating.



EHR005-17 page 26

Marked up in Councillor comments.

This is consistent with W1 zone objective.



Natural Waterways

3. Controls for Water Recreation

Structures

7. A suspended ramp and pontoon extension to a jetty may be permitted provided that the total length of the

ramp, pontoon and jetty does not exceed 20m from deemed mean high water mark.



EHR005-17 page 26

Change not supported by Staff.



Natural Waterways


Structures

a. 8. Regardless of the previous subclauses, the length of the structure is to be confined to

the minimum needed to reach Where useable water, which is taken to be 600mm depth at

00 low tide (-1.53m AHD), can be reached within the maximum 20m jetty length, the

structure should not extend beyond the minimum needed to reach useable water.


EHR032-16: Submissions were received which

expressed concerns about the increased length

of jetties permissible under the draft DCP and

resulting impacts on sea grass communities,

public access to the foreshore and other matters.



Natural Waterways


Structures

9. Jetties are not permitted where useable water, which is taken to be 600mm depth at 00 low tide (-1.53m AHD),

cannot be reached within the maximum 20m jetty length.

Councillor Changes (blue) EHR032-16: This control was introduced in

response to the second exhibition to address

concerns that jetties were not appropriate in

some situations.


EHR005-17 page 26


Marked for deletion in Councillor changes.



Recreational Waterways

2. Controls for Boat Sheds

12. Boat sheds must be constructed of low maintenance materials that are of a tone and colour that is compatible

with the immediate surrounds and the landscape character in which the boat shed is proposed.


EHR005-17 page 26

The controls attempt to minimize visual impacts

of boatsheds.

Control is carried over from DCP2006. It is

however, seldom relied upon and difficult to

enforce over time.

Change t supported by Staff.



report)





Structures

a. 8. A suspended ramp and pontoon extension to a jetty may be permitted provided that the total length

of the ramp, pontoon and jetty does not exceed 20m from deemed mean high water mark.

Councillor Changes (blue) Marked for deletion in Councillor changes.





Structures

a. 9. Regardless of the previous subclauses, the length of the structure is to be confined to the minimum

needed to reach Where useable water which is taken to be 600mm depth at 00 low tide (-1.53m AHD),

can be reached within the maximum 20m jetty length, the structure should not extend beyond the

minimum needed to reach useable water.

Staff reco in response to 2nd exhibition

(green)

EHR032-16: Submissions were received which

expressed concerns about the increased length

of jetties permissible under the draft DCP and

resulting impacts on sea grass communities,

public access to the foreshore and other matters.





Structures

10. Jetties are not permitted where useable water, which is taken to be 600mm depth at 00 low tide (-1.53m

AHD), cannot be reached within the maximum 20m jetty length.

Councillor Changes (blue) EHR032-16: This control was introduced in

response to the second exhibition to address

concerns that jetties were not appropriate in

some situations.


EHR005-17 page 26-27

Planning of the waterways requires finding a

balance between preserving the public’s

enjoyment of the waterway for recreation,

preserving its scenic quality and accommodating

private facilities on Crown land.

Finding a workable solution in the shallow bays

is difficult. One option is to facilitate jetties where

they can provide access for minor craft at high

tide. This can be facilitated by the following

amendments:

Amend clause 8 as follows.

8. A suspended ramp and pontoon extension to

a jetty may be permitted provided that the total

length of the ramp, pontoon and jetty does not

exceed 20m from deemed mean high water

mark and 500mmm depth of water can be

achieved at a 1.5m tide.

Delete

9. Jetties are not permitted where useable water,

which is taken to be 600mm depth at 00 low tide

(-1.53m AHD), cannot be reached within the

maximum 20m jetty length.


Marked for deletion in Councillor changes.




4. Controls for Mooring Pens

7. Mooring pens must be located adjacent to a jetty, ramp and pontoon structure

(defined as a water recreation structure in the Standard Instrument LEP), have

maximum dimensions of 15m x 7m (measured between poles) and when measured

together with other waterfront structures (including reclamations), the moored vessel


EHR005-17

Intended to clarify the points at which the

structure was to be measured.



report)

must not extend beyond 25m from deemed mean high water mark.


Centre


1.1 Objectives

1. Achieve development that is of an appropriate scale and context for the street and locality or contributes to

the desired future streetscape character.



EHR005-17 page 16

Given that this is the R4 zone, future character is

important.


Centre

1.Streetscape and Built Form

1.2.2

2. Development should maintain existing street frontage height where a consistent height exists, employing

parapets where appropriate.



