VC: GR

 

16 March 2011

 

 

 

 

 

 

 

 

 

 

 

Dear Councillor/Sir/Madam

 

You are invited to attend an ORDINARY MEETING of Ashfield Council, to be held at the Haberfield Library, 78 Dalhousie Street, Haberfield, on TUESDAY  22 MARCH 2011 at 6:30 PM.

 

 

Yours faithfully

 

 

VANESSA CHAN

General Manager

 

 

 

SEE ATTACHED AGENDA


 

Ordinary Meeting - 22 March 2011

 

AGENDA

 

1.                      Opening

 

2.                      Acknowledgement of Local Indigenous Community

 

3.                      Apologies/Request for Leave of Absence

             

4.                      Condolence and Sympathy Motions

 

5.                      Moment of Private Contemplation

 

6.                      Disclosures Of Interest

 

Disclosures to be made by any Councillors who have a pecuniary / non-pecuniary interest in respect of matters that are before Council at this meeting.

(22/03/2011)

 

7.                      Confirmation of Minutes of Council/Committees

 

Ordinary Meeting - 08/03/2011

 

8.                      Mayoral Minutes

 

MM3/2011    EARTHQUAKE AND TSUMANI IN JAPAN

 

9.                      Notices of Motion

 

NM2/2011     REQUESTS BY EKUSHE ACADEMY FOR GARBAGE BIN FEE WAIVER

 

10.                  Staff Reports

 

10.1     DEVELOPMENT APPLICATION: 10.2010.284.1
5 GROSVENOR CRESCENT, SUMMER HILL

 

10.2     DEVELOPMENT APPLICATION: 10.2011.036.1
97 FREDERICK STREET, ASHFIELD

 

10.3     DEVELOPMENT APPLICATION: 10.2009.31.3
283-285 LIVERPOOL ROAD, ASHFIELD

 

10.4     DEVELOPMENT APPLICATION: 10.2011.005.1
668-670 PARRAMATTA ROAD, CROYDON

 

10.5     DEVELOPMENT APPLICATION: 10.2010.301.1
2A BROWN STREET, ASHFIELD

 

11.                  General Business

12.                  Close

 

 

document31

Ashfield Council

 

Ordinary Meeting

22 March 2011

 

 

8         Summary of  Mayoral Minutes

 

8.1         EARTHQUAKE AND TSUMANI IN JAPAN. Edward Cassidy - Mayor. Report submitted.

(14/03/11)                                                                           Public Relations>Condolence

                                                      h:\reports.bp\Council\Reports\CM220311MM_3.doc

                                                                                                           MM3/2011 Attached

 

RECOMMENDATION

 

That a letter be sent to Shigekazu Sato, Ambassador of Japan to Australia expressing Council’s condolences.

  


Ashfield Council – Report to Ordinary Meeting held on Tuesday 22 March 2011

MM3/2011

Public Relations>Condolence

MAYORAL MINUTE

 

EARTHQUAKE AND TSUMANI IN JAPAN

       

 

As Councillors are aware Japan has been struck by an earthquake triggering a Tsumani on 11 March. 

 

Our thoughts and prayers are with families who have lost relatives and those still awaiting news of missing relatives.

 

The devastation is beyond belief with after shocks effecting Hawaii and California.

 

Our thoughts are also with the rescue teams with the task of searching the damaged buildings.

 

 

 

ATTACHMENTS

There are no supporting documents for this report.

 

RECOMMENDATION

 

That a letter be sent to Shigekazu Sato, Ambassador of Japan to Australia expressing Council’s condolences.

 

 

 

 

    

 

COUNCILLOR E CASSIDY

Mayor

 

 

Mayor’s Room

Civic Centre

  


document31

Ashfield Council

 

Ordinary Meeting - 22 March 2011

 

 

9         Summary of  Notices Of Motion

 

9.1         REQUESTS BY EKUSHE ACADEMY FOR GARBAGE BIN FEE WAIVER. Monica Wangmann - Councillor. Report submitted with attachments 1 and 2.

(02/03/11)                                                                                        Parks & Reserve Hire

                                                       h:\reports.bp\Council\Reports\CM220311NM_2.doc

                                                                                                            NM2/2011 Attached

 

Accordingly, I move:-

 

That Council waives the charge each year, for the provision of eight additional rubbish bins for Ekushe Academy, non-profit group, to assist them with the annual celebration of International Mother Language Day, in Ashfield Park.

  


Ashfield Council – Report to Ordinary Meeting held on Tuesday 22 March 2011

NM2/2011

Parks & Reserve Hire

NOTICE OF MOTION OF WHICH DUE NOTICE HAS BEEN GIVEN BY

 

COUNCILLOR Monica Wangmann

 

 

REQUESTS BY EKUSHE ACADEMY FOR GARBAGE BIN FEE WAIVER

     

 

To move Notice of Motion No. NM2/2011


For some years Council has supported, acknowledged and promoted the diversity of cultures, in Ashfield.  Keeping our historical languages alive, is part of the celebration of our diversity and the protection of our heritage.  As part of Council's commitment to multiculturalism, we annually support the international celebration of Mother Language Day, by Ekushe Academy, at Ashfield Park.

One of the main sources of income for non-profit community group, Ekushe Academy are the book and food stalls at Ashfield Park, on Mother Language Day, held annually.

The income raised on that day, from the sales of books and food, partly covers the cost of running the Mother Language Day event, hiring the stage and sound system and public liability insurance. The academy's costs are escalating.  They have asked for assistance with the costs of hiring the eight bins from Council.

Officers Comments

 

Stephen Joannids – Director Works & Engineering Services

The bins required for use on the day can be supplied at 'cost' by Council should the Ekushe Academy wish to avail themselves of this offer. Cost is estimated to be $40:00 on a per bin basis which includes supply; removal; and disposal of the waste involved.  Council Officers will need to be advised regarding the number of bins required to ensure appropriate arrangements can be implemented.

It is suggested that, if the Academy wish to seek waiver of fees that the application be assessed by Community Services as per Council’s ‘Adhoc Donations Policy’.

 

 

ATTACHMENTS

Attachment 1View

Extract from Letter from Mafizul Hoque President of Ekushe Academy Australia Inc

1 Page

 

Attachment 2View

Invitation to Mayor to attend function

1 Page

 

 

 

Accordingly, I move:-

 

That Council waives the charge each year, for the provision of eight additional rubbish bins for Ekushe Academy, non-profit group, to assist them with the annual celebration of International Mother Language Day, in Ashfield Park.

 

 

Monica Wangmann


Attachment 1

 

Extract from Letter from Mafizul Hoque President of Ekushe Academy Australia Inc

 


Attachment 2

 

Invitation to Mayor to attend function

 

 


document31

Ashfield Council

 

Ordinary Meeting - 22 March 2011

 

 

10       Summary of  Staff Reports

 

10.1       DEVELOPMENT APPLICATION: 10.2010.284.1

5 GROSVENOR CRESCENT, SUMMER HILL. Shakeeb Mushtaq - Specialist Planner. Report submitted with attachments 1 to 4.

(28/02/11)                                                                                                     10.2010.284.1

                                                       h:\reports.bp\Council\Reports\CM220311SR_2.doc

                                                                                                               CM 10.1 Attached

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2010.284 for demolition of existing building and the erection of a new two storey boarding house comprising 26 boarding rooms, a manager’s room, associated common facilities, car, motorcycle and bicycle parking and external work on Lot 19 Section 6 in DP: 37, known as 5 Grosvenor Crescent, Summer Hill, subject to the following conditions:

 

 

 

 

10.2       DEVELOPMENT APPLICATION: 10.2011.036.1

97 FREDERICK STREET, ASHFIELD

Luma Araim - Planning & Building Technical Officer. Report submitted with attachments 1 to 3.

(08/03/11)                                                                                                       10.2011.036.

                                                       h:\reports.bp\Council\Reports\CM220311SR_3.doc

                                                                                                               CM 10.2 Attached

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2011.36.1 for alterations and additions to an existing dwelling house on Lot 4 in DP: : 222870 , known as 97 Frederick Street, Ashfield , subject to the following conditions:

 

 

 

 

 

 

 

 

 

10.3       DEVELOPMENT APPLICATION: 10.2009.31.3

283-285 LIVERPOOL ROAD, ASHFIELD

Daisy Younan - Development Assessment Officer. Report submitted with attachments 1 to 5.

(09/03/11)                                                                                                        10.2009.031

                                                       h:\reports.bp\Council\Reports\CM220311SR_4.doc

                                                                                                               CM 10.3 Attached

 

RECOMMENDATION

 

That Council as the consent authority pursuant to section 80 (1)(a) of the Environmental Planning & Assessment Act 1979 grant consent to development application no. 10.2009.31.3 to modify development consent no. 10.2009.31.2 as follows:

 

 

 

10.4       DEVELOPMENT APPLICATION: 10.2011.005.1

668-670 PARRAMATTA ROAD, CROYDON. Andrew Johnston - Development Assessment Officer. Report submitted with attachments 1 to 4.

(10/03/11)                                                                                                     10.2001.005.1

                                                       h:\reports.bp\Council\Reports\CM220311SR_5.doc

                                                                                                               CM 10.4 Attached

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(b) of the Environmental Planning and Assessment Act 1979 (as amended) refuse Development Application No. 10.2011.5.1 for the use of the premises as a restaurant  on Lot B in DP: 385022, Lot 1 in DP: 455622 and Lot 2 in DP: 656106, collectively known as 668-670 Parramatta Road, Ashfield, for the following reasons:

 

 

10.5       DEVELOPMENT APPLICATION: 10.2010.301.1

2A BROWN STREET, ASHFIELD

Atalay Bas - Manager Development Services. Report submitted with attachments 1 to 6.

(15/03/11)                                                                                                       10.2010.301.

                                                       h:\reports.bp\Council\Reports\CM220311SR_6.doc

                                                                                                               CM 10.5 Attached

 

RECOMMENDATION

 

That Council determine whether it wishes to make a submission to the Panel in relation to the proposal, and if so, the contents of such submission.

  

 

 

 

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 22 March 2011

CM10.1

Subject                            DEVELOPMENT APPLICATION: 10.2010.284.1
5 GROSVENOR CRESCENT, SUMMER HILL

 

File Ref                            10.2010.284.1

 

Prepared by                   Shakeeb Mushtaq - Specialist Planner       

 

 

Reasons                          Matter requires Council determination

 

Objective                         For Council to determine the application

 

 


Overview of Report

This development application seeks Council’s consent for the demolition of existing building and the erection of a new two storey boarding house comprising 25 boarding rooms including a manager’s room, associated common facilities, car, motorcycle and bicycle parking and external works.

 

 

1.0    Description of Proposal

 

Pursuant to Clause 78A(1) of the Environmental Planning and Assessment (EP&A) Act 1979 (as amended) this application seeks Council’s consent to demolition of existing building and the erection of a new two storey boarding house comprising 26 boarding rooms, a manager’s room, associated common facilities, car, motorcycle and bicycle parking and external work.

 

Plans of the proposal are included at Attachment 1.

 

2.0    Summary Recommendation

 

The development is recommended for conditional approval.

