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SEPARATE COVER ATTACHMENT

PSRP-4 - DA16/0017 DWELLING AND GARAGE AND RETAINING WALLS - 18

PLUNKETT DRIVE, LAKE ALBERT

1 S79C Assessment Report 2 Plans 3 Statement of Environmental Effects 4 Written Submission supporting variation 5 BASIX Certificate

Description of Application: Dwelling

Type of Application: Development Application

Other Approvals: Nil

Concurrence Required: No

Referrals: Internal Groups

Adjoining Own Notification: 7 days (14 January – 22 January 2016)

Advertising: Nil

Determination Body: Council

Reason: The proposal as submitted seeks to vary numerical control C2 of section 9.3.7 as the proposed dwelling wall would be located 1.65m from the side property boundary where minimum 2m distance is required by the control. This would result in variation to the control of 17.5%.

Meeting Date: 14 March 2016, Policy and Strategy Meeting Owner’s Consent Provided: Yes Location: 18 Plunkett Dr in LAKE ALBERT. The block is located at the southern side of Plunkett Drive.

PLANNING CONTROLS / STATUTORY CLASSIFICATION

Pursuant to Part 4 (Division 1) Environmental Planning Instrument: LEP 2010 Zoning: R5 Large Lot Residential Land Use Definition: Dwelling house (Dwelling House) Statement of Permissibility: Permissible with consent

Description of Development The applicant Matt Jenkins Homes seeks permission for the erection of new single storey dwelling. This is an infill development in the area where similar structures have been built. The dwelling includes living areas, attached garage, rear covered patio, front porch and detached rumpus room. The floor plan includes five bedrooms, living, office, Activity, laundry, Meals, Family with Kitchen, and utility spaces such as corridors bathrooms and en-suite. The proposal has a living area of 348 m2, Patio area of 78 m2, Garage of 74m2, and front porch that is 20m2. The total of all areas is 519 m2. The dwelling is 1.2m from the side boundary in its closest point while the predominant setback is 1.65m. Variation to control C2 of section 9.3.7 of the WW DCP has been sought.

The proposal is single storey structure that extends deep into the block. It has the same floor level throughout and as such it requires cut in the front part of the block and fill towards the back. The cut and fill levels have been assessed throughout the report and subject to conditions being imposed on the consent, compliance with the relevant controls will be achieved.

The Site and Locality The subject land is Lot 42 DP 1142732, known as 18 Plunkett Dr Lake Albert. The area is zoned R5 Large Lot Residential and is a part of established subdivision. The land is opposite Mater Dei Catholic College. The area is characterised by large dwellings on large residential blocks with extended living areas. Site features: The site is mostly rectangular in shape with parallel side boundaries, straight back boundary and curved front boundary to accommodate Plunkett Drive. Access is on the north boundary facing Plunkett Drive. Lot size is 2049 square meters. Width of the block is approx. 29m while front boundary (curved) is approx. 31m. Services: all services are available on the site. Physical characteristics: The land is under constant slope from front right corner (North West) towards the bottom left corner (South East). The slope is from front to back predominantly with some cross slope from west to east. The land is void of mature vegetation and is only covered in grasses. The slope of the land represents 6% grade. Covenants: 88B instrument Lot 42 DP 1142732 - Easement No 1 (WW CC) addressed - Positive Covenant No 6 (WWCC)

o Height of the building including the roof from natural ground level is 6.38m which satisfies (i) being under 6.75m.

o Boundary fence to the rear that borders public space will be rural type which is open in style and satisfies (ii)

o The dwelling is wholly within the building envelope with the closest point being 1.2m off the side boundary. The retaining wall would be considered a building (definition under EPA Act 1979) and is on the property boundary being outside of the nominated building envelope. The Wagga Wagga City Council is empowered to vary or modify this positive covenant (as in 88b). It is recommendation of the assessing officer to modify the covenant and allow retaining wall along the side boundary as shown on the plans because of other historic developments where building envelope has been abandoned in the instance of retaining walls. The BE remains applicable for other types of developments on the land and does not require modification.

- Restriction on the use of the land No 7 (Every other lot)

o AHD not specified only relative RL however the position of the dwelling raises no concerns

o Plans show general compliance Building Envelope: A Building Envelope is nominated on this land. It is calculated that the BE is 1m from each side property boundary and 6m from the front property boundary. The building is within the nominated envelope however the retaining wall is outside of it. However, in the locality, Council has granted consent to developments such as No 20 Plumpton Rd and No 22 Plumpton Rd where building envelopes have been encroached with approved retaining walls thus abandoning the building envelope in part. On the basis that the previous developments have been approved, that the applicant has an appropriately positioned retaining wall and that the development has been notified for seven days without any submission, in this instance for this land, the proposed retaining wall outside of the BE would be considered acceptable. Impacts of proposed design have been addressed throughout the report. building (EPA Act 1979) includes part of a building, and also includes any structure or part of a structure (including any temporary structure or part of a temporary structure), but does not include a manufactured home, moveable dwelling or associated structure or part of a manufactured home, moveable dwelling or associated structure. Easements: There is an easement marked E1 (sewer and water) that runs along the back boundary; it is noted on the plans and it is located away from the development. Access: Vehicular access is from Plunkett Drive. The land backs onto public reserve on its southern boundary however access from this point is not proposed and it is not allowed. Appropriate condition will be imposed to prevent access during construction from parkland. Previous Approvals: No recent approvals on the land. Summary of main issues: - Request to vary numerical control C2 of the section 9.3.7 of the WW

Development Control Plan 2010 to allow the dwelling wall to be positioned 1.2m from the side boundary in the instance where the control requires minimum 2m distance has been supported as outlined in the report section 1.11 and 9.3.7 of the DCP.

- Amount of proposed earthworks and impacts on environment have been duly considered. Compliance with section 9.4.6 can be achieved and will be reinforced with conditions of consent

- Retaining wall is outside of the building envelope and modification of covenant is recommended

- Impacts on adjoining lands in terms of solar access and privacy addressed in relevant sections

MATTERS FOR CONSIDERATION PURSUANT TO SECTION 79C(1)Section 79C(a)(i) - The provisions of any environmental planning instrument (EPI)

Wagga Wagga Local Environmental Plan 2010 Under the provisions of the WWLEP2010, the subject site is within the R5 Large Lot Residential zone. Part 2 Permitted or prohibited development Land Use 1 Objectives of zone To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

To minimise conflict between land uses within this zone and land uses within adjoining zones.