EHR005-17 page 28

Objective already met to some degree by

objectives in the B1 and B2 zones. LEP has not

changed heights significantly therefore less

important.

Assessment officers can rely on zone objectives

and other clauses to prevent poor outcomes.

Support Change

Note: the control does not appear in B2 Illawong,

Bangor, Kareela & Woolooware hence the

Councillor change was not carried through.


Centre

2. Landscape Design

2.2.2

Existing street trees in good health are to be retained and protected. A minimum street tree planting rate is set at

one indigenous canopy tree that will attain a minimum mature height of 6m to be planted at maximum spacing of

5m, planted at least 1m from the kerb and/or footpath. Informal clumping of trees is encouraged. Street trees must

be selected from the Native Plant Selector available on Council’s website. Turf must also be planted. The species

selected must be capable of attaining a height of at least 6m at maturity, unless they are located under wires.

Planting is to be undertaken in accordance with Council’s Public Domain Manual


See EHR032-16

A tree of 6m is required in order to offset the bulk

and scale of development. Development on

smaller lots is also pressuring remnant

indigenous trees.


EHR005-17 page 23





the DCP.



style.


Centre

5. Building and Site Layout

5.1.1

1. Ensure small scale shop top housing development provides opportunities for cross-ventilation and natural

ventilation.


Minor Edit - Intended to provide clarity that the

control relates to shop top housing.


Centre

6.Shop Top Housing

Introduction

This section applies to Shop top Housing. Shop top housing is defined as, “one or more dwellings located above

ground floor retail premises or business premises” (SSLEP2015 Dictionary).

Shop top housing that is only two storeys in height, and/or contains less than four dwellings is not subject to State

Environmental Policy No 65- Design Quality of Residential Flat Development and the objectives and design

criteria of the Apartment Design Guide 2015 (APG). However the following provisions aim to ensure all future






report)

dwellings in neighbourhood centres achieve the design principles of State Environmental Policy No 65- Design

Quality of Residential Flat Development and the objectives and design criteria of the Apartment Design Guide

2015 (APG).

Neighbourhood Centres can provide opportunities for greater housing choice, particularly opportunities for older

people to age in place. The benefits of shop-top housing include: revitalisation of business centres; better use of

existing public transport infrastructure; and improved safety and security by increasing the range and hours of

activity in neighbourhood centres.

Shop top housing is defined as, “one or more dwellings located above ground floor retail premises or business

premises” (SSLEP2015 Dictionary).


Centre

6.Shop Top Housing

f. 3.Ensure small scale shop top housing development provides opportunities for solar access, cross-

ventilation and natural ventilation


Minor Edit Intended to provide clarity that the



Centre

6.Shop Top Housing

1. Shop top housing should achieve the design quality principles of State Environmental Planning Policy No

65–Design Quality of Residential Flat Development and the objectives and design criteria of the Apartment

Design Guide. This control applies for all shop top housing, including for buildings that are two storeys in

height, and/or contain less than four dwellings.

a.



control.


Centre

6.Shop Top Housing

2. Small scale shop top housing (that is, development is two storeys in height, and/or contains less than four

dwellings), Upper storey residential accommodation is required to have the following minimum side and rear

boundary setbacks:





Centre

6.Shop Top Housing

3. Variations on upper storey residential accommodation side setback controls will be assessed against the

following criteria. The Side and rear setbacks must result in a development that:

a. provides adequate resident amenity- including privacy, solar access, and ventilation;

b. responds to the local context and streetscape, providing adequate separation from existing and future

adjoining development;

c. does not prevent a neighbouring site from achieving its full development potential and optimal

orientation;

d. has architectural merit.





Centre

6.Shop Top Housing

4. Each dwelling in a small scale shop top housing development, must be provided with a primary balcony/patio

with direct access from the living area, with sizes as follows:

Dwelling type Minimum area Minimum depth

Studio apartments 4 m2 -

1 bedroom apartments 8 m2 2m

2 bedroom apartments 10 m2 2m

3+ bedroom apartments 12 m2 2.4m

Apartment at ground level or podium 15 m2 3m


Minor – edit Intended to provide clarity that the



Centre

6.Shop Top Housing

5. Living room, dining room and kitchen windows of small scale shop top housing developments, with that

provide a direct outlook to an adjacent property living rooms, dining rooms and kitchens in an adjacent

dwelling within 9m which leads to a loss of amenity, needs to consider the following:



B to EHR005-17.



report)

g. offset the edge of one window to the edge of the other window by a sufficient distance to limit the views


h. provide sill heights of at least 1.6m; or

i. have fixed obscure glazing or glass blocks in any part of the window below 1.6m.

d. direct the outlook from all living rooms, dining rooms, bedrooms, kitchens and studies where possible





Change to Dwellings, Secondary Dwg, D.O, and

carried through to small scale shop top housing

development for consistency:


clause.



