vehicular and pedestrian access

Approved Development: Demolition of existing structures, lot consolidation,

construction of a commercial development comprising of a

supermarket, liquor store, retail tenancies and associated

landscaping, basement and ground level car parking and

vehicular and pedestrian access

Proposed Modification: S4.55(1A) modification to DA19/0102 – modify pick up area,

parking arrangements and landscaping and new signage and

façade treatments

Property: Lot 100 DP 1261768, 32 Flora Street, Kirrawee

Applicant: Woolworths Group Limited

File Number: DA19/0102

Application Number: MA20/0354

To be determined by: Daniel Lukic

Report from: Daniel Lukic

REPORT SUMMARY

PROPOSED MODIFICATIONConsent is sought for the following:

Amend the existing pick up area at the ground level to allow for a drive through pick up

arrangement.

New signage and amendments to approved signage (size, location).

Removal of substation fencing.

Removal of a STIF tree in the north-west corner of the site adjacent to the driveway access ramp

to the podium parking.

A number of minor changes throughout the development which have resulted from detailed

design work, being:

- Basement level changes.

- Ground level changes.

- Elevation changes.

THE SITE

DA No. DA19/0102 - Section 4.55 Report

The subject site is located off the southern side of Flora Street and has a combined site area of

approximately 9,706.1m². The site is approximately 100m east of the main street of the Kirrawee Town

Centre and is 200m walking distance to the entry of Kirrawee Train Station.

ASSESSMENT OFFICER’S RECOMMENDATION1.0 THAT:A. That pursuant to the provisions of Section 4.55(1A) of the Environmental Planning and

Assessment Act 1979, the requested modification to Development Consent No. DA19/0102

dated 19 Dec 2019 for Demolition of existing structures, lot consolidation, construction of a

commercial development comprising of a supermarket, liquor store, retail tenancies and

associated landscaping, basement and ground level car parking and vehicular and pedestrian

access at Lot 100 DP 1261768, 32 Flora Street, Kirrawee be supported.

B. That Development Application No. DA19/0102 for Demolition of existing structures, lot

consolidation, construction of a commercial development comprising of a supermarket, liquor

store, retail tenancies and associated landscaping, basement and ground level car parking and

vehicular and pedestrian access at Lot 100 DP 1261768, 32 Flora Street, Kirrawee be modified

as follows:

1. Approved Plans and Documents The development must be undertaken substantially in accordance with the BASIX certificate, details

and specifications set out on the following approved plans:

Plan number Reference Prepared by Date

A00.01 (Revision 10) Title Sheet, Location Plan and Drawing

List

BN Group Pty Ltd 22.10.19

A02.01 (Revision 10) Demolition Plan BN Group Pty Ltd 22.10.19

A06.02 (Revision 10) Proposed Floor Plan CP - B1 BN Group Pty Ltd 22.10.19

A06.02 (Revision 11) Proposed Floor Plan CP - B1 BN Group Pty Ltd 24.02.20

A06.02 (Revision PR-14) Proposed Floor Plan CP - B1 BN Group Pty Ltd 30.09.20

A06.03 (Revision 10) Proposed Site Plan & Floor Plan - GL BN Group Pty Ltd 22.10.19

A06.03 (Revision 11) Proposed Site Plan & Floor Plan - GL


A06.03 (Revision PR-14) Proposed Site Plan & Floor Plan - GL


A06.10 (Revision 10) Proposed Roof Plan BN Group Pty Ltd 22.10.19

A06.04 (Revision PR-14) Proposed Roof Plan BN Group Pty Ltd 30.09.20

A10.01 (Revision 10) S1874 - Proposed Elevations BN Group Pty Ltd 22.10.19


A10.01 (Revision PR-14) S1874 - Proposed Elevations BN Group Pty Ltd 30.09.20




A10.02 (Revision PR-14) S1874 - Proposed Elevations BN Group Pty Ltd 30.09.20

A11.01 (Revision 10) Sections BN Group Pty Ltd 22.10.19

A80.02 (Revision 10) Signage Details BN Group Pty Ltd 22.10.19

A80.10 (Revision 7) Materials Board BN Group Pty Ltd 02.06.19

000 (Issue L) Landscape Plan Site Image 28.10.19

000 (Issue O) Landscape Plan Site Image 10.09.20

101 (Revision M) Landscape Plan Basement Site Image 28.10.19

101 (Revision P) Landscape Plan Basement Site Image 10.09.20

102 (Issue I) Landscape Plan Ground Floor Site Image 28.10.19

102 (Issue L) Landscape Plan Ground Floor Site Image 10.09.20

501 (Issue G) Landscape Details Site Image 12.08.19

501 (Issue I) Landscape Details Site Image 10.09.20

DA_C1.01 (Revision 2) Cover Sheet, Drawing List and Location

Plan

Northrop 06.02.19

DA_C1.50 (Revision 2) General Arrangement Plan Northrop 06.02.19

DA_C2.01 (Revision 2) Concept Sediment and Erosion Control

Plan

Northrop 06.02.19

DA_C2.02 (Revision 2) Concept Sediment and Erosion Control

Plan

Northrop 06.02.19

DA_C3.01 (Revision 2) Siteworks and Stormwater

Management Plan - Basement Level

Northrop 06.02.19

DA_C3.02 (Revision 2) Siteworks and Stormwater

Management Plan - Ground Floor

Level

Northrop 06.02.19

DA_C4.01 (Revision 2) Concept OSD Tank Details - Sheet 01 Northrop 06.02.19

DA_C4.02 (Revision 2) Concept OSD Tank Details - Sheet 02 Northrop 06.02.19

DA_C5.01 (Revision 2) Pavement, Signage

and Linemarking Plan

Northrop 06.02.19

DA_C6.01 (Revision 2) Stormwater Details Northrop 06.02.19

SCS (Revision 1) General Structural Notes Structural Design

Solutions Pty Ltd

30.01.19

S.101 (Revision 2) Proposed Shoring & Bulk Excavation

General Arrangement Full Plan

Structural Design

Solutions Pty Ltd

05.20.19

S1.31 (Revision 1) Typical Shoring Details Sheet 1 Structural Design

Solutions Pty Ltd

30.01.19

S1.35 (Revision 1) Site Sections Sheet 1 (Cross Sections

Through Rail Corridor)

Structural Design

Solutions Pty Ltd

30.01.19

S1.36 (Revision 1) Site Sections Sheet 2 (Cross Sections Structural Design 30.01.19


Through Rail Corridor) Solutions Pty Ltd

S1.37 (Revision 1) Site Sections Sheet 3 (Cross Sections

Through Rail Corridor)

Structural Design

Solutions Pty Ltd

30.01.19

40169_010DT Sheets 1,

2, 3 and 4 of 6 (Revision

G)