To ensure that the clearing of native vegetation is avoided or minimised as far as is practicable.

The proposed development is for dwelling that is permitted with consent. Proposed development satisfies all objectives of the zone and is highly relevant to objectives of the zone. Part 3 Exempt & Complying Development The proposed development is not Exempt or Complying Development. Part 4 Principal development standards 4.6 Exceptions to development standards The development does not seek exceptions to development standards. Part 5 Miscellaneous provisions 5.9 Preservation of trees or vegetation The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation. The land is covered in grasses and void of any mature trees. The land is not subject to Native Vegetation Cover provisions. 5.10 Heritage conservation The proposed development is not located in heritage conservation area as indicated on Heritage Map. Part 6 Urban Release Areas The subject development proposal is not located in an urban release area and the controls of this section are not applicable. Part 7 Additional Local Provisions

7.1A Earthworks (1) The objectives of this clause are as follows: (a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land, (b) to allow earthworks of a minor nature without requiring separate development consent. (2) Development consent is required for earthworks unless: (a) the work is exempt development under this Plan or another applicable environmental planning instrument, or (b) the work is ancillary to other development for which development consent has been given. The proposed amount of earthworks and its location is not exempt development (under Codes 2008) and forms part of this consent. The proposal is quite rigid in its response to the slope of the land as additional earthworks are proposed to accommodate long floor plan on the sloping land. The proposal relies on common benching and more invasive earthworks. However the development can be effectively accommodated with acceptable impacts on environment. The conditions will be imposed on the consent to mitigate potential detrimental impacts on environmental functions and processes and associated risks. (3) Before granting development consent for earthworks, the consent authority must consider the following matters: (a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality, The drainage patterns in the area would have been disrupted due to development that occurred. Each dwelling has its own internal drainage to collect stormwater run-off and channel it to available service. The proposal notes general direction of surface stormwater in the back yard which is consistent with the site fall and available service in the back corner. Soil stability in the locality will be addressed by soil test report. The land is not known to be subject to subsidence. (b) the effect of the proposed development on the likely future use or redevelopment of the land, The land is intended for residential development. (c) the quality of the fill or the soil to be excavated, or both, The fill will be sourced from the excavated part of the site and it is recommended to cover this with standard condition of consent. (d) the effect of the proposed development on the existing and likely amenity of adjoining properties, Effect of the proposed development on the existing and likely amenity of adjoining properties is discussed in relevant DCP sections found to be satisfactory. (e) the source of any fill material and the destination of any excavated material, Locally excavated soil will be used for fill.

(f) the likelihood of disturbing relics, There is no record that any relic is present on the land, nor there is anything on the site suggesting this is the case. (g) the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area. The locality is nominated for development. The development will not impact drinking water catchment due to limited and complying earthworks and its residential use. The proposal is within Lake Albert catchment however as the compliance can be achieved through the plans and conditions of consent impacts would be considered negligible. Conditions will be imposed on the consent to mitigate potential detrimental impacts on environmental functions and processes and associated risks. 7.2 Flood planning Proposed development is not located on the land identified as flood prone and there are no overland flow paths on the lot as indicated on the maps. 7.3 Biodiversity The subject site is part of the Bio-certified area as per Council Maps. State Environmental Planning Policies (SEPPs) The SEPP BASIX 2004 applies and certificate has been provided with this application. Section 79C(1)(a)(ii) - the provisions of any draft environmental planning instrument No relevant planning instrument under this clause is currently the subject of public exhibition or comment. Section 79C(1)(a)(iii) - The provisions of any development control plan Wagga Wagga Development Control Plan 2010 Proposed development standards of the Wagga Wagga Development Control Plan 2010 as follows: Section 1 - General 1.9 Lodging a Development Application Development Application has been lodged in accordance with The Environmental Planning and Assessment Act 1979 (the Act). 1.10 Notification of a Development Application Objective O5 is to identify development applications that will be notified and/or advertised and those persons that will be notified. The development proposal is for a new dwelling that relies on considerable earthworks and as such it requires notification type “A” for the period of seven days. 1.11 Complying with the Wagga Wagga Development Control Plan 2010

The controls in the DCP support the Guiding Principles of the Plan and principles and objectives within the various sections. Except as varied elsewhere in this Plan, all Development Applications, Section 96 Applications and Section 82A Applications should aim to satisfy all stated objectives and controls. The applicant has submitted a written submission in support of this application seeking variation to control C2 of the Section 9.3.7 in order to reduce distance to the side boundary. Some of the factors or criteria Council will consider in determining whether a departure from the DCP is warranted include: � Whether there will be any detrimental impact on the amenity of the existing and future residents/occupants, as well as, its surrounds: Impacts have been addressed in this report. � The nature and magnitude of the departure. The control requires a 2m setback and the proposal is predominantly setback 1.65m with small section being setback 1.2m to the boundary. The magnitude of the departure expressed in percentile is 17.5% predominantly or in the worst case 40% which is acceptable. � The degree of compliance with other relevant controls, objectives and principles and any compensatory measures proposed to offset the departure. The proposal complies with relevant objectives. � The circumstances of the case, including whether the particular control(s) is unreasonable and/or unnecessary. The control appears to be unreasonable as the nominated building envelope on the land allows for 1m setback to external walls of the dwelling. � Priorities identified in a site analysis being of greater importance than what is being departed from. Generally, the proposal will be consistent with surrounding developments where 1m seatbacks have been established. The overall width of the site is approx. 29m which is more towards general residential blocks of 20 - 25m rather than large residential blocks of 50m or more. � Whether non-compliance will prejudice the objectives of the zone and the aims of the DCP. The non-compliance does not prejudice objectives of the zone and aims of the DCP. The objectives have been considered have been considered and the proposal satisfactorily addresses them. � 79C of the Environmental Planning and Assessment Act 1979 - matters for consideration in the determination of a development application. Application is subject to full assessment pursuant to s79C of the Act. Section 2 - Controls that Apply to All Development