Support change.


Centre

6.Shop Top Housing

6. Secure space must be provided for each dwelling in a small scale shop top housing development, in

accordance with the following table:

Dwelling type Storage size volume

Studio apartments 4 m3

1 bedroom apartments 6 m3

2 bedroom apartments 8 m3

3+ bedroom apartments 10 m3

At least 50% of the required storage is to be located within the dwelling and accessible from circulation or

living spaces.




Chapter 12: B2 Local Centre

Bangor, Illawong, Kareela and

Woolooware Bay


Gymea


Heathcote


Jannali

Chapter 16: B2 Local Centre B4

Mixed Use Centre

Chapter 17: B3 Commercial Core

Caringbah


Cronulla

4.2.9

Note:

Basement means the space of a building where the floor level of that space is predominantly below ground level

(existing) and where the floor level of the storey immediately above is less than 1 metre above ground level

(existing).

If a basement construction protrudes more than 1m above ground level, it is no longer considered defined as a

basement. Its Floor space in a basement may be counted as part of gross floor area. Refer to the definitions of

gross floor area in SSLEP2015.



Area



report)


Engadine


Menai


Miranda


Southgate


Sutherland




Woolooware Bay


Gymea


Heathcote


Jannali


Mixed Use Centre


Caringbah


Cronulla


Engadine


Menai

7.1.3 Ensure new development is compatible within the established desired future streetscape character, or

contributes to the desired future streetscape character.


EHR005-17 page 16

Changes carried through to

Given that this is the R4 zone, future character is

important.



report)


Miranda


Sutherland

7. Street Setbacks



Woolooware Bay

4. Building and Site Layout




EHR005-17 page 21




Woolooware Bay


Gymea


Heathcote


Jannali


Mixed Use Centre


Caringbah


Cronulla


Engadine


Menai


Miranda

8.2.1 Existing street trees in good health are to be retained and protected. A minimum street tree planting rate is

set at one indigenous canopy tree that will attain a minimum mature height of 6m to be planted at maximum

spacing of 5m planted at least 1m from the kerb and/or footpath. Informal clumping of trees is encouraged. Street

trees must be selected from the Native Plant Selector available on Council’s website. Turf must also be planted.

The species selected must be capable of attaining a height of at least 6m at maturity, unless they are located

under wires. Planting is to be undertaken in accordance with Council’s Public Domain Manual.



See EHR032-16 pg 42




indigenous trees.


EHR005-17 page 23





the DCP.



style.



report)


Southgate


Sutherland

8. Landscape



Woolooware Bay


Gymea


Heathcote


Jannali


Mixed Use Centre


Caringbah


Cronulla


Engadine


Menai


Miranda


Southgate


Sutherland

This section applies to shop top housing and residential flat buildings. Shop top housing is defined as, “one or

more dwellings located above ground floor retail premises or business premises” (SSLEP2015 Dictionary).



criteria of the Apartment Design Guide 2015 (APG). However the following provisions aim to ensure all future

dwellings in the centre achieve the design principles of State Environmental Planning Policy No 65–Design

Quality of Residential Flat Development and the objectives and design criteria of the Apartment Design Guide

(2015).

Councillor Changes (blue) Minor Edit - Clarifies the relationship between

the ADG and the DCP in relation to shop top

housing.



report)

12. Shop Top Housing &

Residential Flat Buildings

Introduction



Woolooware Bay


Gymea


Heathcote


Jannali


Mixed Use Centre


Caringbah


Cronulla


Engadine


Menai


Miranda


Southgate


Sutherland



12.1.3

3. Ensure small scale shop top housing development provides opportunities for solar access, cross-

ventilation and natural ventilation.

Councillor Changes (blue) Minor Edit - Intended to provide clarity that the




report)



Woolooware Bay

Shop Top Housing and


1. Residential flat buildings and shop top housing should achieve the design quality principles of State

Environmental Planning Policy No 65–Design Quality of Residential Flat Development and the objectives and

design criteria of the Apartment Design Guide. This control applies for all shop top housing, including for

buildings that are two storeys in height, and/or contain less than four dwellings.