Plan of Detail and Levels over Lots A,

B, C & D in DP373473, PT B in

DP373473 & SP12439 at No.24-38

Flora Street Kirrawee & Intersections of

Flora Street & Bath Road & Princes

Highway (Project No.40169)"

LTS Lockley 28.08.13

11085 (Revision 1) Kerb and Linemarking Sketch -

Intersection President Avenue/Oak

Road

Colston Budd Rogers &

Kafes Pty Ltd

17.09.19

No reference President Avenue Roadwork Concept

Plan

Colston Budd Rogers &

Kafes Pty Ltd

Submitted

to Council

on

31.10.19

GS 0.0 (Revision C) Title Page BN Group Pty Ltd 1.10.20

GS 0.2 (Revision B) Site Plan BN Group Pty Ltd 28.08.20

GS 0.1 (Revision C) Site Plan BN Group Pty Ltd 1.10.20

GS 0.3 (Revision B) Amenities Plan BN Group Pty Ltd 28.08.20

GS 1.1 (Revision B) Centre Identification BN Group Pty Ltd 28.08.20

GS 1.2 (Revision A) Centre Identification BN Group Pty Ltd 28.08.20

GS 1.3 (Revision B) Centre Identification BN Group Pty Ltd 1.10.20

GS 1.4 (Revision A) Centre Identification BN Group Pty Ltd 1.10.20

GS 2.1 (Revision B) Carpark Wayfinding BN Group Pty Ltd 28.08.20

GS 2.2 (Revision B) Carpark Wayfinding BN Group Pty Ltd 28.08.20

GS 2.3 (Revision A) Carpark Wayfinding BN Group Pty Ltd 28.08.20

GS 3.1 (Revision A) Woolworths Carpark BN Group Pty Ltd 28.08.20

GS 3.2 (Revision B) Woolworths Carpark BN Group Pty Ltd 28.08.20

GS 4.1 (Revision A) Pick Up Signage BN Group Pty Ltd 28.08.20

GS 5.1 (Revision A) Internal Signage BN Group Pty Ltd 28.08.20

GS 5.2 (Revision B) Internal Signage BN Group Pty Ltd 28.08.20

and any details on the application form and on any supporting information received with the application

except as amended by the following conditions.

Note: The following must be submitted to Sutherland Shire Council prior to the commencement of any

building or subdivision work.

i) A Construction Certificate.

ii) Notification of the appointment of a Principal Certifying Authority and a letter of acceptance from


that Principal Certifying Authority.

iii) Notification of the commencement of building and/or subdivision works with a minimum of 2

days’ notice of such commencement.

(Modified – XXXX)

2. Design Changes Required A. Before ConstructionThe following design changes must be implemented:

i) (Deleted – 1 May 2020)

ii) To provide a positive streetscape contribution, Tree 2 and Tree 3 are to be retained. To ensure

that the health and long term wellbeing of these trees as identified in the “Arboricultural Impact

Appraisal and Method Statement” prepared by Naturally Trees (dated 17.01.19), the excess pedestrian

or unlisted westernmost trolley collection bay located along the northern property boundary and the

northern most trolley collection bay located on the western property boundary must be deleted.

The outer face of the external basement wall must be moved east so that it is located no more than

0.5m from the edge of the adjacent car parking space.

The western most parking space located adjacent to the northern property boundary must be converted

into a trolley collection bay to minimise abandoned trolleys within the north-western portion of the

basement parking level.

iii) To ensure that the development does not have negative streetscape and landscape outcomes, this consent does not authorise the construction of any blast wall, radiant heat shield and/or the like around the firehose and sprinkler/hydrant booster valves assembly to satisfy Australian Standard AS2419. The consultant fire engineer must provide a performance based solution(s) to satisfy Australian Standard AS2419.(Modified – 1 May 2020)

iv) To provide greater landscaping along the street frontage and to ensure that the development has

a positive streetscape contribution, Tree 7 is to be retained in a landscaped bed between the property’s

front boundary and northern face of the security roller shutter to the basement car park entry.

The driveway areas/ramp are to be constructed above existing grade (i.e. no excavation) within the

identified structural root zone (SRZ - 3 metre radius from centre of trunk); and any areas of cut for the

basement ramp are to be limited to a maximum of 10% - 15% of the tree protection zone (TPZ) of the

tree.

v) To ensure the long term health and wellbeing of Tree 2 and Tree 3, a minimum 1m of additional

landscape area between the north-western driveway access and Trees 2 and 3 must be provided. To


achieve the additional metre, the north-western driveway access must be reduced in width as follows:

a) The median dividing the entrance and exit lanes must not exceed 1m in width for its entire length

as shown on the approved plans,

b) The driveway’s eastern most kerb, orientated north-south in direction, must be relocated a

minimum 1m to the west for its entire length from Flora Street until it meets to east-west

orientated kerb located immediately to the west of the amenities facilities,

c) The adjusted north-south kerb must be connected to the east-west kerb (located adjacent to the

amenities facilities building) by a revised radius kerb line,

d) The entry lane must be retained at 4m, however, to account for the relocated kerb required by

(b) above, the entry lane will taper in size however, it cannot be less than 3.5m wide (when

measured between the median and the adjusted north-south kerb) when it meets the physical

parking area,

e) The width of the exit lane at the property’s northern boundary must be retained as shown on the

approved plans.

vi) To provide greater landscaping along the street frontage and to ensure that the development has

a positive streetscape contribution, the pedestrian access located between the water meter and the

substation must be reduced to 1.5m.

Apart from 1m pedestrian mulched access as denoted on the approved landscape plans, the area of

land between the amended pedestrian access and the substations must be landscaped, using

additional shrubs CLJ (Callistemon viminalis “Little John’) as denoted on the approved landscape

plans.

vii) To ensure that the development has a positive landscape character and to ensure that success

of the landscaping proposed in the south-west corner of the site, the south-western wall of the

basement must extend through to the podium parking area, deleting an undercroft in the south-west

corner of the site.

The podium parking in the south-west corner of the site must be amended as a result of the basement

wall extending through. In this regard, the podium planter box containing the proposed Tristaniopsis

lauruna “Luscious” must be deleted and a Syncarpia glomulifera - Turpentine Tree must be planted in

its place but on the ground level.

viii) The podium Specialty Retail, atrium, Dan Murphys and Woolworths supermarket must have a

finished floor level of RL97.65. The piazza is permitted to localised falls to allow for drainage.

