ryde city council · clause 56d requires adequate water and sewerage services to be provided. on...

CITY OF RYDE DEVELOPMENT COMMITTEE

AGENDA NO. 4/04 The above Committee will meet on Tuesday, 4 May, 2004 in Committee Room No. 2, Fifth Floor, Civic Centre, Ryde at 4.00pm to discuss the following matters. Any matters not determined at the meeting will be considered by the Council at its meeting to be held on Tuesday 11 May, 2004. CONTENTS Item Property/Subject ELECTION OF CHAIRPERSON & DEPUTY CHAIRPERSON .......................... 1 2 CONFIRMATION OF COMMITTEE REPORT .................................................... 2 3 44 MIRIAM ROAD & 104 WEST PARADE, DENISTONE. LOT: 91A

DP: 6272 and 102 West Parade. Lot A DP: 416894. Local Development Application to demolish dwelling and construct 5 villas (3 x 3 bedroom & 2 x 2 bedroom). LDA 1260/2003. Applicant: Anthony W Price Architect.

INSPECTION 4.20PM & INTERVIEW 5.25PM .............................................. 3 4 7 PORTER STREET, RYDE. LOT: 22 DP: 4481. Local Development

Application for Use of existing industrial building by building construction firm and new acoustic fence. LDA 851/2003. Applicant: New Age Constructions (NSW) Pty Ltd.

INSPECTION 4.35PM & INTERVIEW 5.30PM ............................................. 41 5 60 PELLISIER ROAD, PUTNEY. Lot 92 in DP 590979. Local

development application for a 2 Storey Outbuilding and Attached Swimming Pool. LDA No. 796/2003. Applicant: M Grodzicky. INSPECTION 4.50PM & INTERVIEW 5.35PM .................................................. 59

6 9 DELMAR PARADE, GLADESVILLE. Lot 33 in DP 16334. Application

pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979 to amend the Approved Dwelling House. LDA No. 2003/130. Applicant: J & K Barnard.

INSPECTION 5.05PM & INTERVIEW 5.40PM .................................................. 75 7 9 DELMAR PARADE, GLADESVILLE. LOT: 33 DP: 16334. Local

Development Application for the construction of an inground swimming pool within the foreshore building line. LDA 6/2004. Applicant: Sunrise Pools Pty Ltd.

INSPECTION 5.05PM & INTERVIEW 5.40PM ............................................. 89


AGENDA NO. 4/04 The above Committee will meet on Tuesday, 4 May, 2004 in Committee Room No. 2, Fifth Floor, Civic Centre, Ryde at 4.00pm to discuss the following matters. Any matters not determined at the meeting will be considered by the Council at its meeting to be held on Tuesday 11 May, 2004. CONTENTS Item Property/Subject Page 8 12-14 POTTS ST, RYDE. Lots 1&2 DP 7782. Local Development

Application for the 5 villa homes (3x3 bedroom and 2x2 bedroom) with strata subdivision. LDA 381/2003. Applicant: Mr J Goian. INTERVIEW 5.55PM ......................................................................................... 110

9 68 BLAXLAND ROAD, RYDE. LOT: 17 DP: 9692. Section 96

Application to extend hours of operation of the Royal Hotel to 3:30 am Mondays to Saturdays, 12:00 midnight on Sundays. Section 96 Application No. 3707.2/1988. Applicant: Las Legal.

INTERVIEW 6.10PM ................................................................................... 144 10 10-12 JONES STREET, RYDE. LOT: E DP: 36479. Local

Development Application for demolition & construction of 2x2 & 3x3 bedroom villas. LDA 1218/2003. Applicant: Spinal Cord Injuries Aust. Ltd. INTERVIEW 6.15PM ................................................................. 157

11 12 PILE STREET, GLADESVILLE. LOT: 2 DP: 554251. Local

Development Application for Demolition and construction of dwelling house, boathouse and inground swimming pool. LDA 496/2003. Applicant: Architecture and Building Works.

INTERVIEW 6.20PM ................................................................................... 185 12 318 ROWE STREET EASTWOOD. Lot 4 in DP 306560. Local

development application for demolition of the existing garage and the erection of a new garage. LDA No. 1252/2003. Applicant: J and E Dumas. .............................................................................................................. 209

13 2 IVY STREET, RYDE. LOT: 2 DP: 29353. Local Development

Application for the construction of a two storey duplex. LDA No. 2/2004. Applicant: Tommy Tse & Connie Tse. ........................................ 227

14 34 RYEDALE ROAD, DENISTONE. LOT: A DP: 417402. Local

Development Application to construct Urban Housing development consisting of 2x3 and 1x2 bedroom villas. LDA 646/2003. Applicant: Roger Jong Yeol Seo. ............................................ 257


AGENDA NO. 4/04 The above Committee will meet on Tuesday, 4 May, 2004 in Committee Room No. 2, Fifth Floor, Civic Centre, Ryde at 4.00pm to discuss the following matters. Any matters not determined at the meeting will be considered by the Council at its meeting to be held on Tuesday 11 May, 2004. CONTENTS Item Property/Subject Page 15 53 ADELAIDE STREET, WEST RYDE. LOT: B DP: 355965. Local

Development Application for construction of 2x3 bedroom villas and strata subdivision. LDA 39/04.

Applicant: Yoko Ka Ling Chung. .............................................................. 293 16 35 FORD STREET, NORTH RYDE – Enforcement of Order to

Demolish Unapproved Structure. ............................................................ 321

Confidential 17 6 CAM STREET, NORTH RYDE – Potential Prosecution for

Unauthorised Building Works ....................................................................... 327

CITY OF RYDE Development Committee Agenda No. 4/04 Page 1

ITEM 1 ELECTION OF CHAIRPERSON & DEPUTY CHAIRPERSON


ITEM 2 CONFIRMATION OF COMMITTEE REPORT RECOMMENDATION: That the report of the meeting of the Development Committee No. 3/04 held on 2 March 2004, be confirmed.


ITEM 3 44 MIRIAM ROAD & 104 WEST PARADE, DENISTONE. LOT: 91A DP: 6272 and 102 West Parade. Lot A DP: 416894. Local Development Application to demolish dwelling and construct 5 villas (3 x 3 bedroom & 2 x 2 bedroom). LDA 1260/2003. Applicant: Anthony W Price Architect.

INSPECTION 4.20PM INTERVIEW 5.25PM

Manager Environmental Assessment Reports 15 April 2004 FILE NO: LDA03/1260

EXECUTIVE SUMMARY

This report considers an application for demolition, and construction of an Urban Housing development consisting of five (5) villas. The development is designed in a “dual row” arrangement with a common driveway between the two rows. Each dwelling is provided with the required car parking space. Two visitor parking spaces have been provided. The owner of 102 West Parade has a deferred commencement consent (LDA 597/2003) for demolition and construction of 2x2 bedroom villas. The proposal is now to consolidate this site with 44 Miriam Road and construct 5 villas. The consolidated site will comply with the linear separation requirement. The proposal generally complies with the requirements of the Urban Housing Development Control Plan (DCP 21A) except for visitor parking and sunlight access to private courtyard for Villa 2. Nine (9) submissions were received. The application is recommended for approval. Reason for Referral to Development Committee: Nature of development and submissions received. SITE: (Refer to attached map.) Address : 44 Miriam Road & 104 West Parade, Denistone Site : Area 1650.3m2 (986.4m2 + 663.9m2) Frontage 51.9m (combined frontage) metres Depth approximately 25 to 39 metres


ITEM 3 (Continued) Topography and Vegetation : Moderate fall from its front boundary adjacent to West

Parade to its western rear boundary. No significant trees. Existing Buildings : Two single-storey dwelling. PLANNING CONTROLS: Zoning : Residential 'A' Other : Ryde Planning Scheme Ordinance Urban Housing Development Control Plan Waste Minimisation and Management DCP Access for People with Disabilities DCP Stormwater Management DCP Energy Smart, Water Wise DCP DEVELOPMENT PROPOSAL SUMMARY: • Demolition • Construction of five (5) villa homes (3 x 3-bedroom & 2 x 2 bedroom) • Consolidation of two lots PROPOSAL: The proposal involves the demolition and construction of five (5) villa homes (3 x 3-bedroom & 2 x 2 bedroom). Ten (10) on-site car-parking spaces have been proposed for tenants and visitors. Drainage is proposed via an existing easement on the rear property at the rear being 51A Anthony Road. REFERRALS: Development Engineer, 16 February 2004: It should be noted that the adjoining downstream property owners have refused to grant the 1 metre drainage easement as previously negotiated with the applicant and hence an alternative option has been provided. The drainage plan as shown is still recommended for approval, even though boring under the existing house is not considered as the preferred option for the stormwater disposal. Stormwater runoff is to be directed to Anthony Street via a private drainage easement.


ITEM 3 (Continued) Stormwater is to be directed to the OSD tank located under the driveway. Turning paths into garages have been checked to be acceptable. A new kerb and gutter and road permit will be required as part of this development. Plans and specifications for the construction of the kerb and gutter and associated road pavements across the frontage of the site in West Parade shall be prepared and submitted to Council for approval prior to the issue of the Construction Certificate. Approval recommended subject to recommended conditions. ASSESSMENT: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Infrastructure, Planning and Natural Resources' Guide to Section 79C – Potential Matters for Consideration. 1. Relevant Provisions of Environmental Planning Instruments and policies: (a) Ryde Planning Scheme Ordinance.

(i) Zoning

Residential 'A' Urban Housing or villa development within the Residential ‘A’ zone is permissible with the Council’s consent.

(ii) Mandatory Requirements

Clause 56A(3) requires a minimum site area of 300m2 per dwelling and 120m2 of landscaping per dwelling. The application provides 330.06m2 of site area per villa, and 139.2m2 of landscaping per villa, thus complying with the requirements of the Clause. Clause 56A(4) restricts the height of villa dwellings within the 2(a) zone to 1 storey and 4 m in height. The proposed development complies with the clause.


ITEM 3 (Continued) Clause 56A(6) requires carparking at the rate of 1 space per 1 or 2 bedroom dwelling, 1.6 spaces per 3 (or more) bedroom dwelling and 1 visitor space for each 4 dwellings. One space for each of the 2 x 2 bedroom villa units, 2 spaces each for 3 bedroom villas and two visitor car spaces have been provided, which is considered satisfactory.

Clause 56D requires adequate water and sewerage services to be provided. On the basis of the information provided the existing infrastructure will be able to cope with the additional demand. The drainage arrangement is considered satisfactory.

(b) Relevant State Environmental Planning Policies & REPs. There are no applicable SEPPs or REPs in respect of this development. (c) Any draft Local Environmental Plan

Draft Ryde Local Environmental Plan No. 129 (Draft LEP 129) has been prepared by Council and is awaiting approval of the Minister after being exhibited. The Plan proposes to: • Amend various definitions contained in the RPSO relating to villa homes. • Replace development standards for villa homes and introduce new density

controls. • Incorporate linear separation requirements in the RPSO. • Changes to the car parking requirements Details of the above requirements have been incorporated in Urban Housing DCP No. 21A. The proposed development generally complies with the DCP and Draft LEP 129. The proposal would not be contrary to the objectives of the Draft LEP 129. The proposal is considered satisfactory.

(d) Relevant Development Control Plan

Urban Housing DCP No. 21A Linear Separation


ITEM 3 (Continued)

The DCP requires villa homes to be separated by two frontages from other villa or duplex developments. 102 West Parade has been approved for 2 x 2 bedroom villas. The adjoining property (44 Miriam Road) will now be consolidated with this site to accommodate 5 villas. The consolidated site will comply with the linear separation requirement. Condition number 5 has been recommended requiring the two sites to be amalgamated prior to the Construction Certificate being issued.

Numerical Standards The proposal complies with the requirements of the above DCP as illustrated by the development standards table below:

Urban Housing DCP No. 21A

Proposal Compliance

Minimum Site Area 600m2

1650.3m2

Yes

Allotment Width 20m

51.9m (approx.)

Yes

Density 300m2 / 2 bedrm & 330m2/ 3 bedrm Total needed: 1590m2

1650.3m2

Yes

Site Coverage (roofed area) 40%

42.2%

No1

Permeable Area > 35% or (> 577.6m2 )

39% (643.6m2)

Yes

Setbacks Front Same or average of adjoining buildings, Sides 4.5 metres (encroachment to 3 metres permitted for 50% of wall) Rear 4.5 metres (encroachment to 3 metres permitted for 50% of wall)

6.5m – 7.5m Side 3.0m(40%) – 4.5m Rear 3.0m(50%) - 4.5m

Yes Yes Yes

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

Maximum of 300mm

Yes


ITEM 3 (Continued)

Urban Housing DCP No. 21A

Proposal Compliance

Dwelling Mix In developments with 4 or more dwellings, not more than 50% of dwellings should have the same number of bedrooms. Maximum 12 units

60% are 3 bedroom & 40% are 2 bedroom. Total of 5 units.

Yes (only 5 units) Yes

Private outdoor space (courtyards) Minimum 35m2 with such areas having a minimum dimension of 4 metres.

Unit 1 – 64.0m2 Unit 2 – 52.0m2

Unit 3 – 86.5m2

Unit 4 – 98.4m2

Unit 5 – 38.1m2

Yes No Yes Yes Yes

Height 1 Storey, 4m max.

1 storey, 3.7m

Yes

Parking 1per 2 bed, 2 per 3 or more bed 1 space per 2 villa for visitors

8 spaces 2 spaces

Yes No2

Private Courtyard Minimum 30m2 for 2 bedroom & 35m2 3 bedroom with min 4m clear dimension. Face north for winter sun

Greater than 35m2/ per dwelling Villa 2 faces south

Yes No3

Notes on Variation 1. Site Coverage (roofed area) Clause 3.5 of the DCP restricts site cover to a maximum of 40% or in this instance, 660.1m2 of the site area. The site cover includes the roof area (including the eaves). The building footprint (excluding the eaves) represents 38.8% of the site, while the site cover for roofed area including the eaves will be 42.2% of the site. The development meets the density and landscaping requirement. The variation is supported.


ITEM 3 (Continued) 2. Parking The DCP requires that 1 visitor parking space be provided per 2 villa units. This new requirement will be enforceable once the Draft LEP No. 129 is gazetted and the existing requirement of 1 visitor parking per 4 villa units is replaced. For the proposed 5 villas, 2 visitor spaces are proposed which is considered satisfactory. 3.Solar Access to the Courtyard

Private courtyard for Villa 2 is located on the southern side of the lot and is accessible from the inside of the unit. Its location may restrict the availability of sunlight in winter months to the yard. Private courtyards for all other 4 villas will receive adequate sunlight. Even though the private courtyard for Villa 2 is located on the southern side, it is functional and accessible private space. Because of the small length of the building wall on the east and west (8.6m – 9m), some degree of sunlight will be available during the morning and afternoon, during the winter months. Any walls along the western side do not obstruct the sunlight to the courtyard. The variation is supported in light of the following reasons: • The courtyard is functional space and reasonable sunlight is available

during winter season. • Natural light would be available to all habitable rooms of the unit. • Courtyard is not roofed. • A separate private courtyard has been located to the north of the unit

connected to the front garden to compensate for the rear courtyard. This is considered satisfactory.

DCP No. 45 - Energy Smart, Water Wise

Council adopted DCP No. 45A - Energy Smart, Water Wise on 3 December 2003. The aim of this DCP is to introduce energy efficiency controls in the assessment of development applications. Conditions of consent have been recommended should this application be approved, to comply with the requirements of this DCP (see condition 9 &10).


ITEM 3 (Continued) Section 94 Contributions Plan No. 1 (Amended 3 September 2003)

Council’s Section 94 Contributions Plan requires a contribution for the provision of additional Local Open Space required as a result of new developments. The contribution is calculated based on the number of dwellings. As the number of dwellings is being increased from a single detached dwelling to two villa units, the contribution is calculated as follows:

Existing Occupation to be replaced: 3.0 person/ dwelling Proposed 2 x 2 bedroom villas: 2.2 person/dwelling x 2 dwelling

Public Space Stormwater Administration [(Proposed) less (Existing)] [($7236x5) – $9867] $36180 - $9867

[(Proposed) - (Existing)] [(1438x5) - 1961] $7 190 - $1961

[(Proposed) - (Existing)] [(77x5) - 105] $385 - $105

TOTAL

$26 313.00 $5 229.00 $280 $ 31 822.00

Condition No. 33 has been recommended to require the applicant to pay the above contribution.

Waste Management and Minimisation DCP

The aim of the DCP is to improve project management to maximise avoidance, reuse and recycling of materials and minimise disposal and waste generation to landfill.

A Waste Management Plan has been submitted with the application in accordance with the requirements of the DCP and is considered satisfactory. Appropriate conditions have been recommended in this regard (see conditions 49- 53)

Development Control Plan No 37 – Access for People with Disabilities

Council’s DCP requires Class 1a buildings to have an accessible path of travel from the street to and through the front door, where the level of land permits. Developments of 4 or more dwellings must be designed so that not less than 50% of the dwellings can be accessed from the street, common and car parking areas.


ITEM 3 (Continued) A 1.2m wide pathway with gradient of 1:14, separated from the main vehicular access has been provided from the front boundary. This path would be integrated into the landscape area to provide a safe and continuous access for the pedestrian, including older persons and people with disabilities. The applicant has indicated that the mail boxes will be located adjacent to this path. Adequate provision has been made to enable older and disabled persons to gain access to 3 of the 5 villas by providing a continuous path of travel.

2. Likely impacts of the Development Built Environment

The proposed villa development is of a low bulk and scale. As a result of combining two lots, a very wide frontage has been achieved. The development is arranged in two rows as visible from the street, separated and landscaped. The development would not adversely affect the streetscape and built form of the local area. Variation in the roof line and walls is considered adequate articulation to provide interest to the appearance of the building. The proposed development is in harmony with the topography of the site. The front façade of the building with gabled roof form, variable setback and windows is readily apparent from the street and conveys a sense of address with an aesthetically pleasant presentation. Garages and other parking structures have been located behind the building line. The impact of the proposed development on the existing built environment, the streetscape and neighbouring properties is minimal.

Natural Environment It is proposed to remove three trees from the site (Jacaranda and Pine). Two of these trees were already approved for removal via a previous consent for 102 West Parade. Additional trees will be planted on the site as part of the proposed landscaping.

3. Suitability of the site for the development

The site is not classified as a heritage item or is subject to any constraint such as land slip. The proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environment.


ITEM 3 (Continued) 4. Any submissions received Three submissions were received and are discussed later in this report 5. The Public Interest None applicable in this instance SUBMISSIONS: The proposal was advertised and notified in accordance with Council’s Development Control Plan for Notification of Development Applications. The application was advertised in the press dated 7 January 2004. Notification of the proposal was for a period of 21 days initially, ending on 01/02/2004. The notification period was further extended to 12 February 2004. During the notification period 9 submissions, including 1 signed by 5 residents, were received. The applicant was advised of the submissions and requested to address the concerns raised. The issues raised in the submissions were; a) State Rail and Rail Infrastructure Corporation (RIC) are concerned that the future

occupants of the developed site may encounter rail related noise and vibration emanating from the adjoining railway line. Rail noise and vibration can seriously affect residential amenity and comfort and jeopardise structural safety of buildings, and should be addressed early in the development process. StateRail and Rail Infrastructure Corporation have published ‘Interim Guidelines for Councils – consideration of rail noise and vibration in the planning process’. In assessing this application, Council is encouraged to adopt the recommendations given in Part B of the guidelines, that is, “for development proposals that are located within 60m of an operational railway track, the applicant should demonstrate that the recommendations of the Guidelines for Councils have been adopted. This includes the under taking of an acoustic assessment by a qualified consultant as described in Section 8 of the document. The document is available on www.ric.nsw.au/publications. Council should extract the relevant conditions from this section and insert in the development consent.


ITEM 3 (Continued) Officer’s Comments

West Parade is situated between the railway line and the subject site. Grade separation is provided between the east bound and west bound carriageway to part of the development site. The subject site fronts onto the west bound carriageway which is approximately 3.5m below the south bound carriageway. The road effectively isolates the land, both visually and functionally from the railway line. The low rise buildings as proposed may also benefit from shielding provided by topography, vegetation and built form. Further, there are existing houses along West Parade. None of these requirements were imposed on the previously approved villa on 102 West Parade (Consent No.597/03). It must be noted that State Rail was consulted as an adjoining property owner and not as a concurrence authority. Therefore, the interim guidelines do not have any legal basis for its application. It may be unreasonable for Council to impose the requirements of the interim document from StateRail.

b) The proposal will significantly reduce the current aesthetic integrity of the street. The streets in the area are fine examples of suburban living not saturated with high-density housing created by opportunistic developers with no intention of living where they are building. It reduces the value of the houses around it and makes the street less of a family oriented environment.

Officer’s Comment One of the objectives of Urban Housing is to provide an alternate medium density housing to meet the housing needs of the changing population and to promote urban renewal within the City of Ryde, which is compatible and sympathetic with conventional detached dwelling houses. The site is not situated within any of the non-preferred locations identified in Section 2.3 of the Urban Housing Development Control Plan. The area was not listed as a Character Area following community consultation in 2002 – 2003, when many of the residents did not want an area specific DCP prepared. The proposal incorporates positive design elements such as articulated roof forms, pitched roof, terra cotta roof tiles, single storey dwellings and dual row presentation to the street, single driveway and intensive landscaping. While maintaining consistency with the general character of the area, it is not the aim of the planning controls to replicate or ‘mimic’ the design features of the adjoining dwellings. The materials to be used in the proposed development are generally consistent with the traditional materials of the locality. The linear separation requirement will apply along the street to control the density of development within the street.


ITEM 3 (Continued)

c) Nowhere in the immediate area, is such ugly clustered buildings. These sort of buildings bring the value of the area down.

Officer’s Comment

The consolidated site is larger than required by the DCP for 5 dwellings of the proposed nature. Because of the two-row design, bulk and scale are minimal and would not adversely impact on the streetscape. The proposed development will be of good architectural quality and would not necessarily contribute to a decrease in the value of adjoining properties. No evidence that supports this has been submitted to Council.

d) Once one building is put in this area, then there is no reason to stop additional building coming up.

Officer’s Comment In order to control the density of development within the street, linear separation requirement under the DCP will apply. This will restrict similar development on adjoining two frontages (or as in accordance with the DCP), but there may be other villa developments in this street in the future. Council's policies envisage this.

e) Owners of 51 Anthony Road – has advised that the proposed development

would impact on their privacy to their two storey dwelling. Officer’s Comment

The proposed development is restricted to single storey and is set back 4m – 4.5m from the common boundary. The existing dwelling at 51 Anthony Road is set back at a distance of approximately 11 metres from the common rear boundary. This gives a combined separating distance of approximately 15 metres. This is a sufficient buffer in an urban context. Moreover the courtyard between the dwellings will be sufficiently landscaped with native trees and shrub planting.


ITEM 3 (Continued) f) Any alteration to the existing easement is opposed by owners of 51 Anthony

Road. It is suggested that the outlet of the stormwater is to be located at West Parade.

Officer’s Comment The stormwater cannot be piped to West Parade against gravity. Drainage of the site is proposed via an easement through 51A Anthony Road connecting to Anthony Road. The proposed drainage plans have been assessed by Council’s Development Engineers and is considered appropriate. It was proposed initially that the drainage easement that runs under the objectors home be relocated along the property boundary. The previous consent for villa development on 102 West Parade was granted with a condition that this easement be relocated with the intention to assist the owners of 51A Anthony Road. Should the applicant face difficulty in relocating the easement, the runoff is to be directed to Anthony Street via the existing private easement on 51A Anthony Road.

g) The proposal will lead to an increase in traffic congestion and parking problem.

Officer’s Comment The proposed development provides adequate on site parking space including additional parking spaces for visitors. On site vehicular turning area is also provided, avoiding the need to reverse out on the road. The site is large enough to accommodate the proposed development and the roads that the development front on to has additional carrying capacity to accommodate future increases in traffic.

h) This dwellings will not present their main façade to the street unlike the existing

dwellings

Officer’s Comment

The dwellings facing the street addresses the street through inclusion of design features. Villa 1 faces both the street in that a garage door, main entry door and patio is provided on the façade that faces West Parade. The elevation that faces Miriam Road is provided with a gabled roof over a porch.


ITEM 3 (Continued)

Villa 5 faces West Parade and links to the street by use main entry door, verandah and two gables facing the street. The residential entries are clearly visible from the street. The design of the dwellings also enable casual surveillance from living rooms and verandahs to the street and parking space.

i) The application only provides for two visitor parking spots. I believe the

requirement is for two and a half spot. This again could lead to increased parking be pushed out onto the surrounding streets.

Officer’s Comment The parking requirement for 1 visitor parking space be provided per 2 villa units is pursuant to the Draft LEP No. 129, which is awaiting gazettal. The current requirement under the Ryde Planning Scheme Ordinance is 1 visitor parking per 4 villa units. For the proposed 5 villas, 2 visitor spaces are proposed which is considered satisfactory.

j) Two of the three bedroom villas have the parking provided in tandem. This can

become a problem in day to day living with 1 car having to be moved to move the other car which is ‘parked in’. Also the first car space can become a storage area. This could lead to the second car being parked either in the visitor position or out on the street.

Officer’s Comment The parking in tandem is considered satisfactory as long as the arrangement does not adversely impact on the vehicular manoeuvring on the site. The DCP requires that out of the two spaces required, at least one must be in the form of a garage. The application complies with this requirement.

k) Council regulations prohibit the development of adjacent dwellings and

additionally there must be at least 50m between any developments. Amalgamation of blocks, if this is what is proposed goes directly against stated Council policy relating to the spacing of developments. The amalgamation of 102 West Parade and 44 Miriam Road is an underhand way of contradicting both the spirit and intention of the regulations. There is no point in having such regulations limiting the spacing of developments if they can be ignored or made redundant when their purpose interferes with proposed developments.


ITEM 3 (Continued)

Officer’s Comment

The DCP requires villa homes to be separated by two frontages from other villa or duplex developments. 102 West Parade has been approved for 2x2 bedroom villa. The adjoining property (44 Miriam Road) will now be consolidated with this site to accommodate a 5 villa proposal. The consolidated site will comply with the linear separation requirement.

l) There are no plans shown for tree and shrub plantings. All the plantings shown on

the plans already exist but they are in adjacent or adjoining properties. There is no proposal for environmental enhancement. The five proposed villas are too many. Four would allow proper landscaping in keeping with the existing character of the local area.

Officer’s Comment

Landscaping plan has been provided and this is required as a mandatory requirement for all Urban Housing developments.

m) Presently there is no provision for stormwater run off to street drains at 44 Miriam

Road. The stormwater just soaks into the backyard and with heavy rain runs into properties in Anthony Road.

Officer’s Comment In the new design the runoff will be disposed off to Anthony Road via the private easement.

n) The ambience of the local area is under threat. Many of us bought here because

of the environmental, social and privacy advantages the area offered. These advantages are continuously disappearing. Why isn’t the development shared more equally throughout the Ryde area? Some locations are bearing the brunt while developers are reaping the benefits to the detriment of the living standards of long standing owners.


ITEM 3 (Continued)

Officer’s Comment Urban Housing development is permitted throughout the City of Ryde on land zoned Residential 2(a), with the exception of some non-preferred locations as defined in the DCP. The subject site complies with the linear separation requirement and is located near to the train station. The design has taken the character of the locality and complies with the requirements under the DCP. The subject area is not a Character area or a heritage listed precinct. Such developments are permitted under the current planning controls.

o) The location of the water storage pit is near two large trees, one at my place and

one next door. This would probably cause root damage. Officer’s Comment

The tree on the subject site will be removed. The detention tank will be located at least 3.5m away from the adjoining tree. A condition is recommended requiring the plans to be amended prior to the issue of Construction Certificate (See condition 4) .

CONCLUSION: The proposal generally complies with the provisions of the Urban Housing DCP and the RPSO. The design of the proposal has adequately addressed the environmental concerns. The issues raised in the submissions received do not warrant refusal of this application. The application is considered satisfactory for approval by Council, subject to the recommended conditions. RECOMMENDATION: (a) That Local Development Application No. 1260/2003 at 44 Miriam Road and

102 West Parade, Denistone, being LOT: 91A DP: 6272 & Lot A DP: 416894 be approved subject to the following conditions:

1. Development is to be carried out in accordance with Plans No. DA01, DA02,

DA03, DA04, DA05, 878701-D-101A, 001709/TM and support information submitted to Council (except as amended by the following conditions).


ITEM 3 (Continued) 2. The term of this Consent is limited to a period of two (2) years from the date of

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

3. Tree management and associated remedial works on the site must be carried out

in accordance with the Tree Management Report prepared by Terrence Arnold Machin.

4. The Detention Tank and the associated pits and pipes are to be relocated to be at

least 3.5 metres away from the nearest tree located on the adjoining lot. The drainage plan no. 878701-D-101A to be amended and submitted prior to the issue of Construction Certificate

5. LOT: 91A DP: 6272 & Lot A DP: 416894 is to be amalgamated prior to

commencing any work on the site. Final consolidated plan is to be submitted to Council prior to the issue of Construction Certificate.

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

of the Building Code of Australia. 7. Landscaping of the development site is to be carried out in accordance with the

Landscape plan no. 001684/TM that has been prepared by ULP. The details are to include the type and location of bollard lighting to be provided throughout the development for the safety of occupants and visitors. Details are to be provided in the plans for the Construction Certificate.

8. Fencing shall comply with Council's Development Control Plan and side boundary

fence is not to exceed 1.8m in height and be equivalent to lapped and capped fence. Details of compliance are to be provided in the plans for the Construction Certificate.

9. The ceiling/ roof area and walls must be fitted with insulation. Ceiling/ roof

insulation must be rated R3.0 or equivalent and wall insulation must have an R1.5 or equivalent rating.

10. Water Efficient Fixtures: Showerheads and toilet cisterns shall be at least AAA

rated water efficient; bathroom and kitchen taps to be fitted with aerators and water closets shall have a dual flush cistern.


ITEM 3 (Continued) 11. The building works are to be inspected during construction, by the Principal

Certifying Authority (or other suitably qualified person on behalf of the applicant) to monitor compliance with Council’s approval and the relevant standards of construction encompassing the following stages of construction: a) Footings / slab steel b) Wall & roof frame c) Stormwater drainage d) Finalisation of works

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

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

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

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

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

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

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

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


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


ITEM 3 (Continued) 16. The construction of sanitary compartments is to comply with the requirements of

Part 3.8.3.3 of the Building Code of Australia. Closet pans in rooms that do not have doors opening outwards or sliding must be located a minimum of 1.2 from the nearest part of the doorway. Details showing compliance are to be submitted to Council or an accredited certifier prior to the issue of the Construction Certificate.


Certifying Authority (and Council if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with Part 3.7.2 of the Building Code of Australia. Location details showing compliance are to be submitted to Council or an accredited certifier prior to the issue of the Construction Certificate.

18. Each unit is to be provided with sufficient light and ventilation in accordance with

the requirements of Parts 3.8.4 & 3.8.5 of provided with Building Code of Australia. Details of compliance are to be provided in the plans for the Construction Certificate.

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

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

a) Prior to construction of each floor level showing the area of the land, proposed

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

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

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

the natural ground level. 21. The applicant is to submit to and have approved by Council or an accredited

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

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

brickwork from the natural ground level. 23. All retaining walls where required by Council to be completed at the earliest

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


ITEM 3 (Continued) 24. The building shall be constructed to comply with Part 3.8.6 of the Building Code of

Australia (Noise Transmission and Insulation). 25. The wall separating the dwellings is to have an F.R.L. not less than 60/60/60

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

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

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

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

Code of Australia and A.S.1684. 28. Glass doors and all other glazing shall be installed in accordance with Table 1A

Appendix “A” of AS 1288 Glass Installation Code. 29. A security deposit is to be paid to Council (Public Facilities and Services Group)

being a deposit of $4,000.00 as well as the infrastructure inspection fee in accordance with the requirements of Council’s Management Plan (scheduled fees).

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

requirements of Council’s Management Plan (scheduled fees). 31. Documentary evidence of payment of the Long Service Levy under Section 34 of

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

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

to the issue of the Construction Certificate for street alignment levels. 33. A contribution for the services in Column A and for the amount in Column B shall

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

A B Public Space $26 313.00 Stormwater Drainage $ 5 229.00 Administration $ 280.00 The total contribution is $31 822.00


ITEM 3 (Continued) 34. Documentary evidence of compliance with Conditions 26 to 30 to the satisfaction

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

35. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water web site www.sydneywater.com.au/customer/urban/index or telephone 13 20 92. Following application a “Notice of Requirements” will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

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

36. Documentary evidence that Energy Australia has been consulted and that their

requirements have been met to the satisfaction of Council or an accredited certifier is to be obtained and submitted to Council prior to occupation of the building.

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

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

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

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

39. Security fencing shall be provided around the perimeter of the building/demolition

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

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

entitled “Amenities for Construction Work”.

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


ITEM 3 (Continued) 41. At all times work is being undertaken within a public road adequate precautions

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

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

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

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

road, footpath, park or Council owned land. 44. A site works plan indicating compliance with Council’s Development Control Plan

for Engineering Standards Development Criteria Section 5 Construction Activities in relation to:-

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

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

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

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

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

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

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


ITEM 3 (Continued) 48. All imported fill must be validated by an experienced environmental consultant to

ensure that the material is virgin excavated natural material (e.g. clay, gravel, sand, soil and rock) that is not mixed with any other waste and: (a) has been excavated from areas that are not contaminated, as a result of

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

(b) consists of excavated natural materials that meet such criteria as may be approved by the NSW Environment Protection Authority.

49. A copy of the validation report must be submitted to the Principal Certifying

Authority (and Council, if Council is not the Principal Certifying Authority) at least seven (7) days before the fill is imported onto the site.

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

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

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

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

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

53. During the demolition process, no machinery, sheds or equipment is to be parked

or stored on the nature strip. 54. In relation to demolition, all work is to be carried out in accordance with the

requirements of AS2601.1991 (The Demolition of Structures). 55. Sediment control works are to be installed and maintained in accordance with


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

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

b) During the entire construction phase a sign shall be fixed on site indicating the builder’s or a contact person’s name and contact phone number.


ITEM 3 (Continued) 57. The demolition and disposal of asbestos containing materials (eg. Fibro) must be

carried out in accordance with WorkCover Authority guidelines. 58. All demolition wastes must be assessed and classified in accordance with the

Environmental Guidelines: Assessment, Clarification & Management of Liquid & Non Liquid Wastes (EPA, 1999) before wastes are transported from the site.

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

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

General Engineering Conditions 60. Design and Construction Standards. All engineering plans and work shall be

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

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

shall be altered at the applicant’s expense. 62. Restoration. Public areas must be maintained in a safe condition at all times.

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

63. Engineering Compliance Certificates. Engineering Compliance Certificates

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

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

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

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


ITEM 3 (Continued) NOTE: Council has an interest in all pipelines which drain public reserves and public road reserves, and in all structures located within public road reserves.

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

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

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

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

Engineering Conditions to be complied with Prior To Construction Certificate 64. Driveway Grades The maximum grade of all internal driveways and vehicular

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

65. Control of Stormwater Runoff. Stormwater runoff from all impervious areas shall

be collected and piped by gravity flow to the street gutter via a private drainage easement in a manner acceptable to Council. Runoff which enters the site from upstream properties must not be redirected in a manner which adversely affects adjoining properties. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.


ITEM 3 (Continued) 66. On-Site Stormwater Detention Stormwater runoff from all impervious areas shall

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

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

67. On site stormwater detention Tank. All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 metres in depth must be fitted with step irons.

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

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

69. Kerb and gutter. Plans and specifications for the construction of kerb and gutter

and associated road pavements across the frontage of the site in West Parade shall be prepared and submitted to Council for approval prior to the issue of the Construction Certificate.

70. Car Parking All car parking and turning path maneuverability is to comply with

AS2890.1.


ITEM 3 (Continued) 71. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan

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

The following details are to be included in drawings accompanying the Erosion

and Sediment Control Plan (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control

structures, (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable

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

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

Engineering Conditions to be complied with Prior to Commencement of Construction 72. Sediment and Erosion Control. The applicant shall install appropriate sediment

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

73. Compliance Certificate. A Compliance Certificate must be obtained confirming

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


ITEM 3 (Continued) 74. Truck Shaker. A truck shaker ramp must be provided at the construction exit

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

75. Temporary Footpath Crossing. A temporary footpath crossing must be

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

76. Vehicle Footpath Crossings. Concrete footpath crossings shall be constructed

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

Engineering Conditions to be complied with Prior to Occupation Certificate 77. Compliance Certificates – Engineering. Compliance Certificates must be

obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA: • Confirming that all vehicular footway and gutter (layback) crossings are

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

• Confirming that the constructed driveway is constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed internal car park and associated drainage complies with AS 2890, the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

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

• Confirming that the on-site detention system will function hydraulically in accordance with the approved design.


ITEM 3 (Continued) • Confirming that after completion of all construction work and landscaping, all

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

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

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

removed and the kerb and footpath reinstated to the satisfaction of Council. 79. Work-as-Executed Plan. A Work-as-Executed plan signed by a Registered

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

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

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

81. Footpath Paving Construction. The applicant shall, at no cost to Council,

construct standard concrete footpath paving across the frontage of the property. Levels of the footpath paving shall conform with levels issued by Council's Engineering Services Division.

82. Kerb and Gutter. The applicant shall, at no cost to Council, construct kerb and

gutter and paved road shoulder in Anthony Street.


ITEM 3 (Continued) 83. Positive Covenant. The creation of a Positive Covenant under Section 88E of

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

84. Drainage Construction. The stormwater drainage on the site is to be

constructed in accordance with plan 878701-D-101 Rev. ‘A’ and 878701-D-002 Rev. ’B’ prepared by Cardno Willing.

ADVISORY CONDITIONS 1. Compliance with Building Code of Australia

1) All building work ( other than work relating to the temporary building ) must be

carried out in accordance with the requirements of the Building Code of Australia ( as in force on the date of the application for the relevant construction certificate or complying development certificate was made)

2) This clause does not apply to the extent to which an exemption is in force under clause 187 or 188, in the Environmental Planning and Assessment Regulations 2000,subject to any terms of any condition or requirement referred to in Clause 187(6) or 188(4).

2. Residential Building Work

1) Building work that involves residential building work (within the meaning of the

Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development to which the work relates:

a) in the case of work to be done under the Act:

i) has been informed in writing of the licensee’s name and contractor licence number, and

ii) is satisfied that the licensee had complied with the requirements of Part 6 of the Act; or

b) in the case of work to be done by any other person: i) has been informed in writing of the persons name and

owner-builder permit number; or


ITEM 3 (Continued) ii) has been given a declaration, signed by the owner of the

land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of “owner builder work” in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

2) A certificate purporting to be used by an approved insurer under Part 6 of the

Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purpose of this clause, sufficient evidence that the person has complied with the requirements of that Part.

3. Excavations and backfilling

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

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

4. Retaining walls and drainage

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

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

b) adequate provision must be made for drainage 5. Support for neighbouring buildings

If the soil conditions require it:


ITEM 3 (Continued)

1) If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made: a) must preserve and protect the building from damage, and b) if necessary, must underpin and support the building in an approved

manner, and c) must, at least 7 days before excavating below the levels of the footings of a

building on an adjoining allotment of land, give notice of intention to do so to the owner of the building being erected or demolished.

2) The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on an adjoining allotment of land.