Councillor Changes (blue) Minor Edit - Clarifies the relationship between

the ADG and the DCP in relation to shop top

housing.



Woolooware Bay


Gymea


Heathcote


Jannali


Mixed Use Centre


Caringbah


Cronulla


Engadine


Menai


Miranda


Southgate


Sutherland

2. Facades of upper storey residential accommodation with windows or balconies are Small scale shop top

housing (that is, development is two storeys in height, and/or contains less than four dwellings), is required

to achieve the following minimum side and rear boundary setbacks:

Building Height Setback from boundary

where the façade

contains windows from

bathroom and/or

laundry, storage, or

highlight windows only

Setback from boundary

where the façade

contains windows from

habitable rooms

including living rooms,

kitchens, bedrooms, or

studies, and/or

balconies

Up to 12m 4.5m 6m

12 m – 25m 6.5m* 9m

Over 25 m 9m 12m

Note:

Highlight windows have a sill height of at least 1.6m above the respective floor level.

Side and rear setbacks are measured perpendicular from the side or rear boundary to the closest extent of

the building, including balconies, awnings, sunscreens and the like (excluding eaves).

*For buildings up to 25m the ADG allows 9m building separation between non-habitable rooms. Where a

new development is adjacent to an existing building with non-habitable rooms facing the side boundary, the

side setback of a new development could be reduced as specified in the ADG.

3. Variations on The side and rear setbacks controls will be assessed against the following criteria. The side

setbacks must result in a development that:


EHR005-17 page 17

The ADG building separation requirements have

been converted into DCP setback requirements.

Often adjoining sites are not yet developed/

underdeveloped. The aim of the control is to

equally share the burden of separation.

However, the visual privacy controls of 3F of the

ADG set boundary setbacks which a DCP

cannot be inconsistent with. These can be more

onerous than the DCP. Therefore section should

be deleted and rely on ADG.

Support change.

Delete the control wherever it appears in relation

to residential flats



report)



12.2.3



Woolooware Bay


Gymea


Heathcote


Jannali


Mixed Use Centre


Caringbah


Cronulla


Engadine


Menai


Miranda


Southgate


Sutherland



12.2.3

4. Residential accommodation Shop top housing is to be sited and designed to maximise direct sunlight to

north-facing living areas and all private open space areas.





report)



Woolooware Bay


Gymea


Heathcote


Jannali


Mixed Use Centre


Caringbah


Cronulla


Engadine


Menai


Miranda


Southgate


Sutherland



12.2.3

10. Each dwelling in a small scale shop top housing development must be provided with a primary balcony/patio






Woolooware Bay

12. Secure space in a small scale shop top housing development must be provided for each dwelling in






report)


Gymea


Heathcote


Jannali


Mixed Use Centre


Caringbah


Cronulla


Engadine


Menai


Miranda


Southgate


Sutherland



12.2.3



Woolooware Bay


Gymea

13. Residential development adjacent to a rail corridor or a busy road should be designed and sited to minimise

noise impacts. Refer to State Environmental Planning Policy (Infrastructure) 2007 and the NSW Department

of Planning’s Development near Rail Corridors and Busy Roads –Interim Guideline.

Councillor Changes (blue) Minor – Edit Control covered elsewhere in visual

and acoustic privacy section of the chapters.

Deleted to remove repetition of the control.



report)


Heathcote


Jannali


Mixed Use Centre


Caringbah


Cronulla


Engadine


Menai


Miranda


Southgate


Sutherland



12.2.3



Woolooware Bay


Gymea


Heathcote

14. Communal open space should have a minimum area equal to 25% of the site for residential flat buildings

and shop top housing with a floor space ratio of 2:1 or greater. Where residential flat buildings and shop top

housing have a floor space ratio of less than 2:1, 100 sqm of communal open space is required.


EHR005-17 page 28













report)


Jannali


Mixed Use Centre


Caringbah


Cronulla


Engadine


Menai


Miranda


Southgate


Sutherland



12.2.3


public open space.


on smaller sites

with fewer units. Under DCP2006 this was set at

100m2 and changed to be consistent with the

ADG. An alternative control could be set.


density.








Woolooware Bay

11. An appropriate waste storage area is to be provided to store waste and recyclables.

Councillor Changes (blue) Minor Edit - Covered in waste section of DCP



Woolooware Bay

Car parking shall be provided at the minimum rate of 1 space per dwelling and a maximum of 2 spaces. Councillor Changes (blue) Minor Edit - Covered in Parking Section of DCP



Woolooware Bay


Gymea


Guidelines:

• A car park 3.2m wide.