 

Background

 

3.0    Application Details

 

Applicant                               :H3 Architects

Owner                                    :Mses S L Hung & S S Chan

Value of work                        :$1,960,200

Lot/DP                                   :LOT: 19 SEC: 6 DP: 378

Date lodged                          :16/11/2010

Date of last amendment      :NA

Building classification :3.0

Application Type                   :Local

Construction Certificate       :No

Section 94A Levy                 :No

 

4.0    Site and Surrounding Development

The subject site is located on the northern side of Grosvenor Crescent with the nearest cross street being Dover Street.  It is the last block immediately adjacent to Cadigal Reserve and is opposite the Railway Line.  The site is generally rectangular in shape with a frontage of 15.24m to Grosvenor Crescent and a depth of 62.99m along the western boundary and 62.105m along the eastern boundary.  The total site area is approximately 953 square metres. 

 

Existing improvements on the site include a vacant factory building, previously used for making pasta goods.  The site is relatively level with a slight slope towards the rear of the property.  There are no significant trees or vegetation on the site.  However, significant trees exist on the adjoining Cadigal Reserve and other adjoining lands.  Surrounding development comprises a mix of single and two storey dwellings and dual occupancy developments and several residential flat buildings of 3 or more storeys.   Refer to Attachment 2 for a locality map.

 

5.0    Development History

 

Previous building and development applications submitted to Council for the subject site include:

 

NO.

DATE

PROPOSAL

DECISION

10.2009.194

21/12/2009

Change of use to a cosmetic manufacturing on ground floor and dwelling on first floor with car parking at the front.

Withdrawn

6.1985.122

11/06/1985

Additions to factory

Approved

6.1982.421

13/12/82

Storage shed

Approved

6.1979.516

15/01/80

Noodle manufacturing additions

Approved

6.1977.280

4/10/1977

Additions to factory and dwelling

Approved

6.1968.6688

2/04/1968

Not known

Approved

6.1966.6064

20/12/1966

Not known

Approved

6.1966.6811

12/04/1966

Erection of pre-fabricated building

Conversion Historical

 

Previous consents are noted, however, they are not relevant to the current proposal as the proposal is to demolish the existing structures and construct a new building for use as a boarding house.

 

Assessment

 

6.0    Zoning/Permissibility/Heritage

 

·    The site is zoned 2(a) - Residential under the provisions of Ashfield LEP 1985.

·    The property is not a heritage item or located within Conservation Area.  It does not adjoin or is located within the vicinity of a heritage item.

 

The proposed use of the site as a boarding is prohibited in Residential 2(a) zone, however, the State Environmental Planning Policy (Affordable Rental Housing) 2009 allows Boarding Houses within Residential 2(a) zone land with the consent of Council.

 

7.0    Section 79C Assessment

 

The following is an assessment of the application with regard to the heads of consideration under the provisions of Section 79C of the EP&A Act.

 

7.1    The provisions of any Environmental Planning Instrument

 

7.1.1 Local Environmental Plans

 

Ashfield Local Environmental Plan 1985 (as amended)

 

The subject site is zoned Residential 2(a) under ADCP 1985 and within that zone a boarding house is prohibited.  The application is lodged under the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2007 which allows boarding houses with consent.

 

It is considered that the proposal generally satisfies the general provisions of the Ashfield LEP 1985.

 

7.1.2 Regional Environmental Plans

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

It is considered that the carrying out of the proposed development is generally consistent with the objectives of the Plan and would not have any adverse effect on environmental heritage, the visual environment, the natural environment and open space and recreation facilities.

 

7.1.3 State Environmental Planning Policies

 

State Environmental Planning Policy No. 55 – Remediation of land

 

Due to previous industrial use of the site for pasta manufacturing, the application includes an Environmental Site Assessment report.  This report concludes that based on the results of site investigation results, “the risks to human health and the environment associated with the soil contamination at the site are low in the context of the proposed use of the site for the construction of new low cost accommodation and associated external works.  The site is therefore suitable for the proposed use.”

 

Council’s Waste and Environment Project Officer has reviewed the report and provided the following comments:

 

“The Assessment was prepared generally in accordance with appropriate legislation and guidelines, however, the Assessment provided an incorrect conclusion as to the suitability of the site for the proposed development, as the soil testing results were compared with incorrect criteria. The development proposes a number of small private courtyards as well as a garden area at the rear of the property, however, the soil testing results were compared with criteria suitable for high-rise buildings with no or minimal soil access. When compared with the correct criteria (HIL A from NEPM Schedule B(1)), there are a number of soil testing locations where lead levels exceed the appropriate criteria. In accordance with SEPP 55, the site therefore requires remediation to be made suitable for the proposed land use. Given that it seems that soil contamination only occurs in the fill on the site, and was not observed in natural material, it is my opinion that the site can be adequately remediated and that this can be dealt with through an appropriate condition of consent.”

 

The suggested conditions will form part of any development consent.

 

State Environmental Planning Policy (Infrastructure) 2007

 

As the proposal is adjacent to a rail corridor, it is subject to consideration of Clause 87 of the SEPP. This Clause aims to ensure that noise sensitive development proposed adjacent to a rail corridor is not adversely affected by rail noise or vibration.  Where residential development is proposed adjacent to a rail line, consent shall not be granted unless the following LAeq levels are not exceeded: 

 

(a)       in any bedroom in the building – 35DB(A) at any time between 10.00pm and 7.00am’

(b)       any where in the building (other than a garage , kitchen, bathroom or hallway) – 40DB(A) at any time.

 

An acoustic report prepared by RSA Acoustics has been submitted with the application which recommends design guidelines and criteria to achieve compliance with the requirements of the SEPP.  These recommendations of the acoustic report are included as recommended conditions of consent.  In addition, State Rail has also provided their requirements which will be included as conditions. 

 

State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development (SEPP 65)

 

SEPP 65 is concerned with the design quality of residential flats.  The SEPP applies to all residential flat development of three or more stories and which also includes four or more dwellings (with the exception of Class 1a and 1b buildings).  This requires direct involvement of a registered architect in the design of the building.  Since the proposed building is of a two storey height and contains boarding rooms instead of dwellings, the provision of SEPP does not apply to this development.  However, in accordance with a previous Council’s resolution, the application was referred to Council’s Urban Designer for comments.

 

The Urban Designer provided the following general comment regarding the application of SEPP 65 to this application:

 

“The proposal is for a two-storey low-cost accommodation development, and should be assessed against the provisions of the SEPP (affordable rental housing) 2009.  It does not, strictly speaking, require a SEPP 65 statement or a SEPP 65 report.  Council has requested that all developments be assessed against the objectives of the principles of good design, as set out in SEPP 65, the comments here-in are to be read in conjunction with the development assessment report prepared by council officer.”

 

The Urban Designer considers that the proposal is acceptable and concludes as follows:

 

“The proposal generally satisfies the objectives 10 principles of good design.

The only comment I make refers to the lack of external sun shading on the North, East and West sides and to the lack of privacy screens to the upper level of the west-facing façade.”

 

A condition requiring the installation of fixed vertical privacy screens to the first floor windows along the west facing façade is included in the recommendation.  This would also act as a shading device for the west facing windows.  . Privacy screens are not considered necessary for eastern and northern facades due to the separation distance with the adjoining properties to the north and public reserve to the east.  An additional condition requires the installation of adjustable louvres along the north and east facing first floor windows

 

A copy of the comments is included at Attachment 3.

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

 

State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP ARH) was introduced to ensure that affordable rental housing projects were treated equitably across the state and to set minimum standards which if met could not be used as reasons for refusal for affordable housing projects.  Part 2 Division 3 of the SEPP ARH deals with boarding houses. 

 

Under the SEPP ARH a boarding room is defined as “a room or suite of rooms within a boarding house occupied or so constructed or adapted as to be capable of being occupied by one or more lodgers”. On the basis of this definition, the proposal is for a series of boarding rooms and communal living rooms within a boarding house.

 

Clause 8 of the SEPP ARH indicates that where there is an inconsistency between it and any other environmental planning instrument, SEPP ARH prevails to the extent of the inconsistency.  As such SEPP ARH does not override provisions of the LEP that are not inconsistent with SEPP ARH.

 

Clause 29 sets standards that if met cannot be used to refuse consent to an application for a boarding house.  It is noted that if the development does not comply with the standards it can still be granted consent and does not require the submission of a SEPP 1 objection.  The following table addresses the requirements of clause 29.  Clause 30 contains standards for boarding houses.  It noted that the provisions under Clause 30 are development standards and any breach of these standards would require the submission of a SEPP 1 objection:

 

Clause 29 - Standards that cannot be used to refuse consent

Compliance

Discussion

(1) A consent authority must not refuse consent to development to which this Division applies on the grounds of density or scale if the density and scale of the buildings when expressed as a floor space ratio are not more than:

 

(a)  the existing maximum floor space ratio for any form of residential accommodation permitted on the land, or

 

(b)  if the development is on land within a zone in which no residential accommodation is permitted—the existing maximum floor space ratio for any form of development permitted on the land, or

 

(c)  if the development is on land within a zone in which residential flat buildings are permitted and the land does not contain a heritage item that is identified in an environmental planning instrument or an interim heritage order or on the State Heritage Register—the existing maximum floor space ratio for any form of residential accommodation permitted on the land, plus:

            (i) 0.5:1, if the existing maximum floor space ratio is 2.5:1 or less, or

            (ii) 20% of the existing maximum floor space ratio, if the existing maximum floor space ratio is greater than 2.5:1.

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

NA

 

 

 

 

 

 

NA

 

 

 

 

 

 

 

 

The existing maximum FSR for any form of residential accommodation permitted under ADCP 1985 is 0.75:1. 

 

 

The floor area of the proposed building excluding the garage is 714.66 sqm on a site area of 953aqm resulting in a FSR of 0.75:1 which complies.

 

 

 

NA

Residential flats buildings are not permissible on the site.

 

(2) A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

 

(a) building height


if the building height of all proposed buildings is not more than the maximum building height permitted under another environmental planning instrument for any building on the land,

 

(b) landscaped area


if the landscape treatment of the front setback area is compatible with the streetscape in which the building is located,

 

 

 

 

 

 

 

 

 

 

(c) solar access


where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter,

 

 

 

 

(d) private open space


if at least the following private open space areas are provided (other than the front setback area):

 

(i)         one area of at least 20 square metres with a minimum dimension of 3 metres is provided for the use of the lodgers,

 

 

(ii) if accommodation is provided on site for a boarding house manager—one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation,

 

(e) parking

if not more than:

(i)         one parking space is provided for each 10 boarding rooms or part thereof, and

 

 

 

 

 

 

 

(ii) one parking space is provided for each person employed in connection with the development and who is a resident on site,

 

(f) accommodation size


if each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

(i)         12 square metres in the case of a boarding room intended to be used by a single lodger, or

 

 

 

(ii)16 square metres in any other case.

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes (by condition)

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

The maximum height of any building under LEP 1985 for this site is two storeys.

 

The proposed building is two storeys in height.