2.1. Vehicle access and movements C1 Access should be from an alternative secondary frontage or other non-arterial road where possible. The potential impacts of traffic generated by the proposed development are considered minor and will not result in any traffic safety issues. The proposed development makes provision for suitable access to existing movement systems. Access is from sealed Plunkett Drive on northern boundary via ne cross over 5m in width. C3 Vehicles are to enter and leave in a forward direction unless it can be demonstrated that site conditions prevent it. Large concrete driveway in front of the triple garage offers good manoeuvring area. Nevertheless, it is accepted that in residential blocks vehicles cannot always leave the site in forward gear. The location of the driveway is across from the Mater Dei parking access driveways and where Plunkett Drive turns in a westward direction. However absence of any fencing in the front setback and good lines of sight mean that the driveway will not be concealed thus there would be no adverse impacts on access. C5 Access driveways are to be located in accordance with the relevant Australian Standard at the time of lodgement of an application. The driveway will not be concealed thus there would be no adverse impacts on access from the road. The driveway satisfies Australian Standards in terms of its position and gradients. C6 Ensure adequate sight lines for proposed driveways There is no fencing in the front setback area that could obstruct direct lines of sight. 2.2 Off street parking Objectives C1 Parking is to be provided in accordance with the table below. For uses not listed, similar land uses should be used as a guide in assessing car parking requirements. Table 1 Dwelling house, dual occupancy, attached dwellings, semi-detached dwellings

1 space/2 bedroom house 1 spaces/3 bedroom or larger house

This control has been met via proposed triple garage for five bedroom house. 2.3. Landscaping The landscaping plans are not required for residential development. 2.4 Signage No signage is proposed as part of this application.

2.5 Safety and Security The development is designed to optimize personal safety and property security by way of natural surveillance, utilisation of robust construction materials and clear

definition between public and private areas in accordance with the principles of Crime Prevention Through Environmental Design. 2.6 Erosion and Sediment Control Principles Soil erosion measures are proposed as sediment and erosion control barrier to be in place during construction alongside (east) property boundary fence and along south boundary fence. Soil erosion measures will be addressed by imposing conditions of consent and will be further controlled / confirmed during critical stage inspections. 2.7 Development adjoining open space The proposed development shares its southern boundary with public open space formed as a buffer between the blocks. This public space is landscaped and it creates a linear park connecting the lake with broader area of Mater Dei College. The proposal does not rely on this public open space nor does it have any functional connection with it. The applicant has indicated that the fencing towards the reserve will be rural style which is open in nature and adequate to address covenant. Section 3 - Heritage Conservation Subject site is not located within Heritage Area or Draft Heritage Area nor does it contain heritage object as per Heritage Map. Section 4 - Environmental Hazards and Management 4.1 Bushfire This land is not bushfire prone land and consideration under 78BA of the Act is not required. 4.2 Flooding Subject site is not flood prone land as per council Flood map. Section 5 - Natural Resource and Landscape Management 5.1 Development on ridges and prominent hills Proposed dwelling is not located within prominent ridgelines or hills. 5.3 Native Vegetation Cover Proposed development is not subject to Native Vegetation Cover controls as it has not been stipulated on the title of the land. Search of the records shows that there are no property management plans applying to the land. Section 6 - Villages Subject site is not located in village therefore controls under this section are not applicable. Section 7 - Subdivision Proposed development does not seek subdivision therefore controls under this section are not applicable. Section 8 - Rural Development

Subject development is located in urban residential area therefore controls under this section are not applicable. Section 9 - Residential Development 9.2 Site context and layout The proposal relies on extensive earthworks to accommodate new structure on the land. The impacts on both natural and built environment have been considered in this report. 9.2.1 Site layout The dwelling position on the block is influenced by the block shape, size and constrains. The main dwelling mass is orientated towards the north (Plunkett Drive) as this is main elevation while private open spaces extend towards south and east. C1 Use site characteristics such as trees, changes in level or rock outcrops as features within the site layout There are no outstanding features that could be utilised. C2 Integrate access, landscaping and services in the site layout, avoiding underutilised spaces Access and treatment of front setback area is characteristic for residential developments. Although not specified it is expected that landscaping be installed to retain the land and enhance appearance of the dwelling in similar manner to neighbouring properties. C3 Orient living spaces to maximise solar access This has been generally achieved notwithstanding unfavourable access from north boundary. C4 Facilitate natural cross ventilation within dwellings through the location of windows and doors Provision of windows is adequate to facilitate good ventilation to all spaces. 9.2.2 Streetscape C1 Provide a street address and front elevation that is consistent with the predominant scale, rhythm and form of the street. Having regard to adjoining developments, proposed street elevation is of high quality and will correspond to what has already been developed in the area. C2 Front fence height forward of the building line is not to exceed 1200mm. However, a side boundary fence forward of the building line may be permitted to taper from the maximum permitted height (1.8 metres) at the building line down to the 1200mm maximum permitted height at the front boundary. A front fence is not proposed with this DA. C3 Fence height at and behind the building line is not to exceed 1800mm in height. Details are not provided. Any side or rear fence will be subject to covenants and SEPP Codes 2008 (Exempt Development).

C4 The majority of windows in dwelling wall which face the street should be windows of habitable rooms. Two bedrooms and office face the street and easily satisfy this control. 9.2.4 Sloping sites Objectives O1 Encourage site responsive development O2 Encourage building design that is appropriate to the site conditions O3 If an alternate design is possible, avoid development that would require cutting into the site. The proposal is not responsive in its approach but can be accommodated within required control and with impacts towards adjoining land that would be acceptable. Controls C1 Use pier, split level or suspended floor designs on sloping sites. The proposal relies on a site cut and site fill to avoid a split level design and to avoid internal stepped spaces. This building design has been applied in the area and artificial soil raising and cutting can be observed on adjoining blocks. The detailed assessment of compliance with council controls for site cut and fill has been undertaken in Section 9.4.6. 9.3 Site area, building form and envelope The building envelope is nominated on the land and the building is located inside this area. Site area is sufficient to accommodate development of this size and scale. 9.3.1 Land area per dwelling There are no controls for R5 blocks. 9.3.2 Site cover There are no controls for R5 blocks; impacts of the development will be assessed. 9.3.4 Solar access O1 Ensure that the amenity of the occupants of dwellings is achieved by designing so that they receive adequate daylight and natural ventilation to habitable rooms and sunlight to private open space areas O2 Ensure non-habitable rooms such as garages, laundries and bathrooms are positioned so that living areas, open space and habitable rooms receive maximum winter solar access and ventilation O3 Maintain reasonable sunlight access to adjoining properties C1 Locate garages, laundries and bathrooms to provide insulation from western sun. This control is satisfied in one part. Namely, bathrooms are located on the western elevation. The garage on the other hand is located in the north east corner which is more acceptable location from the traffic point of view. It also allows formation of large open yard towards the east which will greatly benefit internal living areas and amenity on the land. The variation is accepted in the circumstances.