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

6. Protection of Public Places

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

obstructed or rendered inconvenient, or b) building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

2) If necessary, an awning is to be erected, sufficient to prevent any substance

from, or in connection with, the work falling into the public place. 3) The work site must be kept lit between sunset and sunrise if it is likely to be

hazardous to persons in the public place. 4) Any such hoarding, fence or awning is to be removed when the work has been

completed. 7. Prior to commencing any construction works, the following provisions of the

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

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

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

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

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


ITEM 3 (Continued) 8. The applicant may apply to the Council or an accredited certifier for the issuing of

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

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

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

specifications must comply with the provisions of the Building Code of Australia and details of compliance with the Building Code of Australia are to be provided in the Construction Certificate plans and specifications.

10. City of Ryde will not accept the Construction Certificate without evidence of Home

Owners Warranty / Owner Builder’s Permit being submitted to Council. 11. Council advises that the Building Code of Australia Classification for the proposal

is: 1a. 12. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building & Renovating under the heading Building & Development, or telephone 13 20 92. The consent authority or a private accredited certifier must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

13. Energy Australia

Underground and overhead electric cables may exist in this area. In your own interest and for safety, telephone Energy Australia on 13 1525 before excavating or erecting structures.

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


ITEM 3 (Continued)

14. Telephone Installations

Conduits with draw in wires should be laid in concrete floors to the points where telephone services are required. Consult the local Telecommunications Sales Office for advice.

15. Australia Post

Approval for the site and size of proposed household mail boxes must be obtained from Australia Post.

16. Should you wish to vary the information provided in the Waste Management Plan,

you are required to give written advice to Council of any changes.

Development Control Plan No. 27 sets out your obligations for waste management.

(b) That the persons who made submissions be advised of the decision.

Liz Coad Sanju Reddy Manager Environmental Assessment Environmental Assessment Officer


ITEM 3 (Continued) Indicates submissions received Other submissions received

outside map area.

COPYRIGHT

© 2004 City of Ryde.© 2004 Land and Property Information NSW.

ALL RIGHTS RESERVED

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

City of Ryde

Development Application1260/2003

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

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

100102

32

30

28

26

41

39A

39

37

19

17

15

28

30

32

42

40

38

36

34A

32A

34

21

102

66

57

51A

66A

70

76

74

44

51

49

55

53

43

45

58

52A

60A

62A

62

64

60

56

64A

47

54

54A

52

13

11

9

26A

7

1

98

ST PDE

WEST PDE

WEST PDEANTHO

NY RDDENISTONE RAILWAY STATION

SYM

ON'SRE

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ESP 33849

DP 433540

DP 632254

DP 183459

Railway Lease

Railway Lease

DP 632254

DP 344415

DP 344149

DP 416894

DP 187974

03048

DP 375266

DP 433540

DP 6272

32757

DP 6272

5

2Y

1

1

2X

4

PT 3

5

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3433

1

6PT1

B

89A88A

37

38

A

92A9436

8

C

BPT8

91AB

A91

B

A

B

90

90A

DP 34

DP 356999

DP 200475

DP 344847

DP 34

DP 375820

3

88

2

A

A

1

87

A

A

3

1

571

A

AB

B

86

83A

B

SP 37627

SP 46207

DP 591170

DP 102123

DP 416825

DP 224943

DP 419930

DP 417064

F

A

10311041

H

B

32

1042

Scale: 1:1650 approx.

Date: 21/04/2004


ITEM 3 (Continued)


ITEM 4 7 PORTER STREET, RYDE. LOT: 22 DP: 4481. Local Development Application for Use of existing industrial building by building construction firm and new acoustic fence. LDA 851/2003. Applicant: New Age Constructions (NSW) Pty Ltd.


Manager Environmental Assessment Reports 19 February 2004 FILE NO: LDA03/851

EXECUTIVE SUMMARY

This report considers a proposal for the use of the building for a building construction firm. The intended hours of use for the industrial /storage area are 6.00am to 7.00pm, seven days a week. The office is intended to have 24-hour access, seven days a week. The building construction firm is currently operating from the site without development consent. The development application also involves the erection of an acoustic fence along the northern, eastern and southern boundaries. The development complies with provisions of the Ryde Planning Scheme Ordinance, Meadowbank Employment Area Master Plan and the site specific Development Control Plan for Meadowbank. The issues raised with the application are the noise generated by the development and the impact this will have on the amenity of the adjoining residential properties. The applicant has proposed an acoustic fence to be erected along the boundaries of the site to reduce this impact. During the notification period, Council received 6 submissions. The applicant’s acoustic report and amended plans showing the height of the acoustic fencing were renotified. During this second notification period, Council received 3 submissions from the original objectors. The application is recommended for approval subject to conditions of consent. Reason for Referral to Development Committee: Nature of the development and submissions received. SITE: (Refer to attached map.) Address : 7 Porter Street, Ryde


ITEM 4 (Continued) Site Area : Approximately 919.88m2

Frontage 20.12 metres Depth 45.72 metres Topography and Vegetation : The site is flat and contains no vegetation. Existing Buildings : Single storey industrial building used as a warehouse

and office. PLANNING CONTROLS: Zoning : Business - Urban Village under the Ryde Planning

Scheme Ordinance. Other : Meadowbank Employment Area Master Plan Development Control Plan No 38 – Meadowbank

Employment Area DEVELOPMENT PROPOSAL SUMMARY: • Establishment of use for a building construction company. • Hours of operation:

Industrial/storage use: 6.00am to 7.00pm seven days a week. Office use: 24 hour access seven days a week.

• Acoustic fencing to be erected along the boundary. The fencing will be 2 metres high along the southern and eastern boundary and 3.6 metres high along the northern boundary.

PROPOSAL: The building is currently used by the building construction firm “New Age Constructions (NSW) Pty Limited”. Council has not previously granted development consent for this use. This purpose of this application is gain consent for the use of the site. The development also proposed new acoustic fencing. The hours of operation for this use are as follows: • Industrial/storage use: 6.00am to 7.00pm, seven days a week. • Office use: 24 hour access, seven days a week.


ITEM 4 (Continued) All deliveries to the premises will occur between the proposed hours for the industrial use. Consent however is sought for two interstate deliveries a week to be unloaded outside of these hours. Fencing is also proposed as part of this application. The existing fencing is to be replaced with lightweight cladding material that will have a masonry appearance. The height of the fence will be 2 metres along the south and eastern boundary, and 3.6 metres along the northern boundary at the rear and the front yard will taper down to 1.6 metres at street alignment. HISTORY: In October 2002, Council received a complaint about the hours of operation with work starting at 6.00am. A letter was sent to the owner of the premises advising that condition j of Development Consent A425 dated 1 July 1970 restricted the hours of operation to between 8.30am and 4.30pm weekdays and 8.00am to 12 noon on Saturdays. The owner was requested to comply with the approved hours and advised that any work outside of these hours is an offence under the Environmental Planning and Assessment Act, 1979 and as such carries substantial penalties. Another complaint was received in January 2003 in respect to a wire mesh fence erected at the rear of the property without development consent. The owner was sent a letter advising that development consent had not been issued for the use of the premises by a construction company or the erection of the fence. A letter was also sent to the solicitor of the construction company. A development application to legalise the use was submitted to Council in September 2003. A letter was sent to the applicant in October 2003 advising the following: • The applicant was advised that Council had received 6 submissions, mostly

concerned with the adverse affects on the amenity of the locality due to noise. The hours of operation were considered excessive. The applicant was advised that the Meadowbank Employment Area Development Control Plan specified that where commercial and industrial development is situated adjacent to residential properties, working hours should generally be restricted to 7.00am to 6.00pm Monday to Friday and 7.00am to 1.00pm on Saturdays and nil on Sundays and public holidays. Any variation to these hours must demonstrate that there is no detrimental impact on the adjoining residential amenity by way of an Acoustic Engineer’s report.


ITEM 4 (Continued) • The fencing shown on the plans is inconsistent with the Statement of

Environmental Effects. As the fencing was proposed to be rendered, details were requested of the agreement of the adjoining property for this to occur. It was suggested a non-maintenance material be used.

• The Statement of Environmental Effects was requested to be expanded to include

further details of the number of deliveries each week into and out of the premises, timing for the loading and unloading of the vehicles as well as the type of functions to be carried out in the office and warehouse.

Amended plans and an amended Statement of Environmental Effects as well as a noise assessment report were submitted to Council on 19 December 2003. The only difference in the plans was the height of the fence. The height of the fence was increased from 2 metres to 3.6 metres along the northern boundary and a 2 metre high solid fence provided along the southern and eastern boundary. The changes as well as the additional information were re-advertised. This report addresses the amended plans. REFERRALS: Environmental Health Officer: The following comments have been provided by Council’s Environmental Health Officer: A report has been prepared by Brian Marston, an acoustic consultant for BGMA Pty Ltd. The report appears to be thorough and has taken into account the type of noises likely to be produced and nature of the environment in which the residential premises have been constructed in proximity to the older industrial units. Appropriate conditions of consent have been recommended. Heritage Officer: The site is located within 100 metres to an existing heritage item known as Crowle Home. The following comments were provided by Council’s Heritage Officer:


ITEM 4 (Continued) The property is an existing industrial complex within a predominantly industrial area. There are villa homes to the north and single detached cottages to the east. The subject heritage item is a single storey Federation style house set in extensive landscaped grounds on the opposite side of Porter Street to the west, which has been developed as an institution. The context of the house is compromised by surrounding industrial use, especially in terms of streetscape. The proposal for solid fencing along the north and east boundary of 7 Porter Street is unlikely to have any impact on the cultural significance of the heritage item. The proposal complies with the heritage provisions of Ryde LEP No 105 and is recommended for approval. OFFICER’S ASSESSMENT: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Infrastructure, Planning and Natural Resources' Guide to Section 79C – Potential Matters for Consideration. 1. Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance.

(i) Zoning

The site is zoned Business (urban village) under the Ryde Planning Scheme Ordinance. The use is defined as a storage yard under this planning instrument. A storage yard means a building or place used for the storage of goods (including materials associated with the activities of tradesmen such as builders and plumbers) but does not include a bulk store or warehouse. Storage yards are a permitted use in the zone with the consent of Council. (ii) Mandatory Requirements Clause 72KA – Development within Zone no. 3(uv) The Council shall not consent to any proposed development of land within Zone 3(uv) likely to be adversely impacted on by rail-related noise and vibration unless the development incorporates mitigation measures to the satisfaction of Council. This clause is not applicable.


ITEM 4 (Continued) Clause 72ZB – Development in Meadowbank Employment Area The Council must not grant consent to a development application in respect of any land to which the Meadowbank Employment Area Master Plan applies unless the proposed development is consistent with that master plan. Meadowbank Employment Area Master Plan The master plan has identified nine distinct precincts differentiated by land use, urban form and distinct character. The site is located within Precinct 5 – Church Street. This is described as: Precinct 5 – Church Street: at the gateway to the City of Ryde, development is to be of a high caliber, and consist of a mix of commercial and light industrial activity. Existing residential uses may continue. Development along Church Street should be in keeping with the gateway location, be set back from the road and incorporate quality landscaping, including mature trees. The future landuse character of the Meadowbank Employment Area has envisaged the location of commercial/light industrial activity on land immediately to the west of Church Street (the Church Street Precinct) and in the area bounded by Porter Street, Rothesay Avenue, Belmore Street and Constitution Road (the Bay Commercial/Industrial Precinct). The Master Plan also provides principles and approaches in respect of access structure, public domain, urban form and sustainability. The use of the site for a construction company’s storage yard is a light industrial use. This use is permitted and compatible with the Master Plan. Clause 72ZC Site Specific master plans for Meadowbank Employment Area The development does not warrant a site specific master plan.

(b) Relevant SEPPs. There are no applicable State Environmental Planning Policies that affect the development. (c) Relevant REPs. There are no applicable Regional Environmental Plans that affect the development.


ITEM 4 (Continued) (d) Any draft LEPs. There are no draft Local Environmental Plans that affect the locality. (e) Any DCP Development Control Plan No 38 – Meadowbank Employment Area The DCP provides planning principles that are applicable to the whole area in addition to precinct specific development controls. In considering a development application, the council must take into consideration the aims of the plan and development is required to be consistent with the planning principles. Many of the planning principles are not applicable to this particular development. The relevant issues include: Land use is to be in accordance with the Meadowbank Employment Area Master Plan and the Ryde Planning Scheme Ordinance. The site has been identified as a commercial light industrial area. This use is compatible with the land use. Noise and vibration attenuation. One of the provisions in respect of noise attenuation is that where commercial and industrial development is situated adjacent to residential development, working hours shall generally be restricted to 7am to 6pm Monday to Friday and 7am to 1pm on Saturdays, and nil on Sundays or public holidays. Activities in operation outside these hours must demonstrate that there will be no detrimental impact to residential amenity. The hours requested as part of this application are as follows: Industrial/storage area – 6.00am to 7.00pm, seven days a week Office use – 24 hour access, seven days a week. All deliveries with the exception of two interstate deliveries are to be undertaken within the industrial hours proposed. Consent is requested that the two interstate deliveries be allowed outside of the above hours of operation. The applicant has provided an acoustic report to justify the hours of use. Council’s Environmental Health Officer has concluded that the report appears to be thorough and has taken into account the type of noises likely to be produced and nature of the environment in which the residential premises have been constructed in proximity to the older industrial units.


ITEM 4 (Continued) The perceived noise levels at the nearest residence were calculated based upon noise spectra for an operating fork lift under load and a slow moving semi-trailer, and the layout of the site. The report included readings taken during the day and night. The report has concluded that to minimise potential noise annoyance the following should be constructed: • A wall to the height of 3.6 metres along the northern boundary of the forecourt.

This wall is to extend from the front façade of the existing building. It can taper down to 1.6 metres over the final 2 to 3.5 metres before the front boundary.

• A wall of 3.6 metres along the northern boundary of the rear storage area. This wall can taper down to a height of 2 metres over the final 1.6 metres before the rear boundary.

• A 2 metre high wall along the eastern and southern boundary of the rear storage area.

The walls are proposed to be constructed from 75mm thick “Kool Walls” panels. This is a composite sheet material consisting of an insulating core panel to which has been applied a reinforcing glass fibre mesh embedded within a chemically modified membrane consisting of variously graded quartz and marble granules. The provision of such fencing will ensure that the use of the site will not interfere with the amenity of the adjoining residential properties to the north and east of the site in respect to noise. The impact of the fencing on the visual amenity will be discussed further in the report. Car Parking. The car parking requirements apply to a change of use that would require the provision of a greater number of on-site parking spaces than the previous use. The previous approved use was for a printing factory. The current use would not require the provision of a greater number of car parking spaces than this use. The car parking has been calculated at the rate applicable for a warehouse. The warehouse requires 1 space per 100m2 of net useable floor area or 1 space per 3 employees. This results in a total of 4 car parking spaces being required on the site. The development has proposed 6 spaces at the front of the site. However, 2 of these spaces would be difficult to access and would obstruct the loading and unloading of vehicles on the site. The site can only accommodate 4 car parking spaces rather than the 6 as nominated by the applicant. This complies with Council’s requirement.


ITEM 4 (Continued) Precinct Specific Development Control Precinct 5: Church Street The principles for this precinct include the following: • At the gateway to the City of Ryde, development is to be of a high caliber and

consist of a mix of commercial and light industrial activity. • Height is generally to be 4 storeys stepping down to 2 storeys. • Development along Church Street should be in keeping with the location, should

be set back from the road and incorporate quality landscaping, including mature trees.

To achieve these principles the following provisions are applicable: CONTROL PROPOSAL Height. Generally 4 storeys stepping down to 2 storeys at the transition zone north of Hayes Reserve.

The development is for the use only. The subject building is single storey and complies with the requirements.

Views and vistas. New development is to respond to and consider views from Parramatta River.

This requirement is not applicable to the development. Despite this it should be noted that the site is not visible from Parramatta River.

Landscaping. All mature vegetation is to be retained. New development is to provide adequate deep planting zones above car parking to ensure that the plantings are responsive and add to the landscape quality.

As this application involves a change of use, no new landscaping is required to be provided.

Building footprints. This clause is applicable to commercial or retail buildings and requires that the maximum depth from window to core is 12 metres to ensure adequate natural light and ventilation.

These requirements are not applicable as the development is for an industrial use.

Amenity and environmental considerations. Properties along Church Street are required to provide acoustic treatments. The development adjacent to Hayes Reserve is to provide visual surveillance of pedestrians within the park.

This is not applicable to the development.


ITEM 4 (Continued) CONTROL PROPOSAL Adaptive re-use. This is encouraged for buildings dating back to the early 1900’s.


Access. Vehicular access from Church Street is discouraged.

All vehicular access will be from Porter Street.

Gateway location. Development along Well Street and Church Street is to acknowledge that the location is a gateway to the city.

This is not applicable to the development as it is not located in either Well Street or Church Street.

2 Likely impacts of the Development The development has the potential to adversely affect the amenity of the adjoining residential properties due to noise. Council received complaints from neighbours about noise. During the notification period, Council has also received numerous submissions raising noise issues. The hours of operation requested for the use are greater than the hours suggested in DCP 38. The hours in DCP 38 can be extended subject to the applicant demonstrating that there will be no adverse impact on the adjoining properties. The acoustic report that accompanied the application proposed an acoustic fence. This fence will have the following characteristics: • A fence to the height of 3.6 metres along the northern boundary of the forecourt.

This fence is to extend from the front façade of the existing building. It can taper down to 1.6 metres over the final 2 to 3.5 metres before the front boundary.

• A fence of 3.6 metres along the northern boundary of the rear storage area. This fence can taper down to a height of 2 metres over the final 1.6 metres before the rear boundary.

• A 2 metre high fence along the eastern and southern boundary of the rear storage area.

The erection of such fences will ensure that the amenity of the adjoining properties is not affected due to noise.


ITEM 4 (Continued) These fences are proposed to be of varying height. Along the eastern and southern boundaries the fence height will be 2 metres. For the majority of the northern boundary the fence will be 3.6 metres. Properties to the east and north of the site are residential. The provision of a 2 metre high fence along the boundary is not significantly higher than a 1.8 metre high fence. A fence of 1.8 metres is consistent with other residential properties. The 2 metre high fence is unlikely to impact on the amenity of the adjoining properties. A 3.6 metre high fence is considerably higher than what would be anticipated for a residential property. A fence of such height could affect the visual amenity of the 3 villas that are north of the site. The Masterplan and DCP 38 have envisaged the locality being a mixture of commercial and light industrial activity. No new residential developments will be permitted in this area. In terms of the controls for new development, it is possible to erect a two-storey building (with each storey having a maximum height of 3.6 metres). It would be necessary to provide a 5-metre setback to Porter Street, however the building could have a zero setback to the boundary. These controls could allow for a 2-storey building with an overall height of 7.2 metres to be constructed on the boundary. The height of the fence will impact on the visual amenity of the adjoining 3 villas. On balance, this impact is considered acceptable. The appropriate planning controls could allow for a higher structure on the boundary. The impact is slightly reduced given that the driveway of the villas is located between the proposed wall and the actual villa. 3 Suitability of the site for the development The site is zoned for this type of use. There are no constraints of the site that would affect the development from proceeding. As the site is located adjacent to residential properties, consideration has to be given to ensuring that the development will not affect the amenity of the adjoining properties. This can be achieved by the provision of an acoustic fence to be erected along the boundaries. SUBMISSIONS The plans were originally notified for a period of 14 days between 9 September 2003 and 24 September 2003. During this time Council received 6 submissions objecting to the application. As a result of the acoustic report, the architectural plans were amended to increase the height of the fencing along the boundaries. These plans plus the acoustic report were renotified for a further 14 days between 30 January 2004 and 13 February 2004. The original objectors were advised that the issues raised in their first submissions would still be considered in this report. Three of the original objectors made a further submission.


ITEM 4 (Continued) The issues raised in the submissions included the following: • Objects to the proposed hours of operation. More appropriate hours would be

7.00am to 7.00pm 6 days a week, Monday to Saturday for the warehouse/storage and office areas. There should also be no loading/unloading of trucks on Sundays or outside of normal business hours. (The hours of operation have varied from each submission. Three of the objections agreed to the above times. Another objector suggested that the finish time should be 5.30pm, and an another objector felt the start time should be 8.00am on Saturdays and Sundays).

The acoustic report has identified that if the acoustic fence is erected there should be no adverse impact on the adjoining properties in respect to noise regardless of when the activities on the site occur. Council’s Environmental Health Officer has also agreed with the findings in the report and recommended appropriate conditions of consent. (See Conditions 15, 16 & 17). • Adjoining properties are currently affected by noise from forklift, reversing of

trucks, clunking due to the material movement and noise from the workers including foul language. Noise currently occurs during breakfast, lunch and dinner. This noise is adversely affecting our amenity.

The construction of an acoustic fence along the northern and eastern boundaries will limit the noise from the operations. This should improve the amenity of the adjoining properties. • Fence should not be higher than 2 metres as this will affect our view. A fence at a height of 3.6 metres will affect the outlook of the adjoining villas and this will affect the amenity of their property. The fence will however improve their amenity in terms of reduced noise. On balance and considering the applicable controls for this site, this impact is acceptable. • Industrial transport trucks and vehicles should not park in the residential area

(from 6 Junction Street to 6 Porter Street). This is a matter that Council cannot control. If parking of these vehicles is blocking residential driveways, it is a matter for the NSW Police. • Headlights affect our rear yard. A 2 metre high solid fence is proposed to be erected along the boundary with this residential property. Such a fence will prevent headlights affected the rear yard of the adjoining dwelling.


ITEM 4 (Continued) • Loss of amenity due to workers being able to look into the rear yard. The 2 metre high fence will prevent any overlooking. • Office hours should be restricted due to traffic movements. The size of the office area is unlikely to generate a significant number of vehicle movements. Traffic generation from the development is unlikely to affect the amenity of the locality. • Materials should not be stored along the existing fence as this could lead to an

accident if the fence was to collapse. Agreed. Not only could there be a potential accident, the storage of materials that exceed the height of the fence would be unsightly and detract from the amenity of the adjoining properties. A condition of consent has been imposed to ensure that no materials are stored against the fence. (See condition 7.) • Street is becoming more residential than industrial. This trend should be taken

into consideration to phase out industries in this street. The Masterplan and DCP 38 have identified this area as being a commercial and light industrial area. The use is permitted in the current zoning. No new residential developments will be permitted in this area. CONCLUSION: An acoustic report has concluded that the erection of acoustic fence 3.6 metres high would ensure that the amenity of the adjoining properties would not be affected. The erection of such a structure will have an impact on the adjoining properties amenity, but on balance with the fact that this is a permitted use in the zoning, the impact is considered acceptable. The use of the building and the fencing is recommended for approval subject to appropriate conditions of consent. RECOMMENDATION: (a) That Local Development Application No. 851/2003 at 7 Porter Street, Ryde, being LOT: 22 DP: 4481 be approved subject to the following conditions; 1. Development is to be carried out in accordance with one plan not numbered

drawn by New Age Constructions and support information submitted to Council. 2. All building works are required to be carried out in accordance with the provisions

of the Building Code of Australia.


ITEM 4 (Continued) 3. The hours of operation for the industrial/storage use is to be restricted to between

6.00am to 7.00pm, seven days a week. No restrictions are imposed for the hours of operation of the office.

4. Regardless of the above condition, approval is given for two interstate deliveries a

week to be unloaded outside of the hours specified in condition 3. 5. 4 car parking spaces are to be maintained on site at all times. 6. An electric operated garage door is to be installed at the rear of the building to

replace the existing manual garage door. 7. No stacking of materials is to occur adjacent to the fence. 8. The building works are to be inspected during construction, by the Principal

Certifying Authority (or other suitably qualified person on behalf of the applicant) to monitor compliance with Council’s approval and the relevant standards of construction encompassing the following stages of construction:

a) Foundations/footings b) Finalisation of works


9. A security deposit is to be paid to Council (Public Facilities and Services Group)

being a deposit of $1000.00 as well as the infrastructure inspection fee in accordance with the requirements of Council’s Management Plan (scheduled fees).

10. Enforcement levy is to be paid to Council on lodgement of the Construction

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

11. Documentary evidence of compliance with Conditions 9 & 10 to the satisfaction of

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


ITEM 4 (Continued) 12. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the website www.sydneywater.com.au, see Your Business then see Building & Developing then Building & Renovating or telephone 13 20 92. The consent authority or a private accredited certifier must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

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


road, footpath, park or Council owned land. 15. Noise from Premises - The use of the premises must not cause “offensive noise”

as defined in the Protection of the Environment Operations Act 1997 16. Plant and Equipment Noise - The operation of any plant or equipment installed

on the premises must not cause:

a) A noise level (LA10,T) that exceeds the background noise level (LA90,T) by more than 5dB(A) when measured in or on any residential premises or other noise sensitive areas in the vicinity (eg. schools, hospitals, etc.);

b) An “offensive noise” as defined in the Protection of the Environment

Operations Act 1997; or

c) The transmission of vibration to any place of different occupancy. 17. Acoustic Report - A report from an appropriately qualified acoustic consultant

demonstrating compliance with Condition 16 headed “Plant and Equipment Noise” may be required to be submitted to the Principal Certifying Authority for consideration following a trial period of six (6) months following construction of the acoustic fencing.



ITEM 4 (Continued) ADVISORY CONDITIONS 1. Compliance with Building Code of Australia




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


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

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

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

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

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

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

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

4. Council advises that the Building Code of Australia Classification for the proposal

is 10b. (b) That the persons who made submissions be advised of the decision.

Liz Coad Sandra Bailey Manager Environmental Assessment Consultant Planner


ITEM 4 (Continued) Indicates submissions received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


125

13

15

17

19

121

123

2

84

11

8

8

6

42

119

113

115

2

94

96

98

100

102104

106

111

117

108A

108

9

109

7

5

107

105

103101

1

8

8

8

8

97

6

13

5

4

2

3

6

8

7

9

11

13

RCH ST

CHURCH ST

BELMORE S

T

JUNCTION ST

JUNCTION ST

PORTE

R ST

HAYES RESERVE

THE GERM

AN SCHOOL

JOHANNES G

UTENBERG

P 4481

DP 19725

DP 776768

DP 7460

89

DP 921633

DP 386847

DP 311850

B

14

18

17

1

10

1615

14

A

1

SP 61350

SP 66168

DP 609204

DP 5966

DP 609204

DP 4481

DP 44296

DP 1004

2DP 881488

DP 27517

DP 4322

81

DP 4481

17

116

3

2

1

11

114115

A

13

A

22

117

4

3

2

6

B

PT29

PT27

5

12

4

1

2

A

120850

DP 5134

9

12

1

11

DP 667483

DP 11918

DP 339373

DP 384488

66

4

PT13

57

63

62

B

61

60

C

59

58

B

A

24


Date: 16/04/2004


ITEM 4 (Continued)


ITEM 5 60 PELLISIER ROAD, PUTNEY. Lot 92 in DP 590979. Local development application for a 2 Storey Outbuilding and Attached Swimming Pool. LDA No. 796/2003. Applicant: M Grodzicky.



EXECUTIVE SUMMARY This report considers a proposal to construct a 2 storey outbuilding and attached pool within an access corridor of an allotment to Morrisons Bay. The development gives the appearance of a 3 storey building when viewed from the foreshore. The proposal has a number of non-compliances with Council's planning controls as well as the State Government planning controls. The application was referred to the Foreshores and Waterways Planning and Development Advisory Committee who recommend that it be refused due to its adverse impact when viewed from the water. Objections were received as a result of public notification, including objections from both adjoining owners. The application is recommended for refusal. Reason for referral to Committee: Nature of the application. SITE: (Refer to attached map.) Address : 60 Pellisier Road, Putney – western side between Jetty

Road and McGowan Street Site Area : Approx 1111m2 – including 369m2 in the access corridor

to Parramatta River Frontage. 22.475m to Pellisier Road & 7.83m to

Morrisons Bay Depth. 33m (north) & 82.27m (south). Topography and

Vegetation : The site is reasonably level where the house is situated then falls steeply towards Morrisons Bay where the outbuilding is proposed. The change in level at this point is about 5-6m. A significant fig tree is located on the southern side of the site at the foot of the slope near the proposed outbuilding.


ITEM 5 (Continued)

Existing Buildings: A dwelling house and detached garage are situated on the regular shaped (front) part of the site with no buildings in the access corridor that is towards Morrison Bay.

PLANNING CONTROLS: Zoning : Residential A in Ryde Planning Scheme 1979. Other :

• State Environmental Planning Policy 56 – Sydney Harbour and Foreshores (SEPP 56)

• Sydney Regional Environmental Plan No. 22 – Parramatta River (SREP 22)

• DCP 17A - Dwelling Houses & Duplex Buildings • DCP27 – Waste Minimisation & Management • DCP 45 – Energy Smart, Water Wise • DCP 37 – Access for People with Disabilities, • Parramatta River and Sydney Harbour DCP.

DEVELOPMENT PROPOSAL SUMMARY: • Concrete swimming pool • 2 storey outbuilding containing rumpus and boat storage. PROPOSAL: To construct a swimming pool and outbuilding within the 8m wide access corridor to Morrison Bay comprising – • Swimming pool on the part of the upper level where the existing dwelling house is

constructed. The pool is to be 8.7 x 4m although, with the concrete surrounds, the fenced area is 6 x 11m. The pool is to be constructed over the sloping part of the site resulting in the end closest the water being 4.8m above ground level.

• A 69.89m² x 2 plus storey outbuilding attached to the eastern (Morrison Bay) end of

the pool comprising- Upper level – Rumpus room (42.2m²) with 5.4 x 6m eastern facing balcony. Lower level – Boat store (25.35m²) with 2.7 x 6m eastern facing deck. The

boat store floor is 1.3m above ground level and is to be accessed via a 4.5x3m timber ramp that can be raised to provide access to sub-floor boat storage below.

Sub-floor level – boat storage. Details not supplied but appear to be under the lower level deck.


ITEM 5 (Continued)

• Pedestrian steps from the upper pool level to the lower level. The steps comprise 5 transitions over a 25m length with a fall of approximately 10m.

The retention of a large Port Jackson fig tree (18-20m high) located on the southern side of the access corridor near the lower level. The pool and the rumpus room balconies are to have glass fences while the outbuilding is to be of face brick and tile to match the existing dwelling house. The finish of the sides of the concrete pool is not shown but the side facing Morrison Bay appears to be face brick. The following documentation has been submitted in conjunction with the application:- • Brief Statement of Environmental Effects • Waste Management Plan • Heritage Impact Statement • SEPP 1 objection to the Design Requirements in clause 2.82 of DCP 17A. • Bushfire Statement • Arborist’s report on the Port Jackson fig. BACKGROUND: A pre-lodgement meeting was held on 28 November 2002 where the following issues were identified:- • Site affected by acid sulphate soils • Bushfire report required • Geotechnical report required • Referral to Waterways required • Concerns were raised within the outbuilding in respect of a number of matters in

DCP 17A – appearance, bulk and scale, height, privacy, open space and landscaping, swimming pool height.

• Drainage plans required • Waste Management plan required • Heritage Assessment required • Energy Smart, Water Wise DCP to be addressed A letter was sent to the owner on 21 November 2003 indicating that the proposal could not be supported due to the many non-compliances with the DCP and the resultant unsatisfactory visual, privacy and overlooking impacts. As a result amended plans were submitted that addressed a number of the issues but still had non-compliances. The applicant indicated that the existing garage could be connected to the house, which would make the proposal comply with the outbuilding requirements. This assertion is not supported and any such change would require a new application and heritage impact assessment.


ITEM 5 (Continued) REFERRALS Development Engineer No objection subject to conditions. Landscape Architect The fig tree, although proposed to be retained, is situated within 3m of an approved building and as such could be removed under the TPO. It would be preferable that the tree remained, as it would have a softening effect on any structure Heritage Officer No objection subject to conditions requiring:- • Roof tiles be unglazed terracotta to match the existing house • Door and window frames be of painted timber • Balustrades be of painted timber. Urban Landscapes The public reserve opposite is not to be used for construction parking or for the storage of materials. OFFICER’S ASSESSMENT: The assessment contained in this report relates to matters considered relevant to this development proposal pursuant to section 79C of the Act. 1. Relevant Development Control Plan/Code against which the development is to

be assessed. Dwelling Houses & Duplex Buildings DCP The compliance with the above DCP is illustrated by the development standards below.

Dwelling Houses & Duplex Buildings DCP

Proposal Compliance

Outbuildings • Not exceed 50m2 (includes any

garage) 69.89m2 – not including existing double garage

(see Note 1)

No

• 1storey/4m ridge height 2 storey/6m No


ITEM 5 (Continued)


Proposal Compliance

Outbuildings (cont.) • Not in front of dwelling At rear Yes • Materials compatible with dwelling Face brick/tile Yes • Windows 900mm setback to

boundary 1500mm Yes

• Concrete dish drain to boundary if setback less than 900mm

1500mm Not applicable

• Toilet, shower, hand basin allowed WC Yes • Bar, sink kitchen facilities prohibited. None proposed Yes Swimming Pools, Spas • Child resistant barrier required Glass Yes • Coping under 500mm above ground 0-4.3m No • Coping 900mm from boundary 1500mm Yes • Screen planting along boundary North side only No

Note 1 - The architect has lodged a SEPP 1 Objection for the outbuilding. However SEPP 1 does not apply to a DCP and therefore it will be treated as a submission to justify the non-compliance. Sydney Harbour and Parramatta River DCP The compliance with the relevant provisions of the above SREP is illustrated in the table below. Provision Proposal Compliance Cl. 2-Ecological Assessment (map 5) • Mudflats, aquatic, medium status Clear of mudflats Yes Cl. 3-Landscape Character Type 14 • Protect key visual elements: - o Rock outcrops Construct over outcrop No o Native vegetation None affected N/A o Vegetation in & around dwellings Loss of tree vegetated

backdrop No

o Maintain density & spacing of development

Building within access to waterway

No

Cl.5-Land Based development: - 5.2-Maintain public access Privately owned N/A 5.3-Site behind foreshore building line Behind foreshore building

line Yes


ITEM 5 (Continued) Provision Proposal Compliance 5.4-Built Form • Scale & design to enhance setting Bulky in context No • Not break ridgeline unless tree

backdrop Below ridgeline N/A

• Avoid rectangular boxy shapes, preferable to break into smaller elements

3+ storeys stepped back from waterfront

No

• Low wall & fences to retain views of gardens from waterway

Building blocks views No

• Avoid bright lights. Direct external light downwards

Domestic lighting only Yes

• Minimise reflective materials Face brick, tile, glass Yes • Colour & finish sympathetic to

surroundings Face brick to match dwelling Yes

• Cumulative visual impacts mitigated by vegetation & use of smaller elements

No screening proposed, large 3+ storey structure

No

• Consider cumulative impact along foreshore

Considered to be unacceptable

No

Cl. 5.12-Boat Sheds • 1 storey Part of 3+ storey structure No • Headroom max 2.5m 3.7m for boat store No • Floor 1.575 above AHD 2m approx Yes • Max floor 6x3.7m 6x5.2m No • Gable roof max 350 280 Yes • Colours compatible with

immediate surrounds Match finish of existing dwelling house

Yes

• Used for boatshed only unless council consents otherwise

Boat store separate from rumpus room

Yes

The non-compliances with the DCP are discussed below under the Likely Impacts or under issues raised by objectors. DCP 27 – Waste Minimisation and Management A waste plan was submitted with the application indicating that construction waste will be either taken to Auburn tip or disposed to concrete recyclers. Any waste generated by the use of the building will be disposed of through the domestic waste/recycling service. DCP 37 - Access for People with Disabilities Requires an accessible path from the street to the front door of the dwelling house where the level of land permits. No changes are proposed to the dwelling house.


ITEM 5 (Continued) DCP 45 – Energy Smart, Water Wise An assessment under the DCP was not provided with the application. 2. Environmental Planning Instruments: Ryde Planning Scheme Ordinance Zoning: Residential A Statutory Requirements The compliance with the relevant provisions of the RPSO is illustrated in the table below.

Ryde PSO Proposal ComplianceCl. 88 - Development near a Heritage Item

• Assess impact on significance: - Considered in report Yes • Heritage impact statement

required Statement submitted Yes

SEPP 56 – Sydney Harbour Foreshores and its Tributaries SEPP 56 applies to water frontage land and to land that is separated from the waterfront by a public reserve, road or open space. Clause 7 sets out 16 Guiding Principles to be considered when assessing an application relating to matters such as:- • Public access to the foreshore • Preservation of bushland • Preservation of visual opportunities to and from the water • The appropriateness of the activity • Protection of significant natural, cultural and heritage values • Relationship between the proposal and the waterfront • Scale and context of the development • Character of the development when viewed from the water and its compatibility

with its surrounds It is considered that many of the matters for consideration are similar to the detailed requirements of the SREP 22 and accordingly are assessed in conjunction with the SREP 22 matters.


ITEM 5 (Continued) SREP 22 - Parramatta River The compliance with the relevant provisions of the above SREP is illustrated in the table below.

Provision Proposal Compliance Cl. 15-Earthworks Consent required between foreshore building line & waterway

No works indicated below foreshore building line

N/A

Cl. 20-Matters for Consideration (a) Appearance from Water 3-4 storey, minimal separation No (b) Pollution or Siltation Sedimentation measures to be

installed during construction Yes

(c) Impact on Wetlands or Flora & Fauna Habitat

No wetlands affected. Impact on flora & fauna unlikely

Yes

(d) Noise Generation Domestic use only Yes (e) Impact on Drainage & Foreshore

Erosion Drainage plans submitted Yes

(f) Conflicts on Waterway Usage Private use, no conflict Yes (g) Demand for Boat Storage Private use Yes (h) Whether Foreshore Location

Warranted Only for boat storage, not for rumpus room

No

(i) Impact on Views Caused by the Vessel

No impact Yes

(j) Deleted Not applicable N/A (k) AS 3962-1991 Marina Design Not applicable N/A (l) Deleted Not applicable N/A (m) Any Other Relevant

Development Control Guidelines Not applicable N/A

(n) Heritage impact Not applicable N/A (o) Views of Foreshore Committee Refuse application No (p) Impact on Swimming Not applicable N/A (q) Impact on Pedestrian Access Not applicable N/A (r) Type of Access to Foreshore Not applicable N/A (s) Any DCP or Parramatta River

Guidelines Sydney Harbour and Parramatta River DCP

See DCP table

Draft Environmental Planning Instruments There are no draft instruments that affect this proposal


ITEM 5 (Continued) Matters Prescribed by the Regulations There are no matters prescribed by the regulations that affect this proposal 3. Likely Impacts, including environmental impacts on both the natural and built

environment and social and economic impacts in the locality. Built Environment: Visual Impact – The erection of a structure over 3 levels on a narrow part of the site results in a narrow vertically elongated building when viewed from the foreshore. The built form is some 10.7m high viewed from the foreshore, albeit a staggered elevation, and is 6m wide. The impact is heightened by the steps along the southern side, the minimal setback from the sides that does not allow landscaping and the overall height that blocks out the backyard from the foreshore view. The outbuilding significantly exceeds the Ryde DCP in floor area and the boatshed component significantly exceeds the requirements in the Parramatta River DCP. The building presents as a significant residential structure that could easily be mistaken for a principal residence rather than an appurtenant outbuilding. The pool is about 1m above the apex of the outbuilding roof although its impact is not diminished due to the visible parts over the hips of the roof. Also from the neighbouring properties the pool structure is approximately 5m above ground level and presents as a solid wall. The SEPP 1 objection by the architect indicates that the rumpus room and boat store should not be considered outbuildings as they occupy the area below the pool and the heritage report indicates no impact on the house. The rumpus room is not below the pool but is attached and is at lower level than the pool. The building is detached from the dwelling house, is separate from the existing detached garage and is considered to be a second outbuilding. The design of the proposed structure (pool with attached outbuilding) does not comply with the guidelines in the Parramatta River DCP and significantly exceeds the controls in the Dwelling House DCP. Privacy/overlooking – The stairs that lead from the pool to the rumpus room and boatshed below are along the southern side of the structure adjacent to the verandah of No 64 and have the potential to impact on their privacy. There would be less impact if the stairs were on the northern side where there are less opportunities for overlooking onto the adjoining property.