(Modified – 1 May 2020)

ix) To ensure that the health and long term wellbeing of Trees 2 and 3 as identified in the

“Arboricultural Impact Appraisal and Method Statement” prepared by Naturally Trees (dated 17.01.19),

the 5 bicycle parking spaces located adjacent to the access ramp from Flora Street are deleted. The


area must be deep soil and suitably landscaped.

x) To ensure that the health and long term wellbeing of Trees 2 and 3 as identified in the

“Arboricultural Impact Appraisal and Method Statement” prepared by Naturally Trees (dated

17.01.19), one of the following options must be undertaken:

a) the access ramp from Flora Street located adjacent to the podium Specialty Retail must be no

greater than 2m wide, measured from the western edge of the podium Specialty Retail tenancy, or

b) if it is preferred to retain a 4m wide pedestrian access ramp from Flora Street to the piazza podium, the pedestrian access ramp must be moved 2m to the east of its location shown on the plan titled “Proposed Site Plan & Floor Plan GL” Drawing Number A06-03 (Revision 11) prepared by BN Group Pty Ltd (dated 24.2.20). To accommodate this, the podium specialty retail tenancy in its entirety or its western frontage may be moved 2m to the east of its location on the aforementioned plan. There must be a minimum 16.5m separation distance between the eastern edge of the podium driveway access and the pedestrian access ramp. (Modified – 1 May 2020)

xi) To ensure that the health and long term wellbeing of Trees 2 and 3 as identified in the

“Arboricultural Impact Appraisal and Method Statement” prepared by Naturally Trees (dated 17.01.19)

and to account for the deletion of the bicycle parking area (refer to Design Change condition 2A(ix)

and) the revisions required to the access ramp (refer to Design Change condition 2A(x)), one of the following options must be undertaken:

a) only in conjunction with Option 2A(x)(a) above, the podium amenities facilities located to the

west of the ramp/piazza/podium Specialty Retail Tenancy must be located 2m east of the

location shown on the plan titled “Proposed Site Plan & Floor Plan - GL”. The roof form must also

be amended and follow the relocated building form., or b) only in conjunction with Option 2A(x)(b) above, the podium amenities facilities located to

the west of the ramp/piazza/podium Specialty Retail Tenancy must be moved a minimum 2m to the east of its location shown on the plan titled “Proposed Site Plan & Floor Plan GL” Drawing Number A06-03 (Revision 11) prepared by BN Group Pty Ltd (dated 24.2.20). (Modified – 1 May 2020)

xii) To ensure that the development will result in having a positive streetscape and landscape setting

and to allow for additional landscaping to be planted within the podium parking area, the excess area

within the fire stair is deleted and the external northern wall of the fire stair must be move 1m south

creating a larger podium planter area. The larger planter bed must be suitably landscaped using the

same species that are denoted as “De”, “Dc” and “By” on the approved plan titled “Landscape Plan -

Ground Floor”.

The exterior of the stairwell must comprise an orange or gloss and matt shingle/clay tile façade finish

as referred to on the plan titled “Materials Board”. The roof over the fire stairs must be adjusted and


any eave must not be greater than 0.3m from the exterior walls.

xiii) To reduce the visual impacts of substations and to ensure that the development will have a

positive streetscape contribution building aesthetic, the substations must be fully enclosed, comprising

either vertical or horizontal palisade elements. The enclosure and its materials must be certified by the

Private Certifying Authority and/or a suitably qualified or practicing fire engineer. The enclosure must

be recessive in colour and be complementary to the colour scheme of the approved development. The

electrical substations must be setback from the site’s front property boundary so that no part of any

easement is located within the Flora Street road reserve. (Added – 27 April 2020.)

xiv) To ensure that the development will result in having a positive streetscape and landscape

setting, car parking shade sails must not contain any business identification, corporate branding, be

used for advertising and/or product placement.

xv) To ensure that the health and long term wellbeing of vegetation established across the site’s

frontage, particularly in and around Trees 2 and 3 and to enhance amenity to users of the site, the roof

over the access ramp is to comprise either skylights or a pergola, similar to what is proposed over the

pedestrian access located between the liquor retail tenancy and the podium Specialty Retail tenancy.

The width of the roof must be adjusted to accord with Design Change condition 2A(x).

xvi) To reduce proliferation and poor signage siting, Tenant Pavilion Wall Signage denoted as

“Reference E” on the approved Signage Details plan is deleted. This sign is located to the rear of mid-

storey and significant vegetation which will impede its visual presence on Flora Street.

xvii) To prevent unauthorised access of any delivery and/or service vehicle to the podium parking

area, a gantry must be designed and installed on the north-west driveway entrance in accordance with

the following requirements:

be cantilevered in design and only over the entry lane,

be a colour that contrasts with the built form and background,

contain signage and details to advise entry is limited to vehicles 2.2m and less in height

be recessed 8m from the front property boundary, and

not installed in or have any footings within any deep soil landscape areas.

xviii) The freestanding pole sign located in the north-west corner of the site must be limited to 6m in

height above natural ground level as detailed on the plan titled “Signage Details”.

xix) To ensure the long term survival of podium trees denoted as “TI” Tristaniopsis lauruna

“Luscious” (common name Water Gum), the planter boxes must have a depth of 1.2m.

xx) To minimise the impacts upon adjoining sensitive receptors, parking areas and access thereto


must not be comprised polished surfaces to prevent tyre squeal.

xxi) Liquid discharge from air handling systems resulting from the operation, maintenance and/or any

cleaning operations must be disposed to sewer. Disposal to the stormwater system is not permitted.

Details must be provided on the plans for approval by the Private Certifying Authority.

xxii) As car parking on Flora Street is at a premium, the use of on-street parking to allow

loading/unloading, waste collection (garbage, recycling and grease) and other servicing of the 2

lower ground floor retail tenancies is not permitted. Therefore, 2 car parking spaces within the

basement level must be designated as a loading/unloading and waste collection zones and must only

be used between the hours of 7am to 9am, Monday to Sunday.

The loading/unloading and waste collection zone for the lower ground tenancies must be located as

close as practical to the lower ground floor retail tenancies to reduce motor vehicle and pedestrian

conflict and to minimise noise and odour impacts to adjoining and nearby sensitive receptors.


The designated loading/unloading and waste collection zone must be delineated, by a combination of appropriate signage and linemarking. The size of the designated loading/unloading and waste collection zone must be appropriately sized to accommodate all waste collection vehicles. (Modified – 1 May 2020)

To ensure waste collection personnel can access the basement tenant bin store from the designated loading/unloading and waste collection zone, an access door must installed on the southern wall of the waste store.(Modified – 1 May 2020)

Appropriate signage must be installed either on the wall immediate adjacent to the spaces,

painted/stencilled on the ground or a combination of both to designate the loading/unloading and waste

collection zones.

Details of these design changes must be included in documentation submitted with the relevant

application for a Construction Certificate.


(xxiii) As Tree 7 must be retained, the replacement retaining wall must be constructed using isolated pier and beam and materials that will not cause any damage to significant roots within the Tree Protection Zone.