C2 Locate living areas and private open space to ensure orientation to the north and north east where possible. The living areas of the existing dwelling have a double aspect: the office faces north while the main living areas face east and south which is good outcome.

Solar access within the development C3 For single dwellings, dual occupancies, secondary dwellings & shop top housing the windows to the main internal living area and at least half the private open space are to receive a minimum 3 hours direct sunlight between 9am and 3pm in mid-winter (June 22). The Activity and Family room face direct east while the office faces north. All these windows are uncovered and will provide generous solar exposure to living areas easily satisfying this control. Protecting solar access to adjoining properties C5 For any adjacent dwellings that have north facing living areas, maintain 3 hours sunlight access to the windows of the living areas between 9am and 3pm in mid-winter (June 22). Having regard to position of windows on the dwellings on adjoining land, none of the north facing window will be shaded. Private open space at No 16 Plunkett will not be shaded as it is located towards south east of the block while private open space at No 20 is located in the eastern corner of the block and will not be affected by the proposal. 9.3.5 Private open space C1 At least 24m2 of private open space is required per dwelling. The private open space is to be directly accessible to the main living area and have a minimum dimension of 4m. Proposed private open space extends directly south and east from the main living areas in the form of large covered patio (under the main roof) that terminates in front of the detached rumpus room. The patio covers 72m2 and will provide generous good quality outdoor living area with adequate levels of privacy (as side fencing has been installed) as assessed in section 9.4.3. 9.3.6 Front setbacks Objectives O1 Encourage uniform building lines that correspond to the built setbacks and patterns of neighbouring buildings O2 Encourage attractive residential streets and quality public domain O3 Ensure that new developments complement the established built patterns O4 Maintain lines of sight for vehicle safety C1 Minimum front setbacks for residential development (site area smaller than 2000m2): Primary street frontage (other roads) 6m # The primary setback is established from the front property boundary to the closest point of the dwelling being the external column supporting the front porch which is

just over 7m. This complies with the control and nominated BE. Notwithstanding that the block has just over 2000m2 it clearly corresponds well to objectives. C3 For residential accommodation with a site area greater than 2000m2 building setbacks from the property boundary fronting a road shall be 10m and maximum front setback shall be 50m. The proposal has a 7m setback and it follows established pattern of adjoining representative properties (No 20, No22) generally located 6m thus although being on the site that is over 2000m2 its position is satisfactory. No 16 is located 9m from the front boundary however this block is odd-shaped block and does not form a setback pattern towards Plunkett Drive. Variation to this control is found to be acceptable for the above reasons. It would be unreasonable loss of streetscape amenity and on site amenity to require 10m setback. C4 The front elevation of a dwelling as visible from a public road shall include at least one change in plane of the dwelling wall (that encloses a habitable room) of a minimum of 500mm. The front of the garage shall not protrude in front of the face of the forward most wall of the dwelling enclosing a habitable room. In all instances, the garage shall not encroach on the front setback identified under C1.The forward most part of a building/dwelling wall shall not project forward of the building line. Refer to diagrams opposite. The front elevation if fully developed with numerous changes in plane accentuating vertical wall enclosing living areas and providing attractive residential design. Front porch is closest to the street followed by external wall enclosing habitable rooms and then garage wall. Compliance with this control has been achieved. The proposal in one part will be below kerb level for most of it part up to 1500mm in height thus visual impacts on the streetscape will be reduced. 9.3.7 Side and rear setbacks Controls C1 The rear setback for detached secondary dwellings is determined by site conditions and the setbacks of similar structures on adjoining and nearby sites. Not applicable. C2 Any point of a building must have a setback from the side boundary nearest to that point of at least: a) If the lot is in Zone R5 a setback of 2m, or b) If the lot is in Zone RU1, RU2 or RU4 a setback of 10m. The proposed dwelling does not comply with this control under (a) because the external wall towards side (west) property boundary is located 1.2m from the property boundary notwithstanding that the dwelling is inside of the building envelope. The applicant seeks to vary control C2 and has provided written justification for why it should be supported. Assessing officer has reviewed submission and having in mind objectives of this section found sufficient planning ground to recommend consent to the development based on the following.

Objectives O1 Ensure adequate separation between buildings for landscaping, privacy, natural light and ventilation Separation towards west and east boundaries is ample. The predominant setback to the west boundary is 1.65m while only a small section of wall (some 2m) is within the 1.2m setback. There is sufficient setback for privacy, natural light and ventilation. The scope for landscaping is limited however it can be achieved with correct selection of species and vertical gardens. The applicant has indicated that a 1m setback is common on residential blocks which are confirmed by analysis of adjoining approved developments at No 20 and No 22 Plunkett Drive. O2 Ensure new development continues the rhythm or pattern of development in the locality. The records show that No 20 and No 22 Plumpton Road have established the same if not further reduced setbacks to the side boundary. The applicant has correctly indicated that this occurred in the past developments. O3 Provide access for maintenance There is ample access for maintenance which is greater than the common 900mm setback. O4 Building setbacks from the side and rear boundaries shall have careful regard to the impact of proposed structures on adjoining landowners. The proposal will not cast shadow over private open spaces of adjoining land (west) nor will it result in any privacy issues towards the same land. This has been discussed in section 9.3.4 and 9.4.3 of the WW DCP. The applicant has indicated and justified through the plans that the impacts on the adjoining landowner are adequately managed. To conclude, the proposal satisfies all of the objectives of this section. 9.4.1 Building elements Objectives O1 Encourage quality and visually interesting buildings through the use of building elements O2 Facilitate passive solar design principles These objectives have been largely addressed throughout this report. Controls C1 Use verandahs or pergolas to link internal and external living areas C2 Porches are to be integrated into the building design, and are to be used to create a sheltered and clearly visible entry C3 Locate ancillary components such as aerials, satellite dishes, air conditioning units and the like so they are not visible from the street