ITEM 5 (Continued) The elevated nature of the pool, while offering good views to the water, also results in overlooking and privacy impacts onto both adjoining properties. The use of clear class pool fencing, while assisting to reduce the visual impact of the fence, does not assist in reducing the overlooking and privacy impacts. It is indicated in correspondence from the owner that the reason for the rumpus room is to accommodate a full sized pool table. This possibly accounts for the large open balcony (5.4 x 6m), with clear glass balustrade, that they will probably be used for social gatherings, entertaining and like uses, given the internal area will be occupied by the pool table. This large open area will allow overlooking and privacy impacts onto both adjoining properties. Noise Impacts – Noise is likely to be a nuisance from the use of the pool, the large balcony off the rumpus room and possibly from the boatshed use. The elevated nature of the pool and its location in relation to the adjoining dwellings results in it being virtually adjacent to the sides of both dwellings. Similarly the use of the open rear balcony is likely to cause noise impacts onto both adjoining properties. The plans indicate a boat storage room (boatshed) immediately below the rumpus room with a ramp from the ground level. There is no information as to the size and type of boats to be stored nor is there any indication of how the boats will be transported from the water to the boat shed. Also the area under the boat shed is shown as additional boat storage accessed by raising the ramp. There is no information how the ramp will be raised but given its size it is likely to require machinery. Any machinery to raise the ramp or to transport boats to and from the water is likely to have a noise impact on both adjoining properties. It is noted that Waterways has indicated that approval would not be given for any waterside structure, which probably includes a boat ramp or mooring. Natural Environment: The natural environment will be impacted by the loss of vegetation from the foreshore. The height of the structure does not allow for a vegetated backdrop and covers up a rocky outcrop that is characteristic of foreshore landform. The arborist report submitted with the application recommends that significant pruning be carried out to the existing fig tree. Council’s files indicate that approval was given some years ago to remove the tree although this permit has now expired. More recently the adjoining neighbour on the south side received approval to lop off several branches on their side of the fence.


ITEM 5 (Continued) Under Council's Tree Preservation Order the tree can be removed as it is with 3m of a lawfully approved building (the dwelling at No 64). The retention of the tree is tenuous, given its location and that the construction of an outbuilding is likely to contribute to its decline. The likelihood of the tree being removed increases the visibility of the outbuilding from the foreshore and adjacent areas. The outbuilding does not allow screening landscaping to reduce its impact from the foreshore, nor does the location of the pool allow screening at the sides to reduce its impact onto adjoining residents. 4. Suitability of the site for the development. The location of the outbuilding (pool, rumpus room, boat shed and boat storage) within the access corridor to Morrison Bay results in a building of significance bulk and that causes unacceptable impacts onto the adjoining residents. It can be concluded that this part of the site is unsuitable for this type of development proposed. 5. Public Submissions The original application and plans were notified in accordance with Council requirements, adjoining owners were notified and a notice placed in the local paper inviting submissions between 30 September 2003 and 3 November 2003. Two (2) submissions were received from 60A and 64 Pellisier Road. The grounds of objection can be summarised as – • Excessive area and size of the outbuilding • The development appears as 3 storey viewed from the water • Ridge height of 6.8m • Could be converted to a dual occupancy • Development is disproportionately high caused by narrowness of the site. • Privacy and overlooking impacts • Loss of landscaped area • The size of the outbuilding compared to the dwelling creates the impression of a

dual occupancy. Following the above notification a letter was forwarded to the owners on 27 November 2003 advising of non-compliances with the DCP and forwarding copies of the objections. Amended plans were received and were notified in accordance with Council requirements. Adjoining owners were notified inviting submissions between 28 January 2004 and 11 February 2004. Four (4) submissions were received from 60A & 64 Pellisier Road and 2 & 6 McGowan Street. The grounds of objection can be summarised as:


ITEM 5 (Continued) • Excessive height, bulk and size of the outbuilding. • Building appears as 2-3 storey structure. • Disproportionate outbuilding and existing residence give appearance of a dual

occupancy. • Outbuilding gives the appearance of a townhouse. • The outbuilding is not compatible with adjoining buildings when viewed from a

public place. • Building results in an overcrowded appearance when viewed from the

water/foreshore.

Comment The building is of disproportionate shape when viewed from the foreshore in that it gives the appearance of a 3 storey building that is “squeezed” between the adjoining dwelling houses. The gap between the proposed development and the adjoining dwelling is much less than that occurs elsewhere.

• Contrary to objectives of the DCP that the outbuilding is a secondary structure to the dwelling.

• Breaches DCP requirement of 50m² area and 1 storey/4m in height. The outbuilding plus existing garage are about 97m².

Comment The non-compliances with the Ryde DCP relate to a significant increase in the floor area, a significant increase in the height requirements as well as non-compliance with the height and screening requirements relating to the pool. These non-compliances are a significant contributing factor to a development causing an unacceptable visual impact on the foreshore.

• Any consent issued by Council should be enforced to ensure there is minimal

environmental damage.

Comment Any conditions in a consent are matters for enforcement by the appointed PCA.

6. Submissions from Public Authorities and The Public Interest The application and plans were referred to:


ITEM 5 (Continued) (a) Waterways as Integrated Development (b) The Foreshores and Waterways Planning and Development Advisory Committee

(FWP & DAC) as required by SREP 22. Waterways By letter 10 November 2003 Waterways advises that a permit under Part 3A of the River & Foreshores Improvement Act 1948 would not be required provided 10 conditions (mostly relating to pollution and erosion control measures) were included in any consent. FWP & DAC By letter dated 27 February 2004 it is advised that the Committee considered the matter on 27 February 2004 and its recommendation can be summarised as – 1. It is noted the existing mature trees can be removed. 2. Concern with the adverse visual impact viewed from Morrison Bay due to the visual

bulky, boxy appearance and excessive scale in relation to the width of the site. The building bulk is of greater issue in the absence of screening trees.

3. Recommends the application be refused due to the adverse visual impact when

viewed from the water. The proposal is contrary to the aims in SREP 22 relating to the protection and enhancement of the landscape and special scenic qualities of Parramatta River.

4. The guidelines in the Sydney Harbour Parramatta River DCP (section 5.13) should

be followed in relation to any proposed swimming pool to ensure it is appropriately screened.

5. Any waterside structure adjoining the property is unlikely to be approved by

Waterways as landowner.


ITEM 5 (Continued) CONCLUSION: The proposed outbuilding (pool, rumpus room, boatshed and boat store) does not comply with Council's planning controls or the relevant State Government planning controls. The non-compliances result in a building that has an unsatisfactory appearance when viewed from the foreshore and that causes adverse privacy, noise and overlooking impacts. The application was referred to Waterways as required by the State Government legislation and Waterways recommends the application be refused due to its visual impact and non-compliance with the relevant planning controls. Adjoining owners have raised a number of concerns with visual impact of the proposal as well as a number of amenity issues. It is recommended that the application be refused. RECOMMENDATION:

(a) That Local Development Application No. 799/2003 to construct an outbuilding

(rumpus room, boat shed and boat storage) and attached pool, at 60 Pellisier Road, Putney be refused for the following reasons: -

1. The proposal, by virtue of its height, size, bulk and dimensions, is likely to have

an adverse impact on the scenic and visual qualities of the foreshore.

2. The proposal, when viewed from the foreshores, is of a bulk and size that is out of character as an appurtenant structure to dwelling houses.

3. The components of the proposal, by their location and design, are likely to

cause unacceptable overlooking, privacy and noise impacts onto adjoining residents.

4. The proposal does not comply with the controls contained in Ryde DCP 17A –

Dwelling Houses and Duplex Houses, the Sydney Harbour and Parramatta River DCP or SREP 22 – Parramatta River.

5. The construction of a proposed on the foreshores that significantly exceeds the

planning controls is not in the public interest and is contrary to the aims and objectives of SREP 22 and its related DCP.

(b) That those persons who made submissions be advised of Council’s decision. Liz Coad Manager Environmental Assessment

Don J Smith Consultant Town Planner



COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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Date: 16/04/2004


ITEM 5 (Continued)


ITEM 6 9 DELMAR PARADE, GLADESVILLE. Lot 33 in DP 16334. Application pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979 to amend the Approved Dwelling House. LDA No. 2003/130. Applicant: J & K Barnard.


Manager Environmental Assessment Reports 17 March 2004 FILE NO: LDA03/130

EXECUTIVE SUMMARY An application has been received to carry out modifications to the approved dwelling house and attached double garage. The modifications involve raising of the ground floor level by 1050mm to allow disabled access from the street. The floor to ceiling heights will be reduced so that the overall increase in height is 590mm. As a consequence various internal alterations are required to allow the disabled access including the installation of a lift and the removal of split level floors. The proposed modifications are considered to be substantially the same development in terms of the relevant provisions of the Environmental Planning and Assessment Act, 1979. Three (3) submissions were received objecting to the original Section 96 application. Two (2) submissions were received objecting to the amended Section 96 development. The proposed modifications are mainly internal although there is a slight increase in the overall height. The raised levels will not have any significant impact on the privacy and amenity of the adjoining properties. Approval of the application is recommended. Reason for Referral to Development Committee: Request by a previous Councillor. SITE: (Refer to attached map.) Address : 9 Delmar Parade Gladesville – southern side Site Area : 657.6m2

Frontage 11.49m Depth 45.72/47.855m Topography and Vegetation : There is no significant vegetation on the site that slopes

from Delmar Parade towards the Parramatta River. Existing Buildings : 1-2 storey dwelling house with a detached garage on the

street frontage.


ITEM 6 (Continued) PLANNING CONTROLS: Zoning : Residential A in Ryde Planning Scheme 1979. Other : Section 96(2) of the Environmental Planning and

Assessment Act, 1979 DCP 17A – Dwelling Houses & Duplex Buildings DCP 37 – Access for People with Disabilities SEPP 56 – Sydney Harbour & its Tributaries SREP 22 – Parramatta River

DEVELOPMENT PROPOSAL SUMMARY: PROPOSAL: Modification pursuant to Section 96 (2) of the Environmental Planning and Assessment Act, 1979 of the approved dwelling house. The proposal involves the raising of the floor levels to allow disabled access from the street and the installation of a lift to allow access between all levels (except for the lowest or sub floor level). In particular the following is proposed: - • Sub-floor (below street level) – The enlargement of the terrace and the

consequential repositioning of the amenities by excavating further into the sub floor area. A door that faced the western boundary and that provided access to the amenities is now available from within the extended terrace area. There is no lift access to this floor.

• Level 1 (below street level) – Removal of steps that bisected the floor. The lowest

(rear) part will be raised by 1050mm while the front part will raised by 540mm to provide a level floor to facilitate wheelchair movement. Bedrooms 2 and 3 have been extended into the sub floor area to allow connection to the lift from level 2 (street level). As a result of the increase in floor level, the side courtyards and landing to the external stairs require adjusting. The western courtyard (off the laundry) previously sloped to the rear but is now level to facilitate wheelchair use. This leveling has resulted in an increased height of approximately 550mm. The courtyard on the eastern side (off the rumpus room) has been raised by 1130mm.

• Level 2 (street level) – Removal of steps that bisected the floor to provide a level

floor. The lowest (rear) part will be raised by 790mm while the front part will be raised by 440mm. The raising of the floor level will allow a ramp entry treatment to the front of the house to enable disabled access from the street. Internal alterations to allow the installation of a lift to the level above and the level below are proposed.


ITEM 6 (Continued) • Level 3 (above street level) – Minor repositioning of stairs and a slight increase in the

study area (1.5m²) to allow the installation of a lift. The modifications produce the following changes:

Approved Proposed Site area 657.6m² 657.6m Gross floor area 319.6m² 341.82m2 Note 1 Floor space ratio 0.48:1 0.5:1 Building area (includes garage) 212.6m² 212.6m² Site coverage 32.33% 32.33%

Note 1 The increase is caused by the enlargement of bedrooms 2 and 3 on level 1 and

the study on level 3, all of which are inside the approved building footprint and do not increase the building bulk.

HISTORY: Consent to DA 130/2003 was issued on 3 June 2003 to demolish the existing dwelling house and construct a new dwelling house with attached double garage. The consent was subject to a number of conditions including the following that is affected by this application. 1. Development is to be carried out in accordance with the Plans No. 1 to 7 drawn by

Architex dated January 2003 and support information submitted to Council. An application to amend the consent was lodged on 5 August 2003 and, while similar to the present proposal, also included extensions to the top floor study. The plans were notified to residents, referred to Waterways and following assessment the applicant was advised that the application could not be supported due to the following • The additional floor space exceeded the FSR • The extended study increased the 3 storey component to an unacceptable level. • Much greater part of the building now exceeded the 7m height limit. • Increased bulk and scale was unacceptable. Amended plans were received reducing the study similar to that originally approved.


ITEM 6 (Continued) OFFICER’S ASSESSMENT: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Infrastructure Planning and Natural Resources NSW Guide to Section 79C – Potential Matters for Consideration. 1. Relevant Provisions of the Environmental Planning Instrument:

(a) Zoning. The modification of the approved dwelling house is permissible within the Residential A zone, subject to the approval of Council.

(b) Statutory Requirements. The proposal is not affected by any provisions of the

Ryde Planning Scheme Ordinance, or other planning instrument, other than matters that are discussed elsewhere within this report.

2. Matters for consideration pursuant to Section 96(2) EPAA:

The provisions of Section 96(2) of the Environmental Planning and Assessment Act, 1979 allow a consent authority to modify the consent where the application meets the following criteria: - (a) The development to which the consent as modified relates is substantially the

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

considered.

Under Section 96 (2) (a) Council must be satisfied that the development as modified is substantially the same as was approved in the original consent. In arriving at this determination there should be no consideration of the merits of the proposal but rather a straight before and after comparison. If it is determined to be substantially the same then the proposed modifications need to be assessed on their merits having regard to submissions received and any relevant Council planning controls.

The proposed modifications relate to internal alterations, a raising of the ground floor level by 1050mm to allow disabled access form the street. The floor to ceiling heights will be reduced so that the overall increase in height is 590mm. There will be no significant change to the height, the building footprint remains the same and none of the key elements are changed.


ITEM 6 (Continued)

Section 96(2) (b) is not relevant to the current application, as concurrence was not required for the original approval. The proposal meets the requirements of 96(2) (c) and 96(2) (d) listed above, with the submissions received being considered later in this report.

3. Relevant Development Control Plan/Code against which the development is to be assessed.


The compliance of provision relevant to this application with the above DCP is illustrated by the development standards below.


Proposal Compliance

Bulk & Scale Floor Space Ratio – 0.5:1 0.5:1 (0.486:1 approved) Yes Height (as per section plan)

• 7m to ceiling 7.7m (7m approved) No • 2 storey 3 storey (3 storey approved) No • 9m overall 8.6m (8m approved) Yes Privacy Visual privacy • No direct view into adjoining No significant change to that

approved Yes

• Adequate separation between buildings

No change to that approved Yes

• Habitable rooms with direct view

No significant change to that approved

Yes

° Offset by distance; or No change to that approved Yes ° 1.7m sill height; or No change to that approved Yes ° translucent within1.7m of floor No change to that approved Yes

The non-compliances with the DCP are discussed below under the Likely Impacts. DCP 37 - Access for People with Disabilities Requires an accessible path from the street to the front door where the level of land permits. The raising of level 2 will allow an accessible ramp from the street.


ITEM 6 (Continued) 4. Consideration under Section 79C. BUILT ENVIRONMENT: Most of the changes that occur are internal and will not be noticeable from the outside. The main external difference is that the overall height of the building has been increased although the reduction in the floor to ceiling height minimises the impact. The removal of the step from the floors as well has the raising of the street level floor (level 2) results in the rear part of the dwelling (facing Parramatta River) being raised more than the front. The rear part of the building has been raised by 590mm overall while the front part has been raised by 250mm. The most likely impact is whether the increase in height of the street level floor (that contains the main living areas) is likely to produce any unacceptable impacts onto the adjoining properties. The floor has been raised by 790mm at the rear and 440mm at the front. The windows in the dwelling have been positioned so that there is no direct facing window other than the window over the stairwell. The main overlooking impact is likely to be from the rear balconies, however the increase in height will not significantly alter the overlooking opportunities from those under the approved plans. The increase in floor levels has resulted in two courtyards (1 adjoining each boundary) being slightly raised over that approved. The main purpose of both courtyards is to provide a landing for the stairs to the rear of the site. The eastern courtyard has access off the rumpus room on level 1 (below street level) and will generally be below the dividing fence. The stairs to the rear of the site take up part of the courtyard thus making it unlikely to be used for any “recreational purpose” as it would impede its use as an accessway to the rear. The adjoining dwelling has a number of “service rooms” (walk in robes, laundry and amenities) on this side and therefore is unlikely to cause any unacceptable privacy impacts. The western courtyard is off the laundry and is likely to be used for drying purposes. At present it adjoins the front yard of the adjoining house and is unlikely to cause overlooking impacts. An application has been lodged to demolish this house and erect another. Perusal of the plans indicates that there are no windows proposed that directly facing this courtyard.


ITEM 6 (Continued) NATURAL ENVIRONMENT: The proposed modifications do not impact on the landscaping and other measures included in the original consent. SUBMISSIONS: The Section 96 application and plans were notified in accordance with Council requirements. Adjoining owners were notified and a notice placed in the local paper inviting submissions between 27 August 2003 and 29 September 2003. A total of 3 submissions were received from 7, 10 & 12 Delmar Parade raising height, floor space ratio, overshadowing and loss of views as areas of concern. The amended proposal was advertised and notified in accordance with Council’s Development Control Plan for Notification for a 14 day period between 4 December 2003 and 18 December 2003. A total of 2 objections were received (from 7 & 8 Delmar Parade) and the issues raised may be summarised as: • Object to any variation to the height, site coverage and floor space ratio.

Comment There is no change to the site coverage, the floor space ratio complies with the DCP with height being the main consideration. The slight increase in overall height (440mm) will not significantly alter the views of the objector from across the street. The topmost level is a study about 6.5m wide that allows shared views of the Parramatta River and environs. The increased height will not significantly impact on the objectors to the east as:

° There will be no loss of morning or noon sun, ° Their privacy will not be significantly impacted as they have service type

rooms along this side, ° The rear verandah of the subject site is closer to the river thus allowing

the line of sight to be away from the objector’s property. • Series of photographs submitted showing a number of other properties in Delmar

Parade that are capable of providing wheelchair access from the street to their topmost level. The objector suggests the height could be lowered by further excavation to similarly provide access.


ITEM 6 (Continued)

Comment Discussions with the objectors indicate that their concern relates the study level that makes this a 3 storey building and is 2 levels above street level unlike adjoining properties that are 1 storey facing the street. The site would need to be excavated by about 2m to lower the study level to allow a disabled ramp from it to the street level. This would cause air, light and ventilation issues with the lower floors and cause a major redesign of the dwelling. The impacts of the study were considered by Council during assessment of the original application and the amended plans do not significantly alter these impacts.

Comment from other Authorities As the land is affected by SEPP 56 – Sydney Harbour and its Tributaries and SREP 52 Parramatta River the original application was referred to Waterways for comment and their views were taken into account during consideration of the original application. The amended application was also referred to Waterways who indicate that no objection is raised to the amended plans. They request that a copy of the approval and plans be forwarded for their records. CONCLUSION: The proposal is to raise the living floor by approximately 1m to allow disabled access from street level for a family member. The impact has been minimised by reducing floor to ceiling heights so that the nett increase in height is 440mm. Other changes are external and do not add to the bulk of the building nor do they cause unacceptable impacts. The application is recommended for approval. RECOMMENDATION: (a) That Local Development Application No. 130/2003 to demolish the existing dwelling

house and construct a new dwelling house with detached garage at 9 Delmar Parade Gladesville be modified.

By the deletion of condition 1 and the substitution of a new condition as follows:

1. Development is to be carried out in accordance with the plans drawn by

Architex and marked Set 6, Nos. 1, 2B, 3B, 4B, 5A & 6 dated July 2003 and support information submitted to Council.


ITEM 6 (Continued) (b) That those persons who made submissions be advised of Council’s decision (c) That a copy of the amended consent and approved plans be forwarded to

Waterways for record purposes. Liz Coad Manager Environmental Assessment

Don J SmithConsultant Town Planner



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ALL RIGHTS RESERVED


City of Ryde

Development Application130.2/2003



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ITEM 6 (Continued)


ITEM 7 9 DELMAR PARADE, GLADESVILLE. LOT: 33 DP: 16334. Local Development Application for the construction of an inground swimming pool within the foreshore building line. LDA 6/2004. Applicant: Sunrise Pools Pty Ltd.



EXECUTIVE SUMMARY

This report considers a proposal to erect a swimming pool and retaining walls within the foreshore building line. The development fails to comply with the Ryde Planning Scheme Ordinance requirements for structures within the foreshore building line. These non-compliances result in a development having an excessive bulk and scale and adversely impacting on the visual appearance of the site as viewed from Parramatta River. As the site is located adjacent to Parramatta River, it is also subject to numerous other planning instruments that specify criteria for determining development applications. The proposed development fails to comply with numerous aspects of these planning instruments. The application is recommended for refusal. Reason for Referral to Development Committee: Requested by a former

Councillor. SITE: (Refer to attached map.) Address : 9 Delmar Parade, Gladesville. Lot 33 in DP 16334. Site Area : 657.6m2

Frontage: 11.49m Depth: 45.72m on the western boundary and 47.855m on the eastern boundary.

Topography and Vegetation : There is no significant vegetation on the site. The site

slopes from Delmar Parade to Parramatta River.


ITEM 7 (Continued) Existing Buildings : Part 1 and part 2 storey dwelling house as well as a

detached garage. PLANNING CONTROLS: Zoning : Residential 'A' Other : Residential 2(a) : Ryde Planning Scheme Ordinance State Environmental Planning Policy 56 Sydney Harbour

Foreshores (SEPP 56) Sydney Regional Environmental Plan 22 – Parramatta

River (SREP 22) Dwelling House and Duplex Development Control Plan

(DCP No.17A) DEVELOPMENT PROPOSAL SUMMARY: • Swimming pool within foreshore building line. • Retaining walls within foreshore building line. PROPOSAL: Consent is sought to construct a swimming pool and retaining walls within the foreshore building line. The pool is located on the eastern side of the property and due to topography of the site, the height of the pool facing the Parramatta River will be 2.2m (weir edge) above the natural ground level. The retaining walls will be approximately 1m in height. HISTORY: A new dwelling was approved by Council at its meeting on 3 June 2003 for this site and a Section 96 Modification which is yet to be considered by Council, is subject to a separate report. A letter was forwarded to the applicant and the owner on 16 February 2004. The issues being:


ITEM 7 (Continued) 1) HEIGHT OF POOL:

The foreshore building line for Delmar Parade, Gladesville was set by Resolution of Council at its Meeting on 13 March 1984. The foreshore building line for No.9 Delmar Parade, Gladesville is a line connecting between the east and west boundaries measured 30m from the front boundary at each side. Clause 40(6) of Council’s Ryde Planning Scheme Ordinance states:

“The responsible authority may, after consideration of the probable aesthetic appearance in relation to the foreshore of –

(a) a proposed retaining wall; or (b) a proposed swimming pool which does not project above the natural ground

level of the land upon which it is erected,

consent to its erection between the foreshore and a foreshore building line fixed in respect of land fronting the foreshore.” The proposed pool is totally within the foreshore building line area and projects well above the natural ground level upon which it is to be erected. The pool in its present form is prohibited having regard to this clause.

2) SURVEY LEVELS:

The proposed pool will need to be accurately shown on the survey plan with finished levels confirming that no part of the pool other than the coping will project above the natural ground level at any point.

3) GEOTECHNICAL REPORT: As the property is identified within an area of slope instability and given the

excavation required within the rock, a geotechnical report will need to be obtained detailing the suitability of the pool and measures required to retain the excavation.

4) WATERWAYS AUTHORITY: As the application is deemed an integrated development, Council must consider

any recommendations from the Waterways Authority. Council is awaiting their comments.


ITEM 7 (Continued) A meeting was held at Council with the applicant on the 18 March 2004 and the above issues were discussed. The applicant advised Council that further information would be forwarded to Council as soon as possible. At the time of this report (21 April 2004), the proposal remains the same. 1) Height Of Pool: The height of the pool has not been altered. 2) Survey Levels: The requested survey plan showing the location of the proposed

pool was not submitted. A copy of the survey plan submitted with the application for the new dwelling was made and the position of the pool marked on by Council Officers.

3) Geotechnical Report: The requested geotechnical report for the pool was not

provided. A copy of the geotechnical report submitted with the application for the new dwelling was made. Reference is made in the report that a future swimming pool is proposed immediately south of the proposed residence. The report states that footing excavations would need to be inspected by an experienced Geotechnical Engineer or Engineering Geologist to ensure that footings for the pool are founded on sandstone bedrock as the potential exists for footings to be founded on sandstone boulders or detached units.

4) Waterways Authority: The Waterways Authority have commented that a Part 3A permit is not required for this application.

A Consultant acting on behalf of the owners forwarded a letter to Council on 6 April 2004 stating that Clause 40(6) of the Ryde Planning Scheme Ordinance is a development standard amenable by a SEPP 1 Objection and not a prohibition as expressed by Council in its letter dated 16 February 2004. The applicant was given an opportunity to submit a SEPP 1 Objection for Council to consider. The consultant had indicated in their letter that this information would be forwarded to Council within 7 to 10 days (by 19 April 2004). At the time of the Assessment Officer’s finalising of the report on 21 April 2004, no further information or SEPP 1 Objection had been submitted. Council cannot approve this development application without a SEPP 1 Objection. (Attached to this report are the Consultants letter dated 6 April 2004 and Council’s letter dated 14 April 2004 for the Council’s information) REFERRALS: Waterways Authority: 11 March 2004:


ITEM 7 (Continued) The Waterways Authority have stated that they have reviewed the application in relation to the granting of a permit under Part 3A of the Rivers and Foreshores Improvement Act 1948 (Part 3A Permit). Based on the information provided, and if Council is of a mind to grant development consent to the subject development application, Council is advised that a Part 3A Permit would not be required provided Waterways Authority's general terms are met. OFFICER’S ASSESSMENT: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Infrastructure, Planning and Natural Resources' Guide to Section 79C – Potential Matters for Consideration. 1. Relevant Development Control Plan/Council Code against which

development has been assessed: Development Control Plan for Dwelling Houses and Duplex Buildings (DCP No.17A). The swimming pool provisions in this DCP require that pools

should not exceed more than 500mm above the natural ground level and the edge of the coping set a minimum of 900mm from boundaries to allow for screen planting.

2. Matters for consideration pursuant to Section 79C EPAA 1979:

a) Environmental Planning Instrument Ryde Planning Scheme Ordinance (RPSO) (i) Zoning

The site is zoned residential 2(a) under the Ryde Planning Scheme Ordinance. The use is permitted with the consent of Council.

(ii) Mandatory Requirements

Foreshore Building Line


ITEM 7 (Continued)

The site is affected by Clause 40 of the Ryde Planning Scheme Ordinance and a foreshore building line has been fixed on the property. The foreshore building line for No.9 Delmar Parade, Gladesville is a line connecting between the east and west boundaries measured 30m from the front boundary at each side. Clause 40(6) of Council’s Ryde Planning Scheme Ordinance states:

“The responsible authority may, after consideration of the probable aesthetic appearance in relation to the foreshore of – (a) proposed retaining wall; or (b) a proposed swimming pool which does not project above the natural ground level of the land upon which it is erected, consent to its erection between the foreshore and a foreshore building line fixed in respect of land fronting the foreshore.” The proposed pool is wholly within the foreshore building line area and projects well above the natural ground level upon which it is to be erected.

Given that the height of the pool (weir edge) above the natural ground level will be 2.2m the pool structure will be the dominating feature when viewed from the river. Its closeness to the river edge results in the pool being more visually dominant when viewed from the waterway and less opportunities for landscaping.

The proposal is also to construct retaining walls to contain fill between the pool and the eastern side boundary. This has implications to loss of privacy, excessive boundary fence heights and cannot be supported by Council Officers. Aesthetic Appearance of the Development

This clause requires the Council to take into consideration the probable aesthetic appearance of the proposed building or work when viewed from Parramatta River. The proposed pool within the foreshore building line would be visually dominant from the waterway given the 2.2m height above the natural ground level. The landscape plan has not shown any suitable landscape screening which will not assist in the minimising of the impact of the pool.

(b) Relevant SEPPs.

State Environmental Planning Policy No.56 - Sydney Harbour Foreshores

This planning policy sets out principles that are to be taken into consideration in the assessment and determination of development applications. These principles include:


ITEM 7 (Continued) PRINCIPLE

COMPLIANCE/NON-COMPLIANCE

a) Increasing public access to, and use of, land on the foreshore.

Public access is currently available along the foreshore in this locality. This will not be changed as a result of this application.

b) The fundamental importance of the need for land made available for public access, or use, on the foreshore to be in public ownership.

There are no statutory controls to require any dedication for land along the foreshore.

c) If public ownership of foreshore land is not possible, the use of appropriate tenure mechanisms to safeguard public access to, and public use.

This is not applicable.

d) The retention and enhancement of public access links between existing foreshore open space areas.

The development will not affect the public access links.

e) The conservation of significant bushland and other natural features along the foreshore.

There is no significant bushland but rock formations within the foreshore building line.

f) The suitability of the site or part of the site for significant open space that will enhance the open space network along the harbour foreshores.

There is no open space network in the vicinity of the site.

g) The protection of significant natural and cultural heritage values, including marine ecological values.

The development will not affect the heritage significant of any heritage item.

h) The protection and improvement of unique visual qualities of the harbour, its foreshores and tributaries.

The swimming pool erected above ground level will adversely affect the unique visual qualities of the harbour, its foreshores and tributaries.

i) The relationship between use of the water and foreshore activities.

There would be no conflict between the use of the water and foreshore activities.


ITEM 7 (Continued)

PRINCIPLE


j) The conservation of items of heritage significance identified in an environmental planning instrument or subject to an order under the Heritage Act 1977.

The site is not affected by any heritage item.

k) The scale and character of any development, derived from an analysis of the context of the site.

The development is inconsistent with other developments in the locality.

l) The character of any development as viewed from the water and its compatibility and sympathy with the character of the surrounding foreshores.

As demonstrated elsewhere in this report, the development is inconsistent with other development in this locality.

m) The application of ecologically sustainable development principles.


n) The maintenance of a working harbour character and functions by the retention of key waterfront industrial sites or, at a minimum, the integration of facilities for marine activities into development and wherever possible, the provision of public access through these sites to the foreshores.

This is not applicable to the site.

o) The feasibility and compatibility of uses and, if necessary, appropriate measures to ensure coexistence of different land uses.

The pool is not compatible with the surrounding development.

p) Increasing opportunities for water based public transport.



ITEM 7 (Continued) Many of the principles contained in this document are not applicable to the proposed development. The development is considered to be incompatible with the character of the surrounding area as demonstrated in the report, and the non-compliances with the applicable controls contained in the various planning instruments. The development will also detract from the visual quality of the site when viewed from the waterfront. (c) Relevant REPs. Regional Environmental Plan 22 – Parramatta River This planning instrument requires the Council to take into consideration the following:

PRINCIPLE


a) The appearance of the development from the waterway and the foreshore.

The visual bulk of the pool and retaining walls are inconsistent with other new developments in the locality. The proposed development will adversely impact on the landscape character of the locality.

b) Whether the development will cause pollution or siltation of the waterway to an extent that would jeopardize any existing or potential uses of the waterway.

Appropriate conditions would be included on any approval in respect to soil erosion. The application is not expected to be a problem in respect of siltation.

c) Whether the development will have an adverse effect on wetlands or flora and fauna habitats.

There are no wetlands or flora and fauna habitats on the site.

d) The noise likely to be generated by the development and any adverse effect that any such noise would have on existing uses of the waterway or nearby land.

The development will not result in increased noise that would affect the amenity of the waterway.

e) Whether the development will have an adverse effect on drainage patterns or cause shoreline erosion.

Appropriate conditions would be imposed that will not result in any changes to the drainage pattern.


ITEM 7 (Continued)

PRINCIPLE


f) Whether the development will cause excessive congestion of, or generate conflicts between, people using the waterway or the waterfront.

No conflicts should arise as a result of this application.

g) The demand for storage space for boats on the harbour or on the Parramatta River.

This application will have no impact on the storage of boats.

h) Whether the development warrants a foreshore location.

The erection of the pool is consistent with Council’s controls. No objection is raised to the foreshore location.

i) Whether the development will have an adverse effect on the views to and from the waterway as a result of the size of the vessels capable of being accommodated within the development.

This is not applicable to the application.

j) The Australian Standard AS 3962-1991 Guidelines for design of marinas.

The development is not for a marina so it is not applicable to the development.

k) Any other relevant plan of management, urban design or other development control guidelines that apply to Parramatta River and its foreshores.

All relevant documents have been considered in the report.

l) The effects of that development on the heritage significance of a heritage item, its site, its vicinity or on a conservation area.

The development will not affect the heritage significance of any heritage item.

m) Any representation of the Committee.

The application was not required to be referred to the Foreshores and Waterways Planning and Development Committee.

n) Whether the development will affect swimming in the locality.

There is no designated swimming area in front of the proposed pool.


ITEM 7 (Continued)

PRINCIPLE


o) The provision of pedestrian access in the locality of the development and the impact of the development on existing pedestrian access.

The development will not impact with any pedestrian access.

p) The importance of giving priority to onshore access to the foreshore and waterway rather than access by means of boardwalks.


q) Any development control plan prepared in respect of this plan or, until such a plan has been prepared, the design and management guidelines for Parramatta River.

The pool has not been designed to meet the foreshore building line requirements in Council’s RPSO.

(d) Relevant DCPs Sydney Harbour and Parramatta River Development Control Plan for Sydney Regional Environmental Plan No 22 – Parramatta River and Sydney Regional Environmental Plan No 23 – Sydney and Middle Harbours This DCP contains performance-based criteria and guidelines relating to matters such as foreshore access, visual and natural environments, recreation and maritime industrial uses. The aims of the DCP are: • Protecting ecological communities within the area covered by the Sydney

Regional Environmental Plan No 22 – Parramatta River; • Ensuring that the scenic quality of the area is protected or enhanced; • Providing siting and design principles for new buildings and waterside structures

within the area; and • Identifying potential foreshore access locations in the area. The DCP has identified the site within landscape character type 14. These areas are mostly developed with detached residential development on the upper slopes and wharves along the foreshore. Further development in these areas must consider protecting key visual elements including rock outcrops, native vegetation, vegetation in and around dwellings and maintaining the density and spacing of development.


ITEM 7 (Continued) Any development is required to satisfy the following criteria: • Consideration is given to the cumulative and incremental effects of further

development along the foreshore and to preserving the remaining special features;

• Development is to avoid substantial impact on the landscape qualities of the foreshore and minimise the removal of natural foreshore vegetation, radical alteration of natural ground levels, the dominance of structures protruding from rock walls or ledges or the erection of sea walls, retaining walls or terraces;

• Landscaping is to be carried out between buildings to soften the built environment; and

• Existing ridgeline vegetation and its dominance as the backdrop to the waterway, is retained.

The proposed development is inconsistent with the above criteria. Although there are examples of elevated swimming pools in the surrounding foreshore, this proposal at 2.2m above the natural ground level is far too excessive in height. This is inconsistent with Council’s requirements for swimming pools within the foreshore building line. The development is also inconsistent with the second criteria. The development will result in substantial impacts on the landscape qualities of the foreshore. The rock outcrop will be partly removed with no substantial landscaping proposed. The swimming pool and retaining walls will be dominating the visual appearance of the foreshore. The proposed development will be inconsistent with the landscape character of this part of Parramatta River. This will result in the development adversely impacting upon the visual appearance of the foreshore. The swimming pool is defined as land based development under the SREP 22. To reduce the visual impact from the waterway and to ensure that development is compatible with the surrounding landscape and built form, the DCP provides design guidelines that are applicable to land based developments. The design guidelines for the swimming pool require that if the pool protrudes beyond natural ground level, mitigation measures to minimise the visual impact are to be implemented. The swimming pool will protrude an excessive amount above natural ground level for these measures to be effective.


ITEM 7 (Continued) (e) Any draft LEPs. There are no applicable draft LEP’s that affect the site.

3. The likely impacts of the development, including environmental impacts

on both the natural and built environments and social and economic impacts in the locality:

Built Environment

The proposed pool and retaining walls are well above the natural ground level and will adversely impact on the amenity of the surrounding area. The proposed pool is wholly within the foreshore building line would be visually dominant from the waterway given the 2.2m height (weir edge) above the natural ground level. Clause 40(6) of Council’s Ryde Planning Scheme Ordinance allows a swimming pool within the foreshore building line providing it does not project above the natural ground level of the land upon which it is erected. The landscape plan has not shown any suitable landscape screening which will not assist in the minimising of the impact of the pool. The development is not consistent with other developments of a similar nature. Natural Environment The proposed pool development will impact on the natural environment as a significant rock formation will be partly removed with this proposal. The pool has not been designed to preserve the natural rock features within the foreshore. A geotechnical report submitted with the proposed new dwelling has stated that several large boulders which are present in the location of the pool and would need to be removed. Filling of land around the pool will also impact on the natural environment.

4. Suitability of the site for development:

The site is not classified as a heritage item or subject to any natural constraints such as flooding or subsidence. The site is affected by a foreshore building line, which requires building development to be sympathetic with the character of the surrounding foreshores and designed to meet the relevant planning controls. As the proposed pool development has had minimal regard to these controls and results in adverse impacts, the site is not considered suitable for this development.


ITEM 7 (Continued)

5. Public submissions: The proposal was advertised and notified in accordance with Council’s Notification Development Control Plan for a 30 day period ending on 23/02/2004. During this period no submissions were received.

6. Submissions from Public Authorities and the Public Interest: There were no submissions from Public Authorities and the Public Interest.

CONCLUSION: The proposed pool and retaining walls will be incompatible with the surrounding development and will adversely impact on the landscape quality of the foreshore locality. This is due to the development failing to comply with the foreshore building line provisions of the Ryde Planning Scheme Ordinance which requires pools not to exceed above the natural ground level. The application has failed to give adequate attention to the other relevant planning instruments that affect the site. The application is recommended for refusal. RECOMMENDATION: That Local Development Application No. 6/2004 at 9 Delmar Parade, Gladesville, being LOT: 33 DP: 16334 be refused for the following reasons; 1. The proposed swimming pool is inconsistent with Clause 40(6) of the Ryde

Planning Scheme Ordinance in that it projects above natural ground level. 2. The aesthetic appearance of the proposed development will adversely impact on

the foreshore, which is inconsistent with Clause 40(6) of the Ryde Planning Scheme Ordinance.

3. The proposed development is inconsistent with the principles specified in Clause

7 of State Environmental Planning Policy No 56 – Sydney Harbour Foreshores in that the development proposal affect the visual quality of Parramatta River and is inconsistent with the scale and character of surrounding development.