 

 

 

 

The front setback area of the adjoining properties has a mix of concrete and soft landscaping. The existing front setback area within the subject site is fully hard surface.

The proposal is to provide a combination of soft landscaping and use of “turf cell” for external parking and motor cycle area.  This would enhance the landscape appearance and will be more consistent with the overall landscape character of the locality.

 

 

 

 

The proposal provides for two communal lining rooms on the ground floor.  The living at the front of the building faces south whereas the one at the rear of the building faces north with windows to northern and eastern elevations. The orientation and size of the windows would allow more than 3 hours direct sunlight.

 

 

 

 

 

 

 

 

A communal open space area is provided to the north of the proposed building which has a dimension of at least 9m X 15m with an approximate area of 162 sqm.

 

A private open space is provided for the on-site manager which has a dimension of approximately 3.043m.

 

 

 

 

 

 

 

 

Two parking spaces including an accessible space are provided for 25 boarding rooms which do not comply as 3 parking spaces are required.  A condition requires the conversion of one boarding room into a living area.  This would result in the total boarding rooms being 24 and therefore 2 car parking spaces would comply.

 

 

A separate car parking space is provided for the resident manager.

 

 

 

 

 

 

 

 

 

 

 

Kitchen and bathroom facilities are provided with each boarding room. The sizes of the 23 proposed single rooms exclusive of the kitchen/bathroom range between 12.04 sqm and 14.86 sqm.

 

The sizes of the double rooms range between 16.01 sqm and 16.26 sqm

 

(3) A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.

 

 

 

Yes

 

Each boarding room has private kitchen and bathroom facilities.

4) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).

Noted

Noted

 

 

Clause 30 Standards for Boarding houses

 

 

 

(1) A consent authority must not consent to development to which this Division applies unless it is satisfied of each of the following:

 

(a) if a boarding house has 5 or more boarding rooms, at least one communal living room will be provided,

 

 

(b) no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres,

(c) no boarding room will be occupied by more than 2 adult lodgers,

(d) adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger,

(e) if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager,

(f) if the boarding house is on land within a zone where residential flat buildings are permissible, no new car parking for lodgers will be provided on the site,

(g) if the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use,

(h) at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.

 

 

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

NA

 

 

 

 

 

NA

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

The proposal includes two communal living rooms. An additional communal living room will be provided on first floor level as a condition of consent.

 

 

The size of the proposed boarding rooms range between 12.4 sqm and 16.26 sqm.

 

 

 

 

Maximum occupancy proposed for the boarding rooms is 2 persons.

 

Each boarding room is provided with a separate kitchen and a bathroom.

 

 

 

A room for boarding house manager is provided.

 

 

 

 

The site is not located on land which allows residential flat buildings and therefore car parking is provided in accordance with SEPP ARH.

 

 

The site is not located on land which allows commercial land uses.

 

 

 

 

 

 

 

 

The proposal provides for 5 motorcycle and 6 bicycle parking spaces in accordance with the requirements.

 

(2) Subclause (1) does not apply to development for the purposes of minor alterations or additions to an existing boarding house.

 

 

NA

 

The proposal is for the construction of a new boarding house.

 

7.2 The provisions of any Draft Environmental Planning Instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority.

 

No applicable.

 

7.3       The provisions of any Development Control Plan.

 

The proposal has been considered against the provisions of the Ashfield Development Control Plan (DCP) 2007:

 

C1

ACCESS AND MOBILITY

Complies.

·     Adequate access is provided via a continuous accessible path of travel from the front property boundary to the ground floor of the building.  An accessible car parking space is also provided which also has a clear travel path to the building.  Access is available to the communal facilities and outdoor landscaped garden.

 

·     Two adaptable rooms have been nominated on the plans including a manager’s room.  This complies with 10% requirement of the DCP.  These rooms are able to provide the unique specialist needs for accessibility and useability by both occupants and visitors with disabilities and progressive frailties.

 

C11

PARKING

The proposal provides for 3 car parking spaces including one space for the manager.  This does not comply with the 9 car parking spaces required under the DCP 2007.  A condition requires the conversion of one boarding room into a living area.  This would result in the total boarding rooms being 24. However, the application is lodged under the provisions of SEPP ARH and the proposal complies with the car parking complies of SEPP ARH.

 

C12

PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT

The application was notified from 23 November to 17 December 2010.  A number of submissions have been received which are discussed in Section 7.7 of this report.

 

C18

BOARDING HOUSES

 

The proposal generally complies with the objectives of the DCP with some areas of non-compliances with the planning and design guidelines.  However, the application is lodged under the provisions of SEPP ARH and the proposal achieves full compliance with its design standards.  

 

It is considered the application generally complies with the parts as indicated and ultimately achieves the aims and objectives of the Ashfield DCP.

 

7.4       Any matters prescribed by the regulations that apply to the land to which the development application relates.

 

These matters have been considered in the assessment of this application.  The Regulations requires that works must be carried out in accordance with the requirements of the Building Code of Australia.  The application accompanies a BCA report and further compliance with BCA will be assessed with the Construction Certificate application.

 

7.5       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts on the locality.

 

These matters have been considered as part of the assessment of the development application and all of the likely impacts have been discussed throughout this report.  It is considered that the proposed development will have no significant adverse environmental, social or economic impacts upon the locality.

 

7.6       The suitability of the site for the development

 

These matters have been considered as part of the assessment of the development application. The site is zoned for residential use and the proposed development appropriately addresses the constraints and opportunities of the site, protecting the amenity of the adjoining properties to an appropriate degree and providing a good level of amenity for future users.  There are no natural hazards or other site constraints that are likely to have a significant adverse impact upon the proposed development.  The proposed development is therefore considered suitable in the context of the locality.

 

7.7       Any submissions made in accordance with this Act or the regulations

The proposal was notified to all adjoining and nearby affected property owners and occupants and Councillors from 23 November until 17 December 2010.

 

7.7.1          Summary of submissions

 

A total of eight (8) submissions including seven (7) objecting and 1 in support of the application.  A petition of objection signed by 9 residents of 15 Dover Street has also been received (Attachment 4):

 

Submissions

Mathew West

9/7 Grosvenor Crescent

Summer Hill NSW 2130

Ms Elizabeth Taylor and Ms Roberta Kwan

6/7 Grosvenor Crescent

Summer Hill NSW 2130

Mr D Levy

9/7 Grosvenor Crescent

Summer Hill NSW 2130

Michael and Kerrie Barnett

9/7 Grosvenor Crescent

Summer Hill NSW 2130

Ms L H Kelly

8/7 Grosvenor Crescent

Summer Hill NSW 2130

Franc Vaccher

55 Rawson Street

Haberfield NSW 2130

Mrs H Crawford (nee Cartney)

6/15 Dick Street

Henley NSW 2111

David Rollinson

28 Carrington Street

Summer Hill NSW 2130

Petition signed by 9 residents

15 Dover Street

Summer Hill NSW 2130

 

The matters raised in these submissions are detailed below in italics, followed by a response from the assessing officer:

 

Not in keeping with the character of the area.

 

The subject site is zoned residential with a mix of single dwelling houses, dual occupancies and residential flat buildings.  The proposed boarding house is a permissible form of residential development and considered not to be contrary to the established character of the locality.

 

 

Much too large scale for residential area

 

The proposal provides for a two storey building with 26 boarding rooms. The height, density and site coverage for the development complies with the development standards prescribed in SEPP ARH and Council’s LEP 1985 and ADCP 2007 requirements and on that basis the proposal is considered acceptable.

 

Inadequate car parking which does not comply with Boarding house DCP.

 

A total of 3 car parking spaces including a car parking space for the manager have been provided.  In addition, a provision has also been made for 5 Motorcycle and 6 Bicycle parking spaces.  Whilst the on-site car parking does not comply with ADCP 2007 requirements, the proposal is consistent with SEPP ARH controls.

 

Increased traffic

 

The previous approved use of the site was industrial purposes with the front setback being used for parking of vehicles.  Boarding houses traditionally are occupied by people with least car occupancy and with a limited on-site car parking the traffic generation would be much less than that as generated by the previous industrial use.  Council’s traffic engineer has not raised any objections to the development on traffic grounds.

 

Public interest and privacy of public using Cadigal Reserve

 

Concerned is raised that the residents of the boarding would rely on the adjoining Cadigal Reserve for recreation and that the residents on upper floor would overlook the public area. 

 

The proposal provides for two communal living rooms in accordance with SEPP ARH.  An additional large open landscaped garden area has also been provided towards the rear of the site for the residents.  In addition all the ground floor boarding rooms have private court yard areas.  It is not considered that the development is relying on Cadigal Reserve for recreation needs of the residents.  In regard to the overlooking of the public space from the upper floor balconies, the extensive vegetation on the reserve screens most of the views into the reserve.  In addition, overlooking into public areas would improve surveillance of this public space and therefore the proposal is considered acceptable.

 

Privacy for residents of 15 Dover Street

 

The proposed development would result in minimal privacy impacts on the adjoining properties especially for the residents of No 15 Dover Street as no first floor balconies are proposed along the western elevation.  A condition requires the deletion of first floor terrace on the northern end of the building which would further improve privacy.  Impact on privacy will also be low due to the separation distance and mature vegetation that exists between the two properties.

 

Too many people, should have small number of rooms with larger rooms to minimise impact on the amenity of area

 

The SEPP ARH aims to increase the availability of affordable housing which fits in with the established character of the locality.  The proposal fully complies with the standards for room’s sizes and other associated communal facilities prescribed in SEPP ARH.  The SEPP ARH overrides the requirements of Ashfield DCP and as such this concern does not warrant refusal of the application.

 

Overshadowing

 

The subject site is of north-south orientation.  The proposed two storey building would cast some shadows on the adjoining property at No 6 Grosvenor Cr in the morning, however, adequate solar access will be maintained during midday and afternoon in accordance with the requirements of ADCP 2007.

 

Acoustic report should be sent to all the neighbours to assess noise impacts

 

The acoustic submitted with the application was available for view and comments during the notification period.

 

Two accessible units but only one accessible parking space

 

Whilst an accessible car parking space has been provided, the SEPP ARH requires minimal car parking with the expectation that the people occupying this type of accommodation will have low car occupancy.  Of the three car parking spaces, one is accessible and therefore constitutes 33% of the total on-site car parking which is acceptable.

 

No parking space for emergency vehicles

 

The front setback area is suitable enough to be used for emergency vehicles.

 

Inadequate size of common area and in fact it is an entry area and not a common area

 

The proposal includes two communal living rooms.  Whilst the front communal area is combined with the main entry, a separate communal room is provided on the ground floor at the northern end of the building.  This room is suitable in size and location for recreation of the occupants.

 

No lounge facilities located on the first floor

The proposal provides two Communal living rooms at the ground level which is consistent with the requirements of SEPP ARH.  A condition has been recommended which requires the provision of another living area at first floor level.

 

No laundry facilities or cloth hanging facilities

 

Each boarding room is equipped with a laundry tub and washing machine. In addition, a condition is also to be included to provide communal washing lines of appropriate size in the rear landscape garden.