The plans clearly demonstrate good integration of internal and external spaces connected with appropriately located covered structures. 9.4.2 Materials and finishes Controls C1 Select materials for their environmental performance, durability, detail and appearance to achieve quality appearance C2 Avoid large unbroken expanses of any single material C3 Minimise use of highly reflective or glossy materials on building exteriors C4 Use contrasting materials in combination with design elements for features such as corner elements C5 For larger developments, use recessive colours for the upper levels to help minimise building bulk The selected materials being brickwork cladding and steel iron sheet roof cladding are durable, high quality and appropriate for residential development. 9.4.3 Privacy Objectives O1 Ensure privacy within new developments, and avoid potential impacts to existing properties Compliance with the below controls ensures that this objective is adequately addressed. Controls Visual privacy C1 Offset windows, balconies and private open space areas between adjoining dwellings On its western elevation the dwelling has windows to bedrooms at the front section of the dwelling (that is mostly in cut and below NGL) while the bottom part of the dwelling (master bedroom and detached rumpus room) do not have any windows on this elevation. The proposal is very conscious to protect privacy towards the west adjoining land, the patio is partially enclosed with a screened outside kitchen wall which leaves only two narrow gaps insufficient to adversely impact the private open space of No 16 Plunkett Drive. Habitable rooms at No 16 have a high sill window facing the proposal removing privacy impacts. The proposal faces east with its private open space the outdoor patio is positioned towards the west corner of the block. The distance to the eastern side boundary is approximately 17m from the edge of the patio. At this point the patio is sitting on approximately 750mm of fill. This raised platform will allow long distance views to some extent over the common fence in the easterly direction as the land gently downslopes towards the Lake Albert. Private open space on the adjoining land is in the eastern corner of the block around the pool area (alfresco) and it is blocked off by a south extending wing of the dwelling. At the end of the pool area just below the rear building line there is a detached roofed structure (gazebo). This structure is raised above NGL with transparent barriers. Direct lines of sight are expected

between the proposed patio and this gazebo due to its location and prominent position. The gazebo would not be considered as primary open space for the adjoining building. The location of the proposed patio is acceptable, fill levels under the patio are within 750mm with good buffer towards the south boundary expected to reduce these impacts to acceptable levels. C3 Screening is required where there is direct line of sight between neighbouring balconies or private open space areas, or between windows and door openings of habitable rooms. The above has shown that there are no direct lines of sight between private open space areas. Available plans show that there are no direct lines between windows of main living spaces. The side property fence of 1800mm high colorbond fence provides a high level of privacy and screening notwithstanding that not all lines of sight between neighbouring properties could be prevented on the gentle sloping land. The applicant has submitted amended plans where site filling has been reduced and raised platform in the back yard has been avoided which will reduce privacy impacts between the adjoining lands. 9.4.4 Garages, carports, sheds and driveways Objectives O1 Minimise the visual dominance of garages and driveways in the streetscape O2 Where possible, locate garages so as to assist in protecting dwellings from early morning and late afternoon summer sun Controls C1 Where garage doors form part of the facade of a dwelling fronting a public road - the garage door is to be:

less than 50% of the width of the house* no wider than 6m # maximum 2.4m high #

The triple garage is divided into 1 double door 5.1m in width and one single door 2.7m in width totalling 7.8m. the width of the front elevation is 27.7 thus garage doors occupy less than 50% of the elevation and comply with this control. There are no outbuildings proposed in this application. The detached rumpus room is a habitable structure covered under the main roof of the dwelling and would not be considered an outbuilding. 9.4.6 Changing the landform – cut and fill Objectives O1 Encourage site responsive development and protect the amenity of adjoining land. O2 Avoid excessive earthworks and minimise changes to the natural landform

O3 Encourage site layout and building design that is appropriate to the site conditions, including use of split levels, pier foundation or suspended floor house designs O4 Avoid adverse impacts on salinity by minimising the potential for surface water to enter the groundwater in recharge areas O5 Avoid inappropriate fill being introduced to sites O6 Ensure adequate provision of drainage in relation to cut and fill practices The controls of this section have been addressed and sufficient level of compliance can be achieved on the land.

C1 Excavation is not to exceed a maximum depth measured from ground level (existing) as follows: (a) If located not more than 450mm from any boundary and the adjoining landowners consent has been obtained – 1.5m, and (b) If located more than 450mm from boundary but no more than 1m – 1.5m, and (c) If located more than 1m but not more than 1.5m from any boundary – 2m, and (d) If located more than 1.5m from any boundary – 3m. Any depths and/or setbacks outside of the above may only be considered where there is no unreasonable or unacceptable impact on the amenity of the adjoining properties (direct overlooking and loss of privacy, overshadowing to areas of principal private open space and living areas). Excavation towards the western side boundary increases towards the front of the dwelling where in the highest part it reaches 1.5m in height. The applicant proposes to retain this cut with retaining wall which is to be located 450mm from the property boundary and as such complies with C1 (b). Excavation in the front setback drops from 1.5m towards mostly natural level which is compliant. C2 Fill is not to exceed: (a) 1.5m above ground level (existing), and (b) Must be contained by either: (i) A retaining wall or other form of structural support that does not extend more than 1.5m from any external wall of the dwelling house, or (ii) An unprotected sloping embankment or batter that does not extend from the dwelling house by more than 3m, in which case the toe of the embankment or batter must be more than 1m away from a side or rear boundary. Any fill heights exceeding 1m in height across the site may only be considered where there is no impact on the amenity of the adjoining properties (privacy, overshadowing). Fill levels are in the lower part of the block. The plans show that fill levels are contained by an unprotected sloping embankment within 3m of the rear dwelling wall and that fill height at the worst point at the lowest corner of the building is up to 1.5m. This amount of fill is within the limits of the control and is located away from each side boundary.