4. The visual bulk and scale of the swimming pool would adversely impact on the

landscape character of the locality, which is inconsistent with Clause 20 of Regional Environmental Plan 22 – Parramatta River.


ITEM 7 (Continued) 5. The proposed development is inconsistent with performance criteria for the

landscape character type 14 as specified under Sydney Harbour and Parramatta River Development Control Plan.

6. The swimming pool is inconsistent with Clause 5.13 of the Sydney Harbour and

Parramatta River Development Control Plan. Liz Coad Colin MurphyManager Environmental Assessment Snr Environmental Assessment Officer


ITEM 7 (Continued) No submissions received

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ITEM 7 (Continued)


ITEM 8 12-14 POTTS ST, RYDE. Lots 1&2 DP 7782. Local Development Application for the 5 villa homes (3x3 bedroom and 2x2 bedroom) with strata subdivision. LDA 381/2003. Applicant: Mr J Goian.

INTERVIEW 5.55PM Manager Environmental Assessment Reports 8 April 2004 FILE No: LDA03/381

EXECUTIVE SUMMARY This report considers a proposal for the erection of an urban housing development consisting of 5 units (3x3 bedroom and 2x2 bedroom) with strata subdivision. The proposal has been assessed using Council’s Urban Housing DCP and is generally satisfactory. The application has been amended throughout the processing to address several issues of concern, particularly stormwater disposal, and non-compliance with the Urban Housing DCP (in respect of site coverage and height of the floor levels of the units above natural ground level). The proposal (both the original proposal and amended plans) have been advertised as per Council’s Notification DCP. Two submissions were received to the original proposal and 1 submission was received to the amended proposal. The issues raised in the submissions do not warrant refusal of the application, however several conditions of consent are recommended to address particular impacts on properties to the south. It is recommended that the proposal be approved via a “deferred commencement” consent. The consent will not operate until an interallotment drainage easement has been created over a downstream property. Reason for Referral to Development Committee: Nature of development and submissions received. SITE: (Refer to attached map.) Address : 12 and 14 Potts St, Ryde. Lots 1&2 DP 7782 Site Area : 1643.4m2 Frontage. 25.9m Depth. 63.44m


ITEM 8 (Continued) Topography and Vegetation : The land generally slopes down from Potts St towards the

south, and it also has a slight cross-fall from east to west. It contains no significant vegetation, only shrubs and a few trees.

Existing Buildings : 2 dwellings and 3 sheds.

PLANNING CONTROLS: Zoning : Residential 2(a) under the Ryde Planning Scheme. Other : DCP 21A – Urban Housing DCP27 – Waste Minimisation & Management DCP37 – Access for People with Disabilities DCP45 – Energy Smart, Water Wise DEVELOPMENT PROPOSAL SUMMARY: PROPOSAL: The development proposes the erection of a 5-unit urban housing development. Units 1-3 (towards the front and centre of the site) each have 3 bedrooms and a single garage, with a 2nd stacked car space behind the garage. Units 4 and 5 each have 2 bedrooms with a single garage and are to be located towards the rear of the land. The units are to be constructed of face brickwork with concrete roof tiles. 2 visitor parking spaces are to be provided, parallel to the driveway. Strata subdivision is also proposed upon completion of the development. BACKGROUND: The application was lodged on 17 April 2003. Internal referrals and advertising was undertaken, and the advertising period closed on 19 June 2003. 2 submissions were received as a result of this process. On 17 September 2003, Council wrote to the applicant advising of various issues of concern, namely engineering matters (stormwater disposal, vehicle turning areas, driveway design levels) and areas of non-compliance with Council’s Urban Housing DCP (regarding site coverage, alteration of ground levels, clarification about height, and provision of a lockable garage for unit 5).


ITEM 8 (Continued) On 17 February 2004 amended plans/additional information was submitted to address these issues of concern. The amended plans proposed a reduction in the roofed area (porch) to the front of villa 1, and a reduction in the finished floor level of villas 4 and 5 by 100mm (from RL32.6 to RL32.5). The amended plans were re-advertised, and the advertising period closed on 25 March 2004. 1 further submission was received regarding these amended plans. The applicant has addressed all the various issues of concern raised during the processing of the application and it is now referred to Development Committee for determination. It is noted that all of the submissions (i.e. both for the original and amended plans) are addressed in the report. REFERRALS Development Engineer, 2 March 2004: Advises that the development is satisfactory subject to conditions. Recommends that a deferred commencement consent be issued, with the consent not becoming operative until an interallotment drainage easement has been created and the drainage system has been approved by Council. Building Surveyor, 8 November 2003: No objection subject to the imposition of conditions. (Note: The amended plans do not alter the original recommended conditions) OFFICER’S ASSESSMENT: The assessment contained in this report relates to matters considered relevant to this development proposal pursuant to section 79C of the Act. 1. Environmental Planning Instruments: Ryde Planning Scheme Ordinance (a) Zoning: Residential 2(a) – the proposal is permissible with Council’s consent. (b) Statutory Requirements: The proposal is subject to various requirements as outlined

in the following table


ITEM 8 (Continued)

Ryde PSO Proposal Compliance Cl. 56A(3) 300m² per villa site density 120m² landscaping for each villa.

5 units requires 1500m² site area (1643m2 provided) 5 units require 600m² landscaped area (607m2 provided)

Yes Yes

Cl. 56A(4) 1 storey height, 4m overall 1 storey Max height = 3.8m

Yes

Cl. 56A(6) 1 parking space 1 or 2 beds (2 spaces)

1.6 parking space per 3 beds (4.8 spaces)

1 space/4 dwellings/visitors (1.25, say 2 spaces)

2 Spaces 6 spaces 2 spaces

Yes Yes Yes

Draft Environmental Planning Instruments The objectives of Draft Ryde Local Environmental Plan No 129 are to amend certain provisions of the RPSO so that it is consistent with the new DCP for Urban Housing (DCP 21A). This Draft LEP is currently under consideration with the State Government (Department of Planning, Infrastructure and Natural Resources). The provisions of the RPSO are valid until such time as the gazettal of the Draft LEP. The Draft LEP intends to amend certain controls in respect of density and height as well as introducing linear separation into the RPSO, rather than the DCP. The development complies with the new requirements. Matters Prescribed by the Regulations There are no matters prescribed by the regulations that affect this proposal 2. Provisions of Development Control Plans Urban Housing DCP 21A The compliance with the main provisions of the above DCP is illustrated by the development standards below.


ITEM 8 (Continued)

Urban Housing Development Control Plan Requirements

Proposal

Compliance

Minimum allotment size and frontage

Area minimum – 600m2

Road frontage – min 20metres 1643.4m2 25.905 metres

Yes Yes

Linear Separation Subject site and other Urban Housing, villas and duplexes are twice the frontage of site from nearest similar developments.

No duplexes, villas or urban housing are existing or approved within 2 frontages of the site.

Yes

Density and site coverage The density control is 1x2 bedroom dwelling per 300m2 and 1 x 3 bedroom dwelling per 330m2 of site area (subject to Ryde LEP 129 gazettal). Minimum area of 1590m2. Site coverage not to exceed 40% (657.36m2). Permeable area not to be less than 35% or 575.19m2.

1688.5m2

697.2m2 (42.42%) 607m2

Yes No – deemed satisfactory Yes

Private outdoor space (courtyards) Minimum 35m2 with such areas having a minimum dimension of 4 metres.

All courtyards have at least 38m2

Yes

Type and number of dwellings In developments with 4 or more dwellings, not more than 50% of dwellings should have the same number of bedrooms. Maximum 12 units

60% are 3 bedroom and 40% are 2 bedroom. Total of 5 units.

Yes –proposal is for 5 units only. Yes


ITEM 8 (Continued)


Proposal

Compliance

Slope of site Not to slope up from the street with a slope of more than 1:6, or have a cross slope of more than 1:6 or be higher than the adjoining sites and slope up from the street with a gradient of more than 1:8.

The site is relatively flat with a slope of 1:55 or 2%.

Yes


Finished floor levels are up to 1000mm higher than NGL

No – but complies with intent

Setbacks Front – 7.5 metres as streetscape is likely to change. Variation of 1 metre for no more than 50% of elevation. Setback should be 7.5 metres or 6.5 metres for 50% of the elevation.

6m to porch 7.5m to wall

Yes

Side and rear

4.5 metres (3 metres allowed for no more than 50% of length of unit wall). 6m where adjacent to a driveway

West side = 3m for br1 villa 4, the rest is 4.5m South side = all min 4.5m East side = Br1 of units 1-3 are closest – 7.4m setback

Yes Yes Yes

Height Single storey 4 metres.

Single storey 3.7 metres (at highest point)

Yes Yes

Car parking 1 parking space for each 2 bedroom unit. 2 parking spaces for each 3 bedroom unit. 1 visitor parking space for every 2 dwellings. Total 10 spaces.

1 space per 2br unit 2 spaces per 3br unit. 2 visitor parking.

Yes Yes


ITEM 8 (Continued) The non-compliances with the DCP, except those indicated to be subject of conditions, are discussed below under the Likely Impacts or under issues raised by objectors. DCP 27 – Waste Minimisation and Management A waste plan satisfactory to Council’s Environmental Health Officer was submitted with the application indicating that material will be recycled (where appropriate) and disposed of in a satisfactory manner. DCP 37 - Access for People with Disabilities Requires an accessible path from the street to the front door where the level of land permits. The development meets this requirement and is considered satisfactory in terms of this DCP. DCP 45 – Energy Smart, Water Wise The proposal is generally satisfactory in terms of this DCP. Conditions 16-19 have been included in the recommendation to address particular requirements. Section 94 Contributions Plan A contribution for the services in Column A and for the amount in Column B shall be made to Council prior to the issue of the Construction Certificate.

A B Public Space $16578 Stormwater Drainage $3291 Administration $178 The total contribution is $20047

(see condition 6). 3. Likely Impacts, including environmental impacts on both the natural and built

environment and social and economic impacts in the locality. Built Environment: The surrounding built environment consists of predominantly single residential dwellings. The proposal is for 5 single storey villa homes (a development which is permissible within the zoning of the property), and is generally consistent with the existing built environment.


ITEM 8 (Continued) As indicated in the assessment in terms of the Urban Housing DCP (above), the proposal generally satisfies these requirements. There are several minor issues of concern regarding the DCP which are discussed below. Although they are technical areas of non-compliance with the DCP, they do not warrant refusal of the application. The first of these issues is Site Coverage. The DCP prescribes a maximum 40% site coverage, and on this site (1643.4m2), 40% equates to a maximum of 657m2 site coverage. The site coverage has been calculated (by planimeter) at 697.2m2 (or 42.4%). This represents an over-development of some 39.84m2. In the original plans, the site coverage was approx 45%, so the applicant has partly addressed this non-compliance through a reduction in the roofed area of the development. Council is presently awaiting the gazettal of Draft LEP No 129 which amends the Ryde Planning Scheme to allow 2 storey urban housing developments (within the established building zone only). When this provision takes effect, the 2 storey developments which it will permit will, by its very nature, allow for lesser site coverage in urban housing developments. In the mean time, it has been decided to show some leniency in applying the site coverage controls, because 2 storey development is not permissible until Draft LEP No 129 is gazetted. In the case of this development, a 39.84m2 dispensation in the roofed area is considered reasonable, considering the applicant has reduced the roofed area by some 46m2 from the original plans. The proposed development is considered acceptable in terms site coverage, despite the technical non-compliance, for the reasons explained above. Floor levels of the development are another area of non-compliance with the DCP. The DCP states that the levels of the site shall not be altered by more than 300mm, and that fill should not be brought onto the site. The floor levels are proposed to vary throughout the development (given the sloping nature of the site), with the highest floor levels (above natural ground level) being units 4 and 5. The western corner (bedroom 1) of unit 5 is approximately 1000mm above natural ground level. The purpose of this control is threefold: - • to restrict the potential for overlooking of adjoining properties • to ensure that the development is accessible • to ensure that courtyards are as close to natural ground level as possible to

maximise the amenity of the courtyard.


ITEM 8 (Continued) Although there is a non-compliance with the DCP, the impacts of this non-compliance are considered acceptable, as the purpose of the planning provision can be met. The units in question have rear boundary setbacks ranging from 4.5m to 7.4m, which is more than the DCP requires and which will ensure privacy is maintained to the dwellings to the south. These dwellings (17 and 19 Warner St) each have sheds in their rear yards which will also screen views to/from units 4 and 5. In order to ensure that there are no privacy impacts, a condition is proposed in the recommendation which requires the provision of lattice screens on top of the fence (see condition 4 & 5). It is essential that the ground level of the courtyard area is not altered. This is also indicated by conditions 4 & 5. The DCP also requires that a lockable garage be provided for all units. Unit 5 is proposed to have a locked carport, which therefore does not meet the requirements of the DCP. This is considered to be a fundamental requirement of the DCP and it is important that all villa units be provided with a lockable garage. It is proposed to rectify this via a condition of consent (see condition 3). The garage for this unit will have a setback of only 1m from the eastern boundary (4.5m is required under the DCP). However, in the interests of ensuring that all units have a lockable garage, no objections are raised to the garage setback. There are no structures (e.g. dwellings, swimming pools) on adjoining property immediately to the east which would be affected by this reduced setback. Natural Environment: The development is expected to have minimal impact on the natural environment. Although all of the existing trees on the site would be required to be removed if the development proceeds, none of these trees are significant or worthy of retention. A landscaping plan has been submitted which demonstrates that the site can be landscaped in such a way as to offset the effects of tree removal. Social and Economic Impacts: The development is not expected to have any adverse social and economic impacts. 4. Suitability of the site for the development. The subject land is not subject to any constraints (e.g. overland flow, bush fire risk, etc) which would render it as unsuitable for the proposed development.


ITEM 8 (Continued) 5. Public Submissions The original and amended proposals were both advertised in accordance with Council’s Notification DCP (including adjoining owner notification, placement of a notice in the local newspapers). 2 submissions were received in respect of the original plans, and 1 submission was received regarding the amended plans. The points raised in the submissions are discussed as follows: Villas 4 and 5 will be able to directly overlook the objector’s rear yard and living room. The amended plans will result in an increase in the floor level compared to the original plans, which will worsen the overlooking impacts. Comment: The amended plans actually result in a reduction in the floor level villas 4 and 5 (which face the objectors property to the south) by 100mm from RL 32.6 in the original plans to RL32.5. In the adjoining owner notification for the amended plans, it was incorrectly stated that there was an increase in the finished floor level of these units (it should have said decrease). The finished floor level of these units varies from approx. 500mm higher than natural ground level (NGL) on the eastern side, up to approx. 1000mm higher than NGL on the western side (due to the cross-fall of the land). Unit 4 has a setback of 4.5m to bedroom 1 (which only has a frosted window to the ensuite facing the objectors property), and 7.4m to the kitchen and living rooms. Unit 5 has a setback of 4.5m to bedroom 2, the laundry and the kitchen (all of which have windows), and 6.6m to the living room windows. The development with these heights of finished floor level above NGL and setbacks could therefore be expected to potentially have overlooking impacts on the objector’s property. However, it is noted that both of the properties immediately to the south have sheds located at the rear boundary, which would partly screen views from/to the proposed development. In these circumstances, and given the rear boundary setbacks which exceed the requirements of the DCP, it is considered that any potential overlooking could be adequately addressed by the provision of lattice screens on top of the fence, by landscaping to the rear of the units, and ensuring that the courtyards are at natural ground level. Conditions 4 & 5 are proposed to address these issues.


ITEM 8 (Continued) The estimated cost of development is under-estimated. It is suggested that the cost has been deliberately under-estimated to minimise DA fees etc. Such an under-estimation could lead to sub-standard finishes or an incomplete development. Comment: The estimated cost of the development has been quoted on the development application form at $600,000, and the proposed floor area is 612m2. Based on the Rawlinsons Building Cost Guide (2002), it is generally accepted that villas/townhouses etc cost approximately $1000 - $1150 per m2 to construct. The estimated cost of the development generally falls within these thresholds. The development will exacerbate flooding problems presently experienced, and stormwater drainage has not been adequately addressed. Comment: The applicant has formulated a drainage solution for the development which is satisfactory to Council’s Development Engineer, including an on-site detention system. The stormwater drainage from the hard-surface areas of the development (including roofs, driveways) will be conveyed to Council’s drainage system in Warner Street, via a drainage easement over the adjoining property to the south. The consent proposed to be issued for this development is a “deferred commencement” consent, which will not become operational until an interallotment drainage easement has been created, and the drainage system through private property has been approved by Council. The development does not preserve the existing trees on 12 Potts St Comment: An inspection of the subject property has indicated that although 12 Potts St does contain a number of trees, none of these are of such significance as to warrant retention within the proposed development. The landscaping plan submitted with the development application has indicated that the development can be embellished with appropriate plantings of trees, shrubs and ground covers. It is considered that this landscaping can suitably offset the removal of existing vegetation. 6. Submissions from Public Authorities and The Public Interest There are no matters that affect this proposal.


ITEM 8 (Continued) CONCLUSION: The proposal has been assessed using the heads of consideration listed in Section 79C of the Environmental Planning and Assessment Act 1979 and has been found to be satisfactory. The development is considered suitable for approval subject to conditions. It is recommended that a “deferred commencement” consent be issued, with the consent not being operational until an interallotment drainage easement has been created and the drainage system through private property has been approved by Council. These matters are addressed in the recommendation below. RECOMMENDATION:

(a) That Local Development Application No 381/2003 to erect an urban housing

development comprising 5 units at 12-14 Potts St, Ryde, be approved as a Deferred Commencement Consent pursuant to section 80(3) of the Environmental Planning and Assessment Act 1979.

This consent does not become operative until the matters referred to in Part 1 have been submitted to and approved by Council and Council has notified you in writing that the consent has become operative. Part 1 – Conditions Relating to a Deferred Commencement Consent pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 with the information to be provided within 6 months. 1. An interallotment drainage easement has been created and the drainage system

through the private property has been approved by Council in accordance with Council’s Development Control Plan No 41.

Part 2 – General Conditions of Consent The following requirements shall apply upon satisfactory completion of the requirements outlined in Part 1 of this consent (above).

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

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

2. Development is to be carried out in accordance with the Plans No. D1B, D2A

& D3A and support information submitted to Council, except where amended by conditions of consent.


ITEM 8 (Continued)

3. Unit 5 shall be provided with a lockable garage (instead of a carport as shown on the plans). The plans submitted with the Construction Certificate shall be suitably amended to comply with this requirement.

4. Landscaping of the development site is to be carried out in general

accordance with the landscape plan/concept submitted with the development application. (Plan No. L01/1-R6920 prepared by Michael Siu Landscape Architects), except as amended by the following conditions:-

i) Lattice screens are to be provided on top of the fence to the southern

boundary to maintain privacy to the properties to the south. ii) the finished ground level of the courtyard for units 4 & 5 must not

exceed the existing natural ground level.

5. Fencing is to be in accordance with Council's Fencing Development Control Plan and details of compliance are to be provided in the plans for the Construction Certificate. (see also condition 4 above)

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

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

A B Public Space $16578 Stormwater Drainage $3291 Administration $178 The total contribution is $20047

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Contribution Plan No. 1 (2001 Amendment) adopted by Ryde City Council on 9/10/01.

The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the Consumer Price Index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on an annual basis in accordance until such time as the contribution is paid.


ITEM 8 (Continued) 7. A security deposit is to be paid to Council (Public Facilities and Services

Group) being a deposit of $4000 as well as the infrastructure inspection fee in accordance with the requirements of Council’s Management Plan (scheduled fees).

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

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

9. Documentary evidence of payment of the Long Service Levy under Section

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

10. Documentary evidence of compliance with Conditions 6-9 to the satisfaction


11. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must

be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92. Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

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


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



ITEM 8 (Continued)

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

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

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

provisions of the Building Code of Australia.

14. An access audit as required by Section 4.6 of DCP 21A - Urban Housing indicating compliance with the “Access for People with Disabilities” provision of 4.6 shall be submitted prior to issue of the construction certificate.

15. Details of security lighting for internal driveways, visitor parking areas and the

site frontage shall be submitted for approval prior to issue of the construction certificate. The details shall include certification from an appropriately qualified person that there will be no offensive glare onto adjoining residents.

16. For the purpose of child safety and energy conservation all new or

replacement hot water systems shall include a mixing device/valve that will deliver hot water to a maximum 500 C at the outlet of all taps, shower roses and the like in bathrooms, ensuites and similar areas used for personal hygiene.

17. Any hot water systems installed as part of the development must achieve a

minimum 3.5 Star Greenhouse Score. The energy rating of the hot water system should be visible on the product at the place of purchase.

18. The ceiling/roof area and walls must be fitted with insulation. Ceiling/roof

insulation must be rated R3.0 or equivalent and wall insulation must have an R1.5 or equivalent rating. Insulation of brick cavity walls is not required.

19. For the purpose of water conservation the following shall be carried out in

accordance with the manufacturers specifications:


ITEM 8 (Continued)

(a) Water closets installed within the building are to have a maximum 6/3 litre dual flush cistern;

(b) Shower heads and taps are to be fitted with reduced water flow devices; and

(c) Shower heads, toilets and aerators on bathrooms and kitchen hand basins and sinks shall be at least AAA rated water efficient.

20. A Waste Management Plan, prepared in accordance with the requirements of

DCP 27 - Waste Minimisation & Management, shall be submitted to Council prior to issue of the Construction Certificate. Should you wish to vary the information provided in this plan you are required to give written advice to Council of any changes.

21. The building works are to be inspected during construction, by the Principal

Certifying Authority (or other suitably qualified person on behalf of the applicant) to monitor compliance with Council’s approval and the relevant standards of construction encompassing the following stages of construction: a) Foundations/footings b) Damp-proof course c) Steel reinforcement d) Retaining walls e) Wall/roof timbers f) Steel beams, columns or framing g) Installation of smoke detection and alarm systems h) Stormwater drainage i) Finalisation of works



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


ITEM 8 (Continued)


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

Principal Certifying Authority (and Council, if Council is not the PCA) that the method of Termite Protection has been provided in accordance with Part 3.1.3 of the Building Code of Australia and the requirements of the Australian Standard 3660.1.


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


Principal Certifying Authority (and Council, if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with Part 3.7.2 of the Building Code. Location details are to be submitted and approved by Council or an accredited certifier prior to the release of the Construction Certificate.

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

to be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council’s approval at the following stages:- a) Prior to construction of the first completed floor/floor slab showing the

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

b) On completion of the proposed building showing the area of the land,

completed building and the boundary setbacks

27. All excavated material must be removed from the site. No fill is to be placed above the natural ground level.


ITEM 8 (Continued)

28. The applicant is to submit to and have approved by Council or an accredited certifier engineers details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

29. Roofwater to be disposed of to the approved/existing stormwater drainage

system.

30. Perimeter of slabs to be provided with a drop-edge beam so as to provide face brickwork from the natural ground level.

31. All retaining walls where required by Council to be completed at the earliest


32. The building shall be constructed to comply with Part F5 of the Building Code

of Australia (Noise Transmission and Insulation).

33. The wall separating the dwelling to have an F.R.L. not less than 60/60/60 extending to the underside of the roof cladding.

34. Treads, risers and balustrades to comply with the Building Code of Australia

Part 3.9.1 and Part 3.9.2. Balustrading is to be a minimum 1.0 metres high and any openings are not to exceed 125mm.

35. All timber framing is to comply with Part 3.4.3 – Timber Framing of the

Building Code of Australia, 1996.

36. Sanitary facilities for people with disabilities shall be provided in accordance with Clause F2.4 Table F2.4 of the BCA and to the standards set out in AS 1428.1.

37. Access for disabled people shall be provided in the building or portion of the

building in accordance with Part D.3 of the BCA and to the standards set out in AS 1428.1.

38. Glass doors and fixed panels so located in relation to other parts of the

building as to be capable of being mistaken as a doorway of unimpeded path or travel shall be provided with a Grade “A” Safety Glazing in accordance with AS 2008, Safety Glazing Materials for use in buildings (Human Impact Consideration). All other glazing shall be installed in accordance with Table 1A Appendix “A” of AS 1288 Glass Installation Code.


ITEM 8 (Continued)

39. Panels and doors in paths of travel shall be provided with a midrail, motifs or other approved permanent means of making the panels clearly distinguishable. Safety glass installations that are not carrying permanent safety glass markings in accordance with AS 2208, Safety Glazing Materials for Use in Buildings, shall be either legibly labeled, or a certificate furnished to Council or an accredited certifier and in each case the following information shall be given:-

(i) Distributor’s or installer’s name. (ii) Details of the original panel from which the piece was cut The original sheet bore permanent “safety glass” markings in accordance with AS 22.08.

40. The doors to the sanitary compartments must be open outwards, slide or be

readily removable from the outside of the compartment unless there is clear space of at least 1.2m between the closest pan and the nearest part of the doorway (3.8.3.3 of the Building Code of Australia).

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

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


(a) During the entire construction phase a sign shall be fixed on site indicating the builder’s or a contact person’s name and contact phone number.

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

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

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


between the hours of 7.00am and 7.00pm Mondays to Fridays and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or Public Holidays.


ITEM 8 (Continued)

46. No spoil, stockpiles, building or demolition material is to be placed on any public road, footpath, park or Council owned land.


system. Engineering Conditions General

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


shall be altered at the applicant’s expense.

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

51. Engineering Compliance Certificates. Engineering Compliance

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

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

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

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

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


ITEM 8 (Continued)

All Engineering Compliance certificates are to contain the following declarations:

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




Engineering Conditions to be complied with Prior To Construction Certificate

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

A passing bay 5.5m wide is to be designed at the front boundary in accordance with Council's driveway code and AS2890.1.

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


ITEM 8 (Continued)

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

The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council.

54. On site stormwater detention Tank. All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 metres in depth must be fitted with step irons.



56. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan


The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control


slopes) (i) Location of stockpiles


ITEM 8 (Continued) (j) Means of diversion of uncontaminated upper catchment around


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

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

58. Temporary Footpath Crossing. A temporary footpath crossing must be

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

Engineering Conditions to be complied with Prior to Commencement of Construction

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

60. Compliance Certificate. A Compliance Certificate must be obtained

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

Engineering Conditions to be complied with Prior to Occupation Certificate

61. Compliance Certificates – Engineering. Compliance Certificates must be obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA:


ITEM 8 (Continued)

• Confirming that all vehicular footway and gutter (layback) crossings are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.



• Confirming that the constructed interallotment drainage system complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41"



62. Vehicle Footpath Crossings. Concrete footpath crossings shall be

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

63. Disused Gutter Crossing. All disused gutter and footpath crossings shall

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

64. Work-as-Executed Plan. A Work-as-Executed plan signed by a Registered



ITEM 8 (Continued)

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


constructed in accordance with plan 15/01/04 prepared by B.K.Batshon. Engineering Conditions to be complied with Prior to Subdivision Certificate

67. Existing Easements and Restrictions. The applicant must acknowledge all existing easements and restrictions of the use of land on the final plan of subdivision.

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

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

69. 88B Instrument. The submission of an instrument under Section 88B of the

Conveyancing Act 1919 plus 2 copies, creating any Easements Positive Covenants and restrictions on use, the Ryde City being the authority empowered to release vary or modify the same.

70. Film Plan of Subdivision. The submission of a Film Plan of Subdivision

plus 5 copies suitable for endorsement by the Chief Executive pursuant to Section 327 of the Local Government Act.

71. Certification Documents. The submission of all certification as required

under Local Development Consent 381/03 prior to the release of the Subdivision Certificate.


ITEM 8 (Continued) General Conditions Relating to Strata Subdivision

72. Certification Documents. The submission of all certification as required under this consent prior to the release of the Subdivision Certificate.

73. Certification of Building Works. If Council is not the PCA then certification

that all building works as detailed in this Consent have been completed in accordance with that consent is to be submitted with the application for the Subdivision Certificate.

74. 88B Instrument. The submission of an instrument under Section 88B of the

Conveyancing Act 1919 plus 2 copies, creating any Easements Positive Covenants and restrictions on use, the Ryde City being the authority empowered to release vary or modify the same.

75. The payment of the appropriate fee for the approval of the final plan under

the terms of Division 4 of Part II of the Strata Titles Act. ADVISORY CONDITIONS 1. Compliance with Building Code of Australia











ITEM 8 (Continued)

b) in the case of work to be done by any other person: i) has been informed in writing of the person's name and

owner-builder permit number; or ii) has been given a declaration, signed by the owner of the













ITEM 8 (Continued)

1) If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of and, the person causing the excavation to be made: a) must preserve and protect the building from damage, and b) if necessary, must underpin and support the building in an approved

manner, and c) must, at least 7 days before excavating below the level of the base of the

footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.






2) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

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

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








ITEM 8 (Continued) 8. The applicant may apply to the Council or an accredited certifier for the issuing of




is: 1a 10. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building & Renovating under the heading Building & Development, or telephone 13 20 92. The consent authority or a private accredited certifier must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

11. Energy Australia






ITEM 8 (Continued) 13. Australia Post


(b) That those persons who made submissions be advised of Council’s decision. Liz Coad Manager Environmental Assessment

Chris YoungTeam Leader Environmental Assessment



City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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COPYRIGHT


ALL RIGHTS RESERVED


Date: 20/04/2004



ITEM 8 (Continued)


ITEM 9 68 BLAXLAND ROAD, RYDE. LOT: 17 DP: 9692. Section 96 Application to extend hours of operation of the Royal Hotel to 3:30 am Mondays to Saturdays, 12:00 midnight on Sundays. Section 96 Application No. 3707.2/1988. Applicant: Las Legal.

INTERVIEW 6.10PM

Manager Environmental Assessment Reports: 19 April 2004 FILE NO: P85.68-07

EXECUTIVE SUMMARY

This report considers an application under Section 96 of the Environmental Planning & Assessment Act, 1979 to extend the trading hours of part of the Royal Hotel to between 5am to 3.30am (the following day) Mondays to Saturdays, and between 10.00am to 12.00(midnight) on Sundays. The current Council approved opening hours are 10.00am to 12 midnight Monday to Saturdays, and 10.00 am to 8 pm on Sundays. (The NSW Liquor Licensing Court has indicated that the hotel has ‘standard’ hotel hours of operation:- 5.00am to 12.00 midnight, Mondays to Saturdays and 10.00am to 10.00pm Sundays.) The area of the hotel which is subject to the extended hours is restricted to the gaming room & lounge bar on the north-western side of the Hotel facing Blaxland Road. Council has received 3 previous applications to extend the hours of operation of the Hotel, the most recent in 1999 (Section 96 Application No. 1582/99). This application was refused on 8 February 2000. The proposal was notified in the local press and letters sent to residents and owners within a 200m radius of the hotel. A petition containing 65 signatures and 83 individual submissions were received objecting to the development. Although other hotels in the City of Ryde currently operate with extended hours of operation, it is considered that the location of the Royal Hotel, adjoining and adjacent to a high density residential area make it unsuitable for the trading hours applied for and the application should be refused. Reason for Referral to Development Committee: The nature of the application and submissions received.


ITEM 9 (Continued) SITE: (Refer to attached map.) Address : 68 Blaxland Road, Ryde Site Area : 858m2 Frontage : 28.14m Blaxland Road/30.48m Edward Street

Depth : 30.48m Topography and

Vegetation : The site is situated on the southern side of Blaxland Road at the intersection of Edward Street. The land slopes slightly from the rear western corner of the property towards the Blaxland Road/Edward Street corner. There is no signification vegetation on site due to the ‘built up’ nature of the property.

Existing Buildings : 2 storey Hotel building with a narrow driveway and single

car garage to the rear. PLANNING CONTROLS: Zoning : Business General Other : Ryde Planning Scheme Ordinance : Draft LEP 123 –Top Ryde Urban Village PROPOSED MODIFICATIONS: The proposal involves the modification of condition No. 7 of DA No. 3707/1988 issued on 15 June 1988 which required that:- 7. The hours of operation being restricted to between the hours of 10.00 a.m. to 12

midnight Monday to Saturday and 10.00 a.m. to 8.00 p.m. Sunday. The current application seeks approval to extend the trading hours of the gaming room and lounge bar on the northwestern side of the hotel until 3.30am (Mondays to Saturdays) and until 12 midnight on Sundays. The current hours of operation as approved by Development Consent No. 3707 of 1998 (and reaffirmed under Development Consent No.964/1999) are 10.00am to 12 midnight Monday to Saturdays, and 10.00 am to 8 pm on Sundays. The NSW Liquor Licensing Court has indicated that the hotel has ‘standard’ hotel hours of operation which comprises 5 am to 12.00 midnight, Mondays to Saturdays and 10.00am to 10.00 pm Sundays.


ITEM 9 (Continued) HISTORY: The Royal Hotel is a local landmark in the Top Ryde Shopping Area and is the only hotel in the locality. Constructed early last century the hotel has undergone a number of minor refurbishments, the more recent being:- • Development Consent No. 964/1999, to refurbish the ground floor level of the

existing Royal hotel approved on 25 November 1999. • Development Consent No. 1144/2001 to replace and extend windows to ground

floor of hotel, approved on 22 February 2002. • Local Development Consent No. 411/2002 for alterations and additions to the

hotel, approved on 1 April 2003. • Section 96 No. 411.2/2002 to effect ‘Internal alterations to kitchen, dining room &

toilets of the Royal Hotel & extend wall on southern boundary’ approved on 26 February 2004.

In 1982 the NSW Liquor Licensing Court approved an application to extend the hours of operation of the hotel to 10.00am to 12 midnight Monday to Saturday and 10.00 am to 8.00pm Sundays. Council has subsequently received three applications to extend the hours of operation of the hotel. Development Application No. 424/94 sought to extend the hours of operation of the hotel from 10.00am to 3.00am Monday to Saturday, and 12.00 noon to 10.00pm Sundays. This application was refused on 30 September 1994 for the following reasons: 1. The proposed hours of operation are considered to adversely affect the amenity

of the locality; 2. The proposal is not considered to be compatible with the residential character of

the locality. The second proposal, Development Application No. 433/95 sought to extend the hours of operation of the hotel from 5.00am to 3.00am (following day) Monday to Saturday, and 10.00 am to 12.00 midnight on Sundays. This application was refused on 5 October 1995 for the following reasons: 1. The proposed hours of operation are out of character with the existing mixed

commercial residential nature of the area given that the subject property is located on the edge of a commercial zone with residential land adjoining and opposite;

2. The proposed hours of operation are considered to adversely affect the existing and likely future amenity of the locality.


ITEM 9 (Continued) An appeal was lodged with the Land & Environment Court of NSW to Councils refusal of the application. This appeal was subsequently discontinued by the applicant prior to the hearing. The third proposal to extend the hours of operation of the Hotel was lodged under Section 96 of the Environmental Planning & Assessment Act, 1979, to vary DA No.3707 for modification of existing hours of operation from 6.00am to 3.00am daily. This application was refused on 8 February 2000 for the following reasons: 1. The proposed hours of operation would adversely affect the amenity of the

surrounding residential area. 2. The proposed extension of hours is not compatible with the residential character

of the locality. REFERRALS: Senior Environmental Health Officer, 11 February 2004: Council's officer made the following comments:- ‘The applicant advises that there are a number of licensed premises in the region that have similar or longer hours of operation (including Gladesville Hotel, West Ryde hotel, Bayview Hotel, Ryde Ex-Servicemen’s Club and Ryde Bowling Club). The applicant also describes his hotel as a ‘local’ rather than a ‘destination’ hotel. The following issues are raised as potentially negative impacts of the extend hours: 1. Noise generated from patrons entering and departing the hotel. 2. Patrons of the hotel loitering within the area of the hotel 3. Patrons of the hotel engaging in anti-social behavior, such as public intoxication,

vandalism, littering and trespassing onto nearby property. 4. Mechanical plant associated with operating the hotel will require additional noise

control measures. The applicant states that these issues can be prevented through responsible management practices, including a plan of management. As a possible suggestion to ensure appropriate behaviour of patrons, it is recommended that no additional patrons be admitted into the hotel after say 2.00 a.m., and only the patrons on the premises at that time be served. This will ensure that the hotel does not attract patrons who have left other venues. Also, when the hotel closes, it is recommended that a security person is positioned at the exit to ensure patrons leave the premises and the vicinity in an appropriate and timely manner.


ITEM 9 (Continued) The acoustic report submitted with the application states that the existing plant on the premises would require additional attenuation to be applied to the mechanical plant to ensures that it complies with noise criteria for the proposed extended hours of operation. Council has received few complaints regarding noise from the premises under its present operating hours, and any extension of opening hours would have to assure a continuation of this good practice. Overall, Environmental Health has no objection to the proposed extension of the operating hours of the hotel, as long as the management of the premises implement all reasonable measures to ensure that no nuisance is caused to neighbouring premises. However there is always a potential for a noise nuisance to be created which may affect the neighbouring residences despite the best efforts of the Hotel’s staff and management.’ Traffic Engineer, 20 April 2004: Council’s Traffic Engineers comments were informally sought with the Engineer stating that some traffic increases will occur especially late at night when patrons are looking for carspaces. Noise from people leaving the hotel and especially vehicles entering and leaving Edward & Gowrie Streets may also result in noise nuisance. It was also noted that parking in Edward Street is already limited at present due to resident parking, and extend hours would only increase competition for the limited spaces available. OFFICER’S ASSESSMENT: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Infrastructure, Planning and Natural Resources' Guide to Section 79C – Potential Matters for Consideration. Assessment: Environmental Planning and Assessment Act, 1979. Section 96 – Modification of Consents In accordance with Section 96(2), Council may consider a modification of development consent provided: 1. The proposed development is substantially the same as the approved.


ITEM 9 (Continued) 2. The application for modification has been notified in accordance with the

regulations; and 3. Council has considered any submissions regarding the proposed modification In relation to the above: 1. Proposed development being substantially the same as that approved. It might be argued that the nature of the development has changed as the hotel, by proposing to operate on a near 24 hr basis, is becoming a different venue from the Hotel as originally approved and constructed. This change however has occurred incrementally and the current hours of operation have been approved by the NSW Licensing Court although Council has consistently refused to approve applications for late night trading at the premises. 2. Notification of the application for modification in accordance with the

regulations. The proposal was advertised and notified in accordance with Council's Development Control Plan for Notification. The application was advertised in the press on 17 December 20034. Notification of the proposal was for a period of 42 days from 17 December 2003 to 27 January 2004. During this time Council received 83 submissions and a petition with 65 signatures. 3. Consideration by Council of any submissions regarding the proposed

modification. The petition containing 65 signatories was received and 83 individual submissions (individually written and ‘pro-forma’ letters), raised a number of related matters which could be grouped into the following general issues:- 1. Increased noise from patrons late at night & closing time; 2. Increased noise from vehicles late at night and closing time; 3. Increased noise from hotel operations; 4. Anti-social behaviour and personal safety issues; 5. Social impacts from increased drinking & gambling; 6. Increased traffic and parking problems. In relation to these issues, the following comments are made:- 1. Increased noise from patrons late at night & closing time. Comment:

Residents have expressed concern at noise created by patrons with the existing hours of operation.


ITEM 9 (Continued) There is no reason to doubt that this nuisance will also occur with the extended hours (although it is noted that the area proposed for the extended hours is restricted to the lounge bar and gaming room). If the modification is commercially successful, further application to enlarge the trading area could be expected. Whilst the hotel staff may be able to ensure that patrons leave the premises in an quiet & orderly fashion, once they have left the site little further control can be exercised over their behaviour.