• An accessible continuous path of travel from the street entrance and/or parking area to dwelling

entrance.

• At least one level entrance into the dwelling.

• Internal doors and corridors width that facilitate comfortable and unimpeded movement between spaces.


Minor Edit - drafting change



report)


Heathcote


Jannali


Mixed Use Centre


Caringbah


Cronulla


Engadine


Menai


Miranda


Southgate


Sutherland

13. Adaptable and Livable

Housing

13.3

• A toilet on the ground (or entry) level that provides easy access.

• Reinforced walls around the toilet, shower and bath to support the safe installation of grab rails at a later

date.

• A continuous handrail on one side of any stairway where there is a rise of more than one metre.

3. On-site car parking spaces shall be in accordance with Australian Standard – AS 2890.1 (as amended) and

Australian Standard – AS 2890.6.

Chapter 24: B5 Business

Development Zone

Ch.24 - Landform 1. Landform

In order to contribute to the quality and identity of the area, new development must respect landform and natural

settings. Development must be designed so that it minimises impacts to natural land forms and local ecology.

6.1 Objectives

1. Minimise interruption and alteration of groundwater levels and flows.


EHR005-17 page 8 -




most cases.



report)

2. Minimise impacts on surrounding vegetation and provide increased opportunities for tree retention, including

trees on neighbouring properties.

6.2 Controls

1. Earthworks must not alter ground water levels or surface stormwater flows to the extent that trees and

bushland vegetation on adjacent sites or water bodies are adversely affected.

Ch. 24 - Landscaping 7.7. 7 Contribute to water and stormwater efficiency by integrating landscape design with water and stormwater

management.


EHR005-17 page 8 -



applicants.

Ch. 24 – Landscaping 7.2.9 All new developments will be required to install street frontage works including street trees and/or footpath in

accordance with the Public Domain Design Manual. A minimum street tree planting rate is set at one indigenous

canopy tree that will attain a minimum mature height of 6m to be planted at maximum spacing of 7.5m.


See EHR032-16




indigenous trees.

Chapter 25: B6 Enterprise

Corridor Zone

Ch. 25 – Streetscape and Building

Form

12. Frontage works for all developments must be in accordance with the SSC Public Domain Design Manual. A

minimum street tree planting rate is set at one indigenous canopy tree that will attain a minimum mature

height of 6m to be planted at maximum spacing of 7.5m.


See EHR032-16 pg 42




indigenous trees.

Ch. 25 - Landform 1. Landform


settings. Development must be designed so that it minimises impacts to natural land forms and local ecology.

6.1 Objectives




6.2 Controls




EHR005-17 page 8 -




most cases.

Ch. 25– 7. Landscaping 7.7.1.7 Contribute to water and stormwater efficiency by integrating landscape design with water and stormwater

management.


EHR005-17 page 8 -



report)



applicants.

Chapter 26: B7 Business Park

Zone

Introductory Paragraph This part of the DCP provides development standards for development in Zone B75 Business Park Development.

This part of the DCP provides the development controls for the IN4 Working Waterfront. It should be read in

conjunction with Vehicular Traffic Parking and Bicycles (Ch.35), Stormwater and Groundwater Management

(Ch.37), Part 1 Natural Resource Management (Ch.38), Environmental Risk (Ch.39), Social Impact and

Administrative Provisions (Ch.41). Depending on the proposed use, Chapter 36 - Late Night Trading may also

apply.

Council’s Public Domain Manual contains guidelines for public domain design, for example street furniture and

footpath design and materials.


(green)

Edit to the draft DCP to correct any typographical

errors, technical anomalies, and to ensure

consistency.

Ch. 26 – Streetscape and Building

Form

2.2.12 Frontage works for all developments must be in accordance with the SSC Public Domain Design

Manual. A minimum street tree planting rate is set at one indigenous canopy tree that will attain a

minimum mature height of 6m to be planted at maximum spacing of 7.5m.


See EHR032-16 pg 42




indigenous trees.

Ch. 26 - Landform 2. Landform


settings. Development must be designed to minimise impacts to natural land forms and local ecology.

6.1 Objectives




6.2 Controls




EHR005-17 page 8 -




most cases.

Ch. 26 – 7. Landscaping 7.1.7 Contribute to water and stormwater efficiency by integrating landscape design with water and stormwater

management.


EHR005-17 page 8 -



applicants.

Ch. 27.IN1 General Industrial – 2.


Ch. 28. IN2 Light Industrial - 2.