The 700mm of fill is shown alongside the west boundary and will be contained by a retaining wall towards the west and fill embankment towards the south. Whilst on the upper limit, the proposal complies with fill control. Privacy impacts have been addressed elsewhere in the report. C3 Retaining walls and support for earthworks that are more than 600mm above or below ground (existing) and within 1m of the boundary or more than 1m above the ground level in another location, must take the form of a retaining wall or other form of structural support that:

(a) has been certified by a professional engineer, and (b) has adequate drainage lines connected to the existing stormwater drainage

system for the site, and

An appropriate condition of consent will be imposed where details of retaining walls are to be provided prior to the release of the Construction Certificate. (c) does not result in any retaining wall or structural support with a total height measured vertically from the base of the retaining wall or structural support to its uppermost portion is: (i) more than 1m in height and within 1m from a side or rear boundary, or (ii) more than 3m in height at any other location. Strictly the retaining wall is more than 1m in height within 1m of the property boundary. The proposal complies with excavation requirements of the control C1 and minor variation of this control can be supported on the grounds that the wall will be designed by a practising structural engineer to provide adequate support.

C4 Retaining walls are not to be located within the easement. The retaining wall shall be located outside the easements zone of influence. C5 No cut or fill to take place within easements. Plans show compliance. C7 Where achievable, any proposed dwelling is to be designed incorporating retaining walls and fill within the dwelling. Should the provision of retaining walls and fill not be achievable within a proposed dwelling due to demonstrated site constraints they should be located as close to the proposed dwelling as is possible, to minimise the impact on the amenity of the adjoining properties. The proposal takes a different approach and is not the best outcome however sufficient compliance can be achieved. C9 Fill material is to be substantially from the site only. Imported fill material is not encouraged. No details of the proposed fill are provided however it is common to source the fill from the site as the part of the block is in cut. Appropriate condition of consent will be imposed in this respect.

C10 Cut and fill outside the building envelope is not to exceed 600mm. Strictly the proposal does not comply however variation to the control is supported on the basis that officer recommended allowing the retaining wall outside of the building envelope in the circumstances of the case. C11 Stormwater or surface water runoff is not to be redirected or concentrated onto adjoining properties so as to cause a nuisance. Adequate drainage is to be provided to divert water away from batters. General Stormwater drainage has been indicated on the land which shows drainage patterns towards the rear which is the lowest point of the land serviced by stormwater infrastructure. Fill batters are distant from the side boundaries and impacts would be considered minor. Adequate drainage lines around the dwelling will allow positioning of stormwater pits to capture surface water behind and in front of retaining walls (in cut). C12 Earthworks should not be carried out within the angle of repose of adjoining property. Unless such works are supported by certified structural engineer reports and do not impact on neighbouring property. The proposed location raises no concerns. Appropriate condition will be imposed. The location and height of proposed retaining walls and fill is provided on the site plan and elevations where natural ground line allows for height of retaining wall to be identified along entire length. The overland flow paths and location of stormwater pits have been shown on the plans together with soil erosion measures. There is some lack of details in the front section where cut is proposed however stormwater lines in this area will provide capacity to cut in pits where required and grated drains in front of the garage. Engineering design will be required prior to the issue of the CC. Section 10 - Business Development The proposed development is not business development therefore controls under this section are not applicable. Section 11 - Industrial Development The proposed development is not industrial development therefore controls under this section are not applicable. Section 12 - Specific Uses and Developments The proposed development is not specific use development therefore controls under this section are not applicable. Section 13 - Bomen Urban Release Area The proposed development is not located within the Bomen Urban Release area therefore controls under this section are not applicable. Section 14 - Boorooma Urban Release Area Subject site is not located within the Boorooma Urban Release Area therefore controls under this section are not applicable.

Section 15 - Lloyd Urban Release Area The proposed development is not located within the Lloyd Urban Release area therefore controls under this section are not applicable. Section 16 - Gobbagombalin Urban Release Area The proposed development is not located within the Gobba Urban Release area therefore controls under this section are not applicable. Section 79C(1)(a)(iiia) - Planning Agreements There aren’t any planning agreements that have been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under Sec 93F. Section 79C(1)(a)(iv) - any matters prescribed by the regulations Demolition of buildings AS 2601 - Cl 66 (b) – Proposed development does not seek permission for demolition. Subject site is part of a new subdivision; there are no existing structures on site. Fire Safety Considerations - building change of use Cl 93 – This is not applicable Upgrading of Building to comply BCA Cl 94 – This is not applicable

Section 79C(1)(b) - likely impacts of the development Section 733 of the Local Government Act 1993 Proposed development is to construct a residential dwelling, there wouldn’t be any additional impact on flooding or bushfire as the subject site is not flood prone land or bushfire prone land. Flooding Risk Assessment Subject site is not flood prone as per WW LEP 2010 maps. Bush Fire Risk Assessment The subject site is not a bush fire prone land as per council Bush fire map. Section 79C(1)(b) - likely impacts of that development Satisf

actory Not Satisfactory

Not Relevant

Comment

Context & Setting

Yes The development is integrated with the physical attributes of the site, including appropriate provision for access to natural light and ventilation, privacy, noise attenuation, landscaping and off-street parking. The proposal is rigid in approach to site conditions however sufficient compliance and amenity impacts can be achieved.

Streetscape Yes The streetscape is adequately addressed and will be consistent to what has been built in the area.

Traffic, access and parking

Yes Vehicle access to the site and dwelling is direct via concrete crossway. The parking requirements on site are met by a triple garage. Access is satisfactory.

Public Domain

Yes The proposed development does not impede public amenity in any way.

Utilities Yes All services are connected and available to the site.

Heritage n/a The proposal is not located within the Wagga Wagga Conservation area.

Other land Resources

n/a No other land resources are present on the proposed site.

Water Quality & Stormwater

Yes It is considered that the water impacts associated with the proposal will be within accepted environmental criteria and will therefore not lead to deterioration in water quality. Stormwater is to be collected on the site and discharged in an approved method.

Soils, soil erosion

Yes Soil erosion measures will be imposed as conditions of consent and their implementation controlled during construction. Soil erosion measures have been proposed.

Air and microclimate

Yes The development will not lead to deterioration in air quality.

Flora and Fauna Trees

Yes The proposal will not involve the removal of any significant vegetation. Removal of existing small trees, shrubs and ground vegetation cover will be carried out for site cut.

Waste Yes The proposal has no issues subject to conditions being incorporated into the consent. The site will be serviced by Council’s waste collection pickup.