2. Increased noise from vehicles late at night and closing time. Comment: The

slamming of car doors, starting & revving of engines and spinning of tyres is typical of noise impacts which will wake residents in the locality of the Hotel. Edward and Gowrie Streets would appear to be the most affected streets however there are also residential flat buildings along Blaxland Road which may be affected by this noise nuisance.

3. Increased noise from hotel operations. Comment: This issue has been

addressed in the applicant's Statement of Environmental Effects, and could be minimised by proper management practices.

4. Anti-social behaviour and personal safety issues. Comment: Despite the best

intentions of the Hotel management with ‘Responsible Service of Alcohol’ and ‘Harm Minimisation’ policies, the opportunities for anti-social behaviour would be increased with the extended hours of operation and the consumption of even moderate quantities of alcohol over extended periods. Many residents claimed that they did not feel safe walking the streets near the hotel.

5. Social impacts from increased drinking & gambling. Comment: Whilst drinking

and gambling is viewed in mainstream society as socially acceptable, ‘problem’ drinking and gambling are not acceptable and are viewed as serious social problems, often the cause of associated social problems such as Domestic Violence, property crimes and poverty. Many of the residents have expressed the view that the current hours of operation of the hotel are more than adequate for drinking & gambling opportunities in the locality.

6. Increased traffic and parking problems. Comment: Parking in parts of Blaxland

Road, Edward and Gowrie Streets will increase, and if these streets are ‘parked out’, patrons of the hotel would still enter these streets competing with residents for the limited car spaces available.


ITEM 9 (Continued) Section 96(3) requires Council to consider relevant matters referred to in Section 79C(1) in assessing and application for modification of development consent. b) Likely impacts of the development on both the natural and built

environments and social and economic impacts in the locality. The subject site is located on the northwestern intersection of Blaxland Road and Edward Street. The properties to the west along Blaxland Road and opposite are zoned 3(a) Business General and consist of uses such as offices, cafes & other commercial premises. Residential zoned land is located at the rear of the site and along most of both sides of Edward Street. Despite the residential zoning, there is a two storey building located on the corner of Edward Street and Blaxland Road that is currently used as a shop and a pizza takeaway outlet. Other properties in Edward Street are essentially residential, mostly being two to three storey residential flat buildings. The residential area in Edward Street and to the west is relatively densely populated with the Residential 2(c5) zoning having one of the highest residential densities permitted in the City of Ryde. The extension of hours of trading by the hotel for an additional 23 hours per week will mean the hotel will be able to trade for 154 hours per week out of a maximum possible 168 hrs (if 24hr trading was permitted 7 days). The hotel would have the potential of being closed for only 14 hours of the entire week (or closed for only 1.5 hrs each day Mondays to Saturdays and closed for only 5 hrs on Sunday night/ Monday morning). These long trading hours are likely to exacerbate the existing impact on living amenity of the adjoining residential area. This has been demonstrated in the number of submissions received. The amenity impacts are: increased noise, loud and rowdy behaviour, vandalism, adverse impact on sleep, litter in the streets and parking problems in Edward Street. Despite the efforts of the responsible serving of alcohol, if the hotel is open for longer hours, the likelihood of intoxicated patrons leaving the hotel in the direction of the residential areas would be increased, and occur at a later hour. As previously mentioned, although the applicant may intend to use staff to monitor patrons leaving the premises, staff will not be legally able to control any rowdy or noisy behaviour in the street, and especially in the high density residential areas along Edward & Gowrie Streets.


ITEM 9 (Continued) As Edward Street is also a ‘one-way’ street, hotel patrons must also drive further into the residential area along Gowrie Street, Little Church and/or William Streets before they can rejoin arterial roads and leave the area. The extension of hours would also lead to an increase in parking demand in the residential areas. The later closing times are likely to encourage a greater use of private cars as public transport and availability of taxis is poor and infrequent compared to the period before midnight. This results in the potential for loitering in streets, noise, vandalism and anti-social behaviour to be increased, which would have adverse impacts on residential amenity. As the development is likely to have an adverse impact on the surrounding residential area, the application for extended hours is not supported. c) The suitability of the site for the development. Given that the site is located adjacent to a high density residential area, the existing hotel, as demonstrated in the submissions, is currently affecting the amenity of the area, the site is not considered to be suitable for the extension of hours as proposed by the applicant. The public interest As demonstrated by the number of objections, the issues raised in the submissions, and number of signatures on the petition, the extension of hours is not considered to be in the public interest. 2 Other matters for consideration pursuant to Section 79C EPAA 1997: a) Environmental Planning Instruments

Ryde Planning Scheme Ordinance (RPSO)

The use of the subject premises as a hotel is permissible in the General Business 3(a) zone pursuant to the Ryde Planning Scheme Ordinance. The Planning Scheme Ordinance does not contain any controls that are applicable to the development, (although a draft Local Environmental Plan will include objectives for the Top Ryde Urban Village once gazetted). There are no changes to the mandatory requirements which are affected by this application.


ITEM 9 (Continued) b) Relevant Development Control Plan/Council Code against which

development has been assessed There are no specific Development Control Plans which specifically relate to the current application. c) Draft Environmental Planning Instruments. Draft Local Environmental Plan No. 123 – Top Ryde Urban Village. A draft Local Environmental Plan is currently under exhibition for the Top Ryde Shopping Area, which, (amongst other things) will seek to amend the Ryde Planning Scheme Ordinance to include the following objectives for development in the area, these are:- i) To create a safe and attractive environment for pedestrians; ii) To create a mixed use precinct with emphasis on uses that promote

pedestrian activity and safety at ground level; iii) To create a precinct that contains opportunities and facilities for living, working,

commerce, leisure, culture, community services, education and spiritual nurture;

iv) To increase the number of people living within walking distance of high frequency public transport services;

v) To increase the use of public transport. It is considered that the extended hours as proposed are not consistent with these objectives, with the exception of (v), as the increased noise and occurrence of anti-social behaviour is not conducive to an increased resident population and safe environment for pedestrians. d) Submissions from Public Authorities and the Public Interest: NSW Police Service, 1 April 2004: The Gladesville Local Area Command, Crime Prevention Officer has reviewed the proposal and undertaken a search of any history of crime associated with the premises. The CPO has recommended that no objection would be raised to the proposed extension of hours. Conclusion: The Section 96 modification to extend the hours of operation of the Royal Hotel is not considered to be in the best interest of the local community due to the impacts this will have on the existing and future residential amenity of the area. It is considered that the application be refused.


ITEM 9 (Continued) RECOMMENDATION: (a) That the application under Section 96 of the Environmental Planning &

Assessment Act, 1979 to modify Development Application No. 3707/1988 at 68 Blaxland Road, Ryde, being LOT: 17 DP: 9692 be refused for the following reasons:-

1. The proposed hours of operation are out of character with the existing mixed

commercial residential nature of the area given that the subject property is located on the edge of a commercial zone with high population densities on land adjoining and opposite the premises (particularly in Edward & Gowrie Streets);

2. The proposed hours of operation are considered to adversely affect the existing and likely future amenity of the locality;

3. The proposed hours of operation are inconsistent with the objectives of Draft Local Environmental Plan No. 123 – Top Ryde Urban Village;

4. The proposed hours of operation are not in the public interest. (b) That the persons who made submissions be advised of the decision.

Liz Coad Peter Walker Manager Environmental Assessment Snr Environmental Assessment Officer


ITEM 9 (Continued) Indicates submissions received. Other submissions received

outside map area.

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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Date: 22/04/2004



ITEM 9 (Continued)


ITEM 10 10-12 JONES STREET, RYDE. LOT: E DP: 36479. Local Development Application for demolition & construction of 2x2 & 3x3 bedroom villas. LDA 1218/2003. Applicant: Spinal Cord Injuries Aust. Ltd.

INTERVIEW 6.15PM


EXECUTIVE SUMMARY

This report considers a proposal to erect five urban housing units. The application does not comply with the numeric requirements of the Ryde Planning Scheme Ordinance and the Urban Housing Development Control Plan for site coverage, the setback to the northeastern boundary, the courtyard for unit 2 and the front setback. The variations to these requirements are minor and do not result in any negative impacts. Several of the non-compliances enable retention of four large brush box trees at the rear of the southwestern side boundary. During the notification period Council received 1 submission. The application is recommended for approval subject to conditions of consent. Reason for Referral to Development Committee: Nature of the development and variations with controls. SITE: (Refer to attached map.) Address : 10-12 Jones Street, Ryde Site Area : 1688.5m2

Frontage 39.5 metres to Jones Street Depth 49.28 metres along the southern boundary

and 47.725 metres along the northern boundary.

Topography and Vegetation : The site is relatively flat with a gentle slope from the rear

of the site to Jones Street. There are four large Brushboxes at the rear of the site.


ITEM 10 (Continued) Existing Buildings : The site is currently occupied by a single storey aged

persons' housing complex that contains 13 small dwellings, which was constructed circa 1950 by the Department of Housing. This complex is vacant and run down.

PLANNING CONTROLS: Zoning : Residential 'A'. Other : Ryde Planning Scheme Ordinance. Urban Housing Development Control Plan. DEVELOPMENT PROPOSAL SUMMARY: • Five units in total.

3 x 3 bedroom units 2 x 2 bedroom units.

• Provision of 12 car parking spaces; • Strata subdivision. PROPOSAL: Consent is sought to demolish the buildings on site and erect five villa units. Three of the villas will contain three bedrooms and the two of the villas will contain two bedrooms. All of the villas will provide two car parking spaces. The driveway is located centrally along the site’s Jones Street alignment. Consent is also sought to strata subdivide the development. HISTORY: Following a preliminary assessment of the application, a letter was sent to the applicant advising that it would be necessary to undertake amendments to ensure that the development complies with the Urban Housing DCP. The issues raised included the following: 1. The four large Brushboxes located at the rear of the site along the south western

boundary are required to be retained as they provide amenity not only to the site but also the adjacent Park. The development should be redesigned to provide a setback of 5 metres from the trunk of the tree.

2. The development fails to comply with the front setback provisions as the bay

window of unit 5 and the front porches of units 1 and 5 are less than the minimum 6.5 metres setback.


ITEM 10 (Continued) 3. The development exceeded the site coverage requirements resulting in 41.5%

rather than the maximum 40%. 4. The plans should show details of the front fence and of the front yard lighting. 5. The OSD cross section is to be amended to show the correct outlet control and

sediment collection sump in accordance with Council’s Stormwater DCP No 41. A on site meeting was held between Council’s Landscape Architect and the applicant’s Arborist. At this meeting it was agreed that the minimum setback from the trunk of the tree could be 4 metres. Amended plans were submitted on 11 March 2004. This report addresses the amended plans. REFERRALS: Development Engineer: No objection subject to appropriate conditions of consent. Landscape Architect: The site contains a row of four Brushbox (Lophostemon confertus), which were the subject of an onsite meeting on the 10th March, 2004 between myself, assessment officer, Sandra Hicks and the applicant’s consultant arborist Mark Hartley. It was agreed that a larger setback was required if the trees were to form a meaningful part of the development. Although a larger setback, in the order of 5m, would have been preferable it was finally agreed that if a setback of 4m could be achieved, then this would be regarded as satisfactory. As this is an absolute minimum, anything less than 4m would not be looked upon favourably The applicant has now furnished a site plan demonstrating a 4m setback, and although architecturally the plans do not take full advantage of the amenity offered by the trees, the setback is considered satisfactory so long as standard arboricultural management conditions are attached. (See conditions 4 to 13). Environmental Health: No objection subject to appropriate conditions of consent. OFFICER’S ASSESSMENT: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Infrastructure, Planning and Natural Resources' Guide to Section 79C – Potential Matters for Consideration.


ITEM 10 (Continued) 1. Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance.

(i) Zoning

The subject site is zoned Residential 2(a) under the provisions of the Ryde Planning Scheme Ordinance. The proposed development is permissible with the consent of Council. (ii) Mandatory Requirements

Clause 56A of the Ryde Planning Scheme Ordinance contains various numerical requirements for villa style developments. The table below shows how the proposal complies with these requirements.

Ryde Planning Scheme Ordinance Requirement

Proposal

Compliance

Density 1 dwelling per 300m2 1688.5m2 per 5 units =

337.7m2 per dwelling Yes

Landscaping 120m2 per dwelling 703m2 or 140.6m2 per

dwelling. Yes

Height Single storey 4 metres

Single storey 3 metres

Yes Yes

Car Parking 1 car space per 1 or 2 bedroom villa, 1.6 spaces per 3-4 bedroom villa. 1 visitor parking space per 4 villas.

Total of 7 resident spaces and 1 visitor parking space.

Yes

(b) Relevant SEPPs. There are no State Environmental Planning Policies (SEPPs) relevant to the current proposal. (c) Relevant REPs. There are no Regional Environmental Plans (REPS) relevant to the current proposal.


ITEM 10 (Continued) (d) Any draft LEPs. The objectives of Ryde Local Environmental Plan 129 is to amend certain provisions of Council’s Planning Scheme so that it is consistent with the new Development Control Plan for Urban Housing (DCP 29A). This draft planning instrument is currently under consideration with the NSW Government. The statutory provisions of the Ryde Planning Scheme Ordinance are valid until the gazettal of the new instrument. The draft planning instrument intends to amend controls in respect of density and height as well as introducing linear separation into a LEP rather than a DCP. The development complies with the new requirements. (e) Any DCP (e.g. dwelling house, villa) Urban Housing Development Control Plan 21A


Proposal

Compliance



Road frontage – min 20metres 1688.5m2 39.5 metres

Yes Yes

Linear Separation1 Subject site and other Urban Housing, villas and duplexes are twice the frontage of site from nearest similar developments.


Yes

Density and site coverage2 The density control is 1x2 bedroom dwelling per 300m2 and 1 x 3 bedroom dwelling per 330m2 of site area (subject to Ryde LEP 129 gazettal). Minimum area of 1590m2. Site coverage not to exceed 40%. Permeable area not to be less than 35% or 590.98m2.

1688.5m2

41.5% 703m2

Yes No Yes


ITEM 10 (Continued)


Proposal

Compliance

Private outdoor space (courtyards)3

Minimum 35m2 with such areas having a minimum dimension of 4 metres.

Unit 1 – 59.75m2 Unit 2 – 27m2

Unit 3 – 69.6m2

Unit 4 – 70m2

Unit 5 – 36m2

Yes No Yes Yes Yes

Type and number of dwellings In developments with 4 or more dwellings, not more than 50% of dwellings should have the same number of bedrooms. Maximum 12 units

60% are 3 bedroom and 40% are 2 bedroom. Total of 5 units.

No –proposal has still provided variation in respect of the number of bedrooms Yes


The site is relatively flat with a slope of 1 in 100 or 1%.

Yes


The development complies with this requirement.

Yes

Setbacks Front4 – 7.5 metres as streetscape is likely to change. Variation of 1 metre for no more than 50% of elevation. Setback should be 7.5 metres or 6.5 metres for 50% of the elevation.

6.25 metres and 7.5 metres

No


ITEM 10 (Continued)


Proposal

Compliance

Side and rear5

4.5 metres (3 metres allowed for no more than 50% of length of unit wall).

Northeastern elevation – 3 metres to 6.2 metres. (90% of unit 2 is less than 4.5 metres). Southwestern elevation – 3.5 metres to 6 metres. (9% less than 4.5 metres). Northwestern elevation – 3 metres to 6.3 metres (50% at 3 metres).

No Yes Yes


Single storey 3 metres (at highest point)

Yes Yes

Car parking 1 parking space for each 2 bedroom unit. 2 parking spaces for each 3 bedroom unit. 1 visitor parking space for every 2 dwellings. Total 10 spaces.

2 spaces per unit. 2 visitor parking.

Yes Yes

1. Linear Separation The site is adjacent to a 2 storey aged persons housing at 14-18 Jones Street constructed by the Department Of Housing. This development does not fall within the definition of urban house, duplex or villa. This development would have been approved under the provisions of SEPP No 5 and is exempt from the linear separation provisions. The linear separation provisions only apply to other urban housing, villa homes or duplex building developments. 2. Site Coverage The development exceeds the maximum site coverage requirement by 1.5%. The development complies with all other requirements of the DCP in respect to landscaped area, permeable area and courtyards as well as complying with the new density requirement as specified in draft LEP 129. There is a minor variation to the side setback of one of the urban houses, which occurs due to the retention of the brush box trees at the rear of the site. The variation is minimal and will not result in any adverse impacts. In these circumstances, no objection is raised to the variation.


ITEM 10 (Continued) 3. Courtyards The minimum private open space requirement for a 3 bedroom dwelling is 35m2 with the courtyard having the minimum width of 4 metres. The actual size of the courtyard for unit 3 is approximately 86.9m2, however the area of the courtyard that has a minimum dimension of 4 metres is 27.2m2. This variation has occurred due to the need to retain the 4 Brushbox trees. The variation is numerically small and the size of the courtyard is functional and will relate to the activity areas of the dwelling. The size of the courtyard is considered consistent with the objectives of the requirement and accordingly, no objection is raised to the variation. 4. Front Setback The non-compliance is due to the porch on both units 1 and 5. These porches have a minimum setback of 6.25 metres and result in the rest of the front elevation of these units being setback 6.5 metres. The porches are open and provide articulation to the building form. The streetscape will not be affected by this proposal, as there are other variations to the setback requirement visible in the street. 5. Side setback to the northeastern boundary The Urban Housing DCP requires that the walls of all buildings must not be less than 4.5 metres from the boundary. To promote variation and interest in the design, Council may allow up to 50% of the wall of any unit to be not less than 3 metres from the side and rear boundary. The development fails to comply with this requirement along the northeastern elevation of unit 2. 90% of this wall of the unit is less than 4.5 metres from the boundary. The variation is a direct response to the need to retain the 4 brush box trees on the southwestern boundary. Although the development exceeds the requirement, there is still adequate area to provide a functional and useable courtyard for the unit. The reduced setback will not result in any loss of amenity to the adjoining properties. The northeastern elevation of the unit has provided articulation with varied setbacks, which adds to the interest in the design. The variation is justified in this instance. Development Control Plan no 27 – Waste Minimisation and Management The existing structures on the site will be demolished as part of this application. The applicant has provided adequate information in respect of this DCP in terms of a waste management plan. Appropriate conditions have been included in the recommendation.


ITEM 10 (Continued) Development Control Plan No 37 – Access for People with Disabilities Council’s DCP requires Class 1a buildings to have an accessible path of travel from the street to and through the front door, where the level of land permits. The development provides a continuous path of travel to all five of the dwellings. Development Control Plan No 45 – Energy Smart, Water Wise Appropriate conditions will be imposed regarding roof and wall insulation, energy efficient devices and appliances to ensure that the design principles of the DCP are achieved. (See conditions 23 to 26). Section 94 Contributions Plan No 1 (amended 2001) A contribution for the services in Column A and for the amount in Column B is required by the plan to be made to Council prior to the issue of the construction Certificate.

A B Public Space $36 180 (@$7 236 per dwelling) Stormwater drainage $7 190 (@$1 438 per dwelling) Administration $385 (@$77 per dwelling) Total contribution required $43 755

2 Likely impacts of the Development The development will retain four large Brushboxes at the rear of the site. These trees provide visual amenity to the development site as well as the adjoining park. Unit 3 and 4 will be setback a minimum of 4 metres from the trees. This will ensure that the building will be constructed outside of the canopy of the trees. The external finishes to be used in the construction of the building include: • Face brickwork and bagged and painted walls; • Powdercoated finished aluminum windows; and • A concrete tile pitched roof.


ITEM 10 (Continued) The development will improve the appearance of the site from the streetscape. The current buildings are run down and no maintenance has occurred on the site. The scale of the development will be compatible with adjoining properties and the development will be located within a landscaped setting. The proposed development will not result in a material increase in overshadowing to the adjoining properties. This is due to the development being single storey and the providing adequate setbacks. The privacy of the adjoining properties will be maintained due to the provision of a 1.8 metre high boundary fence. 4 Suitability of the site for the development The site is not classified as a heritage item or is subject to any natural constraints such as flooding or subsidence. The proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environment. 5 Any submissions received The proposal was advertised and notified in accordance with Council’s Development Control Plan for Notification. The application was advertised in the press on 17 December 2003. Notification of the proposal was for a period of 30 days between 17 December 2003 and 22 January 2004. During this period of time, Council received 1 submission. The amended plans were required to be renotified. This occurred between the period of 22 March 2004 to 5 April 2004. During the second notification period, Council received no further submissions. The issues raised in the submission included the following: • The rear fence at 31 Greene Avenue is a new colourbond fence. Do not want this

to be replaced with a timber fence. A condition of consent will be imposed to require the colourbond fence to be retained at the rear of 31 Greene Avenue. (See Condition No 22).


ITEM 10 (Continued) • The location of the pergola near the rear fence could be a potential nuisance to

both sides of the fence. The submission did not expand on how the pergola could be a potential nuisance. It is assumed that the concern raised is in respect of the pergola being used for outdoor living and any resulting noise. The pergola structure is set back 2.5 metres from the rear boundary. This is an open structure that will not add to the bulk of the building. In terms of noise, the adjoining rear dwelling is set back 21 metres from the rear boundary. The development is not expected to result in an adverse impact in terms of noise on the amenity of the adjoining properties. • Existing trees on both sides of the fence should be addressed so that children at

31 Greene Avenue cause no nuisance to the new occupants. It is not clear from the submission as to what this statement means. The proposed development will not affect any trees on the adjoining property. It is not the applicant’s responsibility to address trees on the adjoining site. • Setback of buildings from rear fence. The development complies with the setback requirements as specified within the Urban Housing DCP. The setback has been varied to add interest to the design. CONCLUSION: The proposed development represents an opportunity to replace the existing run-down 1950’s units with a newer development that is consistent with the objectives and aims of the Urban Housing Development Control Plan. Although there are a few minor non-compliances with the numeric controls, these can be fully justified with minimal impacts to adjoining properties. These non-compliances have occurred due to the retention of 4 brush box trees along the rear of the southwestern elevation. The retention of these trees will not only provide amenity to the development, but also to the adjoining Park. RECOMMENDATION: (a) That Local Development Application No. 1218/2003 at 10-12 Jones Street, Ryde, being LOT: E DP: 36479 be approved subject to the following conditions; 1. Development is to be carried out in accordance with the Plans No. 1/1 drawn by A

and N Design Issue C dated 11/4/04 and support information submitted to Council.


of the Building Code of Australia.


ITEM 10 (Continued) 3. The landscaping on the site is to be completed, and must be maintained in

accordance with Plan No 0395, issue B, dated 18/11/03, drawn by Jocelyn Ramsay and Assoc Pty Ltd, unless amended by any of the following conditions.

4. The four Brushboxes located along the rear of the southwestern boundary are to

be retained on the site. 5. Prior to the demolition of the existing buildings, protective fencing is to be installed

around those trees/shrubs that are to be retained as per the approved landscaping plan. The protective fencing is to be placed around the trees/shrubs at a distance equivalent to the canopy of the tree/shrub. The protective fencing is to be 1.87 metre cyclone chain mesh fence, picket or plywood hoarding fences to 1.8 metre and strained and posted at 3 metre intervals. The fencing is only to be removed once construction has been completed.

6. No excavation is to occur within the area between the protective fencing and the

trees. 7. Removal of existing structures (demolition), plants and unwanted material within

tree protection zones must be undertaken by hand. No machinery is to be used within these areas unless approved by Council.

8. Tree Protection Zones, unless covering an area already hard paved, are to be

mulched, to a depth of 100mm, with high quality brush chip. This mulch is to be maintained for the duration of demolition and construction works.

9. All activities not relating to the maintenance of the trees are to be excluded from

the Tree Protection Zones. The area is not to be used for storage of materials, stockpiling, siting of work sheds, preparation of mixes, cleaning of tools or equipment, pedestrian or vehicular activity, including parking.

10. Refueling and/or maintenance of machinery and equipment is not permitted within

10 metres of any Tree Protection Zone. 11. The washing down of machinery, chemical, concrete or cement handling

equipment or the storage of chemicals is not permitted within 10 metres of Tree Protection Zones.

12. Original soil levels must be maintained within Tree Protection Zones. Council

approved cut and fill within this area must be done under the supervision of the appointed Consultant Arborist.


ITEM 10 (Continued) 13. Placement of all underground services is to be outside of the Tree Protection

Zones. Where this is not possible, tunneling or boring is to be used. Where boring or tunneling is not possible, all excavation must be by hand. All work must be carried out under the direct supervision of the appointed Consultant Arborist.

14. No trees are to be planted within three (3) metres of the villas or within (3) metres

of any of the buildings on the adjoining properties. 15. Documentary evidence of compliance with Conditions 3 to 8 to the satisfaction of

Council or an accredited certifier is to be obtained from a qualified landscape architect or landscape consultant at the following stages:

(a) Documentary evidence of tree protection measures is to be submitted to the

Council prior to the issuing of the Construction Certificate. (b) Documentary evidence of tree retention and landscape planting and

construction in accordance with the approved plan and specified items is to be submitted to the Council prior to occupation of the building.


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

17. The subdivision being carried out substantially in accordance with the design

shown on the development application plans. 18. The subdivider at his own expense constructing engineering works, paths,

footways, gutters, roadworks in accordance with Council’s Development Control Plan for Engineering Standards Criteria Section 4 Civil Works detailed plans are required to be submitted and approved by Council prior to the issuing of the Construction Certificate.

19. Council will only issue a Subdivision Certificate pursuant to the Environmental

Planning and Assessment Act 1979 Section 109 J when the development consent is complied with and Council or an accredited certifier has lodged documentary evidence of completion of a final inspection of any building or engineering works with Council.

20. The payment of the required fee for the approval of the final plan under the terms

of Part 4A of the Environmental Planning & Assessment Act. 21. Applicants are to satisfy themselves that no covenants exist which would restrict

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


ITEM 10 (Continued) 22. The existing colourbond fence at the rear of 31 Greene Avenue is to be retained. 23. For the purpose of child safety and energy conservation all new or replacement

hot water systems shall include a mixing device/valve that will deliver hot water to a maximum 500 C at the outlet of all taps, shower roses and the like in bathrooms, ensuites and similar areas used for personal hygiene.

24. For the purpose of water conservation the following shall be carried out in

accordance with the manufacturers specifications:

(a) Water closets installed within the building are to have a maximum 6/3 litre dual flush cistern;

(b) Shower heads and taps are to be fitted with reduced water flow devices; and (c) Shower heads, toilets and aerators on bathrooms and kitchen hand basins

and sinks shall be at least AAA rated water efficient. 25. A hot water system with a minimum 3.5 star Greenhouse score is to be provided for

each dwelling. Hot water pipes should be appropriately insulated. 26. R.3.0 or equivalent insulation is to be installed to ceilings under the roof area. R1.5 or

equivalent insulation is to be installed in walls (cavity walls excepted). 27. The building works are to be inspected during construction, by the Principal

Certifying Authority (or other suitably qualified person on behalf of the applicant) to monitor compliance with Council’s approval and the relevant standards of construction encompassing the following stages of construction:

a) Foundations/footings b) Floor, wall and roof timbers c) Stormwater drainage d) Finalisation of works Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.




ITEM 10 (Continued)


29. A certificate from a suitably qualified person is to be submitted to the Principal Certifying Authority ( and Council, if Council is not the PCA) that the method of Termite Protection has been provided in accordance with Part 3.1.3 of the Building Code of Australia and the requirements of the Australian Standard 3660.1.


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


Certifying Authority (and Council, if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with Part 3.7.2 of the Building Code. Location details are to be submitted and approved by Council or an accredited certifier prior to the release of the Construction Certificate.


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

a) After excavation work for the footings, but prior to pouring of concrete,

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

completed building and the boundary setbacks

33. A contribution for the services in Column A and for the amount in Column B shall be made to Council prior to the issue of the Construction Certificate.

A B Public Space $36,180 Stormwater Drainage $7190 Administration $385 The total contribution is $43,755


ITEM 10 (Continued)

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Contribution Plan No. 1 (2001 Amendment) adopted by Ryde City Council on 9/10/01. The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the "Implicit Price Deflator – Gross Fixed Capital Expenditure – Total Public" index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on an annual basis in accordance until such time as the contribution is paid.



35. Enforcement levy is to be paid to Council on lodgement of the Construction


36. Documentary evidence of compliance with Conditions 33, 34 & 35 to the

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

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

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


obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92. Following application a “Notice of Requirements” will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.




ITEM 10 (Continued) 39. Please contact Energy Australia’s Local Customer Service Office to obtain

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

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

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


to the issue of the Construction Certificate for street alignment levels. 41. Security fencing shall be provided around the perimeter of the building/demolition



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

b) During the entire construction phase a sign shall be fixed on site indicating the builder’s or a contact person’s name and contact phone number.


entitled “Amenities for Construction Work”. 44. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Mondays to Fridays and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or Public Holidays.


road, footpath, park or Council owned land.


ITEM 10 (Continued) 46. Adequate precautions must be taken to control the emission of dust from the site





49. All demolition work must be carried out in accordance with AS 2601 - 1991 ‘The

Demolition of Structures’ by an appropriately licensed contractor. 50. The demolition and removal of asbestos products, including asbestos-cement

sheeting, must be carried out in accordance with the requirements of the NSW WorkCover Authority.

51. Appropriate measures must be taken to prevent the emission of visible dust

during demolition and work. 52. All demolition wastes must be stored in an environmentally acceptable manner. 53. All demolition wastes must be assessed and classified in accordance with the

Environmental Guidelines: Assessment, Classification & Management of Liquid & Non-Liquid Wastes (EPA, 1999) before the wastes are transported from the site.

54. All demolition wastes must be transported to an appropriately licensed waste

facility or other place that can lawfully be used as a waste facility for those wastes.

55. A licensed waste transporter must be used to transport the wastes if required by

the Protection of the Environment Operations Act 1997. 56. All asbestos wastes must be collected, stored, transported and disposed of in

accordance with the requirements of Clause 29 of the Protection of the Environment Operations (Waste) Regulation 1996.

57. Following removal of the asbestos wastes, the site must be validated by an

experienced environmental consultant to ensure that the site is uncontaminated.


ITEM 10 (Continued) 58. A copy of the validation report must be submitted to Council within 30 days of

the demolition work being completed and before any construction work commences.

59. The run-off from the carwash bay must be directed towards the garden and lawn

area, and must not flow into any stormwater system. The run-off must not cause any nuisance to residents or neighbouring properties.










interest including kerb & gutter, accessways, aprons, pathways, vehicular crossings, dish crossings and pathway steps. NOTE: Council has an interest in all pipelines which drain public reserves and public road reserves, and in all structures located within public road reserves.

All Engineering Compliance certificates are to contain the following declarations:


ITEM 10 (Continued)


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

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


Engineering Conditions to be complied with Prior To Construction Certificate 64. Driveway Grades. The maximum grade of all internal driveways and vehicular


65. On-Site Stormwater Detention Stormwater runoff from all impervious areas shall




ITEM 10 (Continued) 66. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan



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

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

67. Car Parking All car parking is to comply with AS2890.1. Details by a qualified Civil

Engineer are to be submitted with the Construction Certificate application. Engineering Conditions to be complied with Prior to Commencement of Construction 68. Sediment and Erosion Control. The applicant shall install appropriate sediment





ITEM 10 (Continued) 70. Vehicle Footpath Crossings. Concrete footpath crossings shall be constructed









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


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


ITEM 10 (Continued) 73. On-Site Stormwater Detention System - Marker Plate. Each on-site detention




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



constructed in accordance with plan 03124 C2 issue ‘C’ prepared by Cattarin & Co. Pty Ltd.

ADVISORY CONDITIONS 1. Compliance with Building Code of Australia





ITEM 10 (Continued) 2. Excavations and backfilling






b) adequate provision must be made for drainage 4. Prior to commencing any construction works, the following provisions of the










is: 1a.


ITEM 10 (Continued) 7. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building & Renovating under the heading Building & Development, or telephone 13 20 92.

The consent authority or a private accredited certifier must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

8. Energy Australia




10. Australia Post


11. A Waste Management Plan is required to be submitted to Council with your

Development Application when you are proposing any demolition works.

Should you wish to vary the information provided in this plan you are required to give written advice to Council of any changes. Development Control Plan No. 27 sets out your obligations for waste management.



ITEM 10 (Continued) (b) That the persons who made submissions be advised of the decision. Liz Coad Sandra Bailey Manager Environmental Assessment Consultant Planner


ITEM 10 (Continued) Indicates submission received

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Tel: 9952 8222 Fax: 9952 8070


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4040A

38

36

34 39

41

25

27

29

24A

43

4530B

30A28B

28A26B

26A24B

34

32

47

GA

JONES S

T

GREENE AVE

CAMERON CRES GARDENER A

VE

PARK

BRIGADE

SP 65468

DP 36248

DP 3647

9

DP 1373

2

DP 13732

3

18

17

19

39

14

43

42

41

40

22

12

23

2425

30

29

10

11

26

0

12

11

13

E31

A

16

15DP 13

732

13

DP 3624

8

DP 3624

8

32

31

3

2

33

5

D

24

25

201

26

6

7

27

8

35

36

3029

28

37

3

19

18

34

20

21

SP 42225

2771

8

DP 1138

DP 347449 F

17

16

1232

A

B1

DP 85077870

69

21

71

37

34

38

36

21

20

DP 8686

96

D

23

22 208

24

205

206

202

207

13

203

204

23


Date: 14/04/2004


ITEM 10 (Continued)


ITEM 11 12 PILE STREET, GLADESVILLE. LOT: 2 DP: 554251. Local Development Application for Demolition and construction of dwelling house, boathouse and inground swimming pool. LDA 496/2003. Applicant: Architecture and Building Works.

INTERVIEW 6.20PM


EXECUTIVE SUMMARY

This report considers a proposal to erect a dwelling house, swimming pool and boat shed. The proposed development does not comply with the numeric requirements of the Dwelling House and Duplex Development Control Plan for floor space ratio, storeys and height. The development also fails to comply with the foreshore building line as specified with the Ryde Planning Scheme Ordinance. These non-compliances result in a development having an excessive bulk and scale and adversely impacting on the visual appearance of the site as viewed from Parramatta River. As the site is located adjacent to Parramatta River, it is also subject to numerous other planning instruments that specify criteria for determining development applications. The proposed development fails to comply with numerous aspects of these planning instruments. During the notification period Council received 2 submissions. The application is recommended for refusal. Reason for Referral to Development Committee: Nature of the development. SITE: (Refer to attached map.) Address : 12 Pile Street, Gladesville Site Area : 1151m2

Frontage 3.71 metres to Pile Street Depth 50.78 metres along the western boundary

and 90.83 metres along the eastern boundary.


ITEM 11 (Continued) Topography and Vegetation : The site slopes from Pile Street to Parramatta River.

There is minimal vegetation on the site. There is however a Casurina tree located adjacent to Parramatta River.

Existing Buildings : Two storey dwelling house, swimming pool and

boatshed. PLANNING CONTROLS: Zoning : Residential 'A' Other : Ryde Planning Scheme Ordinance State Environmental Planning Policy No 56 – Sydney

Harbour Foreshores Regional Environmental Plan 22 – Parramatta River Dwelling House and Duplex Development Control Plan Sydney Harbour and Parramatta River Development

Control Plan DEVELOPMENT PROPOSAL SUMMARY: • Three storey dwelling house. • Swimming pool. • Boat shed. PROPOSAL: Consent is sought for the erection of a three storey dwelling house, swimming pool and boat shed. The basement plan will contain a double garage, cellar, lift and bathroom. The ground floor will contain the living areas, kitchen and study. The first floor will contain 4 bedrooms and associated bathrooms. A large balcony is proposed on both the ground and first floor. The proposed development will have a flat roof with a parapet. HISTORY: The development application was lodged on 23 May 2003. Following a preliminary assessment of the application, a letter was sent to the applicant on 29 May 2003 advising of the following issues: • The Statement of Environmental Effects fails to address Council’s development

control plans, whether any trees on the site will be removed and no details of the proposed drainage.


ITEM 11 (Continued) • The development exceeds the floor space ratio and storeys control. • The building and balcony encroaches the foreshore building line. • The finished coping level of the pool exceeds 500mm above natural ground level. • Insufficient drawings of the boat shed and the swimming pool. • Photomontages of the development are to be submitted. • Additional drawings detailing the sight lines from surrounding properties to enable

Council to determine if view sharing has been considered. The applicant submitted an amended Statement of Environmental Effects on 18 September 2003. Following a more detailed assessment of this application, a further letter was sent to the applicant on 15 October 2003 advising that officers were unable to support the application. Despite Council’s previous letters, inadequate information had been submitted with the application. This prevented a thorough assessment of the application. The outstanding information included: • The survey plan submitted is at an incorrect scale. A plan at a scale of 1:100

should be submitted. • Landscape plan was inadequate. • The only elevation of the boatshed was the southern elevation. All other

elevations of the structure should be submitted. • Inadequate details were submitted in respect of the pool. Plans demonstrating

the shape, coping level and width should be submitted. • The site is affected by landslip and a Geotechnical Engineer's report is to be

submitted. • No information was submitted in respect of the likely impact the development

would have on the views of the adjoining properties. • A drainage concept plan is required to be submitted. • A driveway long section is required to be submitted. • A plan demonstrating any retaining walls. In addition to the inadequate information the development also failed to comply with several of the requirements of the Dwelling House and Duplex Development Control Plan. These non-compliances were: • The development exceeded the floor space ratio. As proposed the floor space

ratio of the development is 0.73:1. • The height of the dwelling exceeded the 7 metre and 9 metre control as well as

being 3 storeys. • The non-compliance with the storeys control as well as the floor space ratio

results in the development being an overdevelopment of the site. The bulk and scale is excessive and incompatible with the residential character of the area as well as the foreshore.


ITEM 11 (Continued) The applicant was advised that the application should be withdrawn. Following a meeting with the applicant, owner and Council’s Officer, it was agreed that amended plans would be submitted. The amended plans were submitted on 28 January 2004. The changes included the following: • The area of the basement has been reduced by deletion of the walls. It appears

from the plans that this area will be paved beneath the building. • Minor change to the floor plan of the first floor to delete a corner of bedroom 3. • No changes to the RL’s of the building. This report addresses the amended plans and additional information submitted to Council on 28 January 2004. REFERRALS: Development Engineer: 5/4/03: No objections subject to appropriate conditions. OFFICER’S ASSESSMENT: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Infrastructure, Planning and Natural Resources' Guide to Section 79C – Potential Matters for Consideration. 1. Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance.

(i) Zoning

The site is zoned residential 2(a) under the Ryde Planning Scheme Ordinance. The use is permitted with the consent of Council. (ii) Mandatory Requirements


ITEM 11 (Continued)

Foreshore Building Line The site is affected by Clause 40 of the Ryde Planning Scheme Ordinance and a foreshore building line has been fixed on the property. The foreshore building line is measured 72 metres along the eastern boundary from the street and 20 metres measured along the western boundary from the northern corner of the allotment. No building is to be erected within the foreshore building line. Building is defined by the Environmental Planning and Assessment Act as: Building includes part of a building and any structure or part of a structure, but does not include: a) A manufactured home, a moveable dwelling or associated structure or

part of a manufactured home, a moveable dwelling or associated structure; or

b) A temporary structure within the meaning of the Local Government Act, 1993.