The design of the retaining wall must be endorsed by both the applicants engineer and supervising arborist, and the construction supervised by a suitably qualified and practicing


arborist to ensure the health and wellbeing of Tree 7 is not affected as a result of the construction of the new retaining wall.

The security fence must be constructed only on top of the retaining wall. No part of the fence is permitted to be constructed in the deep soil area surrounding Tree 7. (Added – 1 May 2020)

(xxiv) To ensure the health and the long term wellbeing of retained Trees 2 and 3 (and its associated landscaping) as identified in the “Arboricultural Impact Appraisal and Method Statement” prepared by Naturally Trees (dated 10.01.19), no part and/or elements of the access security gate to the podium parking area is to encroach beyond the kerb line of the entry access lane. Therefore, no post(s), bump stop(s) and/or the like must not be constructed beyond the kerb line. (Added – 1 May 2020)

(xxv) To ensure the health and long term survival of the vegetation planted between the site’s western property boundary and the exit lanes from the podium parking area to Flora Street, the western portion of the access security gate must not swing past the kerb line of the egress lane. Therefore, a bump stop must be installed on top of the aforementioned kerb to prevent the gate swinging into the vegetated area. (Added – 1 May 2020)

(xxvi) In accordance with Control 3.1(5), Chapter 34 of Sutherland Shire Development Control Plan 2015, the security fence located on the eastern and southern property boundaries must not exceed 1.8m above the natural ground level. (Added – 1 May 2020)

In accordance with Control 3.1(6), Chapter 34 of Sutherland Shire Development Control Plan 2015, where a portion of the fence is a retaining wall, 1.8m is the total maximum height permitted (measured from natural ground level). Refer to Section 3, Diagram 4 of Chapter 34 of Sutherland Shire Development Control Plan 2015 for more information. (Added – 1 May 2020)

(xxvii) Trees 02 and 03 as denoted on the approved landscape plans are not permitted to be removed from the site and must be retained.

(xxviii) The following signs are not supported and must not be erected or installed:

B.11 Parking Arrow (refer to Drawing GS 0.2 (Rev B) Site Plan)

A.12 Tenant Signage Zone Façade (refer to Drawing GS 0.1 (Rev C) Site Plan)

A.04 Woolworths Icon located on the western wall of the stair access/fire escape adjacent to the Woolworths Pickup area (refer to Drawing GS 0.1 (Rev C) Site Plan)

D.02 and D.03 located to the west of the Dan Murphys liquor retail premises and adjacent to the drive through pick up area. In lieu of Signs D.02 and D.03, the 4 parking spaces must be suitably linemarked, stencilled and coloured green to designate the spaces are only to be used for short term parking for the pickup of goods.


(xxix) The following signs are amended as follows:

Sign A.14 must have a 1m height to ensure that there is no conflict between the architectural/elevation plans and the signage package plans.

Signs A.02 and A.07 must be 1.875m in height to ensure that there is no conflict between the architectural/elevation plans and the signage package plans.

Sign A.03 is not supported. Sign A.05 must be used in place of Sign A.03.

Sign A.08 is not supported. Sign A.06 must be used in place of Sign A.08.

(xxx) The proposed planter box shown on the plan titled “Landscape Plan Basement” Drawing Number 101 (Revision P) prepared by Site Image dated 10.09.2020 located to the north of the ground floor retail tenancies Tenancy 2 and Tenancy 3 is not supported. Therefore, the landscaping in front of Tenancies 2 and 3 must be installed in accordance with the plan titled “Landscape Plan Basement” Drawing Number 101 (Revision M) prepared by Site Image dated 28.10.2019 except 4 trees Pyrus calleryana ‘Capital’ must be planted instead of 3 trees as shown on the aforementioned plan. 2 trees must be planted to the west and 2 to the east of the access stairs in front of Tenancies 2 and 3 as shown on the plan titled “Proposed Floor Plan – CP-B1 (Revision PR-14) prepared by BN Architects Drawing Number A06-02 dated 30.09.2020.

(xxxi) The new location of the water tank pump room adjacent to the rain water tank as shown on the plan titled “Proposed Floor Plan – CP-B1 (Revision PR-14) prepared by BN Architects Drawing Number A06-02 dated 30.09.2020 results in a motorcycle parking space that does not comply with the minimum dimensions in accordance with Australian Standard AS2890.1. Prior to the issue of a revised Construction Certificate, the motorcycle parking spaces must be revised to satisfy AS2890.1. In this regard, linemarking can be delineated from the edge of the pump. This area must accommodate 3 motorcycle parking spaces.

4. Nature and Content of Signage A. Ongoingi) All signage must relate to the tenancy to which it is affixed or proximate.

ii) No advertising of goods, products or services which does not relate to the tenancy is permitted

on any building façade or displayed from any window, whether orientated internally or external to

the site. Commercial sponsorship advertising is not permitted.

iii) Should any tenancy cease to operate, all approved signage relating to the tenancy must be

removed within 7 days of cessation of trade.

iv) Any illuminated signage must be fitted with timers and dimers so that their timing and brightness

can be controlled.

v) To ensure minimal impact upon adjacent sensitive receptors, all illuminated signs must not

exceed 400cd/m2 between sunrise and sunset or exceed 100cd/m2 between sunset and

cessation of trade for each tenancy. The illumination of signage outside hours of operation

specified by Condition 67 is not permitted.

vi) Animated signs, banners, flags, mechanical moving signs, scrolling messages, moving LED


signs, video and/or television screens, projected laser advertising, flashing signs, signs with

large areas of red or resembling traffic lights and/or other emergency signage are not permitted

to be used. When active, all signs must be continuously illuminated.

vii) All wall signs must not protrude more than 0.3m from the face of the built form.

viii) No additional signage is permitted to be erected on and/or at the periphery of the site.

ix) All signs must be internally illuminated. External illumination is not permitted. For example, flood

lit signage.

x) Wiring of all illuminated signs must be concealed.

B. Prior to issue of any Occupation Certificationi) Prior to the issue of an Occupation Certificate for the occupation and use of the first retail

tenancy, the persons having the benefit of this consent must engage a suitable qualified

engineer to provide certification to the Private Certifying Authority that lighting lux levels do not

exceed those levels referred to in condition (v) above.

ii) The onus is on the persons having the benefit of this consent and/or centre management to

ensure compliance with this condition.

iii) If in the opinion of Council the amenity of the neighbourhood or sensitive receptors are adversely

affected, the intensity and hours of illuminance must be varied to minimise the impacts.

iv) All signage is not permitted to be activated prior to the issue of an Occupation Certificate by the

Private Certifying Authority for the occupation and use of the first retail tenancy.

(Modified – XXXXX.)