12. Frontage works for all developments must be in accordance with the SSC Public Domain Design Manual. A

minimum street tree planting rate is set at one indigenous canopy tree that will attain a minimum mature height of

6m to be planted at maximum spacing of 7.5m.

See EHR032-16 pg 42




indigenous trees.



report)

Ch. 29.IN3 Heavy Industrial – 2.


Ch. 30. IN4 Working Waterfront –


(14.)

Ch. 27 – 6. Landform

Ch. 28- 6. Landform

Ch. 29. -6. Landform

5. Landform


settings. Development must be designed to minimise impacts to natural land forms and local ecology.

6.1 Objectives




6.2 Controls




EHR005-17 page 8 -




most cases.

Ch. 27 IN1,Ch. 28. IN2,

Ch. 29. IN3 – 7. Landscaping

7.1.7 Contribute to water and stormwater efficiency by integrating landscape design with water and stormwater

management.


EHR005-17 page 8 -



applicants.

Ch. 30. IN4– 7. Landform (5.1) 2. Minimise the visual impact of new development, particularly when viewed from waterways, bushland, open

space and the public domain.


EHR005-17 page 12


words are unnecessary

Ch. 30. IN4 – 7. Landform (5.2) 2. Earthworks must not alter ground water levels or surface stormwater flows to the extent that trees and bushland

vegetation, water bodies or other property are adversely affected.


EHR005-17 page 8










applicants.



report)

Ch. 30. IN4 – 7. Landscaping (6.1) 7. Contribute to water and stormwater efficiency by integrating landscape design with water and stormwater

management.


EHR005-17 page 8










applicants.

Ch. 31. SP3 Tourist Zone – 3.

Street Setbacks (3.2)

5. Where private courtyards are located in the front setback, the outdoor living space must be set back a minimum

of 3m from the front boundary to allow a landscape strip at the street frontage, which should be planted with trees

and landscaping that complement the scale of the development. Where the front setback is to be used as a

private open space for a ground floor unit, it should include both paving and planting.

5. Where private courtyards are located in the front setback, their design must not compromise the potential for

large scale indigenous trees that will complement the scale of the building. The large trees are to be planted in

areas of common property adjacent to the street where they will not be in conflict with built elements as they

mature. Privacy to courtyards is to be achieved through the use of open form fencing and vegetation.


EHR005-17

Page 25

Support the following performance based

alternative:

Where private courtyards are located in the front

setback, their design must not compromise the

potential for large scale endemic trees that will

complement the scale of the building. The large

trees are to be provided in areas of common

property adjacent to the street where they will

not be in conflict with built elements as they

mature. Privacy to courtyards is to be achieved

through the use of open form fencing and

vegetation.

Ch. 31. SP3 – 4. Side and Rear

Setbacks


creates a visually interesting facade. Increasing the setback of buildings as the height and length of the elevation

increases further reduces the impact of the building as well as making provision for areas of meaningful

landscaping.


EHR005-17



controls.

Ch. 31. – 4. Side and Rear

Setbacks(4.2 Shop Top Housing

and Residential Flat Buildings in

the SP3 Tourist Zone)

2.Small scale shop top housing (that is, development is two storeys in height, and/or contains less than four

dwellings), is required to achieve the following minimum side and rear boundary setbacks: required are as follows:

Note:

*For buildings up to 25m, the ADG allows 9m building separation between non-habitable rooms. Where a new

development is adjacent to an existing development on a neighbouring site with non-habitable rooms facing the

side boundary, the side setback of a new development could be reduced accordingly.

Highlight windows have a sill height of at least 1.6m above the respective floor level.

Side and rear setbacks are measured perpendicular from the side or rear boundary to the closest extent of the

building, including balconies, awnings, sunscreens and the like (excluding eaves).

3. Variations on The side and rear setbacks controls will be assessed against the following criteria. The side

setbacks must result in a development that: a. provides adequate resident amenity- including privacy, solar

access, ventilation, and landscaped setbacks;



EHR005-17 page 18:

Delete the control wherever it appears in relation

to residential flats

And, supports staff recommendation EHR005-17

page 29:

27. In relation to Side and Rear Setbacks for

Residential Flat Buildings delete the table setting

the

side and rear boundary setbacks wherever it

occurs and any controls that become

inconsistent

as a result also be removed.



report)

b. responds to the local context and streetscape, providing adequate separation from existing and future adjoining

development;

c. does not prevent a neighbouring site from achieving its full development potential and optimal orientation;

d. has architectural merit.