 

The access to the accessible should be clear in case of emergency exits and landscaped areas

 

Adequate access is provided via a continuous accessible path of travel from the front property boundary to the ground floor of the building.  An accessible car parking space is also provided which also has a clear travel path to the building.  Access is available to the emergency exits, communal facilities and outdoor landscaped garden.

 

The location of manager’s accommodation should be reconsidered so that it serves as a check point for the occupants rather than being situated at the rear of the premises.

 

Whilst the proposed location of manager’s room will provide some surveillance, a condition is to be included to use Room No 6 for manger’s accommodation for improved surveillance. 

 

Ghetto look, cheap accommodation for unemployed, unsavoury and intimidating people hanging around the front of the building

 

The proposal is for a purpose built boarding house building with external appearance, external finishes and internal fixtures proposed to be of today’s standards.  Whilst boarding houses tend to attract occupants with lower income levels there is no evidence to suggest that the people who live in this form of accommodation would present an increased danger to the residents of the locality.  As such this concern does not warrant refusal of the application.

 

Increase in noise levels

 

An acoustic report was submitted with the application that recommended certain design measures. Council’s Environmental Health Department has not raised any objection in terms of the potential noise levels subject to the recommendations in the acoustic report being imposed.   In order to minimise emission of noise from the communal living area, conditions have been recommended which prohibit the use of these areas after 10pm on Sunday to Thursday and after midnight on Fridays and Saturdays.  In order to further minimise any noise impacts, the open terrace area on the first is required to be deleted.

 

Drunken behaviour, crimes and violent behaviour will become a problem in the area

 

Whilst the people occupying the boarding rooms are likely to have limited income there is no evidence to suggest that the proposal will result in an increase in crime, drunken behaviour or violence in the area. It is noted that the facility will be managed by an onsite ‘Live-in’ Manager and operate under a Plan of Management.  Under the Plan of Management, the on-site manager is required to report any excessive noise, drunken behaviour or substance abuse to the owners and Police fro immediate action.

 

No cloth lines and the residents would use No 15 Dover Street cloth lines and use it as a shortcut for Parramatta Road

 

Appropriate conditions are recommended to in relation to clothes drying. A condition is also included requiring the erection of a 1.8m high boundary fence along the northern, eastern and western property boundaries to ensure there is no trespassing on the adjoining properties.

 

Commercial business in a residential zone

 

Boarding houses are a permissible use in residential zones and are an appropriate residential use when appropriately designed and managed.

 

7.8    The public interest

 

It is in the public interest that well designed and affordable housing options are provided to house the population growth in the area and the proposed development is an acceptable form of development for the subject site.

 

8.0    Referrals

 

8.1    Internal

 

Heritage Adviser

 

The subject site is not a heritage item or is located within a conservation area.   Council’s Heritage Advisers raised no issues with the demolition of the existing factory building and construction of a new purpose built boarding house building.  Comments from the advisers are included at Attachments 2 and 5.

 

Building

 

The Construction Assessment Team Leader has raised no objection to the proposal subject to conditions. 

 

Works and Infrastructure( Traffic and Engineering)

 

No objection to the proposal subject to conditions.

 

Environmental Health

 

No objection to the proposal subject to conditions.

 

Community Services

 

Council’s community services have raised no objection to the proposal.  Notwithstanding, the following points raised in the comments require a response:

 

Comments

 

Response

Lack of double bed units and absence of two bedroom units

The proposal includes 2 double bed units.  The proposal is for a boarding house development and not a low rental residential flat building.  The proposed form and the room sizes comply with the requirements of SEPP ARH

Single room does appear to meet with Part C18 Boarding  House of ADCP 2007

The single room sizes comply with the minimum requirements of SEPP ARH. 

Operational Plan of management should have regular inspection for ongoing cleanliness

Addressed by a condition of any consent.

Accessible unit detail – provisions within accessible units should be at no cost to the tenant.

The accessible units are to be provided as part of the development and shall be at no additional cost to the tenant.

Lease or license agreements be referred to and approved by NSSWW Federation of Housing Association Inc

Addressed by a condition of any consent.

Common areas do not comply with Ashfield DCP.

The proposal includes two common areas which comply with SEPP ARH. 

 

Tree Management Officer

 

No objection to the proposal subject to conditions.

 

8.2    External

 

NSW Police

 

The NSW Police has carried out an assessment of the proposal in accordance with the requirements of Crime Prevention Through Environmental Design Principles and identified the development as Low Risk Crime.  No significant issues were raised. Conditions are recommended in respect to lighting, landscaping designs, graffiti control, access control and surveillance system.

 

State Rail

 

No objection to the proposal subject to conditions.

 

9.0    Other Relevant Matters

 

Section 94A Contribution Plan

 

Section 94A Contributions would be payable in accordance with the Council’s Section 94A Plan in the event the application was to be approved.  In accordance with Schedule 2 of Section 1 of this Plan, a levy of 1% applies to the proposed development with an estimated value-of-work in excess of $200,000.00.

 

Stormwater Management Code

 

Refer to comments provided in Part 8.0 of this report.

 

Other Staff Comments

 

See Section 8.1 of this report.

 

Public Consultation


See Section 7.7 of this report.

 

10.0  Building Code of Australia (BCA)

 

A Construction Certificate will be required to be applied for by condition of consent.

 

Financial Implications

 

Nil.

 

Conclusion

 

The application has been assessed in accordance with the provisions of the EP&A Act 1979 with all matters specified under Section 79C (1) Clauses (a) to (e) having been taken into consideration.

 

The development is in the general public interest and the design in appropriate to the site. It will ensure that an acceptable level of amenity is retained by surrounding properties and is provided within the site. The proposal is acceptable and is recommended for conditional approval.

 

 

 

ATTACHMENTS

Attachment 1View

Plans of Proposal

7 Pages

 

Attachment 2View

Locality Map

1 Page

 

Attachment 3View

SEPP 65 Comments and Recommendations

6 Pages

 

Attachment 4View

Submissions

14 Pages

 

 

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2010.284 for demolition of existing building and the erection of a new two storey boarding house comprising 26 boarding rooms, a manager’s room, associated common facilities, car, motorcycle and bicycle parking and external work on Lot 19 Section 6 in DP: 37, known as 5 Grosvenor Crescent, Summer Hill, subject to the following conditions:

 

 

 

 

 


A         General Conditions

 

(1)     Approved plans stamped by Council

 

The development must be carried out only in accordance with the plans and specifications set out on drawing numbers DA 01 to 05 Revision A prepared by h3 Architects Sydney and date stamped by Council 16 November 2010 and any supporting documentation received with the application, except as amended by the conditions specified hereunder.

 

 

B         Design Changes

 

(1)     Amended plans to be submitted

 

Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate

 

(a)        The maximum number of boarding rooms shall be 25 including the Manager’s residence.  In this regard Room No 13 is to be used as a communal living room and room layout altered accordingly.

(b)        Rear first floor roof terrace to the northern elevation is to be deleted.

(c)        All air-conditioning units shall be ground mounted or placed in the balcony areas so as not to be visible from the street.

(d)        Room No 6 is to be allocated as a Managers’ residence and Room No 12 is to be used as a single boarding room.

(e)        Each boarding room shall be equipped with a washing machine and dryer facilities.

(f)         Additional clothes line facilities are to be provided within the rear landscape garden.

(g)        Adequate vertical shading devices/privacy screens shall be provided to all first floor windows to the west facing façade.

(h)        Adequate adjustable louvers / shading devices shall be installed along the north and east facing first floor windows

 

C         Conditions that must be satisfied prior to issuing/releasing a Construction Certificate

 

(1)     Waste Management Plan

 

Prior to the issue of a Construction Certificate, the applicant shall prepare and submit a Waste Management Plan in accordance with the provisions of Ashfield Development Control Plan  - Planning For Less Waste and the Waste Planning Guide for Development Applications (Planning for Less Waste, prepared by the Regional Waste Boards), including:

 

(a)        Estimations of quantities and type of materials to be reused, recycled or left over for removal from site; 

 

(b)        Identification on a plan of on site material storage areas during construction, waste storage, recycling and composting areas;

 

(c)   Details of construction materials and methods to be used to minimise the production of waste in the completion of the new building work.

 

(d)     How waste is to be treated on the site.

 

(e)        How any residual non-reusable and non-recyclable waste is to be disposed of and including details of the approved waste disposal outlets where disposal will take place.

 

(2)       Construction and Site Management Plan

 

Prior to the issue of a Construction Certificate the applicant shall submit to Council or the accredited certifier a construction and site management plan that clearly sets out the following:

 

(a)        what actions and works are proposed to ensure safe access to and from the site and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like,

 

(b)        the proposed method of loading and unloading excavation machines, building materials, formwork and the erection of any part of the structure within the site,

 

(c)        the proposed areas within the site to be used for the storage of excavated material, construction materials and waste and recycling containers during the construction period,

 

(d)        how it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways,

 

(e)        the proposed method of support to any excavation adjacent to adjoining properties, or the road reserve.  The proposed method of support is to be designed by a chartered Civil Engineer or an accredited certifier.

 

Where it is proposed to:

·     pump concrete from within a public road reserve or laneway, or

·     stand a mobile crane within the public road reserve or laneway, or

·     use part of Council’s road/footpath area,

·     pump stormwater from the site to Council’s stormwater drains, or

·     store waste and recycling containers, skip, bins, and/or building materials on part of Council’s footpath or roadway,

 

An Activity Application for a construction zone, a pumping permit, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee shall be submitted to Council and approval obtained before a Construction Certificate is issued.

 

Note: A separate application to Council must be made for the enclosure of a public place (hoarding).

 

(3)       Soil and Water Management Plan (for major works or in sensitive areas)

 

Prior to the issue of a Construction Certificate, the applicant shall submit to and obtain approval from Council or the accredited certifier of a Soil and Water Management Plan and Statement which clearly identifies site features, constraints and soil types together with the nature of proposed land disturbing activities and also specifies the type and location of erosion and sediment control measures and also rehabilitation techniques necessary to deal with such activities.

 

The Plan shall be compatible with any Construction and Site Management Plan and shall ensure the following objectives are achieved, namely:

 

(a)        to minimise the area of soils exposed at any one time

(b)        to conserve top soil

(c)        to identify and protect proposed stockpile locations

(d)        to preserve existing vegetation and identify revegetation techniques and materials

(e)        to prevent soil, sand, gravel, and any other sediment or spoil from leaving the site in an uncontrolled manner

(f)         to control surface water flows through the development construction site in a manner that:-

 

            diverts clean run-off around disturbed areas

            minimises slope gradient and flow distance within disturbed areas.

            ensures surface run-off occurs at non-erodible velocities.

            ensures disturbed areas are promptly rehabilitated

 

(g)        to ensure regular monitoring and maintenance of erosion and sediment control measures and rehabilitation works.

 

The plan is to be prepared in accordance with “Managing Urban Stormwater: Soils and Construction Manual” prepared by NSW Department of Housing (1998).

 

(4)        Erosion & sedimentation control-management plan

 

Prior to issue of a construction certificate the applicant shall prepare an erosion and sedimentation control plan in accordance with Part 4 of the guidelines titled “Pollution Control Manual for Urban Stormwater”, as recommended by the Environmental Protection Authority.