15. Internal Driveway, Parking and Manoeuvring A. DesignThe internal driveway profile, parking and manoeuvring areas must be designed in accordance with the

approved architectural plans except where modified by the following:

i) Align with Access and Alignment levels issued by Council's Public Domain Unit.

ii) All "one way" traffic aisles in the car parking area must be clearly identified by signposting and

pavement marking.

iii) The ingress and egress crossing must be clearly identified by signage.

iv) The proposed loading and delivery area must be clearly defined with suitable signposting and

pavement markings.

v) The car park must be line marked to accommodate a total:

251 242 car parking spaces, except as reduced by Design Change Condition 2A(xxii),

9 motorcycles, and

22 bicycles. vi) The internal driveway and car parking area must be paved or concreted and must be finished in

materials other than plain or exposed aggregate concrete.

vii) Provide adequate sight distance for the safety of pedestrians using the footpath area.

viii) Provide a maximum grade of 5% for the first 3 metres inside the property boundary.


ix) Comply with AS2890.1 (2004) B.85 vehicle in relation to the design of vehicular access, parking

and general manoeuvring for the B85 vehicle.

x) Comply with AS2890.2(2002) in relation to the design of vehicular access, parking and general

manoeuvring for the Articulated and Heavy Rigid Vehicle.

xi) The maximum longitudinal grade of the driveway to the loading dock must not exceed 15.4% and

to the car parking area 20%.

A. Construction

Certification from an appropriately qualified engineer to the effect that the design requirements of A.

above have been met must accompany the Construction Certificate.

B. Occupation

Prior to the occupation of the development or the issue of any occupation certificate a suitably qualified

engineer must certify that the works required in A. above were undertaken and completed to their

satisfaction and in accordance with the requirements of this Development Consent. This certification

must be provided to the PCA and a copy also provided to Council.

C. On-going

The approved parking must be used exclusively for car parking as approved for the life of the

development.


ASSESSMENT OFFICER’S COMMENTARY

2.0 DESCRIPTION OF PROPOSED MODIFICATIONAn application has been made under the provisions of Section 4.55(1A) of the Environmental Planning

and Assessment Act, 1979 (EP&A Act) to modify the terms of Development Consent No.DA19/0102.

Council by Development Consent No. DA19/0102 issued on 19 December 2019 granted approval for

Demolition of existing structures, lot consolidation, construction of a commercial development

comprising of a supermarket, liquor store, retail tenancies and associated landscaping, basement and

ground level car parking and vehicular and pedestrian access on the subject property.

The specific modification sought to the approved development involves:

Amend the existing pick up area at the ground level to allow for a drive through pick up

arrangement.

New signage and amendments to approved signage (size, location).

Removal of substation fencing.

Removal of a STIF tree in the north-west corner of the site adjacent to the driveway access ramp

to the podium parking.

A number of minor changes throughout the development which have resulted from detailed

design work, being:

- Basement level changes.

- Ground level changes.


- Elevation changes.

3.0 APPROVED DEVELOPMENTDevelopment consent was granted for the demolition of existing structures and the construction of a

commercial development comprising of a supermarket, liquor store, three retail tenancies and

associated landscaping, basement and ground level car parking and vehicular and pedestrian

access. The detailed development assessment report in relation to this development under Section 4.15

of the EP&A Act is attached to Development Application file No DA19/0102.

At present the development is under construction.

4.0 BACKGROUNDA history of the development proposal is as follows:

DA19/0102 was submitted on 15 February 2019 and approved by under delegation on 19

December 2019 subject to suitable conditions of development consent.

Modification Application MA20/0039 was approved on 27 April 2020. Approval was granted a

number of amendments to the consent, specifically 2, 3, 4, 6, 11, 12, 15, 16, 18, 19, 20, 22, 34,

35, 36, 37, 41, 43, 46, 47, 48, 49, 50, 53, 54, 55, 62, 63, 65, 69 and 70.

Modification Application MA20/0040 was approved on 1 May 2020. Approval was granted to

amendments to Condition 1, 2, 15, 25, 37 and Conditions 2A(xxiii), 2A(xxiv), 2A(xxv) and 2A(xxvi)

were inserted to increase protection to retained trees.

The current modification application was submitted on 9 November 2020.

The application was placed on exhibition, with the last date for public submissions being 15

December 2020. 2 submissions were received.

On 18 November 2020, an email was received from the application’s planning consultant

regarding submitting amending plans due other required changes being within the premises. A

response was sent on 19 November 2020 advising that a request pursuant to Clause 55 of the

EPAR2000 must be submitted and for Council to provide a response.

On 25 November 2020, the applicant again contacted Council regarding the amending plans,

advising that additional days were needed to finalise the amending plans. A response was sent

the same day advising the applicant’s requirements pursuant to Clause 55 of the EPAR2000.

On 8 December 2020, an email was sent in response to an email from the applicant on 3

December 2020 who were seeking a status update as amended plans were yet to be provided.

A reply was provided on 8 December 2020 from the applicant advising that amending plans and

a Clause 55 request were not going to be considered and for the application to proceed with the

original plans submitted with the MA.

5.0 NATURE OF MODIFICATION SOUGHTThis application proposes the modification of Development Consent No. DA19/0102 pursuant to Section

4.55(1A) of the EP&A Act. An assessment of the type of modification proposed has been carried out in

accordance with the provisions of the Environmental Planning and Assessment Regulation 2000


(EP&AR 2000) and a Section 4.55(1A) is not the appropriate type of modification application because of

the request to remove Tree 2, being a Eucalyptus paniculata that forms part of the remnant Sydney

Turpentine Ironbark Forest (STIF) along Flora Street. STIF vegetation is listed as critically endangered

pursuant to the Commonwealth’s Environment Protection and Biodiversity Conservation Act 1999 and

critically endangered pursuant to NSW Biodiversity Conservation Act 2016 and as such, the application

is being assessed pursuant to the provisions of s4.55(2).

6.0 PUBLIC PARTICIPATIONAs the application involves modification under Section 4.55(2) of the EP&A Act advertising and

notification are at Council’s discretion. In the case of this application adverting and notification was

required. 362 adjoining or affected owners were notified of the proposal and 2 submissions were

received from the following properties:

Address Date of Letter IssuesUnit 423/31 Flora

Street, Kirrawee NSW

2232

3/12/20 Concerns with light spill from signage on tower and

flood lighting.

Concerns with signage tower facing the dwelling

(Unit 423)

35 Flora St, Kirrawee 6/12/20 Increased traffic

Congestion

Impacts on existing the South Village

Issue 1: Light Spill –flood lighting

Comment: Condition 45 of the consent requires the design and operation of external lighting to have

minimal impacts upon neighbours, motorists and nearby roads. All lighting must be designed in

accordance with AS4882 – Control of the Obtrusive Effects of Outdoor Lighting. Therefore, the persons

having the benefit of the consent and their Private Certifying Authority must ensure lighting must have

minimal impacts for the life of the development.