A large proportion of the balcony on the ground floor and part of the balconies on the first floor are located within the foreshore building line. The foreshore building line is a development standard and can only be varied by the submission of an objection under the provisions of State Environmental Planning Policy No 1 that demonstrates that compliance with the development standard is unreasonable and unnecessary in the particular circumstances of the application. The applicant has not submitted a SEPP No 1 objection and therefore the application cannot be approved. Even if the applicant had submitted an objection under the provisions of SEPP No 1, the variation could not be supported. With the exception of the property to the immediate east of the site, other developments appear to comply with the foreshore building line. The intrusion onto the foreshore building line results in the development being more visually dominant when viewed from the waterway and there are less opportunities for landscaping. Under clause 40(6) of the Ryde Planning Scheme Ordinance, the Council may, after considering the probable aesthetic appearance, allow a retaining wall or swimming pool to be erected within the foreshore building line. The swimming pool is not to project above the natural ground level of the site.


ITEM 11 (Continued)

The development has proposed to replace the existing swimming pool. The existing swimming pool coping is RL 3.74. This pool protrudes above natural ground level by approximately 2.1 metres. The existing wall of the pool that is visible from Parramatta River is unsightly, however the impact is reduced due to screening that exists because of a Casurina tree on the foreshore. The proposed pool coping will be at RL 5.35. As a result of the proposed development the Casurina tree will be removed. The coping level of the pool will result in the pool being a minimum of 3.69 metres above natural ground level. This will result in a significant intrusion of built structures into the foreshore building line and prevent the land below the foreshore building line being retained in a natural state. Although the boatshed is prohibited by this Clause of the RPSO, it is permitted under Clause 14 of Sydney Regional Environmental Plan 22 – Parramatta River. This issue is addressed elsewhere in the report. Aesthetic Appearance of the Development This clause requires the Council to take into consideration the probable aesthetic appearance of the proposed building or work when viewed from Parramatta River. The structures proposed within the foreshore building line would be visually dominant from the waterway. This is due to the building breaching the foreshore building line and the height and bulk of the structures that are proposed within the land below the foreshore building line. The landscape plan has only proposed grass within the area below the foreshore building line, which will not assist in the minimising of the bulk of the structures.

(b) Relevant SEPPs.

State Environmental Planning Policy No.56 - Sydney Harbour Foreshores

This planning policy sets out principles that are to be taken into consideration in the assessment and determination of development applications. These principles include:

PRINCIPLE


a) Increasing public access to, and use of, land on the foreshore.

Public access is currently unavailable along the foreshore in this locality. This will not be changed as a result of this application.


ITEM 11 (Continued)

PRINCIPLE


b) The fundamental importance of the need for land made available for public access, or use, on the foreshore to be in public ownership.

There are no statutory controls to require any dedication for land along the foreshore.

c) If public ownership of foreshore land is not possible, the use of appropriate tenure mechanisms to safeguard public access to, and public use.

This is not applicable.

d) The retention and enhancement of public access links between existing foreshore open space areas.

The development will not affect the public access links.

e) The conservation of significant bushland and other natural features along the foreshore.

There is a large Casurina tree located adjacent to Parramatta River. This tree is proposed to be removed and approximately 0.56 metres of fill provided in the area. The tree is endemic to the locality. Its removal and the provision of the fill are not supported, as it will detract from the visual appearance of the foreshore.

f) The suitability of the site or part of the site for significant open space that will enhance the open space network along the harbour foreshores.

There is no open space network in the vicinity of the site.

g) The protection of significant natural and cultural heritage values, including marine ecological values.

The development will not affect the heritage significant of any heritage item.

h) The protection and improvement of unique visual qualities of the harbour, its foreshores and tributaries.

The removal of an endemic tree, the provision of fill, a swimming pool erected above ground level as well as the boatshed will adversely affect the unique visual qualities of the harbour, its foreshores and tributaries.

i) The relationship between use of the water and foreshore activities.

There would be no conflict between the use of the water and foreshore activities.


ITEM 11 (Continued)

PRINCIPLE


j) The conservation of items of heritage significance identified in an environmental planning instrument or subject to an order under the Heritage Act 1977.

There is a heritage item within 100 metres of the site, being a dwelling house on the corner of Pile Street and Wharf Road. The heritage significance of this property will not be affected.

k) The scale and character of any development, derived from an analysis of the context of the site.

The development is inconsistent with other developments in the locality.

l) The character of any development as viewed from the water and its compatibility and sympathy with the character of the surrounding foreshores.

As demonstrated elsewhere in this report, the development is inconsistent with other development in this locality.

m) The application of ecologically sustainable development principles.


n) The maintenance of a working harbour character and functions by the retention of key waterfront industrial sites or, at a minimum, the integration of facilities for marine activities into development and wherever possible, the provision of public access through these sites to the foreshores.


o) The feasibility and compatibility of uses and, if necessary, appropriate measures to ensure coexistence of different land uses.

The development is compatible with the surrounding residential dwellings.

p) Increasing opportunities for water based public transport.


Many of the principles contained in this plan are not applicable to the proposed development. The development is considered to be incompatible with the character of the surrounding area as demonstrated in the report and the non-compliances with the applicable controls contained in the various planning instruments. The development will also detract from the visual quality of the site when viewed from the waterfront.


ITEM 11 (Continued) (c) Relevant REPs.

Regional Environmental Plan 22 – Parramatta River This planning instrument requires the Council to take into consideration the

following:

PRINCIPLE


a) The appearance of the development from the waterway and the foreshore.

The visual bulk of the dwelling, pool and boatshed are consistent with other new developments in the locality. The proposed development will adversely impact on the landscape character of the locality.

b) Whether the development will cause pollution or siltation of the waterway to an extent that would jeopardize any existing or potential uses of the waterway.

Appropriate conditions would be included on any approval in respect to soil erosion. The application is not expected to be a problem in respect of siltation.

c) Whether the development will have an adverse effect on wetlands or flora and fauna habitats.

There are no wetlands or flora and fauna habitats on the site.

d) The noise likely to be generated by the development and any adverse effect that any such noise would have on existing uses of the waterway or nearby land.

The development will not result in increased noise that would affect the amenity of the waterway.

e) Whether the development will have an adverse effect on drainage patterns or cause shoreline erosion.

Appropriate conditions have been imposed that will not result in any changes to the drainage pattern.

f) Whether the development will cause excessive congestion of, or generate conflicts between, people using the waterway or the waterfront.

No conflicts should arise as a result of this application.

g) The demand for storage space for boats on the harbour or on the Parramatta River.

This application will have no impact on the storage of boats.


ITEM 11 (Continued)

PRINCIPLE


h) Whether the development warrants a foreshore location.

The erection of a new dwelling house is consistent with the Council’s controls. No objection is raised to the foreshore location.

i) Whether the development will have an adverse effect on the views to and from the waterway as a result of the size of the vessels capable of being accommodated within the development.

This is not applicable to the application.

k) The Australian Standard AS 3962-1991 Guidelines for design of marinas.

The development is not for a marina so it is not applicable to the development.

m) Any other relevant plan of management, urban design or other development control guidelines that apply to Parramatta River and its foreshores.

All relevant documents have been considered in the report.

n) The effects of that development on the heritage significance of a heritage item, its site, its vicinity or on a conservation area.

The development will not affect the heritage significance of any heritage item.

o) Any representation of the Committee.

The application was required to be referred to the Foreshores and Waterways Planning and Development Advisory Committee under Clause 18. The comments raised are discussed below.

p) Whether the development will affect swimming in the locality.

There is no designated swimming area in front of the site.

q) The provision of pedestrian access in the locality of the development and the impact of the development on existing pedestrian access.

The development will not impact with any pedestrian access.

r) The importance of giving priority to onshore access to the foreshore and waterway rather than access by means of boardwalks.



ITEM 11 (Continued)

PRINCIPLE


s) Any development control plan prepared in respect of this plan or, until such a plan has been prepared, the design and management guidelines for Parramatta River.

See below under the heading of DCP’s.

Foreshores and Waterways Planning and Development Advisory Committee Meeting The application was referred to the above Committee under the provisions of Clause 18. The matter was considered by the Foreshores and Waterways Planning and Development Advisory Committee on 19 March 2004. The following comments were provided from the Committee: 1. “The Committee has a number of concerns with the application and

recommends that Council seek modification to :

a) The bulk, height and boxiness of the building as it is contrary to the performance criteria for the landscape character type 14 under the Development Control Plan for Parramatta River (the DCP) which seek to maintain the density and spacing of development as well as protecting key visual elements including rock outcrops and vegetation and Clause 5.4 of the DCP which aims to ensure buildings do not break undeveloped ridgelines.

b) All works in front of the foreshore building line to minimise the alteration of the natural ground levels consistent with the performance criteria of the DCP.

c) The size and design of the boatshed as it exceeds the maximum plan and height dimensions as well as the roof pitch of Clause 5.12 of the DCP.

d) The swimming pool to reduce its visual impact when viewed from the water consistent with Clause 5.13 of the DCP.

2. It is noted that the location of the existing jetty ramp and pontoon is incorrectly shown on the plans. Further, the slipway may require modification if the boatshed floor is lowered. The Waterways Authority advises that all works below Mean High Water Mark require landowner’s consent and this area is identified as an inter tidal public access zone under the Sharing Sydney Harbour Access Plan. It is therefore recommended that the slip be excluded from this application and a separate application be submitted in relation to appropriate the water access facilities, following land owner’s consent.”


ITEM 11 (Continued) Given the history of the application, and that many of these issues have already been raised with the applicant, it is considered more appropriate to determine this application. Prior to the lodgment of a new development application, it would be advisable that the applicant held a prelodgment meeting to ensure that any future development adequately addresses all of these issues. (d) Any draft LEPs. No applicable draft LEP’s that affect the site. (e) Any DCP (e.g. dwelling house, villa)

Dwelling Houses and Duplex Buildings Development Control Plan

The proposal is in compliance with the above Development Control Plan as illustrated by the development standards below.

Council's Code

Proposed

Compliance Minimum Allotment Size

740m2 (Excluding the access corridor)

1023m2 (excluding the access corridor)

Yes

Floor Space Ratio1

0.5:1 0.56:1 No Setbacks

Eastern Elevation 1.5 metres Western elevation 1.5 metres

1.5m to 3m 1.5m to 11.7m

Yes Yes

Height2

2 storeys 7 metres 9 metres

3 storeys max 9.33 metres max 10.18 metres

No No No

Site Coverage

Two storey element is not to extend beyond the established building zone

Two storey element does not extend beyond the established building zone

Yes


ITEM 11 (Continued)

Council's Code

Proposed

Compliance

Parking

2 spaces, able to exit in a forward direction.

2 spaces, able to exit in a forward direction.

Yes

Swimming Pool

Swimming pools are to be at least 900mm from the boundaries.

The proposed pool will be greater than 900mm from the side boundaries.

Yes

DCP 45 – Energy Smart Minimum 3.5 star NatHERS energy rating for new dwellings

No details have been submitted to demonstrate compliance. This is a matter that could be dealt with as a deferred commencement condition if council was mindful to approve the development.

No

1 Floor Space Ratio Floor space ratio is the ratio of the gross floor area of all of the buildings on the allotment to the site area of the allotment. Clause 45(1)(b)(I) of the Ryde Planning Scheme Ordinance requires that site area is to exclude the area of any access corridor and any part of the allotment that is used for the provision of access to other allotments. As the subject site is a battleaxe allotment the access handle is required to be excluded from the site area. This results in the site area for the floor space ratio calculation being reduced to 1023m2. The floor space ratio of the development is 0.56:1. This exceeds the maximum floor space ratio by 63.69m2. This figure has excluded the void area located on the basement level, as this void area is not enclosed by any external walls. Although being excluded from the floor space ratio, this area contributes to the bulk and scale of the building resulting in the development having the appearance of a three storey dwelling when viewed from Parramatta River.


ITEM 11 (Continued) 2 Height The development is a maximum of three storeys in height. This is due to the cellar, lift and bathroom located on the basement floor with two levels of accommodation above. The proposed development will incorporate a large undercroft area on the basement that extends to beneath the balcony on the ground floor. Although this area is not included as a storey, it contributes to the building appearing as a three storey building when viewed from Parramatta River and the western boundary. It also contributes to the building exceeding the maximum height controls of 7 metres measured from the ceiling to natural ground level and overall maximum height of 9 metres. Due to the crossfalls of the site, the heights vary along each elevation. The heights given in the above table is the maximum height of the entire development. Each elevation of the development fails to comply with the 7 metre height control. In terms of the maximum overall height, all but the northern elevation fail to comply with the 9 metre control. The development will have the appearance of a 3 storey building. There are examples of dwelling houses along the foreshore in this locality that have a 3 storey appearance. Many of these are located within Shackel Avenue, however the property to the immediate east of the site also contains a three storey dwelling. These are also numerous examples of 2 storey dwelling houses in this locality including Pile Street, Shackel Avenue and Wharf Road. New developments within this locality have also been required to comply with the 2 storey height restrictions. The floor space ratio and the storeys and height controls are the applicable controls in respect to controlling the bulk and scale of new developments. In this case, the development fails to comply with any of the applicable controls resulting in a development that will be visually dominant when viewed from the river. Sydney Harbour and Parramatta River Development Control Plan for Sydney Regional Environmental Plan No 22 – Parramatta River and Sydney Regional Environmental Plan No 23 – Sydney and Middle Harbours This DCP contains performance-based criteria and guidelines relating to matters such as foreshore access, visual and natural environments, recreation and maritime industrial uses. The aims of the DCP are: • Protecting ecological communities within the area covered by the Sydney

Regional Environmental Plan No 22 – Parramatta River; • Ensuring that the scenic quality of the area is protected or enhanced;


ITEM 11 (Continued) • Providing siting and design principles for new buildings and waterside structures

within the area; and • Identifying potential foreshore access locations in the area. The ecological community that has been identified for the site is Urban Development with scattered trees. This ecological community has a low conservation status. The relevant statement of intent for this ecological community is to conserve and enhance vegetation that contains a hollow as well as to minimise impacts associated with soil erosion, water siltation and pollution. The development is not inconsistent with the performance criteria. The DCP has identified the site within landscape character type 14. These areas are mostly developed with detached residential development on the upper slopes and boatshed and wharves along the foreshore. Further development in these areas must consider protecting key visual elements including rock outcrops, native vegetation, vegetation around dwellings and maintaining the density and spacing of development. Any development is required to satisfy the following criteria: • Consideration is given to the cumulative and incremental effects of further

development along the foreshore and to preserving the remaining special features;

• Development is to avoid substantial impact on the landscape qualities of the foreshore and minimise the removal of natural foreshore vegetation, radical alteration of natural ground levels, the dominance of structures protruding from rock walls or ledges or the erection of sea walls, retaining walls or terraces;

• Landscaping is to be carried out between buildings to soften the built environment; and

• Existing ridgeline vegetation and its dominance as the backdrop to the waterway, is retained.

The proposed development is inconsistent with the above criteria. Although there are examples of three storey dwellings in this area of the foreshore, these are mostly in Shackel Avenue. The majority of dwellings in Pile Street that adjoins Parramatta River are two storeys. A recent development consent for 16 Pile Street was also for a two storey dwelling. As discussed earlier in the report, the proposed development will have the appearance, bulk and scale of a 3 storey dwelling house when viewed from Parramatta River. This is inconsistent with the council’s requirements for future developments.


ITEM 11 (Continued) The development is also inconsistent with the second criteria. The development will result in substantial impacts on the landscape qualities of the foreshore. As part of the application it is intended to provide fill in front of the proposed pool immediately adjacent to the foreshore. This fill will have a height of approximately 0.56 metres. As a result of the fill the only endemic tree on the site being a Casurina will be required to be removed and the height of the sea wall and retaining walls on the boundaries of the site increased. The current coping level of the pool to be replaced is at RL 3.74. This is elevated above ground level by approximately 2.1 metres. As a result of the development the new swimming pool coping level will be increased to RL 5.35. This represents a height of approximately 3.69 metres above natural ground level or 3.15 metres above the level of the fill. The development has proposed to provide steps in front of the pool from the lower landscaped area to a higher landscaped area above the pool. The alterations proposed to ground levels will result in the swimming pool, steps and retaining walls dominating the visual appearance of the foreshore. The design of the boatshed is inconsistent with the design guidelines for land-based developments. This also adds to the dominance of the structures on the visual appearance of the foreshore. Although the setbacks of the dwelling comply with the setback provisions of the Dwelling House and Duplex DCP, they do not allow for significant planting to be provided in the side setbacks. The landscaping that will be provided will not significantly soften the appearance of the building. The proposed development will be inconsistent with the landscape character of this part of Parramatta River. This will result in the development adversely impacting upon the visual appearance of the foreshore. The boatshed and swimming pool are defined as land based development under the SREP 22. To reduce the visual impact from the waterway and to ensure that development is compatible with the surrounding landscape and built form, the DCP provides design guidelines that are applicable to land based developments.


ITEM 11 (Continued) Boatsheds are required to be single storey with a pitched roof. The minimum headroom is to be 2.2 metres and maximum headroom is to be 2.5 metres. The maximum plan dimensions are 6 metres by 3.7 metres and the boatshed floor shall be 2.5 metres above Zero Fort Denison Tide Gauge (1.575 AHD). The boatshed as proposed fails to comply with these requirements. The size and height of the proposed boatshed results in a development that is much larger than the controls have envisaged. The boatshed has proposed a flat roof with landscaping on top rather than the traditional pitched roof. The maximum head height is 4 metres and the dimension of the boatshed will be11.4 metres by 4.8 metres. The actual floor level of the boatshed is also higher than is permitted by the controls. The design guidelines for the swimming pool require that if the pool protrudes beyond natural ground level, mitigation measures to minimise the visual impact are to be implemented. The swimming pool will protrude too far above natural ground level for these measures to be effective. 2 Likely impacts of the Development The proposed development will result in a bulk and scale significantly greater than is envisaged by the controls of council. The dwelling house exceeds the floor space ratio, storeys and height control of the Dwelling House and Duplex Development Control Plan as well as the balconies projecting within the foreshore building line. The swimming pool, boat shed and the introduction of fill within the foreshore building line are all inconsistent with the controls within the relevant planning instruments. The non-compliances contribute to the development being visually prominent when viewed from Parramatta River and will dominate the visual appearance of the foreshore with reduced opportunities for landscaping. 3 Suitability of the site for the development The site is not classified as a heritage item or is subject to any natural constraints such as flooding or subsidence. The site is affected by a foreshore building line however the location of this line would not prevent the erection of a dwelling house. The site is considered suitable for the erection of a dwelling house, swimming pool and boat shed that respects the relevant planning controls and requirements. As the proposed development has had minimal regard to these controls and results in adverse impacts, the site is not considered suitable for this development.


ITEM 11 (Continued) SUBMISSIONS: The proposal was advertised and notified in accordance with Council’s Development Control Plan for Notification. The application was advertised in the press on 1 October 2003. Notification of the proposal was for a period of 30 days between 26 September 2003 until 3 November 2003. 2 submissions were received. The issues raised in the submissions were; • No relative perspective of the scale of the new house in comparison with the

existing house. This is a requirement for new dwelling houses as it assists the adjoining properties to determining the likely impacts from the development. The survey plan has provided RLs of the existing ridge line of the existing house. The proposed development will be higher than the existing ridge line by approximately 2.25 metres. • Loss of privacy into bedrooms and our swimming pool. The proposed dwelling house will be separated from the adjacent dwelling house on 12A Pile Street by a minimum of 15 metres. This distance is sufficient to prevent overlooking between the two dwellings. It may be possible to see the pool from the first floor of the proposed dwelling. However as this floor contains bedrooms, which are not living areas of the dwellings, overlooking is unlikely to significantly affect the amenity of the adjoining property. • Loss of outlook. The applicant was requested to provide information on the likely impacts the development would have on the views of the adjoining properties. The applicant has provided a survey that provided the RL of the ridge of the adjoining property at 12A Pile Street. No other levels have been provided. It is possible that the proposed dwelling house will adversely affect the view of this adjoining property. This aspect should be further addressed in any new development application submitted to Council. • Concerned about loss of trees along the boundary in terms of privacy. The trees in question are pine trees located along the northern boundary of the site. These trees are all proposed to be removed. Replacement planting will consist of native groundcovers. These plantings will not contribute to any screen plantings in respect of privacy.


ITEM 11 (Continued) • Maximum height of the development should not exceed RL11.5AHD as this was a

requirement for the subdivision of 14 Pile Street. No restriction has been imposed as part of the original subdivision of the site in terms of restricting the maximum height of the dwelling house. It is not possible to impose a restriction that was applied to an adjoining building to this site. • Significant bulk of the building. Agreed. The bulk of the building is due to the non-compliances with the storeys, height and floor space ratio controls as specified within the Dwelling House and Duplex Development Control Plan. CONCLUSION: The proposed development results in a bulk and scale that is incompatible with the surrounding developments and the intent of the planning controls for the area and will adversely impact on the landscape quality of the foreshore locality. This is partly due to the development failing to comply with the floor space ratio, storeys and height control specified in the Dwelling House and Duplex Development Control Plan and the foreshore building line provisions of the Ryde Planning Scheme Ordinance. The application has failed to give adequate attention to the other relevant planning instruments that affect the site. The application is recommended for refusal. RECOMMENDATION: (a) That Local Development Application No. 496/2003 at 12 Pile Street, Gladesville, being LOT: 2 DP: 554251 be refused for the following reasons; 1. The proposed dwelling house protrudes the foreshore building line as specified by

the Ryde Planning Scheme Ordinance and no objection under the provisions of State Environmental Planning Policy No 1 has been submitted.

2. The proposed swimming pool is inconsistent with Clause 40(6) of the Ryde

Planning Scheme Ordinance in that it projects above natural ground level and an objection under the provisions of State Environmental Planning Policy No 1 has not been submitted.

3. The aesthetic appearance of the proposed development will adversely impact on

the foreshore, which is inconsistent with clause 40 of the Ryde Planning Scheme Ordinance.


ITEM 11 (Continued) 4. The proposed development is inconsistent with the several of the principles

specified in Clause 7 of State Environmental Planning Policy No 56 – Sydney Harbour Foreshores in that the development proposal affect the visual quality of Parramatta River and is inconsistent with the scale and character of surrounding development.

5. The visual bulk and scale of the dwelling house, swimming pool and boatshed

would adversely impact on the landscape character of the locality, which is inconsistent with Clause 20 of Regional Environmental Plan 22 – Parramatta River.

6. The proposed development is inconsistent with performance criteria for the

landscape character type 14 as specified under Sydney Harbour and Parramatta River Development Control Plan.

7. The size and design of the boatshed is inconsistent with Clause 5.12 of the

Sydney Harbour and Parramatta River Development Control Plan. 8. The swimming pool is inconsistent with Clause 5.13 of the Sydney Harbour and

Parramatta River Development Control Plan. 9. The floor space ratio of the proposed development is inconsistent with the

performance criteria as specified within the Dwelling House and Duplex Development Control Plan.

10. The proposed dwelling house fails to comply with the storeys and height

requirements as specified within the Dwelling House and Duplex Development Control Plan.

11. The proposed development is an overdevelopment of the site. (b) That the persons who made submissions be advised of the decision. Liz Coad Sandra Bailey Manager Environmental Assessment Consultant Planner



COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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2425

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9


Date: 14/04/2004


ITEM 11 (Continued)


ITEM 12 318 ROWE STREET EASTWOOD. Lot 4 in DP 306560. Local development application for demolition of the existing garage and the erection of a new garage. LDA No. 1252/2003. Applicant: J and E Dumas. Manager Environmental Assessment Reports 16 April 2004 FILE NO: LDA03/1252

EXECUTIVE SUMMARY This report considers a proposal to demolish the existing single garage and erect a single storey triple garage at the rear. The proposal exceeds the height and area requirements of the DCP although a much larger extension to an existing garage nearby was recently approved. One (1) anonymous submission was received. The height and area do not provide any unacceptable impacts and the application is recommended for approval. SITE (Refer to attached map.)

Address : 314 Rowe Street, Eastwood, southern side between Darvall and Wentworth Roads.

Site Area : 749.3m2 Frontage. 140.02m Depth. 53.44m Topography and

Vegetation : The site is reasonably level although there is a slight fall to the rear as well as a slight crossfall from west to east. There are no significant trees on the site although 2 camellias will be relocated as a result of the proposal.

Existing Buildings : A single storey dwelling house, single garage, high

carport and 2 metal garden sheds. PLANNING CONTROLS Zoning : Residential A in Ryde Planning Scheme 1979. Other : DCP 17A - Dwelling Houses & Duplex Buildings DCP27 – Waste Minimisation & Management


ITEM 12 (Continued) DEVELOPMENT PROPOSAL SUMMARY • Demolition of existing garage • Erection of triple garage. PROPOSAL: The application is to demolish the existing single storey garage midway along the eastern boundary and erect a single storey triple garage at the rear. The garage is to have a floor area of 81m² (9x9m) and is required to garage 2 motor vehicles, boat and caravan as well as for storage purposes. The boat has a mast and a door height of 2.9m is required to allow it access. The other 2 doors are at a lower height to reduce the bulk of the building. This has resulted in a roof with an asymmetrical pitch to reduce the height. The existing driveway is to be extended to provide access. The building is to be of face brick with a metal roof (tile profile) to match the finish of the existing dwelling house. Two camellia trees are to be relocated elsewhere on the site to allow construction of the driveway. BACKGROUND The applicant has made a submission stating that there are a number of other large outbuildings in the area (with specific reference to the adjoining properties) and the proposal is not inconsistent with these. Council records indicate: - • 320 Rowe Street (LDA 750/2002) – 50m2 outbuilding (storage and workshop)

approved at the rear. The building is to be face brick and tile construction and is 12.55m wide across the rear boundary.

• 322 Rowe Street (LDA 81/1999) – an 86m² extension to the existing 56m² garage.

The building is completed and results in a building some 26m in length (along the side boundary) and 7.2m wide across the rear boundary. The building is of colourbond steel construction (weatherboard profile for walls and rib steel for roof).

REFERRALS Development Engineer No objection subject to conditions contained within the recommendation.


ITEM 12 (Continued) OFFICER’S ASSESSMENT: The assessment contained in this report relates to matters considered relevant to this development proposal pursuant to section 79C of the Act. 1. Relevant Development Control Plan/Code against which the development is to

be assessed. Dwelling Houses & Duplex Buildings DCP The compliance with the above DCP is illustrated by the development standards below.


Proposal Compliance

Outbuildings • Not exceed 50m2 81m2 No • 1storey 1 storey Yes • 4m ridge height 5.5m No • Not in front of dwelling At rear Yes • Materials compatible with dwelling Brick with metal roof Yes • Windows 900mm setback to

boundary 900mm (east) Yes (Note 1)

• Concrete dish drain to boundary if setback less than 900mm

Rear (no windows), dish drain

Yes

• Toilet, shower, hand basin allowed None proposed Yes • Bar, sink kitchen facilities prohibited. None proposed Yes

Note 1- The setbacks were not shown on the original plans. Condition 4 has been included requiring the setbacks to be shown on the construction certificate plans. The non-compliances with the DCP are discussed below under the Likely Impacts. DCP 27 – Waste Minimisation and Management A waste plan was submitted with the application indicating that demolition material and construction waste will be taken either to the Waste Services site at Belrose or to the recycling centre at Terrey Hills. The Environmental Health Officer confirms that the materials indicated for disposal in the waste plan are accepted at the nominated sites. 2. Environmental Planning Instruments: Ryde Planning Scheme Ordinance Zoning: Residential A


ITEM 12 (Continued) Statutory Requirements There are none relevant to this application. Draft Environmental Planning Instruments There are no draft instruments that affect this proposal Matters Prescribed by the Regulations There are no matters prescribed by the regulations that affect this proposal 3. Likely Impacts, including environmental impacts on both the natural and built

environment and social and economic impacts in the locality. Built Environment: The two areas of non-compliance are the height (5.5m) and area (81m²). As indicated earlier in the report the outbuilding at 322 Rowe Street significantly exceeds the 50m² maximum of the DCP. The issue is whether these non-compliances cause any adverse impacts on the adjoining properties or on the neighbourhood generally. Both adjoining neighbours either have existing or have an approved outbuilding of similar size to that proposed. Both buildings are located adjacent to their rear boundary. The outbuilding will not cause any overshadowing or privacy impacts onto either adjoining property. The property at the rear is battle axe shaped with the proposed outbuilding located adjacent to the access corridor, thus not causing any adverse overshadowing or privacy impacts. Any impact is likely to be visual as the building will be able to be viewed from Wentworth Road across the access corridor to property at the rear. At present the 26m long outbuilding at 322 Rowe Street is visible from Wentworth Avenue but its impact will be reduced by the construction of the approved outbuilding at 320 Rowe Street. This building is on a 14m wide allotment and presents as 12.5m wide to the Wentworth Ave view while the proposed outbuilding is on a similar width allotment (14m) but is only 9m wide to the Wentworth Ave view. Any reduction in the depth of the proposed outbuilding to comply with the 50m² area will not alter that part of the building that is visible from Wentworth Avenue.


ITEM 12 (Continued) The building exceeds the 4m height requirement by 1.5m, but the impact is minimised by the asymmetrical treatment of the roof. Council's height requirement could be complied with by using a flatter roof but this would provide a roof form that is inconsistent with roof forms in the area. The reason given by the applicant for the size of the outbuilding is to accommodate the owners' vehicles and for storage. Therefore the existing high carport (in front of the single garage) and the 2 metal garden sheds should be removed. Condition 3 has been included accordingly. Natural Environment: The proposed outbuilding has no significant impact on the natural environment of the area. 4. Suitability of the site for the development. The site is suitable for the proposed use as the proposed outbuilding is appurtenant to the dwelling house use and is to accommodate the owner’s vehicles. 5. Public Submissions The application and plans were notified in accordance with Council requirements and adjoining owners were notified inviting submissions between 24 February 2004 and 10 March 2004. One (1) anonymous submission was received as a result of the notification raising concern about the extra garages as a business is conducted from the existing garage. The owners run their business, Eastwood Stained Glass, from the premises, which would be classifies as a home industry. The application is for an outbuilding to accommodate the owner’s vehicles (2 cars, boat and caravan). There is no application for any business use. Condition 5 has been included requiring submission of a separate application if a home industry is to be carried out on the site. 6. Submissions from Public Authorities and The Public Interest There are no matters that affect this proposal


ITEM 12 (Continued) CONCLUSION: The outbuilding is to accommodate the owner’s vehicles as well as for storage purposes. A larger outbuilding has been constructed nearby with Council approval. The proposed outbuilding when viewed from Wentworth Avenue will present as a similar size to those adjoining. The proposal does not cause any unacceptable overshadowing or privacy impacts onto adjoining properties. One anonymous submission was received as a result of public notification that did not raise any objection to the proposal but indicated a concern with it being used for the existing business on the site. The existing business is used in conjunction with a home occupation and as such may be carried out within the garage. The application is recommended for approval. RECOMMENDATION:

That Local Development Application No. 1252/2003 to demolish the existing single garage and erect a triple garage at 213 Rowe Street, Eastwood be approved subject to the following conditions of consent: - 1. Development is to be carried out substantially in accordance with the Plans No.

939 1, 2 & 4 and support information submitted to Council. 2. All building works are required to be carried out in accordance with the provisions

of the Building Code of Australia. 3. All garden sheds and the carport in front of the single garage shall be

demolished/removed from the site within one month of occupation of the new garage building.

4. The building shall be set back 900mm from the eastern boundary and 400mm

from the southern boundary with details to be shown on the construction certificate plans.

5. A separate application must be lodged with and be approved by Council for any

home industry that is proposed to be carried out from the site. 6. A copy of the approved certified plans, specifications and documents

incorporating conditions of approval shall be kept on site at all times so as to be readily available for viewing by any officer of Council or the PCA.


being a deposit of $1000 as well as the infrastructure inspection fee in accordance with the requirements of Council’s Management Plan (scheduled fees).


ITEM 12 (Continued) 8. Enforcement levy is to be paid to Council on lodgement of the Construction


9. Documentary evidence of compliance with Conditions 6 & 7 to the satisfaction of

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


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

11. The building works are to be inspected during construction, by Council or the

Principal Certifying Authority (or other suitably qualified person on behalf of the applicant), to monitor compliance with Council’s approval and the relevant standards of construction encompassing the following stages of construction (as applicable):

a) Shoring of excavation works b) Continuous piers or piling c) Underpinning d) Foundations/footings e) Damp-proof course f) Steel reinforcement g) Retaining walls h) Floor, wall and roof timbers i) Floor timbers j) Wall/roof timbers k) Steel beams, columns or framing l) Fire resisting construction systems m) Stormwater drainage n) Finalisation of works


The appointed Principal Certifying Authority has a discretion to determine which, if any, inspections are sufficient to determine compliance or otherwise with relevant codes and standards. This may involve additional inspections.


ITEM 12 (Continued) 12. In addition to the above stated inspections, Council or an accredited certifier is

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


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

14. Sydney Water


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

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


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


road, footpath, park or Council owned land.




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

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

requirements of AS2601.1991 (The Demolition of Structures). 20. The demolition and disposal of asbestos-containing materials (e.g. Fibro) must be

carried out in accordance with WorkCover NSW guidelines. 21. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), must be

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

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

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









ITEM 12 (Continued)



interest including kerb & gutter, accessways, aprons, pathways, vehicular crossings, dish crossings and pathway steps. NOTE: Council has an interest in all pipelines which drain public reserves and public road reserves, and in all structures located within public road reserves. All Engineering Compliance certificates are to contain the following declarations:







28. Drainage Plans. The plans and supporting calculations of the proposed drainage

system, including the on-site detention system and details addressing any overland flow from upslope properties are to be submitted with the Construction Certificate application.

A positive covenant shall be executed and registered against the title of any lot containing an on site detention system to require maintenance of the system in accordance with Council's standard terms.


ITEM 12 (Continued) Any drainage pit within a road reserve, a Council easement, or that may be placed under Councils’ control in the future, shall be constructed of caste in situ concrete. Details are to be submitted with the Construction Certificate application.



30. Road Opening Permit. The applicant shall apply for a road opening permit where a new pipeline is proposed to be constructed within or across the footpath. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.




and Sediment Control Plan (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas


ITEM 12 (Continued) (d) Location and design criteria of erosion and sediment control













ITEM 12 (Continued)



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






constructed in accordance with plan 939-DA3 prepared by Complete Consultants.



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



1) Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development to which the work relates:










ITEM 12 (Continued)


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








5. City of Ryde will not issue a Construction Certificate without evidence of Home


is 10.

7. Energy Australia


Liz Coad Manager Environmental Assessment

Don J Smith Consultant Town Planner


ITEM 12 (Continued) One anonymous submission received.

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


39

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41

3

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1A

77A

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DP 18275

DP 342109

DP 950968

DP 575705

DP 380735

DP 383986

DP 322457

DP 377824

DP 6680

DP 964849

DP 6680

DP 854637

A

1

6

B

A

4

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11

B

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10A

83

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119

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B

2

43

1

C

56

52

A

3

B

3

14

4

13

5D


Date: 27/04/2004


ITEM 12 (Continued)


ITEM 13 2 IVY STREET, RYDE. LOT: 2 DP: 29353. Local Development Application for the construction of a two storey duplex. LDA No. 2/2004. Applicant: Tommy Tse & Connie Tse.


EXECUTIVE SUMMARY

This report considers a proposal to construct a new duplex building. The proposal substantially complies with the provisions of the Dwelling Houses & Duplex DCP. Seven submissions have been received objecting to the development. The primary concerns relate to increased traffic, reduced car spaces and decreased road safety for children within the street. Council’s Traffic Engineer has reviewed matter and raises no objections to the proposal. The application is recommended for approval. Reason for Referral to Development Committee: Number of submissions received objecting to the development. SITE: (Refer to attached map.) Address : 2 Ivy Street, Ryde Site Area : 665.4m2 Frontage 12.195 metres Depth 30.51 metres (max) Topography and Vegetation : The site has a fall towards the street and no significant

vegetation to the front or rear of the existing dwelling.


ITEM 13 (Continued) Existing Buildings : Single storey clad dwelling, detached clad garage and

two (2) metal sheds. PLANNING CONTROLS: Zoning : Residential 'A' Other:

• Ryde Planning Scheme Ordinance • Dwelling Houses & Duplex Buildings Development Control Plan No. 17A. • Energy Smart, Water Wise Development Control Plan No. 45A. • Stormwater Management Development Control Plan No. 41.

DEVELOPMENT PROPOSAL: Two storey duplex. The proposed duplex consists of the following: Unit 1 Ground floor: Living, dining, family, kitchen, study, laundry and double garage. First floor: Three (3) bedrooms, retreat, bathroom and en-suite. Unit 2 Ground floor: Living, dining, family, kitchen, laundry and single garage. First floor: Four (4) bedrooms, bathroom and en-suite. BACKGROUND: 1. On 2 January 2004, LDA No. 2/2004 was lodged. 2. On 8 January 2004, Council’s Pre Assessment Team requests in writing

several issues to be clarified relating to landscaping, drainage, demolition, fencing and the bushfire statement submitted with the application.

3. On 21 January 2004, an amended landscape plan was submitted in order to address a conflict with the stormwater details submitted with the application. Furthermore, the applicant advises that demolition does not form part of their application.

4. On 29 January 2004, an amended stormwater plan was submitted due to an error on the previous plan submitted with the application. Furthermore, the applicant advises that a front fence does not form part of their application.


ITEM 13 (Continued) 5. On 9 February 2004, a bushfire report prepared by a suitably qualified Fire

Assessor was submitted to Council. 6. On 23 February 2004, the proposal was advertised and adjoining property

owners notified for a period until 10/03/2004. 7. On 5 March 2004, a site inspection was carried out by Council’s Assessment

Officer. REFERRALS: Development Engineer, 25 February 2004: Council’s Development Engineer raises no objections to the proposal subject to 18 conditions of consent. (See conditions 49 to 66). Bushfire Consultant, 19 March 2004: Council’s Bushfire Consultant raises no objections to the proposal. No conditions are required relating to bushfire protection. Traffic Engineer, 15 April 2004: Council’s Traffic Engineer raises no objections to the proposal from a traffic, car parking and road safety perspective. OFFICER’S ASSESSMENT: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Infrastructure, Planning and Natural Resources' Guide to Section 79C – Potential Matters for Consideration. 1. Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance.

(i) Zoning

Residential 'A'. The erection of a duplex building is permissible with the consent of Council. (ii) Mandatory Requirements

Clause 56E specifies that the minimum site area for a duplex development is 580m2 and that the floor space ratio of the development must not be more than 0.5:1. The subject site is 665.4m2 and the application proposes a floor space ratio of 0.497:1.


ITEM 13 (Continued) In addition, Council must be satisfied that adequate arrangements have been made for the disposal of sewage and stormwater from each dwelling. Council’s Development Engineer has assessed the application with respect to stormwater disposal and raises no objection to the proposal subject to conditions. A condition of consent will ensure the proposal has been checked and stamped by Sydney Water’s Quick Check Agent prior to the issue of the Construction Certificate.

(b) Relevant SEPPs. None relevant. (c) Relevant REPs. None relevant. (d) Any draft LEPs. Non relevant. (e) Any DCP Dwelling Houses and Duplex Buildings Development Control Plan

The proposal is in compliance with the above Development Control Plan as illustrated by the development standards below.

Council's Code

Proposed

Compliance

Linear Separation

No villa or duplex development within double the frontage to either side of subject site.

Yes

Minimum Allotment Size

580m2 665.4m2 Yes Floor Space Ratio

0.50:1, 332.7m2 0.497:, 330.7175m2 Yes


ITEM 13 (Continued)

Council's Code

Proposed

Compliance

Setbacks

Front: When the streetscape is changing, not less than 7.5m for 50% of the frontage and not less than 6m for 50% of the frontage.