 

Any stormwater runoff collected from the site must be treated in accordance with the Guidelines, before discharge off the site to comply with the Protection of the Environment Operations Act 1997 or other subsequent Acts.

 

Where sedimentation control basins are provided discharge shall be to the requirements of the Environment Protection Authority.

 

Applicants are further advised to refer to the following publications for additional information:

 

(a)        “Sedimentation and Erosion Control” - Department of Conservation and Land Management.

 

(b)        “Soil and Water Management for Urban Development” - Department of Housing.

 

The plan must be submitted with the application for a construction certificate.

 

Further information may be obtained from:

 

Environment Protection Officer

Environment Protection Authority

Inner Sydney Region

Locked Bag 1502

BANKSTOWN  NSW  2200

 

(5)        Damage deposit/footpath, road, kerb and gutter

 

A Damage Deposit of $ 7000 is to be submitted prior to the release of the Construction Certificate covering repair and/or replacement of adjoining footpath, road shoulder, road pavement, kerbing and guttering both outside the subject site and the surrounding area. This is to be paid to Council and may be refunded subject to satisfactory completion of construction or demolition.

 

This Damage Deposit covers unforeseen damage to the above property by construction vehicles, skip bins, construction methods etc.  Note:  Should repair works or maintenance be required on Council land, a Road Opening Permit must be obtained before those works take place.

 

Bank Guarantees are accepted in lieu of any Council security deposit/bond subject to the following:

 

w A charge equal to the value multiplied by the current “overdue rates interest charge” be levied, per month or part thereof, with a minimum charge of three months is to be paid upon lodgement.

w Any remaining charge is to be calculated at the prevailing "overdue rates interest rate" for each month or part thereof beyond the original three months that the Bank Guarantee was held, and paid prior to its release.

w Any costs incurred in the acceptance, administration or release of such Bank Guarantees be on-charged to the entity claiming the release of such Bank Guarantee, and that these amounts be paid prior to its release.

w At the time of lodgement, Council will seek verification of the Bank Guarantee.  Please provide contact details for the branch (phone number and officer) to assist with verification of the bona fides of the Bank Guarantee.

 

Until all items above are completed, no documents or usage sought from Council by the party lodging the Bank Guarantee can be issued.  Please allow a minimum of 2 business days for this process.

 

(6)        Long service levy

 

Compliance with Section 109F of the Environmental Planning and Assessment Act 1979 – payment of the long service levy under Section 34 of the Building and Construction Industry Long Service Payments Acts 1986 – is required. All building works in excess of $25,000.00 are subject to the payment of a Long Service Levy fee. A copy of the receipt for the payment of the Long Service Levy shall be provided to the Principal Certifying Authority (PCA) prior to the issue of a Construction Certificate.  Payments can be made at Long Service Payments Corporation offices or most Councils.

 

(7)        Section 94 Contribution

 

In accordance with Section 80A(1) of the Environmental Planning and Assessment Act 1979 and Ashfield Council’s Development Contributions Plan, monetary contributions shall be paid to Council prior to the issue of a Construction Certificate to cater for the increased demand for community infrastructure resulting from the development.

 

Based on a contribution rate of $987.67 for each boarding room, and the provision of twenty-seven (27) of these boarding rooms within the boarding house as a part of this development, the payment of $26,667.10 in Section 94 Contributions would be required prior to the release of the construction certificate.

 

If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Ashfield Development Contributions Plan and the amount payable will be calculated on the basis of the contribution rates applicable at the time of payment in the following manner:

 

$CC

=

$ CP  x CPIC

 

 

CPIP

Where:

$ CC      is the amount of the contribution for the current financial quarter

$ CP      is the amount of the original contribution as set out in this development consent

CPIC     is the Consumer Price Index (Sydney – All Groups) for the current financial quarter as published by the ABS.

CPIP      is the Consumer Price Index for the financial quarter at the time of the original consent.

 

Prior to payment of the above contributions, the applicant is advised to contact Council’s Planning Division on 9716 1800.  Payment may be made by cash, money order or bank cheque.

Council’s Development Contributions Plan may be viewed at www.ashfield.nsw.gov.au or a copy may be inspected at Council’s Administration Centre. 

 

(8)       Security devices/measures

 

In order to achieve satisfactory levels of surveillance and ongoing security on the site, the following shall occur:

 

(a)        To Grosvenor Crescent ground and first floor level windows, shall have fitted security locking devices, which comply with the relevant Australian Standard.

 

(b)        Ground floor and entry porticos shall have as a minimum double barrel security and fire locks.

 

(c)        Any hedging or other landscaping behind the fencing off Grosvenor Crescent shall have a maximum mature height of 1m.

 

Details to be shown on the construction certificate.

 

(9)       Surveillance

 

A surveillance system, for the building is to be designed by a professionally recognised security firm, which include the following:

 

o        a closed circuit television (surveillance cameras);

o        the Manager’s office having the relevant control panels; and

o          Tapes/digital data ‘on disc’ to be properly stored and retained on site for a minimum of twenty-one (21) days for the availability of Council or NSW Police.

 

Details to be shown on the construction certificate and provided to Ashfield Police prior to occupation.

 

(10)     Stormwater disposal – calculations and details

 

(a)          Calculations and details of the proposed method of stormwater disposal shall be prepared by a suitably qualified professional civil engineer in accordance with Council’s Stormwater Management Code and submitted to, and approved by, Council prior to the release of the Construction Certificate.

 

              The Construction Certificate plan to be submitted to Council must consist of the following items:

 

               Separate catchment areas within the site draining to each collection point or surface pit classified into the following categories:

 

              (i)                         Roof areas.

              (ii)                        Paved areas.

              (iii)                        Grassed areas.

              (iv)                       Garden areas.

              (v)                        The percentages of Pre-development and Post-development impervious areas

 

(b)          At each pit and or bend, a level of pipe is to be shown (the minimum grade for pipes is 1%.).

 

(c)           All flowpaths both internal and external, which pass through or around the proposed development site, are to be shown on the Construction Certificate plan

 

(d)          Calculations and details are to be provided to Council showing that provisions have been made to ensure runoff from all storms up to the 100 year ARI, which cannot be conveyed within the piped drainage system (including pits and including overflows from roof gutters) is safely conveyed within formal or informal overland flow paths to the detention storage facility. Where it is not practicable to provide paths for overland flows the piped drainage system should be sized to accept runoff up to and including the 100-year ARI.

 

(e)       All garbage and waste areas must drain to the sewer and not the stormwater system.

 

 

(11)   Stormwater disposal – Grosvenor Crescent (Non Standard Condition)

 

 

Prior to the release of the Construction Certificate a plan shall be submitted to the relevant Road Authority that being Ashfield Council which consists of the following items:

             

(a)          The depth and location of all services within the area affected by 375mm pipeline to be constructed in Grosvenor Crescent (i.e. gas, water, sewer, electricity, Telstra, etc).

 

(b)          A long-section of the proposed Council pipeline in Grosvenor Crescent is to be prepared showing the pipe grade (minimum grade 1%) and depth as well as any possible obstructions (e.g. Telstra lines).

 

(12)                                       Stormwater detention storage facility

 

(a)          On-site Stormwater Detention storage shall be provided in conjunction with the stormwater disposal.  This storage shall be designed in accordance with Council’s Stormwater Management Code and have a minimum storage area of 34m3 as indicated on Drawing D1 by Stormcivil Solutions. Details of the storage shall be submitted to and approved by Council prior to the release of the Construction Certificate.

 

(b)          All on-site stormwater detention pits must be located on Common Property and not on private property.

 

(c)        Prior to the release of the Construction Certificate, a maintenance schedule is

to be prepared which clearly outlines the routine maintenance necessary to keep the OSD system working, this information is to be included in the Positive Covenant required for this development. Some of the issues that will need to be addressed are:

 

·           where the storage and silt arrestor pits are located

·           which parts of the system need to be accessed for cleaning and how access is obtained

·           description of any equipment needed (such as keys and lifting devices) and where they can be obtained

·           the location of screens and how they can be removed for cleaning

·           who should do the maintenance (i.e. commercial cleaning company)

·           how often should it be done

 

The abovementioned maintenance schedule is to be submitted to and approved by Ashfield Municipal Council prior to the release of the Occupation Certificate.

 

 

(13)     Services adjustment or relocation

 

The applicant shall meet the full cost for Telstra, Sydney Electricity, Sydney Water or Natural Gas Company to adjust/relocate their services as required. The applicant shall make the necessary arrangements with the service authority. (For information on the location of these services contact the “Dial before you Dig” service on 1100.)

 

Documentary evidence from the public utility authorities confirming that all of their requirements have been satisfied shall be submitted to council with the Construction Certificate under Section 68 of the Local Government Act, 1993, for construction of the development

 

(14)     Sydney Water - Section 73 Compliance Certificate

 

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone Sydney Water 13 20 92 for assistance.

 

Following application, a "Notice of Requirements" will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the release of an occupation or subdivision certificate.

 

(15)      Noise and vibration - Acoustic report – NSW Transit RailCorp requirements

 

An acoustic assessment ids to be submitted to Council prior to the issue of a Construction certificate demonstrating how the  proposed development will comply with  the Department of Planning ‘s Document titled “Development Near rail Corridors and Busy Roads-Interim Guidelines.

 

(16)     Stray currents and electrolysis from railway operations - NSW Transit RailCorp requirements

 

Prior to the issue of a Construction certificate the applicant is to engage an electrolysis expert to prepare a report on the Electrolysis Risk to the development from stray currents.  The applicant must incorporate in the development all the measures recommended in the report to control that risk.  A copy of the report is to be provided to the Principal Certifying authority with the application for a Construction certificate. 

 

(17)   Access for people with a disability

 

A continuous path of travel not exceeding 1:14 grade or a lift must be constructed for the communal areas of the development to the individual dwellings and Pitt Wood House. This access must be provided between the main street entrances of the development to the entrances of the southern and northern residential buildings and Pitt Wood House, the basement and northern ground floor level car parks, the accessible car parking spaces, mailboxes and the garbage storage area.

 

The design of the southern and northern residential buildings must comply with Clause 41(1) and Schedule 3 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, as well as the recommendations of the ‘Access Review’ prepared by Morris-Goding Accessibility Consulting dated 15 October 2010.

 

Disabled access shall be provided to Pitt Wood House in accordance with AS 1428.1:2001, Ashfield Council’s Development Control Plan for Access and Mobility and the ‘Access Review’ prepared by Morris-Goding Accessibility Consulting dated 15 October 2010.

 

Detailed plans drawn to the scale of 1:50 shall be submitted detailing compliance with the above requirements prior to the issue of a Construction Certificate. These plans must detail compliance with the above standards in terms of complying levels, ramp slopes, door widths, circulation spaces and parking spaces.