Energy Yes The development will comply with the accompanying BASIX certificate as approved by council.

Noise & vibration

Yes The construction of the development will generate some noise; however the impacts are determined to be negligible. Hours of construction works apply.

Hours of operation

n/a The development will comply with the Hours of operation as defined in the Wagga Wagga DCP 2010

Natural n/a Site is not a bush fire prone land. Site is not

hazards - Flooding - Bushfire Prone

flood affected.

Technological Hazards

Yes The development will incorporate best practice technology into the design and use of the proposal.

Safety, security and crime prevention

Yes The property fences that provide safety to the site are to be retained.

Social impact in locality

Yes The erection of the dwelling will provide housing needs for the members of community. Positive social impact due to increased development in the area. The development encouraged further development in the area in accordance with the zoned use of the area.

Economic Impact in Locality

Yes The development will provide local employment and expenditure during the development.

Site design and internal design

Yes Dwelling is positioned on the lot to maximise solar exposure, to provide private open space and high quality of living. The block is relatively small in size. The rear setback will leave enough space for private open space.

Overlooking - overshadowing

Yes The development proposal will have minimal impact on the views enjoyed by neighbouring properties. The development will not adversely effect overshadowing to the neighbouring property as it is a single storey structure.

Landscaping Yes It is generally considered that the existing extensive landscape will be retained on the site.

Construction Yes Conditions of consent will control hours of construction and associated impacts such as dust and noise, ensuring they are kept to an acceptable level.

Private open space

Yes Compliant. Extensive private open space on R5 block.

Cumulative Impacts

Yes The development has taken into consideration the potential impacts on the locality and as such it is considered that the potential cumulative impacts will be minimal.

Disabled access

n/a Not required

Signage n/a No signage is proposed. Setbacks, Building Envelopes

Yes Development meets requirements for setbacks. There is a building envelope with 1m side setback. The dwelling is located inside of the building envelope.

Section 79C(c) - the suitability of the site for the development The subject land located at 18 Plunkett Drive is within an established residential area. The development meets all relevant planning intent and provisions and will result in an architectural design that is appropriate in scale and form that will not cause significant adverse impacts on the existing built environment, or local character and amenity and will contribute to the social and economic development of the area. Section 79C(d) - any submissions made in accordance with the Act or the regulation - No Referrals - Standard internal Council referrals of the application occurred. The application is supported, subject to conditions. Notification - In accordance with the Council’s advertising and notification provisions outlined in Section 1.10 of the Wagga Wagga Development Control Plan 2010 the application in notified for seven days (14 January – 22 January 2016). The amended plans submitted after notification period show that fill works have been reduced and consequently impacts thus re-notification would not be required. Advertising - In accordance with the Council’s advertising and notification provisions outlined in Section 1.10 of the Wagga Wagga Development Control Plan 2010 the application does not require advertising. Public Submissions and those from public authorities - Nil submissions have been received at the time of this report. Section 79C(e ) - the public interest Taking into account the full range of matters for consideration under Section 79C of the Environmental Planning and Assessment 1979 (as discussed within this report) it is considered that approval of the application is the public interest. Developer Contributions Plans

Developer Contributions - Section 94/94A & Section 64 Local Government Act, 1993 and Section 306 Water Management Act, 2000 A Section 94A contribution is not applicable as S94 would have been paid at the time of the subdivision.

Section 64 contributions were paid at the time of subdivision, no further charges apply. REFERRALS: Building Surveyor:- Luka Stanic Plumbing Inspector: - Yes Subdivision Engineer:- No Environmental Officer: - No Asset Officer:- No Other Approvals Nil CONCLUSION: An assessment of the application has resulted in this application being supported on the following grounds:

- The application is for a Dwelling which is consistent use in the R5- Large Lot Residential Zone.

- The development complies with the requirements of the Environmental Planning and Assessment Act 1979 and will not compromise the outcomes sought for the Wagga Wagga Local Environmental Plan 2010.

- An assessment of the application against the relevant sections of the Wagga Wagga Development Control Plan 2010 demonstrates that the proposed development will not cause any significant adverse impacts on the surrounding natural environment, built environment, infrastructure, community facilities or local character and amenity.

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NOTESDO NOT SCALE OF THIS DRAWING.DISCREPENCIES ARE TO BE REFERRED TO THEBUILDER PRIOR TO COMMENCING WORK.FINSIH AND WORKMANSHIP TO COMPLY WITH THEBCA AND RELEVANT AUSTRALIAN STANDARDS.MATERIALS TO BE SUPPLIED NEW AND UNDAMAGED.

FINAL CONSTRUCTIONDRAWINGSAs per conditions of contract, these drawings are aprecise representation of what is to be built and itemsnot on this drawing or in the specification are deemednot to be part of the contract.

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D REVISIONS 22.09.15E DA/CC 11.01.16F SITE FILL 15.02.16G VARIATIONS 01.03.16

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1 : 250 @ A3

SITE PLAN1



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Mark Manufacturer Model Height Width BASIX DATA EAVES ORIENTATION Area

5 DOWELL btqgs-1224 1200 2400 ALUMINIUM - SINGLE GLAZED - CLEAR 450+ EAST 2.88 m²6 DOWELL ar-2009 2000 850 ALUMINIUM - SINGLE GLAZED - CLEAR 450+ EAST 1.70 m²7 DOWELL ar-2009 2000 850 ALUMINIUM - SINGLE GLAZED - CLEAR 450+ EAST 1.70 m²

6.28 m²1 DOWELL ar-1818 1800 1810 ALUMINIUM - SINGLE GLAZED - CLEAR 450+ NORTH 3.26 m²2 DOWELL ar-1818 1800 1810 ALUMINIUM - SINGLE GLAZED - CLEAR 450+ NORTH 3.26 m²4 DOWELL ar-1818 1800 1810 ALUMINIUM - SINGLE GLAZED - CLEAR 450+ NORTH 3.26 m²

9.77 m²3 DOWELL ar-1809 1800 850 ALUMINIUM - SINGLE GLAZED - CLEAR 2000+ NORTH 1.53 m²

1.53 m²8 DOWELL ar-2018 2000 1810 ALUMINIUM - SINGLE GLAZED - CLEAR 450+ SOUTH 3.62 m²9 DOWELL ar-2018 2000 1810 ALUMINIUM - SINGLE GLAZED - CLEAR 450+ SOUTH 3.62 m²