The duplex is setback 7.5 metres for the majority of the front façade and comes as close as 6 metres at the corner of the garage to Unit 1. The setback is sympathetic to adjoining property setbacks within the cul-de-sac.

Yes

Side: 1.5m (Two storey) 900mm (single storey)

1.5m (min) 1.05m (min)

Yes Yes

Eaves/gutters: 1275mm setback (two storey) 675mm setback (single storey)

900mm (min) 450mm (min)

No* No*

Height

7m (Upper ceiling) 9m (Ridge)

6.3m 7.6m

Yes Yes

Site Coverage

Two storey element is not to extend beyond the established building zone

The two storey element does not extend past the established building zone so as to have an adverse privacy, overshadowing or visual impact.

Yes

Parking

4 car spaces behind the building line

3 car spaces (garaged) behind building line and 1 car space is to be provided off the driveway.

No*


ITEM 13 (Continued)

Council's Code

Proposed

Compliance

Stormwater

Drainage is to piped in accordance with DCP No.41 “Stormwater Management”.

Stormwater to street gutter subject to conditions of consent.

Yes

NON-COMPLIANCES

Eaves setback to Boundary

The DCP requires two storey eaves/gutters to be setback 1275mm (minimum) from the allotment boundary and single storey eaves/gutters to be setback 675mm (min) from the allotment boundary.

The applicant proposes a two storey eaves/gutter setback of 900mm (min) and a single storey eaves setback of 450mm (min) from the side allotment boundary.

The eaves overhang of 450mm and gutter width of (150mm approx) is not considered to have any adverse impacts on the amenity of the adjoining properties or the streetscape. The eaves width proposed is similar to other dwellings within the Council area and provides for a more energy efficient dwelling.

Accordingly, the proposal is considered acceptable notwithstanding the eaves setback non compliance.

Parking

The DCP requires the provision of four (4) car parking spaces (behind the building line) for a duplex development. The DCP further adds that car parking may be provided in a tandem form.

The proposal, which provides for three garaged car spaces behind the building line and one open car space forward of the building line, is considered acceptable for the following reasons: -


ITEM 13 (Continued) • A four car garage will result in 70m2 (two 35m2 car spaces per dwelling) of

floor area able to be deducted from the FSR calculation and hence a larger, bulkier development.

• The objectives of the DCP are considered to be achieved with four (4) on-site car spaces provided.

• Council has consistently allowed two car spaces to be provided on the driveway for duplex developments. It is to be noted that only one car space is forward of the building line and separated from the main part of the driveway.

In summary, the proposed car parking arrangement is better than many other duplex developments in the locality and therefore is considered acceptable for approval.

Energy Smart, Water Wise Development Control Plan

Council’s Code

Proposed

Compliance

NatHERS Certification

Submission of a NatHERS Certificate with a minimum energy rating of 3.5 stars.

Unit 1: 3.5 stars Unit 2: 4 stars

Yes

Insulation

R3.0 or equivalent insulation is to be installed to any additional or replacement ceiling and roof. R1.5 insulation to walls

Insufficient information submitted with application.

No, however a condition of consent will ensure the required ceiling and roof insulation. (See condition 6.)


ITEM 13 (Continued)

Council’s Code

Proposed

Compliance

Hot Water Systems

New or replacement hot water systems must have a minimum 3.5 greenhouse score.

NatHERS certification does not specify type of hot water system proposed. Hot water system rating has been noted on the drawings however the HWS location on the floor plan has been omitted.

No, however a condition of consent will ensure full compliance. (See Condition 8.)

Water Efficient fixtures

New or replacement bathroom & kitchen taps shall be fitted with aerators, showerheads & toilet cisterns are to be AAA rated and toilets are to be dual flush.

Details of compliance are noted on the plans.

Yes

Clothes drying facilities

Clothes drying facilities are to be provided to the external yard space or a sheltered well ventilated space.

Location of external clothes lines are indicated on Landscape Plan submitted with the applications.

Yes

Stormwater Management Development Control Plan No. 41 The implications of this DCP have been considered with the assessment that has been carried out by Council’s Development Engineer. Section 94 Contribution Plan No. 1 The current application was lodged with Council on 2 January 2004 and therefore the contribution rates that were effective as of 1 December 2003 apply to this application.


ITEM 13 (Continued)

A Section 94 Contribution is required to be paid under the Section 94 Contribution Plan for services including Public Space, Stormwater Drainage and Administration. The total contribution is payable prior to the issue of the Construction Certificate and equates to $5569.00.

2 Likely impacts of the Development Built Environment

The duplex has been provided with varied elevations that add interest to the building and the siting of the duplex is considered to be appropriate, given the irregular shape of the block. The overall bulk and scale of the duplex is considered to be similar to other developments currently being erected in the locality. Windows to the rear and side elevations of the first floor have been confined to bedrooms and non habitable rooms (bathroom & en-suite) which are considered low use rooms or rooms generally occupied at night and are not considered to result in an adverse privacy impact. No first floor balcony is proposed. Windows along the north west side of the duplex (ground floor) do not face adjoining living area windows and do not directly overlook adjoining private open space. Windows on the south east side of the duplex (ground floor) are located so that there are no direct views towards adjoining windows or private open space. The living room windows are opposite the detached garage at No. 1 Ivy and the kitchen window is located over a kitchen bench that prevents persons standing at the window. Adequate screen vegetation exists along the rear of boundary that prevents any adverse privacy impacts towards the rear. In summary, the privacy impacts of the development are minimal.


ITEM 13 (Continued) The adjoining property will receive more than the minimum solar access required by the DCP being not less than 2 hours sunlight to 50% of the principal ground level private open space between 9am and 3pm in mid-winter and not less than 3 hours to a portion of the surface of north facing living area windows between 9am and 5pm. Overall, the proposed dwelling will not adversely impact on the amenity of adjoining properties or the streetscape of the area. Accordingly the impacts of the proposed development on the built environment are considered acceptable.

Natural Environment

The proposed development will have no significant impacts on the natural environment. There are no trees over 5 metres on the subject site and trees to adjoining properties will not be adversely affected by the proposal. Several small shrubs will have to be removed to accommodate the development, however substantial new landscaping is proposed to the site.

3 Suitability of the site for the development

The site is zoned residential and the development is similar in size and built form to other residential properties in the locality. The site is not classified as a heritage item or within a heritage conservation area. The site is bushfire prone as identified by Council’s Environmentally Sensitive maps. It is to be noted however, that no objections are raised by Council’s Bushfire Consultant. In this regard, the proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environments.

4 Any submissions received

Yes, refer to ‘SUBMISSIONS’ below.


ITEM 13 (Continued) 5 The Public Interest

The erection of a duplex is not considered to adversely impact upon the interest of the public.

SUBMISSIONS: The proposal was advertised and notified in accordance with Council’s Notification Development Control Plan for a period ending on 10/03/2004. During the advertising and notification period, seven (7) submissions were received. Issues raised: Privacy impacts towards No. 1 Ivy Street Comments: As discussed previously in this report under ‘Built Environment’, the privacy impacts of the proposal are minimal. Overshadowing of No. 1 Ivy Street Comments: As discussed previously in this report under ‘Built Environment’, the overshadowing impacts of the proposal are minimal and comply with the requirements of DCP No. 17A. Noise impacts towards No. 1 Ivy Street and within street (increased traffic) Comments: The noise impacts associated with the residential use of the site are considered to be minimal. The proposal maintains the minimum wall setbacks required by DCP No. 17A for both a duplex and single residential dwelling-house development. Car parking/traffic/safety of children using street Comments: Council’s Traffic Engineer has provided the following comments in relation to the issues of concern. The proposed duplex which provides four (4) on site car spaces, will generate 3 or 4 additional vehicle trips per day which would be easily accommodated within the local road network.


ITEM 13 (Continued) It is noted that due to Ivy Street being narrow in width and short in length, any additional street parking would add to alleged congestion, however there are similar narrow streets within the Council area. Being a cul-de-sac, through traffic will not be affected by street parking. Further, a narrow width due to parked cars would restrict speeding in Ivy Street. From a traffic and car parking perspective, no objection is raised to the duplex development.

Landscaping Comments: The proposal incorporates substantial landscaping to the site as per the Landscape Plan submitted with the application. It is to be noted that this information was not notified to neighbouring properties. The single driveway which extends out wider to accommodate entry into to each of the garages is considered to be acceptable. New vegetation to the site includes grassed areas to the front and rear yards as well as amenity screen planting around the perimeter of the site. Inaccuracy of shadow diagrams when compared to shadow diagrams for the approved development at No. 3 Ivy Street

Comments: The shadow diagrams taking into consideration the location of true north appear to be accurate. When compared to the shadow drawings for the development at No. 3 Ivy Street and the orientation of these two sites, the shadow drawings also appear accurate. The shadow drawings for the development at No. 3 Ivy Street have been attached to the file for reference. Being on the high side of the street the two storey nature will be high and overpowering. Comments: The proposal is well below the maximum ceiling height and overall height permitted by DCP No. 17A. Although the proposal is larger than other dwellings within the cul-de-sac, it is to be acknowledged that the overall bulk and scale is similar to other dwellings within the locality, particularly new development.


ITEM 13 (Continued) Precedent for other similar development. Comments: Council’s Linear separation requirements would prevent any other duplex or villa proposal within double the frontage of the subject site or double the frontage from any neighbouring site to the subject site. Any other proposal for a similar development would also be considered on its merits. CONCLUSION: The proposal substantially complies with the provisions of the Dwelling Houses and Duplex Buildings Development Control Plan, Energy Smart, Water Wise Development Control Plan and can be made to comply with the provisions of the Building Code of Australia, 1996. The proposal does not adversely impact on the built and natural environments and is considered to maintain the existing residential amenity of the area. Accordingly, the proposal is considered appropriate for approval subject to conditions. RECOMMENDATION: (a) That Local Development Application No. 2/2004 at 2 Ivy Street, Ryde, being LOT: 2 DP: 29353 be approved subject to the following conditions; 1. Development is to be carried out in accordance with the Plans: Drawing No. 4230

D1, 4230 D2, 03063-H1A, L01/1-R8403 dated 1.01.04 and support information submitted to Council.



landscape plan/concept plan submitted with the development application (Drawing No. L01/1-R8403 dated 1.01.04 and prepared by Michael Siu Landscape Architect Pty Ltd).

4. Each dwelling shall achieve a minimum 3.5 Star NatHERS energy rating.


ITEM 13 (Continued) 5. New or replacement bathroom & kitchen taps shall be fitted with aerators, showerheads & toilet cisterns are to be AAA rated and toilets are to be dual flush. Details are to be noted on the plans submitted with the Construction Certificate. 6. Minimum R3.0 or equivalent insulation is to be installed to ceiling and roof. Minimum R1.5 or equivalent insulation is to be installed to walls (except cavity brick walls). Details are to be noted on the plans submitted with the Construction Certificate. 7. A clothes line is to be provided to the rear yard or sheltered well ventilated space. 8. Any hot water systems installed as part of the development must achieve a

minimum 3.5 Star Greenhouse Score. The energy rating of the hot water system should be visible on the product at the place of purchase. The location and energy rating of the new hot water system is to be reflected on the plans submitted with the Construction Certificate.


Certifying Authority to monitor compliance with Council’s approval and the relevant standards of construction encompassing the following stages of construction:

a) Foundations/footings b) Retaining walls c) Floor, wall and roof timbers d) Installation of smoke detection and alarm systems e) Stormwater drainage f) Finalisation of works


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



ITEM 13 (Continued)





Certifying Authority (and Council, if Council is not the PCA) that the method of Termite Protection has been provided in accordance with Part 3.1.3 of the Building Code of Australia and the requirements of the Australian Standard 3660.1.


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


Certifying Authority (and Council, if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with Part 3.7.2 of the Building Code. Location details are to be submitted and approved by Council or an accredited certifier prior to the release of the Construction Certificate.


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

a) Prior to construction of each floor/floor slab showing the area of the land,

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

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


the natural ground level.


ITEM 13 (Continued) 17. The applicant is to submit to and have approved by Council or an accredited

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




20. The wall separating dwellings is to have an F.R.L. not less than 60/60/60

extending to the underside of the roof. 21. A contribution for the services in Column A and for the amount in Column B shall


A B Public Space $4605.00 Stormwater Drainage $915.00 Administration $49.00 The total contribution is $5569.00

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Contribution Plan No. 1 (2001 Amendment) adopted by Ryde City Council on 9/10/01. The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the "Implicit Price Deflator – Gross Fixed Capital Expenditure – Total Public" index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on an annual basis in accordance until such time as the contribution is paid.




ITEM 13 (Continued) 23. Enforcement levy is to be paid to Council on lodgement of the Construction



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

25. The applicant is to submit an application, pay the required fee and have issued

street alignment levels by Council prior to the issue of the Construction Certificate.

26. Documentary evidence of compliance with Conditions 21, 22, 23, 24 & 25 to the

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

27. Sydney Water



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


a) During the entire construction phase a sign shall be fixed on site indicating the builder’s or a contact person’s name and contact phone number.


entitled “Amenities for Construction Work”.



ITEM 13 (Continued) 31. At all times work is being undertaken within a public road adequate precautions



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


road, footpath, park or Council owned land. 34. Adequate precautions must be taken to control the emission of dust from the site


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

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




IMPORTED FILL 38. All imported fill must be validated by an experienced environmental consultant to

ensure that the material is virgin excavated natural material (eg. clay, gravel, sand, soil and rock) that is not mixed with any other waste and: (a) has been excavated from areas that are not contaminated, as a result of




ITEM 13 (Continued) 39. A copy of the validation report must be submitted to the Principal Certifying







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

requirements of AS2601.1991 (The Demolition of Structures). 44. Security fencing shall be provided around the perimeter of the building/demolition



a) During the entire construction phase a sign shall be fixed on site indicating the builder’s or a contact person’s name and contact phone number.


entitled “Amenities for Construction Work”. 47. At all times work is being undertaken within a public road adequate precautions



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


ITEM 13 (Continued) General Engineering Conditions 49. Design and Construction Standards. All engineering plans and work shall be











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


ITEM 13 (Continued) c) I have carried out all tests and inspections necessary to declare that the









ITEM 13 (Continued)

55. On site stormwater detention tank. All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 metres in depth must be fitted with step irons.











ITEM 13 (Continued)













ITEM 13 (Continued) • Confirming that the on-site detention system will function hydraulically in

accordance with the approved design. • Confirming that after completion of all construction work and landscaping, all

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



removed and the kerb and footpath reinstated to the satisfaction of Council. 63. Footpath Paving Construction. The applicant shall, at no cost to Council,

construct standard concrete footpath paving across the frontage of the property. Levels of the footpath paving shall conform with levels issued by Council's Engineering Services Division.



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


66. Drainage Construction. The stormwater drainage on the site is to be constructed

in accordance with plan 03063-H1A prepared by GJS Consultants Pty Ltd.


ITEM 13 (Continued) ADVISORY CONDITIONS













1) All excavations and backfill associated with the erection or demolition of a

building must be executed safely and in accordance with appropriate professional standards.



ITEM 13 (Continued) 3. Retaining walls and drainage



b) adequate provision must be made for drainage 4. Protection of Public Places



2) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

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

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











ITEM 13 (Continued) 7. City of Ryde will not issue a Construction Certificate without evidence of Home


is 1a.

9. Energy Australia




11. Australia Post


12. Development Control Plan No. 27 sets out your obligations for waste management. 13. Demolition of the existing structures on the site will be subject to a separate

Development Application to Council. (b) That the persons who made submissions be advised of the decision.

Liz Coad Amanda Esposito Manager Environmental Assessment Environmental Assessment Officer



City of Ryde




Tel: 9952 8222 Fax: 9952 8070


2B

37A

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1

COPYRIGHT


ALL RIGHTS RESERVED


Date: 19/04/2004



ITEM 13 (Continued)


ITEM 14 34 RYEDALE ROAD, DENISTONE. LOT: A DP: 417402. Local Development Application to construct Urban Housing development consisting of 2x3 and 1x2 bedroom villas. LDA 646/2003. Applicant: Roger Jong Yeol Seo.


EXECUTIVE SUMMARY

This report considers an application for construction of an Urban Housing development consisting of 3 villas and strata subdivision. Six car-parking spaces will be provided on the site. The development generally complies with the provisions of the Ryde Planning Scheme Ordinance (RPSO) and the Urban Housing Development Control Plan (DCP No. 21A) with exception of site coverage and visitor car parking requirement. Despite the non-compliances, the proposed development meets the objectives of the design standards prescribed in the DCP. The proposed variation will not adversely affect the amenity of any adjoining property or the streetscape. Three (3) submissions were received. It is recommended that the application be approved subject to the recommended conditions of consent. Reason for Referral to Development Committee: Nature of development and submissions received. SITE: (Refer to attached map.) Address : 34 Ryedale Road, Denistone Site : Site 1073m2 Frontage 23.47 metres Depth 45.72 metres


ITEM 14 (Continued) Topography and Vegetation : The site has approximately 3.0m southerly fall across the

site. There are no significant trees on the site. Existing Buildings : Single storey dwelling with basement garage. PLANNING CONTROLS: Zoning : Residential 'A' Other : Ryde Planning Scheme Ordinance Urban Housing Development Control Plan (DCP No.21A) Waste Minimisation and Management DCP Stormwater Management DCP Energy Smart, Water Wise DCP Access for People with Disabilities DCP Fencing DCP DEVELOPMENT PROPOSAL SUMMARY:

• Construction of 2 x 3 bedroom & 1 x 2 bedroom villa units • Strata subdivision of resultant development

PROPOSAL: Consent is sought to erect 2 x 3 bedroom & 1 x 2 bedroom villa units and strata subdivision. Five car-parking spaces will be provided on the site for the residents and one space for the visitors. Villas will be constructed of brick with a concrete tile roof. HISTORY: Following a preliminary assessment of the application, a letter was sent to the applicant advising that it would be necessary to undertake amendments to ensure that the development complies with the Urban Housing DCP. The issues raised included the following:


ITEM 14 (Continued) 1. It appears that none of the proposed garages and visitors car parking spaces

comply with AS 2890.1. The site plans are to show the turning manoeuvrability for all garages and visitor spacings using the B85 Design template. The design must conform to AS 2890.1 Section 5.4 and Council’s Environmental Standards Development Criteria Section 1.

2. Details of the management of overland flow so that there are no adverse impacts

on adjoining properties due to the alteration of property levels. 3. The new driveway crossing is in the path of significant gutter flow flowing down

Ryedale Rd. Lowering the kerb height for this layback and locating it on the higher side of the kerb inlet drain will allow gutter flow to enter the front of the subject property before it has a chance to enter the drain. The new driveway crossing will need to be located on the lower side of the existing kerb inlet pit in front of the subject property.

The architectural and landscape plans are to be amended to reflect this change.

4. The proposed property drainage pipes through the courtyard area along the

southeastern side are approximately 0.5m higher than existing surface levels and are directed against the natural surface grade to the OSD tank. Details of finished surface levels on the southern elevation suggest it might be difficult to drain stormwater in the direction proposed. More information is required regarding finished surface levels and site drainage, as well as the means of support of the raised levels relative to the adjacent properties at the southwestern and southeastern boundaries.

5. The plans show the connection to Council’s drainage pit in Ryedale Rd is in the

opposite direction to flow in Council’s pipe. If connection is to be made to Council’s drainage pit, a hydraulic analysis of the road drainage system to ensure that the on site detention system does not back up during the 100 year Average Recurrence Interval event must be submitted.

6. Otherwise an alternative drainage design showing a private stormwater discharge

from the OSD tank should be connected to the buried pit located under the footpath, 2.4m closer to the front property boundary than the pit at Ryedale Rd.

Connection to this pit should be at an appropriate angle and depth so that it is not against the direction of flow.


ITEM 14 (Continued) 7. Confirming that the footings adjacent to the drainage easements have been

constructed to below the zone of influence. The location and depth of the pipe must be ascertained by a registered surveyor in accordance with Council’s Stormwater Management DCP No.41

8. The OSD tank abuts the edge of the easement and is to be relocated clear of the

3.05m wide drainage easement. Foundations of this tank within the zone of influence of the pipeline must be taken to a depth below the load-bearing zone of the Council pipeline.

9. The location of the below ground detention tank is to be relocated outside the

overland flow path 10. The 225mm∅ uPVC pipe must be at a grade of at least 1% according to DCP

No.41. Reworked invert levels are required showing the 225mm∅ uPVC pipe draining site stormwater to the OSD tank is at a grade of at least 1%.

Planning Issues The proposal has been assessed against the requirements of Urban Housing DCP, Ryde Planning Scheme Ordinance and the results of the public notification. The following issues needs to be addressed: 11. The drawings indicate that cut and fill is proposed on the site. However, the level

of cut along the north-western boundary and level of fill along south eastern boundary has not been clearly indicated on the plans. Natural ground levels and their relationship to proposed floor, ground and driveway levels are not indicated on the plans. East elevation submitted with the plan does not correctly represent the existing topography of the site.

You are requested to submit a section drawing (across the property) showing the natural ground levels and the proposed altered levels. Cut and fill must not exceed 300mm and the proposed floor levels must not be higher than 1m than the adjoining property.

12. Details and height of the proposed retaining walls have not been indicated. 13. Clause 4.12 - On-site detention tank should not be located in the front setback as

this limits the opportunity for landscaping. Please address this issue to support your application.


ITEM 14 (Continued) 14. Direct overlooking of main internal areas and private open spaces of other

dwellings is minimised by building layout, location, design of windows and screening devices and landscaping. Direct views between living area windows of adjacent dwellings should be screened or obscured. In accordance with Clause 4.7 direct views from living rooms of dwellings into the principal area of private open space of adjoining dwellings should be screened or obscured within a privacy sensitive zone of a 12m radius.

15. Clause 4.8 of the Urban Housing DCP requires that buildings must be sited and

designed to maximise access to winter sun to ground level private open space of new and neighbouring dwellings. Sunlight to at least 50% of the principal area of ground level private open space of adjacent properties must not be reduced to less than two hours between 9am and 3pm on June 21.

16. Council has received submissions from the adjoining property owners, raising

concerns regarding the impact of the proposal on the privacy and access to sunlight. You are requested to address all the issues raised. Copies of the submissions have been attached for your immediate attention.

The applicant submitted amended plans addressing the above issues on 2 March 2004. This report addresses the amended plans. REFERRALS: Development Engineer, 19 March 2004: The following comments were received: Overland Flowpath According to information available Council studies show that 0.68m3/s of overland flow from the direction of the grounds of Ryde Hospital on the opposite side of Ryedale Rd crosses Ryedale Road with most of the flow passing through No.24 to 30 Ryedale Rd. The detention tank has been relocated outside the overland flow path. Stormwater Disposal The proposed villa development is to have the stormwater runoff collected and conveyed to the proposed below ground on-site detention tank located within the front courtyard adjacent villa one. The applicant proposes to capture 100% of the total site area draining to the detention tank. The OSD has a Ø150mm UPVC outlet pipe that is to be connected to Council’s existing Ø900 pipe within the 3.05m wide drainage easement, which is acceptable.


ITEM 14 (Continued) The courtyards for villa 1 and 2 can have porous pavers adopted to allow for stormwater infiltration. Site Access A longitudinal section of the driveway has been prepared by GJS Consultants. The driveway has a grade less than 6% which complies with AS2890.1 and Council’s Driveway Criteria. The turning manoeuvrability is quite tight for vehicles to exit the site in a forward direction, however using the B85 design template appears to be achievable subject to the landscape area adjacent to bedroom 1 of villa 2 setback. Engineering Recommendation From an engineering perspective there are no objections to approval of this application subject to the landscape area adjacent to bedroom 1 of villa 2 setback to provide adequate turning manoeuvrability. The drainage plan 03021-H1C Rev.’B’ has been stamped and registered for the approval with the Construction Certificate application. Approval is recommended subject to recommended conditions. Drainage Team, 8 December 2003: The following drainage issues will need to be resolved prior to the application being further assessed. Issue 1: The level of the existing ground along the southern boundary is significantly lower than the proposed floor levels. Any modification to the existing ground levels would change the direction of flow resulting more water to flow towards the neighbour’s swimming pool area and cause inundation. Therefore special consideration needs to be given to maintaining the status quo with respect to overland flow and also address the issue of levels for the proposed courtyard.

Issue 2: from the comments made by the Drainage Team dated 24 September 2003 remains unresolved. The applicant has two options:

• Option 1: The applicant relocate the proposed driveway crossing to the lower side of the kerb inlet pit

• Option 2: The applicant relocate Council’s kerb inlet pit to a higher position to allow a driveway crossing to be constructed closer to the northern boundary and on the lower side of the kerb inlet pit. The cost of this option would be significant and would be borne by the applicant.


ITEM 14 (Continued) The architectural and landscape plans are to be amended to reflect whatever option the applicant chooses. Note: Applicant has adopted Option 2. Landscape Architect, 21 October 2003: No significant trees will be removed from the site. Traffic Engineer, 5 August 2003: No objection to the proposal subject to a condition that all vehicles must leave and enter the property in a forward direction. OFFICER’S ASSESSMENT: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Infrastructure, Planning and Natural Resources' Guide to Section 79C – Potential Matters for Consideration. 1. Relevant Provisions of Environmental Planning Instruments: (a) Ryde Planning Scheme Ordinance.

(i) Zoning




ITEM 14 (Continued)


Proposal

Compliance

Density 1x2 bedroom dwellings @ 300m2

2x3 bedroom dwellings @330m2

Required: 960m2

1073m2

Yes

Landscaping 120m2 per dwelling 218.2m2 per dwelling. Yes Height Single storey 4 metres

Single storey 3.8 metres

Yes Yes


Total of 5 resident spaces and No visitor space required but 1 provided.

Yes Yes

(b) Relevant SEPPs. There are no State Environmental Planning Policies (SEPPs) relevant to the current proposal. (c) Relevant REPs. There are no Regional Environmental Plans (REPS) relevant to the current proposal. (d) Any draft LEPs. The objectives of Ryde Local Environmental Plan 129 is to amend certain provisions of Council’s Planning Scheme so that it is consistent with the new Development Control Plan for Urban Housing (DCP 29A). This draft planning instrument is currently under consideration with the NSW Government. The statutory provisions of the Ryde Planning Scheme Ordinance are valid until the gazettal of the new instrument.


ITEM 14 (Continued) The draft planning instrument intends to amend controls in respect of density and height as well as introducing linear separation into a LEP rather than a DCP. (e) Development Control Plans Urban Housing Development Control Plan 21A Urban Housing Development Control Plan Requirements

Proposal

Compliance



Road frontage – min 20metres 1073m2 23.47metres

Yes Yes



Yes

Density and site coverage 1 x 2 bedroom @ 300m2 2 x 3 bedroom dwelling per 330m2 of site area (subject to Ryde LEP 129 gazettal). Minimum area of 960m2. Site coverage not to exceed 40%. Permeable area not to be less than 35% or 375.5m2.

1073m2

39% 535.6m2

Yes Yes Yes



Unit 1 – 40.5m2 Unit 2 – 42.0m2

Unit 3 - 120m2

Yes Yes Yes


3 units only Total of 3 units.

N/A Yes


ITEM 14 (Continued) Urban Housing Development Control Plan Requirements

Proposal

Compliance


The site is lower than street with cross slope of 1 in 8

Yes


Variable 600mm cut for driveway supported by retaining wall

No1

Setbacks Primary Frontage – 7.5 metres as streetscape is likely to change. Variation of 1 metre for no more than 50% of elevation. Setback should be 7.5 metres or 6.5 metres for 50% of the elevation.

9.5 metres (as adjoining)

Yes

Side and rear


North elevation – 3 metres to 7.5 metres. (16% of unit 3 is 3.0 metres). Southern elevation – 4.5 metres to 3.0 metres. (25% of elevation is 3.0 metres). West (rear) elevation – 3m- 4.5m (47% =3m)

Yes Yes Yes



Yes Yes

Car parking 2 parking spaces for each 3 bedroom unit & 1 for 2 bedroom 1 visitor parking space for every 2 dwellings.

5 spaces. 1 visitor parking provided with a separate driveway.

Yes No2


ITEM 14 (Continued) Variations 1. Site Level The DCP restricts alteration of site levels by a maximum of 300mm. However, the proposed driveway, which is located substantially away from the side boundary, will be partly excavated to 600mm to achieve a suitable gradient. The edges will be supported by retaining wall within the subject allotment. No adverse impact is envisaged. 2. Visitor Car parking The DCP requires that 1 visitor parking space be provided per 2 villa units. This new requirement will be enforceable once the Draft LEP No. 129 is gazetted and the existing requirement of 1 visitor parking per 4 villa units is replaced. For the proposed 5 villas, 2 visitor spaces are proposed, which is considered satisfactory. Development Control Plan No. 27 – Waste Minimisation and Management The proposal does not include demolition at this stage. Future demolition will be subject of a separate application. An advisory condition is recommended requiring the applicant to submit a Waste Management Plan with any future Development Application for demolition works (See Advisory Condition 16). Fencing DCP A front and return fence is not proposed as part of this application. Side and rear fencing is proposed being lapped and capped construction. Issues were raised by the adjoining property owner on the south regarding the overall height of the fence because of the presence of a 700mm – 800mm high retaining wall. Appropriate conditions have been recommended to address this issue (see conditions 4 & 5). This is satisfactory under the Fencing DCP and the DCP No.21A. Development Control Plan No 37 – Access for People with Disabilities Council’s DCP requires Class 1a buildings to have an accessible path of travel from the street to and through the front door, where the level of land permits. Developments of 4 or more dwellings must be designed so that not less than 50% of the dwellings can be accessed from the street, common and car parking areas by people with disabilities.


ITEM 14 (Continued) The proposed development consists of only 3 villas and the proposed arrangement is satisfactory. Development Control Plan No 45 – Energy Smart, Water Wise Appropriate conditions will be imposed regarding roof and wall insulation, energy efficient devices and appliances to ensure that the design principles of the DCP are achieved (See Conditions 6 & 7). Section 94 Contributions Plan No. 1 (2001) Council’s Section 94 Contributions Plan requires a contribution for the provision of additional Local Open Space required as a result of new developments. The contribution is calculated based on the number of dwellings. As the number of dwellings is being increased from a single detached dwelling to two villa units, the contribution is calculated as follows: Existing Occupation to be replaced: 3.0 person/ dwelling Proposed 2 x 2 bedroom villas: 2.2 person/dwelling x 2 dwelling Public Space Stormwater Administration [(Proposed) - (Existing)] [($5125x3) – $6990] $15375 - $6990



TOTAL

$8385.00 $1677.00 $126 $ 10 188.00 Condition No. 30 has been recommended to require the applicant to pay the above contribution prior to the issue of Construction Certificate. Note: The rate applicable prior to September 2003 has been used. 2 Likely impacts of the Development The proposal comprises single storey brick-veneer building consistent with the neighbourhood character. Variation in the roofline and walls is considered adequate articulation to provide interest to the appearance of the building. The proposed three-villa development is of a low scale and is in harmony with the topography of the site.


ITEM 14 (Continued)

The impact of the proposed development on the existing built environment and particularly the streetscape and neighbouring properties is minimal. Given the proposal's compliance with Council's DCP the proposed Urban Housing development is acceptable. The privacy of the adjoining properties will be maintained due to the provision of a 1.8 metre high boundary fence and landscaping. 3 Suitability of the site for the development The site is not classified as a heritage item or is subject to any natural constraints such as flooding or subsidence. In this regard, the proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environment. 4 Any submissions received Three submissions were received and are discussed later in this report. 5 The Public Interest None applicable in this instance. SUBMISSIONS: The proposal was advertised and notified in accordance with Council’s Development Control Plan for Notification of Development Application. The application was advertised in the press on 23 July 2003. Notification of the proposal was for a period of 21 days ending on 14/8/2003. During this period 2 submissions were received. Issues raised in these submissions are discussed under items ‘a – e’ below. The applicant was advised to address various issues including the issues raised in the submissions. The applicant submitted amended plans on 2 March 2004. Amended plans were re-notified on 22 March 2004 until 6 April 2004. During this period 1 submission was received. The issues raised in this submission are discussed under item ‘f’ below.


ITEM 14 (Continued) The issues raised in the submissions are discussed below: a) The retaining wall being built on the boundary of 34 and 36 Ryedale Road will not

be adequate and could cause further slippage and cracking of my house.

Officer’s Comments The retaining wall has been moved away from the common boundary and now runs along the edge of the driveway, which is 1m – 2.5m from the boundary. The adjoining dwelling is located approximately 3.5m away from the boundary providing satisfactory setback between the dwelling and the retaining wall. The retaining wall would be of a minimal height (approximately 300mm) and would cause no structural impact to the adjoining house.

b) The driveway is being moved from the southern side of the property to the northern side. This now means a loss of privacy for the adjoining residents.

Officer’s Comments

Since basement garage is not permitted with Urban Housing development, the driveway has been moved to the higher side of the site. The proposed driveway will run parallel to the existing driveway on the adjoining property. In order to address the issue of privacy, the driveway has been setback from the common boundary, cut in ground by 300mm and a 1.8m high lapped and capped fence is proposed with a landscaping strip along the boundary.

c) The alignment of new residence is in line with my residence whereas the existing

building starts much further down the block. The bedroom windows of villa 1 will face the driveway of 36 Ryedale Road, causing a lack of privacy. The garage of villa 1 faces my property and looks straight into my backyard at lot 36. At present there is no fence on this boundary as there has never been the necessity to have one there. This is a lack of privacy as it also looks onto the back door of my house.


The proposed front setback is in line with the adjoining dwellings as required by the Urban Housing DCP. Further, there is only 1 bedroom window from Villa 1, which faces the adjoining residence to the north. Garages and bedrooms do not cause privacy concerns.


ITEM 14 (Continued) A greater emphasis is placed on maintaining privacy between living areas and private open space then bedrooms and garage openings. In this instance, the garage and bedroom window are set back at a distance of 7.0m from the common boundary. With the proposed 1.8m (and the adjoining building is on the higher side) this will provide adequate abatement for any potential privacy impact.

d) My new employment involves shift work and will necessitate me having to sleep

during the day. Accordingly this will make it very difficult for me if there are building works at 34 Ryedale Road.


The disturbances during construction stage is quite normal for such redevelopment works. It would be unreasonable for Council to refuse the application on the grounds that the building works will disturb the adjoining property owners. However, condition numbers 39 & 44 have been recommended restricting the times in which works may be carried out, and the level of noise.

e) The property owner on the southern side raised issues in relation to privacy,

overshadowing and impact of the proposed 1.8m fence on top of the existing 800mm retaining wall. The effective height of the fence will be 2.6m. This will cast a shadow over planting area against the fence, the pool, BBQ and the TV, dining and lounge room. However without the fence, the proposed development will cause a substantial loss of privacy to my home and pool area with a total of 4 bedrooms and a kitchen overlooking my property with the floor level of the development approximately1500mm above our floor level. If the development is to proceed my suggestions would be as follows:

• Lower the floor levels to reduce overlooking


The issue raised in relation to the fence was acknowledged and the applicant was advised to address the concerns. The applicant has agreed to reduce the overall height of the fence to 1.2m over the existing retaining wall. This will make the overall height to 1.8m. A 300mm high lattice screen will be permitted on top of the side fence on the southern boundary (see condition No 4 & 5). The objector was contacted on 19/1/04 via phone by the Assessing Officer to negotiate a mutual solution for the fence and privacy. The note is on file. The applicant has agreed to change the fence and relocate the bedroom windows.


ITEM 14 (Continued)

• Relocate the kitchen window of Villa 1 to face Ryedale Road. Officer’s Comments The kitchen window has been relocated as requested. • Delete the window of Bedroom 2, Villa 3 facing south and retain the window

looking to the rear of the site. Officer’s Comments The window has been deleted as shown in the amended plan.

• Leave the existing weldmesh fence and increase the planting along the boundary at least 1000mm inside the Villa property.


It was noted that the existing fence is in a poor state and needs to be replaced with the new development. The height of the new fence will be changed as discussed above. Landscaping strip along the fence is also proposed. This will satisfactorily address the concerns raised.

• Relocate the stormwater detention tank further north to retain the tree on the

corner of the property. Officer’s Comments The detention tank has been relocated in the amended plan.

f) I would like to bring to your attention my concern that the garage for villa one faces into my backyard. There is no mention on the plans for any fencing so that the occupants will not be able to look into my backyard.


A 1.8m high fence is proposed as shown on the floor plan and this will be constructed as part of the development.


ITEM 14 (Continued) CONCLUSION: The proposal generally complies with the provisions of the Urban Housing DCP and the RPSO. The design has adequately addressed the issues raised by the adjoining residents. The submissions received does not carry reasonable grounds to warrant a refusal of this application. The application is considered satisfactory for approval by Council, subject to the recommended conditions. RECOMMENDATION: (a) That Local Development Application No.646/2003 at 34 Ryedale Road, Denistone,

being LOT: A DP: 417402 be approved subject to the following conditions; 1. Development is to be carried out in accordance with Plans No. 1130-D01B, 1130-

D02B, L01/1 – R7401, 03021 – H1C and support information submitted to Council (except as amended by the following conditions).



Landscape plan no. L01/1 – R7401 that has been prepared by Landscape Architects Pty Ltd. The details are to include the type and location of bollard lighting to be provided throughout the development for the safety of occupants and visitors. Details are to be provided in the plans for the Construction Certificate.

4. The rear and side fence on the northern boundary shall comply with Council's

Development Control Plan and side boundary fence is not to exceed 1.8m in overall height and be equivalent to lapped and capped fence. Details of compliance are to be provided in the plans for the Construction Certificate.

5. The side boundary fence on the southern elevation (over the existing retaining

wall) must not be higher than 1.2m above the natural ground level on the site. A 300mm high lattice screen may be constructed over this fence. Details of compliance are to be provided in the plans for the Construction Certificate.




ITEM 14 (Continued) 7. Water Efficient Fixtures: Showerheads and toilet cisterns shall be at least AAA













ITEM 14 (Continued) 12. A certificate from a suitably qualified person is to be submitted to the Principal


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















ITEM 14 (Continued) 19. Perimeter of slabs to be provided with a drop-edge beam so as to provide face



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



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










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


ITEM 14 (Continued) 30. A contribution for the services in Column A and for the amount in Column B shall


A B Public Space $8 385.00 Stormwater Drainage $1 677.00 Administration $ 126.00 The total contribution is $10 188.00

31. Documentary evidence of compliance with Conditions 26 to 30 to the satisfaction





33. Sydney Water







ITEM 14 (Continued) 35. Sediment control works are to be installed and maintained in accordance with















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

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



ITEM 14 (Continued) 44. Only unpolluted water is to be discharged to Council’s stormwater drainage



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

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

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













shall be altered at the applicant’s expense.


ITEM 14 (Continued) 53. Restoration. Public areas must be maintained in a safe condition at all times.












ITEM 14 (Continued) Engineering Conditions to be complied with Prior To Construction Certificate 55. Driveway Grades The maximum grade of all internal driveways and vehicular





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

58. On site stormwater detention tank. All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 metres in depth must be fitted with step irons.


ITEM 14 (Continued) 59. Council Inspections. A Council engineer must inspect the stormwater

connection to the existing Council stormwater pipeline. Council shall be notified when the collar connection has been made to the pipe and an inspection must be made before the property service line is connected to the collar. The property service line must not be connected directly to Council’s pipeline.

60. Car parking The car parking area is to be design in accordance with AS 2890.1.

The landscape area adjacent to bedroom 1 of villa 2 is to be setback to provide adequate turning maneuverability for vehicles to enter and leave the site in a forward direction.