 

(18)        Footpath/roadway – Photographs to be submitted

 

Prior to the release of the Construction Certificate, the applicant shall lodge with Council photographs of the roadway and footpaths in Grosvenor Crescent at the property, indicating the state of the relevant pavements. At the completion of construction, again at the expense of the applicant, a new set of photographs is to be taken to determine the extent, if any, of any damage, which has occurred to the relevant pavements. If any damage has occurred, the applicant shall meet the full cost to repair or reconstruct these damaged areas to Council’s relevant standard. Failure to do this will result in the applicant being held accountable for the cost of all repair works in the area near / at the site.

 

 

D         Conditions that must be complied with before work commences

 

(1)              Requirement for a Construction Certificate

 

In accordance with the provisions of Section 81A of the Environmental Planning and Assessment Act 1979 the erection of a building and/or construction works must not commence until:

 

(a)        detailed plans and specifications of the building have been endorsed with a Construction Certificate by:

 

         (i)      Council; or

         (ii)      an accredited certifier; and

 

(b)        a principal certifying authority (PCA) has been appointed and the Council has been notified in writing of the appointment, and

 

(c)        at least two days notice, in writing, has been given to Council of the intention to commence work.

The documentation required under this condition shall show that the proposal complies with all development consent conditions and the Building Code of Australia.

 

Note:  If the principal certifying authority is the Council, the appointment will be subject to the payment of a fee for the service to cover the cost of undertaking building work and / or civil engineering inspections.

 

WARNING:  Failure to obtain a Construction Certificate prior to the commencement of any building work is a serious breach of Section 81A(2) of the Environmental Planning & Assessment Act 1979.  It is a criminal offence that attracts substantial penalties and may also result in action in the Land and Environment Court and orders for demolition.

 

(2)       Notice of Commencement – Notification of Works

 

Work must not commence until the Principal Certifying Authority or the person having the benefit of the development consent has given Notification in Writing to Council no later than two days before the building work commences.

 

(3)       Inspections required by Principal Certifying Authority

 

Inspections shall be carried out at different stages of construction by Council or an accredited certifier.  If Council is selected as the Principal Certifying Authority (PCA) the inspection fees must be paid for in advance which will be calculated at the rate applicable at the time of payment.

 

(4)       Sanitary facilities - demolition/construction sites

 

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

 

The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced.

 

(5)      Asbestos sheeting removal – EPA/Workcover Authority

 

Asbestos removal is to be carried prior to principal works commencing in accordance with Environmental Protection Authority and Workcover Authority requirements.  Proper procedures shall be employed in the handling and removal of asbestos and products containing asbestos so as to minimise the risk to personnel and the escape of asbestos particles in the atmosphere.  Work is only to be carried out with the prior consent of the Work Cover Authority.

 

Note: There are substantial penalties for non-compliance with the above requirements.

 

 

(6)     Public Liability Insurance – Works on Council/public lands

 

The applicant or any contractors carrying out works on public or Council controlled lands shall have public liability insurance cover to the value of $10 million and shall provide proof of such cover prior to carrying out the works.

 

(6)          Erosion, dust, topsoil and sediment control (Non Standard Condition)

 

Temporary measures shall be provided during construction e.g. bunding, shade cloth to prevent dust leaving the site, sandbags around Council/private stormwater pits etc. in order to prevent sediment, dust, topsoil and polluted waters discharging from the site.  Plans showing such measures shall be submitted to Council and approved prior to the release of the Construction Certificate.

 

(7)               Building location - check survey certificate

 

To ensure that the location of the building satisfies the provision of the approval, a check survey certificate shall be submitted to the Principal Certifying Authority either prior to the pouring of the ground floor slab or at dampcourse level, whichever is applicable or occurs first, indicating the: -

 

            (i)    location of the building with respect to the boundaries of the site;

 

(ii)        level of the floor in relation to the levels on the site (all levels are to be shown relative to Australian Height Datum);

 

            (iii)   site coverage of the buildings on the site.

 

(8)               Protection of public places - erection or demolition of building

 

·     If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or involves the enclosure of a public place; a hoarding or fence must be erected between the work site and the public place.

 

·     If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

 

·     The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

 

·     Any such hoarding, fence or awning is to be erected prior to works commencing and only with Council approval in accordance with Workcover requirements. The temporary structures are to be removed when the work has been completed.

 

(9)       Site fencing/security

 

The site must be appropriately secured and fenced to the satisfaction of Council during demolition, excavation and construction work to ensure there are no unacceptable impacts on the amenity of adjoining properties.  Permits for hoardings and or scaffolding on Council land must be obtained and clearly displayed on site.

 

(10)     Structural Engineering Details

 

Structural engineer’s details prepared and certified by a practising structural engineer for all reinforced concrete and structural members is to be submitted to the Principal Certifying Authority for approval.

 

(11)     Remediation works

 

All remediation works shall be completed in accordance with State Environmental Planning Policy No. 55 – Remediation of Land, and notification carried out in accordance with the requirements for Category 2 remediation works. Remediation and validation reporting shall also be completed in accordance with Guidelines made under the Contaminated Land Management Act 1997.

 

Remediation and validation works and reporting shall be undertaken by an appropriately qualified person, and certification verifying that the site has been fully remediated in accordance with appropriate guidelines and legislation shall be submitted to Council within 30 days of completion of remedial works. All remediation and validation works shall be complete prior to the erection of any structures on site.

 

Note: All areas located outside the perimeter of the building footprint shall be made suitable for the proposed residential development (i.e. a minimum of HIL A – ‘Standard Residential’), including those areas proposed to be paved. If areas beneath the building footprint are not remediated and validated, a notification may be placed on the section 149 planning certificate indicating that contamination is present on the site.

 

(12)      Hazardous materials survey

 

A hazardous materials survey of the buildings and surface of the subject site shall be undertaken by a suitably qualified consultant prior to commencement of any works on site. A suitably qualified, WorkCover approved contractor must be engaged to remove any suspected asbestos containing material identified on the subject site (including any fibro sheeting previously found to contain asbestos). This material shall be disposed of to an appropriately licensed waste facility in accordance with NSW EPA Environmental Guidelines. Where asbestos is found in contact with soil, the surrounding soil must be validated to be free of asbestos, and records of this provided to Council within the required validation report.

 

(13)   Sydney Water approval

 

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site: www.sydneywater.com.au, see Your Business then Building & Developing then Building & Renovating or telephone Sydney Water 13 20 92.

 

(14)      Tree management

 

Prior to any construction work on the site that Council is notified to carry out remedial tree pruning of the overhanging braches so that branches are removed as top not interfere with erection of scaffolding during construction and alleviate and damage to trees on Council’s property.

 

 

E          Conditions that must be complied with during construction or demolition

 

(1)               Locate structures within boundaries

 

The proposed structure(s) to be erected must stand wholly within the boundaries of the allotment.

 

(2)        Encroachment on Council property prohibited

 

No portion of the proposed structure, including gates and doors during opening and closing operations, shall encroach upon Council’s footpath area.

 

(3)        Building materials - storage/placement on footpath/roadway  - Council approval

 

All building materials shall be stored wholly within the property boundaries and shall not be placed on the footpath, grass verge or roadway without prior written approval of Council.

 

Bulk refuse bins shall not be placed on the grass verge, footpath or roadway without Council permission.  Application forms and details of applicable fees are available from Council’s Customer Service, telephone 9716 1800.

 

(4)       Signs to be erected on building and demolition sites

 

(1)        A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

 

          (a)     stating that unauthorised entry to the work site is prohibited; and

 

(b)        showing the name and address of the contractor for the building work and the person in charge of the work site and a telephone number at which the person may be contacted outside working hours; and

 

(c)        showing the name, address and telephone number of the Principal Certifying Authority appointed for the building works.

         

(2)     Any-sign shall be maintained and not removed until work has been finished.

 

(5)     Demolition/excavation/construction - hours of work

 

Demolition, excavation and construction work, including loading and unloading of materials and machinery, shall be restricted to between the hours of 7.00 am to 6.00 pm, Monday to Friday and from 7:00 am to 1.00 pm on Saturday.  Work is prohibited on Sundays, and on public holidays.

 

(6)              Demolition requirements/standards

 

Demolition of is to be carried out in accordance with the following:

 

(a)        Australian Standard 2601 and any requirements of the Workcover Authority.

 

(b)        The Waste Management Plan submitted with the Development Application.

 

(c)       The property is to be secured to prohibit unauthorised entry.

 

(d)        All precautions are to be exercised in the handling, removal and disposal of all asbestos materials.  Licensed contractors and the disposal of asbestos is to be carried out in accordance with the requirements of the Work Cover Authority.

 

(e)        All other materials and debris is to be removed from the site and disposed of to approved outlets.

 

(f)         Any demolition on the site is to be conducted in strict accordance with, but not limited to, sections 1.5, 1.6, 1.7, 3.1 and 3.9 of the AS 2601 - 1991, demolition of structures. The following measures must be undertaken for hazardous dust control:

 

(g)   Prior to demolition, the applicant shall submit a Work Plan prepared in accordance with AS 2601 by a person with suitable expertise and experience to the Principal Certifying Authority.  The Work Plan shall identify any hazardous materials, the method of demolition, the precautions to be employed to minimise any dust nuisance and the disposal methods for hazardous materials.

(h)        Hazardous dust must not be allowed to escape from the site or contaminate the immediate environment.  The use of fine mesh dust proof screens, wet-lead safe work practices, or other measures is required.

 

(i)         All contractors and employees directly involved in the removal of hazardous dusts and substances shall wear protective equipment conforming to AS 1716 Respiratory Protective Devices and shall adopt work practices in accordance with WorkSafe Requirements (in particular the WorkSafe standard for the Control of Inorganic Lead At Work (NOHSC: 1012, 1994) and AS 2641, 1998).

 

(j)         Any existing accumulations of dust (e.g.; ceiling voids and wall cavities must be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter and disposed of appropriately.

 

(k)        All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Unclean water from the suppressant spray is not be allowed to enter the street gutter and stormwater systems.

 

(l)         Demolition is not to be performed during high winds that may cause dust to spread beyond the site boundaries without adequate containment.

 

(m)      All lead contaminated material is to be disposed of in accordance with the NSW Environment Protection Authorities requirements.

 

(n)        Construction and demolition waste, particularly timber, bricks and tiles, concrete and other materials need not be disposed of- they can be recycled and resold if segregated properly from any hazardous waste contamination.

 

(o)        Following demolition activities, soil must be tested by a person with suitable expertise to ensure the soil lead levels are below acceptable health criteria for residential areas.  Full certification is to be provided for approval by the Principal Certifying Authority.

 

(7)       Dust control

 

Adequate measures are to be implemented, including, for example, water spraying/mesh barriers, to prevent dust from causing any nuisance.

 

(8)       Waterproofing materials/installation – BCA/Australian Standards

 

Approved products that are impervious to water shall only be used as a substrate or as a lining and as a finish to floors and walls of wet areas (i.e. bathroom/shower room, WC compartment and laundry). Floors and cubicles shall be properly graded and drained to approved outlets.

 

The wet areas in the building shall be impervious to water as required by Part 3.8.1 of the Building Code of Australia (BCA). The junction between the floor and wall and the construction of the bath shower recess, basin, sink or the like shall be in accordance with the BCA & AS 3740:2004 ‘Waterproofing of wet areas within residential buildings’.