The reasoning is explained in Councillor

Comments - Appendix B to EHR005-17 page 18

staff comments:

The ADG building separation requirements have

been converted into DCP setback requirements.

Often adjoining sites are not yet developed/

underdeveloped. The aim of the control is to

equally share the burden of separation.

However, the visual privacy controls of 3F of the

ADG set boundary setbacks which a DCP

cannot be inconsistent with. These can be more

onerous than the DCP. Therefore section should

be deleted and rely on ADG.

Ch. 31. – 5. Landscape Design

(5.1)

4. Contribute to water and stormwater efficiency by integrating landscape design with water and stormwater

management.


EHR005-17 page 8










applicants.

6. Ch. 31. – 5. Landscape

Design (5.2)




Plant Selector available on Council’s website. Turf must also be planted.

Councillor Changes (blue) Green see EHR032-16 page 40

To offset the bulk and scale of development,

trees need to balance the scale of new

development.


EHR005-17 page 23





the DCP.



style.

Ch. 31. – 5. Landscape Design

(5.2)

11. Communal open space should have a minimum area equal to 25% of the site for residential flat buildings with

a floor space ratio of 2:1 or greater. Where residential flat buildings have a floor space ratio of less than 2:1, 100

sqm of communal open space is required.


EHR005-17 page 28









report)






public open space.


on smaller sites

with fewer units. Under DCP2006 this was set at

100m2 and changed to be consistent with the

ADG. An alternative control could be set.


density.






Ch. 31. – 6. Building Layout and

Private Open Space (6.1)



EHR005-17 page 21


Ch. 31. – 6. Building Layout and

Private Open Space (6.2)

1. Design all development so that all rooms benefit from good ventilation.

2. Development is to be orientated to maximise sunlight within the development.

3. Incorporate passive solar building design, including the optimisation of sunlight access to living areas and the

minimisation of heat loss and energy consumption, to avoid the need for additional artificial heating and cooling.




EHR005-17 page 21


Ch. 31. – 10. Safety and Security

(11.2)

Councillor Changes (blue) See EHR005-17 page:

34. In relation to Parking for Residential Flat

Buildings in zones R4, B2, B3 & B4 this table be

amended wherever occurring.

Residential Flat Building in Zone B2 & B3:

Minimum 1 space per dwelling – maximum 2

spaces. No visitor parking.

See page appendix B EHR005-17 page 31,

Councillors support change

Ch. 32. RE2 Private Recreation

Zone – Intro

11. Contribute to water and stormwater efficiency by integrating landscape design with stormwater management.


EHR005-17 page 8







report)






applicants.

Chapter 33. Ancillary

Development - Intro

Part 1 General ancillary development. This includes:

• Access ramps

• Aerials, antennae and communication dishes

• Air conditioning units and roof mounted evaporative cooling units

• Animal shelters and aviaries

• Awnings, blinds and canopies

• Balconies, decks, patios, pergolas, terraces and verandahs

(Note: Development attached to a dwelling house, may also be considered under the DCP Dwelling House

Chapter 1 provisions)

• Constructed barbeques and other built outdoor cooking structures

• Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses

• Flagpoles

• Fowl and poultry houses

• Garbage bin storage enclosures

• Hotwater systems

• Privacy screens

• Rainwater tanks

• Tennis courts.


(green)

Typo/edit

a. General Ancillary

Ch. 33. - 2.2 Development –

Controls

2. Ancillary structures must not be visually dominant in the foreshore area of any property. The remainder of

the foreshore area should:

a. retain its natural landform,

b. be landscaped with indigenous species chosen from Council’s Native Plant Selector available on

Council’s website.

Note:

SSLEP2015 Clause 6.9 limits development in the Foreshore Area.


(green)

Typo/edit

Ch. 33. Ancillary Development– 2

Detached Garages, Carport and

Hardstand Spaces – Controls

2.1.7

1. Tandem spaces (i.e., stacked parking) may be provided for dwelling houses.


(green)

Typo/edit

Ch. 33. – 2 Detached Garages,

Carport and Hardstand Spaces –

Controls 2.1.7




EHR005-17 page 8










report)



applicants.