Issue 2: Amenity impacts from signage

Comment: Condition 4(v) requires all illuminated signs must not exceed 400cd/m2 in illuminance

between sunrise and sunset or exceed 100cd/m2 between sunset and the cessation of trade. The

condition also requires the intensity of the lighting to be certified by a suitably qualified engineer. The

condition also requires signage not to be illuminated outside hours of trade. The illumination intensity of

all signage will have minimal impacts upon sensitive receptors that are located opposite the site.

Issue 3: Traffic and congestion

Comment: This matter was assessed in the assessment of the original application and Council’s Traffic

Engineers did not raise objection to the proposal, subject to conditions for woks to be undertaken in and

around the site to improve the level of service (LoS) at nearby intersections. The modification

application will not result in additional traffic generation and as such, the application is considered

acceptable.


Issue 4: Impacts on access to and from the South Village

Comment: This matter was assessed in the assessment of the original application and Council’s Traffic

Engineers did not raise objection to the proposal. The modification application does not alter access

arrangements into and/or out of the South Village.

Submission Review Panel (SRP)As a result of the submissions received, the issues raised were discussed with the Team Leader and it

was determined that given the nature of the submissions, referral to Council’s SRP was not required in

this instance.

7.0 STATUTORY CONSIDERATIONSThe subject land is located within Zone B4 Mixed Use pursuant to the provisions of Sutherland Shire

Local Environmental Plan 2015. The proposed development, being a mixed use commercial

development, is a permissible land use within the zone with development consent from Council. The

following Environmental Planning Instruments (EPI’s), Development Control Plan (DCP), Codes or

Policies are relevant to this application:

State Environmental Planning Policy (Infrastructure) 2007

State Environmental Planning Policy No 64 - Advertising and Signage

Sutherland Shire Local Environmental Plan 2015

Sutherland Shire Development Control Plan 2015

8.0 COMPLIANCE TABLEThe compliance table below contains a summary of applicable development standards and controls and

a compliance checklist relative to these:

8.1 State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) The application was referred to Ausgrid as the applicant has requested to remove screening in front of

the 2 substations located in front of the building. At the time of preparing this assessment report, a

response from Ausgrid was not received despite follow up emails being sent requesting an update and

advice on the return of the referral.

8.2 State Environmental Planning Policy No 64 - Advertising and Signage (SEPP64)An assessment of the plans follows in this report. A number of issues have been identified, in

particularly the excessive number of business identification signs now proposed and the excessive

number of other signs. The assessment has concluded that a number of signs are not supported due to

proliferation and conditions are imposed to amend signage sizes to satisfy the assessment

requirements of Schedule 1 in the SEPP.

8.3 Sutherland Shire Local Environmental Plan 2015 (SSLEP2015)


Apart from the proposed removal of a STIF tree and its contravention to a number of clauses within the

plan, the assessment has concluded that the proposal is acceptable against the relevant development

standards and clauses.

8.4 Sutherland Shire Development Control Plan 2015 (SSLEP2015)Apart from the proposed removal of the STIF tree and its contravention to a number of planning controls

contained in SSDCP2015, the proposal is considered acceptable.

9.0 SPECIALIST COMMENTS AND EXTERNAL REFERRALSThe application was referred to the following internal and external specialists for assessment and the

following comments were received:

9.1 AusgridThe application was referred to Ausgrid as the applicant has requested the deletion of screening in front

of the substations/kiosks. Conditions were imposed in order to reduce the visual impacts of the 2

structures. To date, Ausgrid have not provided any response, despite emails being sent requesting an

response to Council’s notification.

9.2 Engineering DivisionThe application was referred to Council’s Senior Engineer who advised that they do not support the

removal of the tree and don’t raise issues with other proposed changes.

9.3 Landscape Architect The application was referred to Council’s Landscape Architect who advised the following:

Does not support the removal of an additional STIF tree.

Does not support the conclusions made by the applicant’s consulting arborist.

Proposed excavation around the structural and tree protection zone of the tree can be

undertaken in a way to minimise the impacts to the STIF tree, such as deep underboring or

redirecting the service trench into Council’s road reserve and/or into and under the road.

The Landscape Architect did not impose any conditions regarding the proposal as the existing

conditions already address and provide the relevant protections to the remnant STIF trees and other

vegetation required to be retained onsite.

10.0 ASSESSMENTA detailed assessment of the application has been carried out having regard to the matters for

consideration under Section 4.15 of the EP&A Act. The following matters are considered important to

this application.

10.1 Proposed ModificationConsent is sought for the following:


A. Amend the existing pick up area at the ground level to allow for drive through pick up, specifically:

a) Replacement of 11 car parking spaces (including two (2) accessible car parking spaces, five (5)

car parking spaces and four (4) Pick Up spaces) within the at-grade car parking area at ground

level with a drive through Pick Up area with 4 Pick Up bays

Comment: No issues are raised. The creation of 4 drive through/store pick up spaces will allow for a

more efficient use of the parking area compared to 90 degree parking arrangement.

b) Provide two (2) accessible car parking spaces within the parking aisle adjacent to the Pick Up

area

Comment: No issues raised. As a result of the proposed changes, the accessible parking spaces will be

moved a maximum 10m from the access ramp to the central plaza rather than being located

immediately adjacent to the ramp. The movement of the spaces will not result in a non-compliance to

Australian Standard AS2890.6.

c) Loss of eight (8) car parking spaces as a result of the above.

Comment: The assessment of the original applicant established that the proposal had a parking surplus

of 81 parking spaces. The amendments proposed to on grade parking will not create any deficiency in

parking. As a result of the changes, Condition 15 will need to be amended to reflect the total car parking

spaces to be provided onsite.

B. New signage and amendments to approved signage,

a) Signage zone (Woolworths and Dan Murphy's signage) to north elevation to rear and above

electrical substations

Comment: Consent is sought to increase the height of the sign on the northern elevation as shown and

highlighted in red in the images below. The only issue with the proposal is the increased potential for

light spill to first floor residences located immediately opposite the site at the South Village

development. However, Condition 4(v) has been imposed and requires the following:

4. Nature and Content of Signage A. Ongoingv) To ensure minimal impact upon adjacent sensitive receptors, all illuminated signs must not

exceed 400cd/m2 between sunrise and sunset or exceed 100cd/m2 between sunset and

cessation of trade for each tenancy.

The illumination of signage outside of operation is not permitted.

The amended signage location is considered to have minimal impacts to adjoining and nearby sensitive

receptors as the above condition limits signage illumination intensity and operable times.


Extract of the approved signage location by the original application

Extract of the proposed sign relocation on northern façade.

b) Revised signage to west elevation, including new Pick Up area signage

Comment: No issues raised regarding the sign banding across the western elevation advising the

location of the pickup area. Other proposed signage along the western façade will be subject to a

separate assessment below.

c) Revised pylon sign details, with tenancy names removed and Pick Up added.