 

On completion of the waterproofing of the wet areas, the Principal Certifying Authority shall be furnished with a certificate from the person responsible.  This is to state that the materials are suitable for the situation and that the application and/or installation has been carried out in accordance with the manufacturer’s instructions, the BCA and AS 3740.

 

(9)       Safety Glazing - BCA

 

Safety glazing complying with B1 of the Building Code of Australia (BCA) is to be used in every glazed door or panel that is capable of being mistaken for a doorway or unimpeded path of travel.  The glazing must comply with AS 1288:2006 ‘Glass in Buildings – Selection and Installation’.

 

Framed panels or doors enclosing or partially enclosing a shower or bath shall be glazed with "A" or "B" grade safety glazing material in accordance with AS 1288 and Part 3.6.4 of the BCA.

 

(10)     Footpath, kerb and gutter reconstruction

 

The public footpath outside the site shall be completely reconstructed to the requirements of Council’s Works & Infrastructure Department at the applicant’s expense. This work shall be carried out prior to the release of the Occupation Certificate.

 

(11)     Redundant vehicle crossings – removal and replacement

 

All redundant vehicular crossings shall be removed and replaced with concrete footpath, concrete kerb and concrete gutter at no cost to Council at the applicant’s expense. This work shall be carried out prior to the release of the Occupation Certificate.

 

(12)     Vehicle access driveways

 

A new vehicular access driveway shall be constructed in accordance with Council’s standard drawing and specifications.  The driveway shall be located a minimum of 1.0m clear of any existing stormwater pits, lintels or poles and 2m clear of any trees within the road reserve. The driveway shall also be located a minimum of 0.5m clear of any utility service opening such as Telstra, Sydney Electricity, Sydney Water or Natural Gas Company.

 

This work shall be carried out prior to the release of the Occupation Certificate.

 

(13)     Road opening permit – Council controlled lands

 

A road opening permit shall be obtained for all works carried out in public or Council controlled lands. Contact Council’s Engineering Services for details.

 

(14)     Finished ground levels at property boundary

 

Finished ground surface levels shall match existing levels at the property boundary.

 

(15)     Traffic control on public roads

 

Where works are undertaken on public roads, adequate traffic control in accordance with AS 1742.3 1996  “Traffic Control Devices for work on Roads”, particularly regarding traffic movement controllers, advance warning signs and directions to motorists, shall be provided.  Where such measures are not satisfactorily provided to this Australian Standard, Council may provide such and recover the costs from any bonds held.

 

(16)     Engineering staff to inspect roadworks/drainage

 

An inspection by Council’s staff will be required for   at the following stages:

 

(i)         after excavation

 

(ii)        after the erection of formwork and placement of reinforcement and prior to pouring of concrete

 

(iii)       after placement of road base course

 

(iv)       after completion of any pits

 

(v)        after pipes have been laid and prior to backfilling

 

(vi)       on completion of the works

 

A minimum of 24 hours notice is required to be given to Council to obtain an inspection.  Work is not to proceed until the works or activity covered by the inspection is approved.

 

(17)     Spoil and building materials on road and footpath

 

Spoil and building materials shall not be placed or stored within any public roadway or footpath.

 

(18)     Stormwater runoff – collection/discharge

 

Stormwater runoff from all roof and paved surfaces shall be collected and discharged by means of a gravity pipe system to the nearest appropriate Council stormwater pit in Grosvenor Crescent at a maximum Permissible Site Discharge of 51 L/sec for the 1:100 ARI.

 

A standard Council pit shall be constructed at the kerb and a pipeline from this kerb pit to Council’s pit is to be constructed under the kerb and gutter as per Council’s Stormwater Management Code.

 

(19)     Surface run-off

 

Allowance shall be made for surface run-off from adjacent properties, and to retain existing surface flow path systems through the site.  Any redirection or treatment of these flows shall not adversely affect any other properties.

 

(20)     Surface overflow paths – storm recurrence event

 

Surface overflow paths shall be provided to allow for the 1 hour 1 in 100 year storm recurrence event, and any more intense events.

 

Should it not be possible to provide an overland escape route for excessive stormwater an increase of 50 % in the required volume of stormwater storage will be required.

 

(21)      Garbage Room

 

The garbage room shall be provided with a tap and floor waste that drains to the sewer.

 

(22)      Soils to be used on site

 

All soil used on site shall be classified as Virgin Excavated Natural Material, in accordance with the Department of Environment Climate Change and Water Waste Classification Guidelines (2008).

 

(23)      Disposal of site soils

 

All soils excavated from the subject site shall be classified under the NSW Department of Environment Climate Change and Water Waste Classification Guidelines (2008). Testing is required prior to offsite disposal. All waste materials must be removed to appropriately licensed waste facilities by a suitably qualified contractor. Details of soil excavation, transportation and disposal works shall be reported to Council by a suitably qualified consultant. This is to be submitted as part of the validation reporting for the development.

 

F          Conditions that must be complied with prior to installation of services

 

nil

 

G         Conditions that must be complied with before the building is occupied

 

(1)       Positive Covenant – stormwater detention/surface flow paths - occupation certificate

 

A Positive Covenant under Section 88E of the Conveyancing Act shall be created on the title of the property detailing the

 

(a)  surface flow path

(b)  finished pavement and ground levels

(c)  prevent the erection of any structures or fencing

(d)  on-site stormwater detention system

 

The wording in the Instrument shall be submitted to and approved by Ashfield Municipal Council prior to lodgement at the Land Titles Office and prior to the release of the Occupation Certificate. The Instrument shall be registered prior to the completion of development.

 

(2)        Engineering conditions to be satisfied prior to issue of occupation certificate

 

Prior to the release of the Occupation Certificate when the on-site building works are completed there are three (3) conditions that must be satisfied.

 

They are:

 

(a).       Work-As-Executed Plans

 

A "Work-as-Executed" plan prepared and signed by a registered surveyor is to be submitted to Council’s Engineering Department at the completion of the works showing the location of the detention basin with finished surface levels, contours at 0.2 metre intervals and volume of storage available.  Also the outlet pipe from the detention basin to its connection to Council's drainage system, is to be shown together with the following information:

‑ location

‑ pipe diameter

‑ gradient

‑ pipe material i.e. PVC or EW etc

- orifice size

            - trash screen at orifice

- all buildings (including floor levels) and finished ground and            pavement surface levels

 

 (b)       Engineer's Certificate

 

A qualified practising Civil Engineer shall certify on the completion of drainage works in respect of:

 

*             the soundness of the storage structure;

*             the capacity of the detention storage;

*             the emergency overflow system being in place;

*                      the works being constructed in accordance with the Council approved plans; and

*                      the freeboard from maximum water surface level to the finished floor levels are at or above the minimum required in Council’s Stormwater Code.

 

(c)        Restriction-As-To-User

 

A “Restriction-as-to-User” is to be placed on the title of the subject property to indicate the location and dimensions of the detention area.  This is to ensure that works, which could affect the function of the stormwater detention system, shall not be carried out without the prior consent in writing of the Council.   

 

Such restrictions shall not be released, varied or modified without the consent of the Council.

 

(3)       Approval to use/occupy building

 

The building or any part thereof must not be used or occupied until an Occupation Certificate has been obtained from the Principal Certifying Authority.

 

Note: If Council is chosen as the Principal Certifying Authority a fee is applicable prior to the release of the Construction Certificate.

 

 

(4)       Landscaping completion

 

All site works and landscaping  is to be carried out in accordance with the approved landscaping  plans prior to completion and/or occupation of the premises.

 

(5)       Boundary fencing replacement

 

The existing boundary fencing along the side and rear  boundaries is to be replaced with a 1.8m high lapped and capped fencing at the applicant’s/owner’s cost. Fencing between the building and the street alignment shall match the height of similar adjacent fences. 

 

(6)       Sydney Water - Section 73 Compliance Certificate

 

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone Sydney Water 13 20 92 for assistance.

 

Following application, a "Notice of Requirements" will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the release of an occupation or subdivision certificate.

 

(7)        Acoustic Treatment

 

The acoustic treatment shall be installed in accordance with RSA Acoustics Report 5006-R2 dated September 20101.

 

(8)       Recommendations of NSW Police Department

 

The attached recommendations of NSW Police Department dated 8 February 2011 based on Crime Prevention Through Environmental Design Guidelines are to be fully implemented prior to occupation of the facility

 

(9)        Plan of Management

 

The Plan of management for the site which forms part of this consent is to be amended as follows by adding the following paragraph to “11.0 Ongoing Cleanliness”

 

·     “Sufficient notice will given to residents prior to inspection and the privacy of people’s space and belongings is respected.  Regular inspections be scheduled so that tenants are aware of date and time, thus ensuring rights and privacy.”

 

H         Conditions that are ongoing requirements of development consents

 

 

 

 

 

(1)        Approved use

 

The premises shall not be used for any purpose other than that stated in the Development Application, i.e. a Boarding House without the prior consent of the Council.

 

(2)        Maximum Occupancy

 

The maximum number of boarding room is to be 24 and maximum occupancy of the boarding house at any time is to be 27 boarders.  A maximum of one (1) boarder is to occupy boarding rooms 1 to 5, 7 to 12, 14 to 16, 19 to 26 and a maximum of two (2) boarders are permitted in rooms 17 and 18.  The Room 13 is to be used either as a storage room or a communal living room.  The maximum occupancy of each boarding room for the period of each lease is to be identified on the residential lease and the residential lease are to be made available to Council for inspection upon request.

 

(3)       Signage

 

Signage is to provided at the front faced of the foyer identifying a telephone number of the manager of the premises.

 

(4)       Air conditioners - noise control - Protection of the Environment Operations Act 1997

 

The air conditioners as approved by this consent shall be installed and operated at all times so as not to cause “Offensive Noise” as defined by the Protection of the Environment Operations Act 1997 that will adversely affect the amenity of the premises in close proximity to the property.

 

(5)       Air conditioning unit operation-noise

 

The air conditioning unit(s) must be maintained and function, so as to be inaudible in your neighbour’s home during the hours of 10.00pm to 7.00am on weekdays and 10.00pm to 8.00am on weekends and public holidays

 

(6)        Communal open space area - access

 

Area(s) allocated as communal open space shall be accessible for use by all residents of the development

 

(7)        Rental leases

 

No occupation of the premises is to occur without each tenant having a current residential lease agreement for a period of at least 3 months.  The lease is to include (or have attached) information informing the tenant of their responsibilities in maintaining orderly behaviour and respecting amenity of other boarders and residents of the adjoining properties.

 

(8)        Complaints-response by licensee

 

In the event of a complaint being received by the licensee from a neighbouring resident with respect to a disturbance to the quiet and good order of the neighbourhood, the owner or his/her employee(s) i.e. site manager shall respond to such a complaint in a sympathetic and effective manner.

 

 

 

 

(9)        Use of recreation rooms

 

The recreation rooms are not to be used outside the hours of 7am 10pm Sunday to Thursday and 7am to 12 midnight Fridays and Saturdays.