Ch. 34. Other Uses – 10. Safety

and Security (11.2)

4. The outdoor play spaces are to be:

a. located to provide clear access so as to have direct access to toilets and indoor play areas;



Ch. 34. – 9. Neighbourhood Shops

and Shop Top Housing in R3 and

R4

Shop top housing is defined as, “one or more dwellings located above ground floor retail premises or business

premises” (SSLEP2015 Dictionary).



criteria of the Apartment Design Guide 2015 (APG). However, these provisions aim to ensure all future dwellings

achieve the design principles of State Environmental Planning Policy No 65–Design Quality of Residential Flat

Development and the objectives and design criteria of the Apartment Design Guide 2015 (ADG)

Good design provides a building layout that maximises the natural attributes of the site. Carefully considered

building layout and design also creates a higher level of amenity for occupants through enhanced visual and

acoustic privacy, passive heating and cooling, attractive outlooks from living spaces, and flexible and useable

indoor and outdoor spaces that meet the needs of occupants.

Good design also needs to have particular regard to the amenity of residents and surrounding residential uses.

The following controls apply to neighbourhood shops and any associated shop top housing that is proposed in the

R3 Medium Density Residential or R4 High Density Residential zones.

Shop top housing is defined as one or more dwellings located above ground floor retail premises or business

premises.

Councillor Changes (blue) Clarifies the relationship between the ADG and

the DCP in relation to shop top housing.



R4 (9.2)




Intended to provide clarity that the control relates

to shop top housing.



R4 (9.2)

12. Secure space must be provided for each dwelling in a small scale shop top housing development, in



Intended to provide clarity that the control relates

to shop top housing.



R4 (9.2)

17. Street tree planting is required at minimum of one indigenous canopy tree that will attain a minimum mature

height of 6m, planted at 15m maximum spacing of 7.5m intervals, at a minimum distance of 1 metre from the kerb

and/or footpath.





indigenous trees.



R4 (9.2)

Living room, dining room and kitchen windows with that provide a direct outlook to an adjacent property living

rooms, dining rooms and kitchens in an adjacent dwelling within 9m which leads to a loss of amenity, needs to

consider the following:

a. offset the edge of one window to the edge of the other window by a sufficient distance to limit the views into the

adjacent windows; or



d. direct the outlook from all living rooms, dining rooms, bedrooms, kitchens and studies where possible towards



B to EHR005-17.


clause.



Support change.



report)




Note:


a. Designing the dwelling to maximise the separation distances from adjacent dwellings and private open spaces.

b. Direct the outlook from all living rooms, dining rooms, bedrooms, kitchens and studies where possible towards







R4 (9.3)


Guidelines:

• A car park 3.2m wide.





R4 (9.5)

1. Car parking shall be provided in accordance with the following table.

Councillor Changes (blue) Typo/drafting change

Ch. 35. – Vehicular Access Traffic

Parking and Bicycles (1.2)

*Staff reco in response to 2nd exhibition

(green)

While text is blue this is really a staff

recommendation (green) change

See EHR005-17 page:

34. In relation to Parking for Residential Flat

Buildings in zones R4, B2, B3 & B4 this table be

amended wherever occurring.

Residential Flat Building in Zone B2 & B3:

Minimum 1 space per dwelling – maximum 2

spaces. No visitor parking.

See page appendix B EHR005-17 page 31,

Councillors support change



report)

Ch. 38. – Tree and Bushland

Vegetation (4.4)

c. Removal of a tree that poses an immediate and obvious danger, provided that the tree’s instability is obvious

and that there is immediate danger and/or hazard to life and/or property. In such instances, a landowner is

required to be able to support the immediacy of the danger by the risk being witnessed by a Council Officer,

Police Officer or other Emergency Services Officer. Alternatively, a report by a person who has obtained an AQF

level 4 or higher qualification in Arboriculture (Horticulture), or photographic evidence and Statutory Declarations

from third parties should be obtained. Circumstances where the use of this exemption is appropriate include trees

with structurally split trunks; trees or limbs felled by storms that are damaging buildings or blocking access ways;

or

This really should not be highlighted as it was

a change Staff reco in resp to1st exhibition

(red)


Ch. 38. Natural Resource

Management – Tree and Bushland

Vegetation (4.11.2)

2. Dead trees are generally exempt from protection except where they contain hollows or nesting sites for native

fauna.

This really should not be highlighted as it was

a change Staff reco in resp to1st exhibition

(red)


Ch. 39. Environmental Risk – Land

Use Categories (3)

Concessional Development

In the case of residential development:

(a)An internal or external alteration to an existing dwelling, which does not change the floor area and/or footprint

of the existing dwelling;

(b)An addition or alteration to an existing dwelling of not more than 10% or 30m2 (whichever is the lesser) of the

floor area which existed at the date of 15 November 2006;

(c) The construction of an outbuilding with a maximum floor area of 20m2.


Intended to provide clarify the meaning of

alteration