Comment: No issues with the alterations to the double sided freestanding pole sign adding the wording

“Pickup”. The changes ultimately result in 4 business identification signs will be removed from the pole

sign.


Extract of the approved plan and comparison of the proposed changes

New signage is proposed as follows:

d) New signage zone (Woolworths and Dan Murphy's signage) to south elevation

Comment: These signs are 8.75m long x 1.875m high and internally illuminated. No issues raised

regarding the size and location of the signs as the condition restricting illumination intensity and

duration.

Plan extract of the proposed plans (below) and their location on the southern/rear elevation

adjacent to the rail corridor.

e) New parking signage to east elevation – highlighted in red below

Comment: This sign measures 2m long x 1.6m high and internally illuminated. This sign is not

supported as there are a number of directional and other signage to advise customers of the car

parking location and access to the basement. It is considered that there is no need to have an

excessive number of signs around the development.


Comparison between approved plan (left) and proposed plan (right) above and the actual sign below.

f) New Woolworths' signage to west elevation (south of Pick Up area)

Comment: The size of the proposed sign A04 to be erected on the first floor portion of the building at

the rear of the site measures 2.8m long x 2.48m high as highlighted in red below. As there is already a

number of business identification signs located around the building, there is no need to have an

excessive number of business identification signs around the development.

Plan extract from the approved plans (western façade) above and plan extract of proposed plans (below

and highlighted in blue)


Plan extract showing the actual dimensions of proposed sign A04 to be erected on the first floor portion

of the building at the rear of the site.

Signage located on the ground floor area of the western façade have the following dimensions:

Sign D01: 0.5m high x 5.33m long located on the wall.

Sign D02: 2m high x 0.93m long and freestanding.

Sign D03: 5.2m high x 2.6m long located on the wall.

Extract of signage plan showing proposed D02 and D03 signs

4 x D02 and 4 x D03 signs are proposed to be erected across the 4 Pickup car parking spaces located

west of the liquor retail tenancy as shown below.


The number of signs is not supported due to unnecessary proliferation of signs. Further, they are not

considered necessary as the whole western façade of the liquor retail tenancy is essentially a

directional wall advertisement sign with specific colour banding to advise customers that the 4 adjacent

parking spaces are designated as a pickup zone. It is considered that in lieu of signs D02 and D03, the

parking spaces can be suitably linemarked, stencilled and coloured green so customers arriving to site

to pick up their goods have a designated space.

C. Removal of substation fencing.

The applicant has provided the following:

Condition 2A(xiii) of the consent requires the substations to be enclosed by palisade fencing for visual

purposes. The project electrical engineer has liaised with Ausgrid to seek dispensation to allow for

fencing of the substations, however Ausgrid has advised they will not allow any barrier across the front

of the substation (correspondence provided). Therefore, it is requested that this condition is modified to

remove this requirement which cannot be satisfied.

Comment: At this point in time Ausgrid have not responded despite a number of emails having been

sent after Council’s referral was sent. The condition for the screening of the electrical substations was

imposed to minimise the visual impacts of the infrastructure. There are a number of developments

within the Local Government Area where similar infrastructure has been installed and screened without

issue and/or against Ausgrid’s recommendations. Based on the merits of this application, the

applicant’s request is refused and the screening must remain.

D. Removal of a STIF tree

The applicant has provided the following:

The proposed modifications include the removal of one (1) tree located adjacent to the podium car park

entry (Tree No. 2). Water main upgrade and relocation of aboveground power lines will require

significant trenching along the Council strip. This will result in further disturbance to Tree 2, with


significant excavation on three of four sides of the tree. The project arborist has provided a

recommendation (refer to submitted Tree Compliance Statement) that this tree be removed to reduce

the risk of tree failure and significant damage to the power lines, and other persons and/or property.

Comment: The request to remove the tree is refused. Council’s Landscape Architect, Public Domain

Engineer and Council’s Senior Development Engineer met the applicant, their building contractor and

arborist onsite to discuss design alternatives for service trenching to minimise the impacts upon the

SRZ and TPZ of the tree. These design alternatives were accepted by the applicant, the building

contractor and their arborist.

E. A number of minor changes throughout the development which have resulted from detailed

design work, being:

Basement level changes.

a) New access stairs, rear door location and planters to Tenancy 1 and Tenancy 2, to work with

level difference.

Comment: It appears that site works have been undertaken where site levels have not been

constructed in accordance with the approved plans. The level differences are only 0.215m difference.

The proposed plans shows an increase from RL94.000 to RL94.215, therefore, stairs are now proposed

to account for the level change.

Extract from the proposed plans showing pathway level has increased from RL94.0 (original approval;

above) to RL94.215 and as such, stairs are needed for pedestrian access due to the 0.215m height

change as highlighted below.


No objection is raised regarding the level change, however, a condition is imposed to ensure that there

is an accessible path of travel from the pedestrian area to both lower ground floor tenancies. The

condition will require that the PCA to ensure compliance with the Construction Certificate and the

Occupation Certificate.

b) New landscaping to frontage;

Comment: The assessment report for the original application states that the trees were used to assist

with “building modulation and landscaping across the site frontage has been successfully used to create

visual interest, improve building aesthetic and addressing bulk and scale issues.” It is considered that

the planters will not achieve the same outcomes of the trees and as such, the planters are not

supported. A condition of consent is imposed for the retention of the trees as originally approved.

c) Plant room and Site MSB locations switched;

Comment: No issues raised regarding this change. The approved plans (below) show a larger MSB

room compared to the Plant Fan Room whereas the proposed plans show both rooms are now more

equal in size.

d) Lift re-orientation to provide safer access;

Comment: No issues to the proposed changes. The changes result in the deletion of one parking

space, however, this will not cause a deficiency in parking requirements.

Plan extract showing the approved design (left) and the proposed changes (right)/


e) Relocation of sheer wall away from travelator to improve lines of vision;

Comment: No issues with the proposed changes as these are wholly within the basement levels and

will improve safety, security and building aesthetic.


f) New cleaners room and new tenants store room;

Comment: No issues. The changes are wholly located within the basement and will provide a basement

room for the storage and supplies for employees.


g) Line marking changes;

Comment: No issues with the changes. The new linemarking will improve vehicular circulation and

movement within the basement level. The linemarking will prevent 2 way traffic close to the northern

setback, therefore reducing vehicular conflict.


Plan extract showing the approved design (top) and the proposed changes (bottom)

h) Loss of 1 car space to allow for lift lobby;

Comment: No issues in this change for the reasons provided in item (d) above.

i) Confirmation of rainwater pump location.