7.24 m²10 DOWELL ar-2018 2000 1810 ALUMINIUM - SINGLE GLAZED - CLEAR 2000+ SOUTH 3.62 m²

3.62 m²11 DOWELL ar-2009 2000 850 ALUMINIUM - SINGLE GLAZED -

OBSCURE450+ WEST 1.70 m²

13 DOWELL ar-1218 1200 1800 ALUMINIUM - SINGLE GLAZED - CLEAR 450+ WEST 2.16 m²14 DOWELL ar-1218 1200 1800 ALUMINIUM - SINGLE GLAZED - CLEAR 450+ WEST 2.16 m²15 DOWELL ar-1006 1000 600 ALUMINIUM - SINGLE GLAZED - CLEAR 450+ WEST 0.60 m²

6.62 m²12 DOWELL ar.1015 1000 1500 ALUMINIUM - SINGLE GLAZED -

OBSCURENONE WEST 1.50 m²

1.50 m²36.56 m²

Door Schedule

Mark Manufacturer Type Comments Height Width Area

D01 HUME 1200.PIV SOLID CORE PIVOT DOOR 2040 1200 2.45 m²D02 DOWELL 820.G ALUMINIUM - SINGLE GLAZED 2117 915 1.94 m²D03 DOWELL 2336.ENTSD ALUMINIUM - SINGLE GLAZED 2370 3570 8.46 m²D04 DOWELL 2424.SD ALUMINIUM - SINGLE GLAZED 2370 2400 5.69 m²D05 DOWELL 2336.ENTSD ALUMINIUM - SINGLE GLAZED 2370 3570 8.46 m²D06 DOWELL 2336.ENTSD ALUMINIUM - SINGLE GLAZED 2370 3570 8.46 m²

35.46 m²No. Amendment Date


VAPOUR BARRIER REINFORCED CONCRETE WAFFLERAFT SLAB DESIGN TO STRUCTURALENGINEER'S DESIGN AND DETAIL

NOMINAL 800mm WIDE PLAINCONCRETE PATHS WITH FALLAWAY FROM RESIDENCE

GROUND LINE

FFL

FC LINED EAVES SOFFITAND QUAD MOULDINGS

FCL

REFLECTIVE FOIL SARKING

TERMITE PERIMETER BARRIER TOMANUFACTURER'S SPECIFICATION

BRICK VENEER EXTERNAL WALLS(240mm NOMINAL THICKNESS)(90mm STUD FRAMED INTERNAL)

CORNICE AS SELECTED

R3.0 INSULATION TO CEILING

PRE-FABRICATED TERMITE TREATEDWALL FRAMES TO MANUFACTURER'SSPECIFICATION

10mm PLASTERBOARD LINEDCEILINGS AND WALLS

R2.0 INSULATION TOEXTERNAL WALLS

PRE-FABRICATED TERMITE TREATEDTIMBER TRUSSES TO MANUACTURER'SSPECIFICATIONS

COLORBOND METAL FASCIA, GUTTERSAND FLASHINGS AS SELECTED

25°

COLORBOND METAL ROOF SHEETINGTO MANUFACTURER'S SPECIFICATION

CO

NFI

RM

ON

SIT

E

2700

REFLECTIVE FOIL SARKING

FFL0

FCL2700

12 m²BED 5

CARPET26 m²KIT

TIM. FLOOR22 m²

ACTIVITYCARPET

NATURAL GROUND

MAX

RID

GE

HEI

GH

T

6386



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1 : 50 @ A3TYPICAL SECTION

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1 : 100 @ A3BUILDING HEIGHT

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Stanic, Luka

From: Nathan McIntosh <[email protected]>Sent: Monday, 15 February 2016 4:28 PMTo: Stanic, LukaCc: Wagga Wagga City CouncilSubject: DA16/0017Attachments: SK1501 - MCGILL - 18 PLUNKETT DRIVE_DACC_V3.pdf

Follow Up Flag: Follow upFlag Status: Flagged

Hi Luka, Please find enclosed further information as requested. WWCC DCP 2010 – Sec 9.3.7 – C2

- We wish to vary the above control. The control calls for a minimum 2m setback from side boundaries to any point of the building.

- We wish to vary the setback to 1m. - The proposed variation would be a 50% variation to the control. - The proposed variation would bring the residence in line with the majority of the subdivision

without creating adverse effects on the objectives. o Sec 9.3.7 – O1 – A 1m setback is consistent with all R1 residential development in

Wagga Wagga. It has been shown to provide adequate separation between buildings. o Sec 9.3.7 – O2 – A large number of developments in the locality have been approved

over the last 4 years with setbacks less than 2m. o Sec 9.3.7 – O3 – A 1m setback allows sufficient access for maintenance. This can be

seen across Wagga Wagga. o Sec 9.3.7 – O4 – The setback will not adversely affect the adjoining landowner. As

per the submitted working drawings the building is proposed to be 1200mm from the western boundary as well as being cut into the site by 1.5m. As such there will be no impact on the natural light, views, landscaping, privacy and ventilation.

WWCC DCP 2010 – Sec 9.4.6

- Control C1 – Owners consent will be provided as soon as possible. - Control C2 – Please see revised plans showing batter protection to fill at the rear of the

property. Fill will be no higher than 1.5m and will finish within 3m from the building. - Soil and water management details have been shown on the site plan. - The location of overland flow and site pit has been shown on the site plan.

88b Instrument

- Please see revised plans showing max height of ridge line at 6.38m - Please see revised plans indicating that the rear boundary fence adjoining the public reserve

will be rural fencing by owner. - I must have got the construction cost wrong. Shane has told me that the development cost

estimate should be $495,000. Let me know if you need anything else Luka. Cheers, Nathan.

Regards

2

Nathan McIntosh Design Consultant Matt Jenkins Homes Ph: 02 6925 6888 Fax: 02 6925 3110 Email: [email protected] Web: mattjenkinshomes.com.au Social: facebook Office: 18 Dobney Av, Wagga Post: Po Box 8757 Wagga Wagga NSW 2650

separate cover attachment - city of wagga wagga · separate cover attachment psrp-4 - da16/0017...

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