ITEM 14 (Continued) Engineering Conditions to be complied with Prior to Commencement of Construction 62. Sediment and Erosion Control. The applicant shall install appropriate sediment




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

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








ITEM 14 (Continued) • Confirming that the constructed internal car park and associated drainage

complies with AS 2890, the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.











ITEM 14 (Continued) 70. Positive Covenant. The creation of a Positive Covenant under Section 88E of



constructed in accordance with plan 03021-H1C Rev.’B’ prepared by GJS Consultants Pty Ltd.

Engineering Conditions to be complied with Prior to Subdivision Certificate 72. 88B Instrument. The submission of an instrument under Section 88B of the

Conveyancing Act 1919 plus 2 copies, creating any Easements Positive Covenants and restrictions on use, the Ryde City being the authority empowered to release vary or modify the same

73. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus 5

copies suitable for endorsement by the Chief Executive pursuant to Section 327 of the Local Government Act.

74. Certification Documents. The submission of all certification as required under

Local Development Consent 646/2003 prior to the release of the Subdivision Certificate.

75. Certification of Building Works. If Council is not the PCA then certification that

all building works as detailed in Local Development Consent No 646/2003 have been completed in accordance with that consent is to be submitted with the application for the Subdivision Certificate.

76. On-site Stormwater Detention Certification. The submission of certification by

a suitably qualified Civil Engineer for the on-site stormwater detention system, attesting the storage volume, discharge rate and satisfactory operation of the system prior to the release of the Subdivision Certificate.


ITEM 14 (Continued) 3. Excavations and backfilling

















ITEM 14 (Continued) 2) If necessary, an awning is to be erected, sufficient to prevent any substance














10. City of Ryde will not accept the Construction Certificate without evidence of Home


is: 1a.


ITEM 14 (Continued) 12. Energy Australia




14. Australia Post


15. You are required to submit a Waste Management Plan, with the application for

any future demolition works.


(b) That the persons who made submissions be advised of the Council’s decision.




COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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Date: 21/04/2004



ITEM 14 (Continued)


ITEM 15 53 ADELAIDE STREET, WEST RYDE. LOT: B DP: 355965. Local Development Application for construction of 2x3 bedroom villas and strata subdivision. LDA 39/04. Applicant: Yoko Ka Ling Chung.


EXECUTIVE SUMMARY

This report considers an application for construction of an Urban Housing development consisting of 2 x 3 bedroom villas and strata subdivision. Four resident car-parking spaces will be provided on the site. The development does not comply with the provisions of the Ryde Planning Scheme Ordinance (RPSO) and the Urban Housing Development Control Plan (DCP No. 21A) for minimum lot frontage, density and setback along the secondary frontage. The density complies with the requirements of the RPSO. Despite the non-compliances, the proposed development meets the objectives of the design standards prescribed in the DCP. The proposed variation to the standard will not adversely affect the amenity of any adjoining property or the streetscape. No submissions were received. It is recommended that the application be approved subject to the recommended conditions. Reason for Referral to Development Committee: Nature of development. SITE: (Refer to attached map.) Address : 53 Adelaide Street, West Ryde Site : Area 652m2 Frontage 19.53m metres (primary frontage) Depth 33.8m metres (The site is a corner lot with double frontage) Topography and Vegetation : Generally flat with no significant vegetation. Existing Buildings : Single storey dwelling


ITEM 15 (Continued) PLANNING CONTROLS: Zoning : Residential 'A' Other : Ryde Planning Scheme Ordinance Urban Housing Development Control Plan (DCP No.21A) Waste Minimisation and Management DCP Stormwater Management DCP Energy Smart, Water Wise DCP Access for People with Disabilities DCP Fencing DCP DEVELOPMENT PROPOSAL SUMMARY:

• Construction of 2 villa units • Strata subdivision of resultant development

PROPOSAL: Consent is sought to erect two 3-bedroom villa units. Four car-parking spaces will be provided on the site for the residents. Access to both the villas would be provided from the secondary street via a single driveway. Consent is also sought to strata subdivide the development. REFERRALS: Development Engineer, 28 January 2004: No objection subject to appropriate conditions of consent. Traffic Engineer, 14 April 2004: No objection to the proposed driveways from Huxley Street. OFFICER’S ASSESSMENT: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Infrastructure, Planning and Natural Resources' Guide to Section 79C – Potential Matters for Consideration.


ITEM 15 (Continued) 1. Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance.

(i) Zoning




Proposal

Compliance

Density 1 dwelling per 300m2 652m2 for 2 units =

326m2 per dwelling Yes

Landscaping 120m2 per dwelling 315m2 or 157.5m2 per

dwelling. Yes

Height Single storey 4 metres


Yes Yes


Total of 4 resident spaces No visitor space required.

Yes Yes

(b) Relevant SEPPs. There are no State Environmental Planning Policies (SEPPs) relevant to the current proposal.


ITEM 15 (Continued) (c) Relevant REPs. There are no Regional Environmental Plans (REPS) relevant to the current proposal. (d) Any draft LEPs. The objectives of Ryde Local Environmental Plan 129 is to amend certain provisions of Council’s Planning Scheme so that it is consistent with the new Development Control Plan for Urban Housing (DCP 29A). This draft planning instrument is currently under consideration with the NSW Government. The statutory provisions of the Ryde Planning Scheme Ordinance are valid until the gazettal of the new instrument. The draft planning instrument intends to amend controls in respect of density and height as well as introducing linear separation into a LEP rather than a DCP. (e) Development Control Plans Urban Housing Development Control Plan 21A Urban Housing Development Control Plan Requirements

Proposal

Compliance



Road frontage – min 20metres 652m2 19.53metres

Yes No1



Yes



Proposal

Compliance

Density and site coverage 1 x 3 bedroom dwelling per 330m2 of site area (subject to Ryde LEP 129 gazettal). Minimum area of 660m2. Site coverage not to exceed 40%. Permeable area not to be less than 35% or 228.2m2.

652m2

40% 315.2m2

No2 Yes Yes



Unit 1 – 93.75m2 Unit 2 – 82.5m2

Yes Yes


2 x 3 bedroom units Total of 2 units.

N/A Yes


The site is relatively flat with a slope of 1 in 40

Yes

Altering the levels of the site3 The levels of the site should not be altered by more than 300mm.

The development complies with this requirement.

Yes

Setbacks Primary Frontage – 7.5 metres as streetscape is likely to change. Variation of 1 metre for no more than 50% of elevation. Setback should be 7.5 metres or 6.5 metres for 50% of the elevation.

6.25 metres and 7.5 metres

No



Proposal

Compliance

Secondary Frontage Clear 4.5m setback from boundary

3.5m (35% of elevation) to 7.0m

No3

Side and rear


North elevation – 3 metres to 6.0 metres. (33% of unit 1 is 3.0 metres). Western elevation – 3.5 metres to 8 metres. (50% of elevation is 3.0 metres).

Yes Yes


Single storey 3.4 metres (at highest point)

Yes Yes

Car parking 2 parking spaces for each 3 bedroom unit. 1 visitor parking space for every 2 dwellings.

2 spaces per unit. 1 visitor parking provided with a separate driveway.

Yes Yes4

1. Minimum Frontage The underlying intent of the standard is to provide sufficient area across the lot for construction of a reasonable size dwelling after allowing for the side setbacks. This would also allow adequate aspect, outlook, private outdoor living areas while conforming with the established building character of the locality. The subject site is a corner lot with two frontages. While the primary frontage is under 20m in width, the secondary frontage is in excess of 30m and the building is fronting the secondary street. The proposed development has been accommodated on the site, substantially complying with all other requirements under the various Development Control Plans. 2. Site Coverage The proposal complies with the density requirements under the existing provisions of Ryde Planning Scheme Ordinance. However, the proposal is in breach of the site area specified under draft LEP 129 which is awaiting gazettal. The proposal complies with site coverage and landscaping requirement.


ITEM 15 (Continued) 3. Setback on secondary frontage The DCP requires that a clear 4.5m setback be provided along a secondary frontage. The proposal provides a highly articulated elevation and the setback ranges from 3.5m to 7.0m. Since the development contains only two villas (comparable to a duplex – for which building could be set back up to 2m from the boundary) no objection is raised. The non-compliance occurs for only 33% of the elevation. 4 Visitor parking space The proposal provides for one visitor parking via a separate driveway. However its location physically alienates it from the rest of the area associated with villa 2. The functionality of the space is poor and gives the impression that it is exclusively for villa 1. Additionally provision of the visitor space in this instance is at a cost of constructing a separate driveway. This will result in increased hard paved area on the site and an impact on the streetscape. It is recommended that the visitor parking space be not provided for this development for the following reasons: • The parking requirement under the existing provisions of the RPSO does not

require a visitor parking for this development. • The requirement for a visitor parking for two-villa development is pursuant to the

draft LEP 129 which has not been gazetted yet. • The proposed parking space will not be functional and has been proposed

merely to comply with the draft provisions at a cost of constructing a separate driveway and adverse impact on the streetscape.

• The deleted area can be better utilized as a landscaped area. Condition number 3 is recommended to delete the car parking space and the associated driveway and to landscape the area for a better outcome.

Development Control Plan No. 27 – Waste Minimisation and Management The proposal does not include demolition at this stage. Future demolition will be subject of a separate application. An advisory condition is recommended requiring the applicant to submit a Waste Management Plan with any future Development Application for demolition works (See Advisory Condition 16). Fencing DCP 1.0m high picket style fence is proposed for the primary and secondary frontage and 1.8m lapped and capped style fence is proposed for the side and rear boundaries. This is satisfactory under the Fencing DCP and the DCP No.21A.


ITEM 15 (Continued) Development Control Plan No 37 – Access for People with Disabilities Council’s DCP requires Class 1a buildings to have an accessible path of travel from the street to and through the front door, where the level of land permits. Developments of 4 or more dwellings must be designed so that not less than 50% of the dwellings can be accessed from the street, common and car parking areas. The proposed development provides a continuous path of travel to all of the dwellings. Development Control Plan No 45 – Energy Smart, Water Wise Certification has been obtained from Accredited NSW HER Assessor, which indicates that both the units will achieve a 4.5 star Nathers rating. Appropriate conditions will be imposed regarding roof and wall insulation, energy efficient devices and appliances to ensure that the design principles of the DCP are achieved (See Conditions 33 & 34). Section 94 Contributions Plan No. 1 (Amended 3 September 2003) Council’s Section 94 Contributions Plan requires a contribution for the provision of additional Local Open Space required as a result of new developments. The contribution is calculated based on the number of dwellings. As the number of dwellings is being increased from a single detached dwelling to two villa units, the contribution is calculated as follows: Existing Occupation to be replaced: 3.0 person/ dwelling Proposed 2 x 3 bedroom villas: 2.2 person/dwelling x 2 dwelling Public Space Stormwater Administration [(Proposed) less (Existing)] [($7236x2) – $9867] $14472 - $9867

[(Proposed) - (Existing)] [(1438x2) - 1961] $7 190 - $1961


TOTAL

$4605.00 $915.00 $49 $ 5 569.00 Condition No. 29 has been recommended to require the applicant to pay the above contribution prior to the issue of Construction Certificate.


ITEM 15 (Continued) 2 Likely impacts of the Development The proposal comprises single storey brick-veneer building consistent with the neighbourhood character. Variation in the roofline and walls is considered adequate articulation to provide interest to the appearance of the building. The proposed two-villa development is of a low scale and is in harmony with the topography of the site.

The impact of the proposed development on the existing built environment and particularly the streetscape and neighbouring properties is minimal. Given the proposal's compliance with Council's DCP the proposed Urban Housing development is acceptable. The privacy of the adjoining properties will be maintained due to the provision of a 1.8 metre high boundary fence. 3 Suitability of the site for the development The site is not classified as a heritage item nor is subject to any natural constraints such as flooding or subsidence. The proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environment. 4 Any submissions received The proposal was advertised and notified in accordance with Council’s Development Control Plan for Notification of Development Application. The application was advertised in the press on 28 January 2004. Notification of the proposal was for a period of 21 days ending on 19/2/2004. No submissions were received. CONCLUSION: The proposal generally complies with the provisions of the Urban Housing DCP and is unlikely to cause any significant adverse impact on the amenity of the neighbourhood. The application is considered satisfactory for approval by Council, subject to the recommended conditions.


ITEM 15 (Continued) RECOMMENDATION: (a) That Local Development Application No. 39/2004 at 53 Adelaide Street, West

Ryde, being LOT: B DP: 355965 be approved subject to the following conditions; 1. Development is to be carried out in accordance with Plans No. 16/01/04, L01/1-

R8405, 4630-D2, 4630-D1 and support information submitted to Council (except as amended by the following conditions).


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

3. The proposed visitor parking area and associated driveway and vehicular crossing

is to be deleted. The parking and driveway area is to be replaced with turf and appropriately landscaped. Amended plans reflecting the changes are to be submitted prior to the issue of Construction Certificate.



Landscape plan no. L01/1-R8405. The details are to include the type and location of bollard lighting to be provided throughout the development for the safety of occupants and visitors. Details are to be provided in the plans for the Construction Certificate.

6. Fencing shall comply with Council's Fencing Development Control Plan and side

boundary fence is not to exceed 1.8m in height and be equivalent to lapped and capped fence. Details of compliance are to be provided in the plans for the Construction Certificate.




ITEM 15 (Continued)











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



ITEM 15 (Continued) 13. A certificate from a suitably qualified person is to be submitted to the Principal















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




ITEM 15 (Continued) 22. Treads, risers and balustrades to comply with Part 3.9.1 & Part 3.9.2 of the









28. Sydney Water



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



ITEM 15 (Continued) 30. A contribution for the services in Column A and for the amount in Column B shall


A B Public Space $4 605.00 Stormwater Drainage $ 915.00 Administration $ 49.00 The total contribution is $5 569.00

31. Documentary evidence of compliance with Conditions 25 to 29 to the satisfaction









35. Water Efficient Fixtures: Showerheads and toilet cisterns shall be at least AAA




ITEM 15 (Continued) 36. Sediment control works are to be installed and maintained in accordance with















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







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

ensure that the material is virgin excavated natural material (e.g. clay, gravel, sand, soil and rock) that is not mixed with any other waste and: (a) has been excavated from areas that are not contaminated, as a result of













ITEM 15 (Continued) 53. Service Alterations. All mains, services, poles, etc., which require alteration













ITEM 15 (Continued) Engineering Conditions to be complied with Prior To Construction Certificate 56. Driveway Grades The maximum grade of all internal driveways and vehicular




A positive covenant shall be executed and registered against the title of any lot containing an on site detention system to require maintenance of the system in accordance with Council's standard terms. Any drainage pit within a road reserve, a Council easement, or that may be placed under Councils’ control in the future, shall be constructed of caste in situ concrete. Details are to be submitted with the Construction Certificate application.

58. Footpath A standard Council footpath is to be constructed along the property frontage. The footpath design is to be given by Council. The design is to be approved before the issue of the Construction Certificate. The footpath is to be constructed to Council’s requirements.




ITEM 15 (Continued)

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

60. Road Opening Permit. The applicant shall apply for a road opening permit where a new pipeline is proposed to be constructed within or across the footpath. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.









ITEM 15 (Continued) Engineering Conditions to be complied with Prior to Commencement of Construction 62. Sediment and Erosion Control. The applicant shall install appropriate sediment









• Confirming that the site drainage system servicing the development complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41




ITEM 15 (Continued) • Confirming that the vehicular crossing has been removed and the kerb and

gutter have been constructed in accordance with Council’s Environmental Standards Development Criteria









constructed in accordance with plan 06/01/04 prepared by B K Batshon.


ITEM 15 (Continued)

2) A certificate purporting to be used by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purpose of this clause, sufficient evidence that the person has complied with the requirements of that Part.















ITEM 15 (Continued) 6. Protection of Public Places



2) If necessary, an awning is to be erected, sufficient to prevent any substance















ITEM 15 (Continued) 10. City of Ryde will not accept the Construction Certificate without evidence of Home


is: 1a. 12. Energy Australia




14. Australia Post


15. A Waste Management Plan is required to be submitted to Council with your

Development Application when you are proposing any demolition works.

Should you wish to vary the information provided in this plan you are required to give written advice to Council of any changes.


(b) That the persons who made submissions be advised of the decision.



ITEM 15 (Continued) No submissions received

City of Ryde

Development ApplicationLDA04/39



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COPY RIGHT

© 2004 City of Ryde.© 2004 Land and Property Informat ion NSW.

ALL RIGHTS RESERVED

No part of this map may be reproduced wit hout written permission.

Date: 22/04/2004



ITEM 15 (Continued)


ITEM 16 35 FORD STREET, NORTH RYDE – Enforcement of Order to Demolish Unapproved Structure. File No. P277.35 The Group Manager Environmental Planning reports 23 April 2004: Objective To report to Council on action that Council could take in relation to a structure erected on the front boundary at 35 Ford Street. Legal advice has now been sought regarding Council’s options for the enforcement of the Order to demolish the structure. The applicant has also written to Council proposing a compromise in terms of reducing the size of the structure. Report The Development Committee at its meeting on 3 February 2004 considered a report regarding the issuing of an Intention to Serve a Notice for the removal of a structure (cubby house) erected on the front setback at a dwelling at 35 Ford Street, North Ryde. The structure is a large 2 storey structure built either right to the property boundary or potentially over the property boundary onto the street. A copy of the report considered by Council and the Development Committee at that time is ATTACHED. At the Council meeting it was resolved that: “Legal advice be sought on the best method to enforce the order to remove the unauthorised structure at 35 Ford Street, North Ryde.” Legal advice has been received and in addition Council received advice from the owner on 18 February 2004 outlining a proposal to modify the structure. A copy of this letter is ATTACHED. The proposal put forward by the owners includes:

• “To make the structure single storey;

• Plant a creeper to disguise the front of the structure

• Agree to a timeframe of perhaps 3 years after which time the structure would be removed.”


ITEM 16 (Continued) Council’s legal advice is confidential and is CIRCULATED UNDER SEPARATE COVER. RECOMMENDATION For the consideration of the Council. Sue Weatherley Group Manager Environmental Planning


ITEM 16 (Continued) PREVIOUS REPORT UNAUTHORISED STRUCTURE AT 35 FORD STREET, NORTH RYDE File No. P277.35 The Group Manager Environmental Planning reports 29 January 2004 Summary This report considers action taken to date regarding an unauthorised structure (cubby house) erected in the front setback of a dwelling at 35 Ford Street, North Ryde. It is recommended that Council consult with its solicitors regarding appropriate action to enforce the Order to remove the structure. Report Background In June 2003 Council received a complaint through its Customer Service Centre regarding a cubby house being built on the front property boundary at 35 Ford Street, North Ryde. A Council Officer inspected the site and noticed that a 2 storey cubby house was being constructed on the front setback. Such a structure would satisfy the definition of development and therefore require development consent. However, because of the nature and size of the structure such a development would be contrary to Council policies including the Dwelling House and Duplex Buildings Development Control Plan. The structure probably does not comply with the Building Code of Australia. The Officer spoke to the owners at the time advising them that the structure was unauthorised and should be removed. Council received a further complaint regarding the structure in September and an inspection revealed that the structure was still there. As a consequence, a Notice of Intention to Serve an Order was issued to the owners in early October. This Notice required for the structure to be demolished. The owners responded to the Notice requesting that the structure remain. They argued that they had constructed it soundly and that the structure was a cubby house for their children and was also being used by other children in the street. An inspection carried out in December revealed that the structure was still there and as a consequence an Order was issued requiring the structure to be removed.


ITEM 16 (Continued) PREVIOUS REPORT I met with the owners of the structure in January to discuss options and potential enforcement action. It was suggested to the owners that if they wish to put a case to Council for the structure to remain they would need to demonstrate that it was structurally sound and that it was built completely within their own property and not on public land. They may even wish to consider an option which would reduce the size of the structure. At that meeting I advised that the information regarding this should be provided to Council by 29 January 2004. At the time of preparing this report that information had not been received. Officer Comments Council has no information regarding the structural soundness of the cubby house. Part of the structure is in fact supported by the adjoining tree. This would bring into question the structural stability of the cubby house and at any time if there was a problem with the structure it is likely to collapse on a public roadway, in particular the adjoining footpath area. Regrettably, I believe Council should seek legal advice now on the best method to enforce the Order. Council does have the option under the Environmental Planning and Assessment Act to enforce the Order itself (remove the structure) or to prosecute the owners in court. RECOMMENDATION That legal advice be sought on the best method to enforce the Order to remove the unauthorised structure at 35 Ford Street, North Ryde. Sue Weatherley Group Manager Environmental Planning


ITEM 16 (Continued) PREVIOUS REPORT



Tel: 9952 8222 Fax: 9952 8070


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City of RydeCOPYRIGHT


ALL RIGHTS RESERVED


DISCLAIMER

This map has been compiled from various sources and the publisher and/orcontributors accept no responsibility for any injury, loss or damage arisingfrom its use or errors or omissions therein. While all care is taken to ensurea high degree of accuracy, users are invited to notify Council of any discrepancies.


Date: 29/01/2004


ITEM 16 (Continued)


ITEM 17 CONFIDENTIAL 6 CAM STREET, NORTH RYDE – Potential Prosecution for Unauthorised Building Works File No. LDA02/298-02 The Group Manager Environmental Planning reports 27 April 2004: Confidential Item

Pursuant to Section 10A(2)(g) of the Local Government Act 1993, this item is listed as confidential as it involves advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. Further, it is considered that discussion of this matter in open meeting would, on balance, be contrary to the public interest as it would unduly prejudice Council's ability to appropriately resolve this matter.


ITEM 17 (Continued) PREVIOUS REPORT 2 6 CAM STREET, NORTH RYDE. LOT: 30 DP: 26354. Local Development Application for windows alterations, roofline altered, ceiling heights altered, external walls altered and first floor decking increased in size. LDA 298.2/2002. Applicant: Ramsy Robosa.

The Group Manager Environmental Planning reports 24 November 2003: File No. LDA02/298-02 Report Background Council at its meeting of 7 October 2003 considered a Section 96 application to modify development consent no. 298/2002 at 6 Cam Street. The application was deferred pending the following matters: • A works as executed plan being prepared for the ground floor and the first floor so

that the floor space ratio of the building can be calculated accurately; • The Group Manager Environmental Planning organise a facilitation meeting

between the applicant and the owner of number 4 Cam Street to discuss any possible amendments to the application;

• The appointed PCA be reported to the Department of Infrastructure, Planning and Natural Resources (DIPNR).

This report deals with the first two elements of that resolution. • A works as executed plan has been submitted and the mediation meeting was

conducted on 17 November 2003. At the mediation meeting the parties agreed that the owner would cut back the side wall, above the floor level of the deck at the rear on the south east elevation such that it is no more than 60mm from the rear glass wall, subject to this wall remaining structurally sound.

• That the applicant will provide full privacy screens to the two bedroom windows to

the rear on the south east elevation. If these changes were made then Mr McFarlane would not have any objection to the variation of the height of the rear of the dwelling provided the variation is no more than 190mm as shown on the survey plan.


ITEM 17 (Continued) PREVIOUS REPORT 2 If Council is prepared to accept the amendments subject to these changes it is recommended that the appropriate course of action now would be for the applicant to be advised to submit amended drawings in accordance with the outcomes from the mediation meeting and that the Group Manager be authorised to use her delegations to approve the Section 96 once satisfactory plans are submitted in accordance with the Council resolution. RECOMMENDATION: For the consideration of the Committee. Sue Weatherley Group Manager Environmental Planning


ITEM 17 (Continued) PREVIOUS REPORT 3 6 CAM STREET, NORTH RYDE. LOT: 30 DP: 26354. Local Development Application for windows alterations, roofline altered, ceiling heights altered, external walls altered and first floor decking increased in size. LDA 298.2/2002. Applicant: Ramsy Robosa.

INSPECTED INTERVIEWED

Manager Environmental Assessment Reports 22 September 2003 FILE NO: LDA02/298

EXECUTIVE SUMMARY This report considers a proposal under Section 96, Modification No.298.2/2002, for approval of modifications that have already been carried out to a dwelling. LDA No. 298/2002 was approved on 19 August 2002 for alterations and first floor additions to an existing dwelling. The modifications carried out include; windows altered and added to side and rear elevations, roofline altered, ceiling heights altered, external walls altered and added and first floor decking increased in size. One submission was received from the adjoining property owner of No.4 Cam Street. It is recommended that the Section 96 application be deferred and a mediation be held between the owners of No.4 & No.6 Cam Street to reach an agreement on the building modifications. Reason for Referral to Development Committee: Work is completed, nature of the development and concerns from neighbour. SITE: (Refer to attached map.) Address : 6 Cam Street, North Ryde Site Area : 557.38m2 Frontage: 15.24metres Depth: 36.574metres


ITEM 17 (Continued) PREVIOUS REPORT 3 Topography and Vegetation : The site falls from the front to the rear of the property by

approximately 1.8m. The applicant has provided a landscape concept plan which shows that the site will be suitably landscaped on completion.

Existing Buildings : The development of alterations and first floor additions is

under construction. The amendments listed in the Section 96 Modification have already been carried out.

PLANNING CONTROLS: Zoning : Residential 'A' Other : Ryde Planning Scheme Ordinance Dwelling Houses & Duplex Buildings DCP No.17A DEVELOPMENT PROPOSAL SUMMARY: Consent is sought under Section 96 of the Environmental Planning & Assessment Act 1979 to amend an approved application for alterations and first floor additions to a dwelling house. All of the changes have already been completed. The changes include the following: Ground floor • An extra window has been added to the kitchen on the south east elevation. • The length of the deck at the rear of the property has been increased. On the

approved plans the deck was 2.870m wide. From the survey the deck has been increased to 2.9m.

• Adjacent to the deck on the south eastern elevation, the approved plans indicated a solid wall for 1.5m and then balustrade for the rest of the elevation. A solid wall has been constructed for the entire length of the deck. This wall extends 0.2m beyond the end of the deck.

• The window in the study on the northeastern elevation has been reduced in size. • The length of the ground floor has increased from the approved plans. The

increase is approximately 0.65m measured from the survey. First floor • The size of the timber deck at the front of the dwelling has increased. The

approved dimensions of the deck were 5.3m x 4.3m. The deck is now 6m x 4.3m.


ITEM 17 (Continued) PREVIOUS REPORT 3 • Deletion of three small windows in bedroom 1 on the northeastern elevation. • Reduction in the size of the window to bedroom 1 on the rear southwestern

elevation. • Reduction in window size in the southeastern elevation of bedroom 2. • 2 windows were approved in the bathroom on the southeastern elevation. This is

now a single window. • Additional window on the southeastern elevation of bedroom 3. • Bedroom 3 window on rear elevation has been centrally located. • Privacy screen on the southeastern elevation of the deck at the rear of the

dwelling has deleted. This has been replaced with a solid wall. • The length of the upper floor has increased by 0.13m based on the survey.

However from calculations done by the Assessment Officers it appears that the length has increased by approximately 1m.

Elevations • Floor to ceiling height of first floor has been increased from 2.7m to 2.77m. (The

applicant has claimed that the floor to ceiling height has actually been reduced as it was approved at 2.9m as this is the dimension scaled from the plan. This approach is incorrect as dimensions from a plan are always taken as accurate rather than scaling from the plans).

• The roof height over the deck at the front of the dwelling on the first floor has been reduced from 2700mm to 2400mm.

• Increased slope of the pitched roof by 2o. • The levels within the building have all been altered as demonstrated below:

Approved Constructed Ground floor 60.10

60.65 60.05 60.67

First floor 63.10 63.65

63.18 63.80

Ceiling level of first floor 65.80 66.39

65.97 66.60

Roof along southeast elevation Pitched roof Parapet roof

67.79 66.30 66.89

68.15 66.58 66.58

Roof along northwest elevation Parapet roof

66.30 66.69

66.58 67.21


ITEM 17 (Continued) PREVIOUS REPORT 3 BACKGROUND: The Local Development Application (LDA No. 298/2002) was approved under delegated authority on 19 August 2002. Prior to the approval it was necessary for numerous issues to be resolved with the applicant in respect of the overland flow, drainage and the established building zone. The Construction Certificate was approved by a Private Certifier, Peter Ruck of Sydney Building Approvals Centre on 20 August 2002. The Private Certifier was also appointed as the Principal Certifying Authority. In June, Council received a phone call from the adjoining property owners of No.4 Cam Street with an enquiry about additional windows along the south eastern elevation. As the Council was not the PCA for the development, the neighbour was directed to contact Peter Ruck, the appointed PCA. On 8 July 2003, the owner/applicant of No.6 Cam Street submitted a Section 96 Application. A site inspection was carried out on 11 July 2003 and it was revealed that the alterations proposed in the Section 96 Application had already been carried out. The PCA was contacted as to why their inspections had not detected that the building construction was not in accordance with the approved plans. On 21 July 2003, Council received a copy of a Notice of Order issued by Sydney Approvals Centre to Mr R Robosa (owner/applicant) that the building works had not been carried out in accordance with the approved plans. The Notice cited inadequate sediment control, elevations, window alterations and building heights. A letter was sent to Mr Robosa on 25 July 2003 requesting a survey plan showing the finished ground floor levels, first floor levels, ceiling levels & roofline levels. The overall length of the ground floor and first floor were also requested. The owner was also advised that no further work is to be carried out on the site until such time as the Section 96 Application has been resolved. Since this time no work has occurred on the site. The dwelling is constructed almost to lockup stage. The owner/applicant submitted a new set of amended plans showing levels that are now consistent with the Survey Report prepared by Jim Alvir Construction Surveys Pty Ltd dated 29/07/03. The side elevations also superimpose the elements that were approved in Development Consent No. 298/2002.


ITEM 17 (Continued) PREVIOUS REPORT 3 ASSESSMENT: The ground floor plan submitted with the Section 96 Application showed the same dimensions as the approved plans with the exception of the length of the deck & wall adjacent to the deck at the rear of the ground floor. These dimensions however are inconsistent with the survey plan submitted. As the survey plan only provided limited dimensions and there are discrepancies with the Section 96 plans, measurements of the external walls were undertaken by Council Officers’. The following table demonstrates the compliances with the development standards in the Dwelling House and Duplex DCP No.17A.

Cou

ncil'

s C

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App

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Com

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nce

(Dwellings) DCP No.17A)

Floor Space Ratio

0.49:1 0.49:1 0.53:1 ** Not provided

No (1) Based on Council measure-ment

Setbacks

Front: 7.5m (6m for 50%) Side: (south-east) 0.9m( 1 storey) 1.5m (2 storey)

7.5m (6m-50%) 0.9m 1.5m

7.5m (6m-50%) 0.9m 1.5m

7.3m 5.8m (50%) 0.9m 1.5m

Not provided Not provided Not provided

No (2) Based on Council measure-ment Yes Yes


ITEM 17 (Continued) PREVIOUS REPORT 3

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Setbacks

Side: (north-west) 0.9m (1 storey) 1.5m (2 storey)

1.0m 3.66m

1.0m 3.66m

1.0m 3.66m

Not provided Not provided

Yes Yes

Height

NGL to ceiling = 7m Ridge Height = 9m

6.7m-rear 6.8m-front 7.2 - 8.1m

6.69m-rear 7m-front 7.2 - 8.4m

-- -- 7.2 - 8.4m

6.82m-rear 6.86m-front 7.2 - 8.45m

Yes Yes Yes

** This figure is only an estimate. To accurately determine the floor space ratio it

would be necessary to obtain a works as executed plan prepared by Surveyor for both floors. It may be possible that this figure is reduced.

Our best estimate is that the development fails to comply with the floor space ratio or the front setback. Each of these issues are discussed below. Floor Space Ratio: It appears that the floor space ratio exceeds the maximum permitted by approximately 16.7m2. The purpose of the floor space ratio is to ensure the bulk and scale of the new development protects reasonable amenity and maintains appropriate character.



Height: The height of the dwelling has increased from the approved plans. As demonstrated in the above table, the height still complies with Council’s maximum height controls. Front Setback: The front setback appears to have been reduced from the approved plans. From Council’s measurements, the front setback is now 7.3m for 50% and 5.8m for 50%. The approved plans were 7.5m for 50% and 6m for 50%. It has appeared that this non-compliance has occurred due to the retention of the front of the original house on this site. The cladding has been removed and replaced with brickwork that has been rendered. This finish is in accordance with the approved plans. A consequence of this change is that the front setback has been encroached by 200mm.

IMPACTS OF THE SECTION 96 CHANGES: The additional floor space as well as the increased height of the building has the potential to create additional overshadowing. The property most affected by any increase in overshadowing would be No.4 Cam Street. The applicant provided amended shadow diagrams. These diagrams indicated a discrepancy with the original shadow diagrams. The plans have been thoroughly checked and are considered a reasonable representation of the likely shadows. Although there is an increase in the shadow impact from the original plans, the development still complies with the requirements specified in the Dwelling House and Duplex DCP No.17A. During mid-winter the shadow from the dwelling will not affect the rear of No.4 Cam Street until about 10.00am. At this time the shadow would be similar to that cast by a boundary fence. By 12 noon approximately 35% of the rear yard is shadowed. By 3.00pm the rear portion of the yard is the only area that receives sunlight. The extent of shadow meets the requirement of the DCP as at least 50% of the principal area of the ground level private open space of the adjoining property receives sunlight for at least 2 hours between 9.00am and 3.00pm on the 21 June (mid-winter).


ITEM 17 (Continued) PREVIOUS REPORT 3 When viewed from No.4 Cam Street, the overall height of the dwelling is exacerbated due to the provision of the solid walls along the edge of the balconies. The height of these walls appear to be approximately 2.8m and are higher than what needs to be provided to ensure privacy These walls create the impression that the building is longer than what it really is and are considered to be overbearing on the adjoining property. A possible solution to reduce this impact would be to reduce the height of these walls to 1.5m. This would also marginally reduce the extent of overshadowing. SECTION 96 CONSIDERATIONS: Section 96 of the Environmental Planning and Assessment Act 1979 allows an applicant or any other person entitled to act on a consent to modify that consent with the consent of Council. Before the consent is modified, Council must be satisfied of the following: a) That the development to which the consent as modified relates is substantially the

same development. b) The consent authority has consulted with the relevant Minister, public authority or

approval body in respect of a condition imposed as a requirement of a concurrence to the consent.

c) The application has been notified in accordance with the regulations and submissions have been taken into consideration.

Council must also take into consideration matters referred to in Section 79(1) as are of relevance to the development the subject of the application. These matters have been addressed below: 1. Whether the development is substantially the same development as

originally approved? The variations from the original plans include windows altered and added to side and rear elevations, roofline altered, ceiling heights altered, external walls altered and added, first floor decking increased in size. Although the elevations and layout has altered it could be argued that the development is substantially the same application as previously approved by Council. 2. Whether the consent authority has consulted with the relevant Minister,

public authority or approval body in respect of a previous condition or approval imposed?


ITEM 17 (Continued) PREVIOUS REPORT 3 The original application was not deemed as an integrated development and was not required to be referred to any other authority. 3. Whether any submissions were made in respect of the application? The Section 96 application was advertised between the period of 18 July 2003 and 4 August 2003. During this time, one submission was received from the adjoining property owners of No. 4 Cam Street. (A copy of this submission has been attached to this report for Council’s information) As one of their concerns was overshadowing, amended shadow diagrams were requested from the applicant and a copy was forwarded to No.4 Cam Street for comment. Their main concerns being: • Increased length and height of the rear section of the dwelling looms over our

backyard and increases shadow. Comment: The amended shadow diagrams show that by 3.00pm the rear portion of the yard is the only area that receives sunlight. The extent of shadow meets the requirement of DCP No.41 as at least 50% of the principal area of the ground level private open space of the adjoining property receives sunlight for at least 2 hours between 9.00am and 3.00pm on the 21 June (mid-winter). The changes to the side elevation of the balconies do result in the building appearing longer as well as higher than the approved dwelling. This change does adversely impact on the adjoining property. • Loss of privacy. Comment: The submission was concerned in respect of the new windows along the south east elevation. The concern has originated partly from the approved plans being inconsistent between the floor plan and elevation. The floor plan showed windows in the master bedroom, however these were not shown on the elevation. The floor plan of the kitchen showed no windows but 4 small windows were shown on the elevation. The upper floor has a new window in bedroom 3. Changes have also occurred to the windows in the bathroom and bedroom 2 along this elevation. The bathroom proposed 2 long and narrow windows, however, only 1 window has been constructed. The size of this window is similar to the size of the 2 windows combined. A similar long and narrow window was proposed in bedroom 2. This has been replaced with two small windows.


ITEM 17 (Continued) PREVIOUS REPORT 3 The windows that are likely to have the greatest impact on privacy are the windows in the kitchen. Two (2) of these windows are located in the pantry. The other two (2) windows are over bench space. Technically these windows have been approved. These windows will cause some overlooking to 4 Cam Street. The overlooking impact is reduced due existing screen planting along the boundary within 4 Cam Street. • Original shadow diagrams were incorrect. Comment: The amended shadow diagrams submitted have been determined as being accurate. The extent of shadow still complies with the requirements of DCP No.17A. • Concerned with the process in respect of the lack of inspections and the work

requested under Section 96 has already been done: Comment: Previously it was the law that a person could not retrospectively obtain approval to a Section 96 application to amend a development consent. A recent Land & Environment Court decision has altered this position. The PCA for the development – Peter Ruck of Sydney Building Approvals Centre was contacted and it would appear that to date they have only carried out 1 inspection. This inspection failed to identify that illegal works had occurred. It is recommended that Council report the PCA to the relevant department for failing to take appropriate action in respect of the development not being carried out with the approved plans. CONCLUSION: The applicant has lodged a Section 96 Application despite the fact that the works have already occurred. It is recommended that a process be followed to find a solution to the difficulties caused by the actions of the owner. This would involve obtaining a works as executed plan for both the ground and first floor prepared by a Surveyor to allow an accurate calculation of the floor space ratio. Following this it is suggested that Council facilitate a meeting between the applicant and the owners of No.4 Cam Street to determine if any possible amendments could be done to reduce the impact of the dwelling on No.4 Cam Street. The determination of the Section 96 Application would be deferred until after any facilitation meeting.


ITEM 17 (Continued) PREVIOUS REPORT 3 If this course of action fails, a further report could be prepared which would outline the options to Council of issuing the appropriate Orders and commencing prosecution as the works are not in accordance with the approved plans. RECOMMENDATION: (a) That Section 96 Modification No.298.2/2002 at 6 Cam Street, North Ryde

be deferred until the following issues have been resolved:

(i) A works as executed plan that has been prepared by a qualified surveyor for the ground floor as well as for the first floor be submitted to enable the floor space ratio of the building to be calculated accurately.

(ii) The Group Manager Environmental Planning organise a facilitation

between the applicant of the subject property and owner of No.4 Cam Street to discuss any possible amendments to the application.

(iii) That the appointed Principal Certifying Authority (PCA), Peter Ruck of

Sydney Building Approvals Centre be reported to the Department of Infrastructure, Planning and Natural Resources for failing to detect that the building had not been carried out in accordance with the approved plans and specifications.

(b) That the person who made a submission be advised of the decision.

Liz Coad Manager Environmental Assessment

Sandra HicksExecutive Planner

Colin Murphy

Snr Environmental Assessment Officer


ITEM 17 (Continued) PREVIOUS REPORT 3 Indicates submission received

City of Ryde




Tel: 9952 8222 Fax: 9952 8070


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COPYRIGHT


ALL RIGHTS RESERVED


Date: 26/09/2003