Comment: No issues in the proposed changes. However, there is a loss of one motorcycle parking

space due to the pump skewing the shape of the parking space. A new design change condition is

imposed that will require the skewed parking layout to be reconfigured. That is, a motorcycle parking

space does not require an overhang for review mirrors like a passenger motor vehicle therefore, the line

making can be delineated on the edge of the pump room. The condition will require a minimum 7

motorcycle parking spaces and for the Private Certifying Authority to certify that each space satisfies

the minimum dimension requirements from AS2890.1.


Ground level changes.

a) Lift re-orientation to provide safer access;

Comment: No issues. The lift essentially changes how customers enter and leave the lift core.


b) New awning to the lift entry;


Comment: No issues. A 2m deep x 6m wide awning will provide an all-weather cover as a result of the

changed lift entry/exit. A Pyrus calleryana 'Capital' tree is proposed within a raised planter adjacent to

the awning having a maturity height of 11m x and maturity width of 3m. The awning will not affect the

growth of the tree as the awning is clear of the Pyrus tree when it matures.


c) New accessible toilet to entry/exit airlock area;

Comment: No issues. The addition of an accessible amenity facilities will accommodate the needs of

those customers having mobility issues.


d) Revised wall treatment to lift façade and back of substation easement;

Comment: No issues. The changes are considered to be an improved to the building aesthetic of the

development.



e) Changes to the layout of existing amenities;

Comment: No issues. The changes result in an improved design and function.


f) Revised landscaping.

Comment: The assessment report for the original application states that the trees were used to assist

with “building modulation and landscaping across the site frontage has been successfully used to create

visual interest, improve building aesthetic and addressing bulk and scale issues.” It is considered that

the planters will not achieve the same outcomes of the trees and as such, the planters are not

supported. A condition of consent is imposed for the retention of the trees as originally approved.



The removal of Tree 2 is not supported. Tree 2 is a STIF tree and is located to the east of the driveway

access to the podium parking area. Conditions are imposed for the retention of Tree 2 as there is

insufficient nexus for its removal.

Elevation changes.

a) Louvre orientation revised (north elevation)

Comment: No issues. The relocation of the louvres will cause minimal impacts to the building aesthetic.


b) Height of the pop-up section at western end of development increased by 250mm (shown

between grid lines E and G of north elevation) due to required methodology to affix the roof.

Comment: No issues. A minor increase will have minimal impacts to building aesthetic. The change will

not be discernible from the public domain at the human scale.



F. Amend Conditions

The applicant has advised that the following conditions will need to be amended as a result of the

requested changes:

a) Condition 1 – amend plan table.

Comment: The amendments to the condition are supported for the reasons provided throughout this

assessment report.

b) Condition 2A(xiii) regarding screening to the substations

Comment: Refused for the reasons provided earlier in this assessment.

c) Condition 15A(v) relating to parking numbers.

Comment: The amendment to the condition is supported, however, the condition will need to specify

that a minimum of 7 motorcycle parking spaces must be provided and must achieve the minimum

dimensions in accordance with AS2890.1.

G. Unreported changes

a) The floor plan of the main retail commercial tenancy has been slightly modified, with the main

changes being around the lift core orientated towards Flora Street, the south-east corner of the building

and the rear loading dock area. The GFA of upper floor as at MA20/0040 was 5139.2m2 (Woolworths

and Dan Murphys) and will be 5137.6m2. The minor changes are considered acceptable

b) Floor area of lower ground retail tenancy have been reduced from 40m2 each to 36m2 each as a

result of a new rear access to both tenancies from the basement level. No issues with the changes as

this will improve access and servicing as a result of conditions not permitted loading and unloading from

Flora Street.


c) A review of the signage plans has been undertaken in comparison with the approved plans and

conditions of consent. The following comments are provided:

Sign A.12 is not permitted. Design Change Condition 2A(xvi) states that the sign is not permitted

in order to reduce the proliferation of signage and poor sign siting. Further, the sign will be

completely screened as a result of a mature tree being located between the sign and the front

setback. The design change condition reference must be delineated on the signage plans

approved by this MA.

Sign A.14 is proposed to be 1.5m high x 5.3m long. The approved elevation plans show the sign

being limited to a 1m height. Therefore, a design change condition is imposed to limit the height

to 1m.

Signs A.02 and A.07 are 1.875m high x 8.775m long but are shown as 1.975 high on the

elevation plans. A design condition is imposed to limit the signs to 1.875m high to ensure that

there is no inconsistency between the elevation and signage plans.

Sign A.05 (3.9m long x 3.51m high) is to be replicated on the northern façade in place of Sign

A.03 (4.2m long x 3.85m high). It is considered that there is no need to have an oversized sign

and further, the changes will reduce the proliferation and ‘over-signing’ of the façade.

Sign A.08 (3.9m long x 0.91 high) is to be replicated on the northern façade in place of Sign A.06

(4.28m long x 1.0m high) for the same reasons provided above..

Sign A.04 2.8m long x 2.48m high) is located at the rear of the western façade and is orientated

towards the west. It cannot be seen from the public domain as it is orientated towards the

adjoining property and as such, is considered to serve little purpose. A design change condition

is imposed and the sign deleted due to proliferation and poor sign siting.

Sign B.11 is deleted as there is no need to erect additional signage regarding access to

basement parking when there are a number of signs that already provide directional signage

towards the basement, particularly signs that measure 1m high by 11.0m long and a large

painted blue wall with a large “P” letter and arrows measuring 2.3m long by 1.2m high.

11.0 DEVELOPER CONTRIBUTIONSSection 7.12 contributions were levied on the original DA19/0102. The proposed modification does not

increase the demand for public facilities and therefore the Section 7.12 contributions remain

unchanged.

12.0 DECLARATIONS OF AFFILIATION, GIFTS AND POLITICAL DONATIONSSection 10.4 of the EP&A Act requires the declaration of donations/gifts in excess of $1000. In addition

Council’s development application form requires a general declaration of affiliation. In relation to this

development application no declaration has been made.

13.0 CONCLUSIONThe subject land is located within Zone B4 Mixed Use pursuant to the provisions of Sutherland Shire

Local Environmental Plan 2015. The proposed development, being a mixed use commercial

development, is a permissible land use within the zone with development consent from Council.


In response to public exhibition, 2 submissions were received. The matters raised in these submissions

were matters considered in the assessment of the original development application and conditions were

imposed to minimise impacts.

This application satisfies the requirement that the development to which the consent as modified relates

will remain substantially the same development as that originally granted consent.

The application has been assessed having regard to the matters for consideration under Section 4.15 of

the EP&A Act, together with the provisions of SSLEP2015 and all relevant Council DCPs, Codes and

Policies. Following detailed assessment it is considered that the modification application No

MA20/0354 can be supported.

The officer responsible for the preparation of this Report is:

Author: Daniel Lukic Date: 21 January 2021

Assessment Officer

Electronically published by Administration Officer: mw