 

(10)      Retain amenity

 

The approved uses are to be conducted at all times without interference to the amenity of the area. Effective measures must be taken at all times to prevent any nuisance being caused by noise, vibrations, smells, fumes, dust, smoke, waste water products and the like.

 

The use and occupation of the premises, including all plant and equipment installed thereon, shall not give rise to any offensive noise or vibration from the premises within the meaning of the Protection of the Environment Operations Act 1997.

 

(11)      Garbage bin storage/placement for collection

 

All garbage/recycling bins for the northern building are to be kept in the garbage bin storage area.  Bins are only to be placed on the footpath on the day of garbage collection and are to be returned to the storage area immediately after collection.

 

(12)      Lighting overspill – amenity

 

No security or other lighting shall cause light overspill to adjoining property owner’s occupiers or residents.

 

I           Advisory Notes

 

nil

 

 

Phil Sarin

Director Planning and Environment

 

 

COMPLIANCE TABLE - ASHFIELD LOCAL ENVIRONMENTAL PLAN 1985

 

CLAUSE 2

Aims, objectives etc.

This plan aims to:

(a) promote the orderly and economic development of the local government area of Ashfield in a manner consistent with the need to protect the environment; and

(b) retain and enhance the identity of the Ashfield area derived from its role as an early residential suburb with local service industries and retail centres; and containing the first garden suburb of Haberfield (now listed as part of the National Estate).

Complies.  It is considered that the carrying out of the proposed development will meet the aims and objectives of Ashfield LEP 1985.

 

 

CLAUSE 10

Zoning

Complies.  The property is zoned Residential 2(a) and the proposal is prohibited however boarding houses are permissible with Council consent under SEPP Affordable rental Housing 2009.

CLAUSE 10A

Development consent required for change of building use and subdivision

Complies.  The proposal requires development consent and this has been sought in the appropriate manner.

 

 

CLAUSE 11

Dwelling houses – residential allotment size

(1) Except as provided by subclause (2), the council shall not consent to development for the purposes of a dwelling-house on an allotment of land within Zone No. 2(a), 2(b) or 2(c) unless-

(a) where the allotment is hatchet shaped – it has an area of not less than 700 square metres; or

(b) in any other case –

(i) the allotment has an area of not less than 500 square metres; and

(ii) the allotment is not less than 15 metres wide at the front alignment of the proposed dwelling house.

(2) The council may not consent to the erection of a dwelling-house on an allotment of land which does not comply with subclause (1) where the allotment was in existence as a separate allotment on the appointed day.

(3) For the purposes of subclause 1(a), in calculating the area of a hatchet-shaped allotment, the area of any access corridor shall be disregarded.

Complies.

Allotment Size                 = 953.00sqm

Width of front alignment    = 15.24m

 

The allotment was in existence on the appointed day.

 

 

CLAUSE 12:

Number of floors in dwelling-houses

(1) In this clause, “floor” means any separate level within a building but does not include a level used exclusively for car parking.

(2) A person shall not erect a dwelling house which contains more than –

(a) in the case of land within Zone No. 2(a) or 2(b) – 2 floors; or

(b) in the case of land within Zone 2(c) – 3 floors, except with the consent of the council.

Complies.   

No. of floors           = 2

 

.

CLAUSE 13

Dwelling houses – dual occupancy

Not applicable

CLAUSE 17

Floor space ratios

(1) In this clause “building” does not include a building used exclusively as a dwelling- house or residential flat building, but includes a building or buildings comprising 2 dwellings only on the same allotment.

(2) A person shall not, upon an allotment of land within a zone specified in Column I of the Table to this clause, erect a building with a floor space ratio that exceeds the ratio set out opposite the zone in Column II of that Table.

Complies.   

Site Area                         = 953.00sqm

Gross Floor Area              = 714.66sqm

Proposed FSR                 = 0.75:1

Maximum FSR                = 0.75:1

Not applicable.


CLAUSE 17

Floor space ratios

(1) In this clause “building” does not include a building used exclusively as a dwelling- house or residential flat building, but includes a building or buildings comprising 2 dwellings only on the same allotment.

(2) A person shall not, upon an allotment of land within a zone specified in Column I of the Table to this clause, erect a building with a floor space ratio that exceeds the ratio set out opposite the zone in Column II of that Table.

Not applicable.

CLAUSE 17A

Height of residential flat buildings

(1) This clause applies to land within Zone No. 2(b) or 2(c).

(2) In this clause –

“height” in relation to a building, means the greatest vertical distance (expressed I  metres) between any level of the natural surface of the site area on which the building is, or is to be, erected and the ceiling of the topmost habitable floor of the building;

“natural surface”, in relation to a site area, means the level determined by the council to be the natural surface of the site area.

(3) The maximum height to which a residential flat building may be erected on land to which this clause applies shall be-

(a) in the case of a building within Zone No. 2(b) – 6 metres; and

(b) in the case of a building within Zone No. 2(c) – 9 metres.

(4) This clause does not apply to land within Zone No. 2(c) shown edged heavy black and lettered “2(c)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No. 79)”.

 

Not applicable.

CLAUSE 17B

Development of Ashfield Business Centre - Zone No. 3(a) floor space ratio

(1) This clause applies to land within Zone No 3(a) that is shown edged with an unbroken (or, if fronting Elizabeth Avenue, a broken) heavy black line on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)”.

(2) The Council must not grant consent for buildings on land to which this clause applies if the floor space ratio of the building would exceed the base floor space ratio shown for the land on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)”, except as provided by subclause (3).

(3) The Council may consent to a building on a site of land to which this clause applies which is also land shown edged with a broken or unbroken heavy black line on Sheet 3 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)” that will result in the gross floor area of the buildings on the site being greater than that allowed by that base floor space ratio by no more than an amount equivalent to the site area, subject to subclause (4).

(4) The Council may grant consent pursuant to subclause (3) only if it is satisfied that the additional floor area will be developed as referred to on Sheet 3 of that map in relation to the land concerned and only if the Council is satisfied that the additional development will not result in an adverse impact on any of the following:

(a) the scale and character of the streetscape,

(b) the amenity of any existing or potential residential units on neighbouring land,

sunlight access to surrounding streets, open space and nearby properties,

(d) wind flow pattern to surrounding streets, open space and nearby properties.

Not applicable

CLAUSE 18

Development for the purpose of advertisements

 

Not applicable.

CLAUSE 20

Clubs

Not applicable.

CLAUSE 21

Motor showrooms

 

Not applicable.

CLAUSE 22

Industrial uses 4(b)

Not applicable.

CLAUSE 23

Setbacks 4(b)

 

Not applicable.

CLAUSE 24

Parking in Zone 4(b)

 

Not applicable.

CLAUSE 25

Development of land within Zone No. 6(a)

 

Not applicable.

CLAUSE 27

Acquisition of land

 

Not applicable.

CLAUSE 28

Suspension of certain laws

 

CLAUSE 29

Provision for public amenities and services

The demand for public amenities and public services is not likely to increase as a result of this proposal.

 

The demand for public amenities and public services is likely to increase as a result of this proposal.  Section 94A contributions will be applicable in accordance with the relevant section 94A contributions plan.

CLAUSE 29A

Classification and reclassification of public land as operational

Not applicable.

CLAUSE 30

Heritage provisions – aims

The aims of this Part are:

(a) to retain the identity of Ashfield by conserving its environmental heritage, which includes the first garden suburb of Haberfield now listed as part of the National Estate; and

(b) to integrate heritage conservation into the planning and development control processes; and

(c) to provide for public involvement in the conservation of Ashfield’s environmental heritage; and

(d) to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings as well as landscapes and streetscapes and the distinctive character that they impart to the land to which this plan applies.

 

Not applicable.

CLAUSE 32

Protection of heritage items, heritage conservation areas and relics

 

 

 

Not applicable.

1.

Requirement for development consent

Complies.  The proposal requires development consent and this has been sought in the appropriate manner.

2.

Development consent not required

Not applicable.

3.

Assessment of impact on heritage significance

Not applicable.

4.

Requirement for conservation plan or heritage impact statement

Not applicable.

 

5.

Assessment criteria for development of land within heritage conservation areas.

Not applicable.

 

 

CLAUSE 34

Notice to Heritage Council

Not applicable.

 

 

CLAUSE 35

Haberfield Heritage Conservation Area

 

CLAUSE 37A

Conservation incentives

Not applicable.

 

CLAUSE 38

Development of land known as 476 Parramatta Road Ashfield

Not applicable.

CLAUSE 38A

Multiple dwellings on certain land

Not applicable.

 

CLAUSE 38B

Development of land known as Lot 1 (adjacent to Brown Street and Markham Avenue Ashfield

Not applicable.

 

CLAUSE 39

Development of land known as 4 Parramatta Road, Summer Hill and 47 Dover Street, Summer Hill

Not applicable. 

CLAUSE 39A

Temporary car park–Liverpool Road and Elizabeth Avenue, Ashfield

Not applicable.

 

CLAUSE 39B

Mixed development in commercial zones – generally

Not applicable.

 


CLAUSE 40

Mixed development on certain land – floor space concessions

Not applicable.

 

CLAUSE 41

Development of land known as No. 91A Smith Street, Summer Hill

Not applicable.

 

CLAUSE 42

Development of land adjacent to Liverpool Road and railway line, Ashfield

Not applicable.

 

CLAUSE 43

Development of community centre at Smith Street, Summer Hill

Not applicable.

 

CLAUSE 44

Development of land known as No. 60 Dalhousie Street, Haberfield (Haberfield Post Office)

Not applicable.

 

CLAUSE 45

Development of land adjacent to Liverpool Road and railway line, Ashfield

Not applicable.

 

CLAUSE 48

Development of land known as the Ashfield Public School Playing Fields Site, 3 Orchard Crescent and 209 Liverpool Road, Ashfield

Not applicable.

 

CLAUSE 49

Development of land known as 191 Ramsay Street, Haberfield

 

Not applicable.

 

CLAUSE 51

Development of land known as 93 Milton Street, Ashfield

Not applicable.

 

CLAUSE 52

Development of land known as 412–416 Liverpool Road, Croydon

 

Not applicable.

 

CLAUSE 53

Development of land known as 3 Carlton Crescent, Summer Hill

 

Not applicable.

 

CLAUSE 54

Development at 11–13 Hercules Street, Ashfield

Not applicable.

.

CLAUSE 55

Development of certain land at Milton Street and Park Avenue, Ashfield

Not applicable.

 

CLAUSE 56

Development of certain land at Queen Street, Ashfield

Not applicable.

 

CLAUSE 57

Development of certain land known as 55–75 Smith Street, Summer Hill

Not applicable.

 

MODEL PROVISIONS

 

5(1) - Aesthetic appearance of proposed development from waterway, main or arterial road, railway, public reserve or land zoned for open space.

Acceptable.

5(2) – Car impacts

a)   adequate exits and entrances so as not to endanger persons and vehicles using public roads

b)   adequate car-parking

c)   compliance with RTA representations

d)   adequate area for loading, unloading and fuelling vehicles and for the picking up and setting down of passengers

 

5(3) – transport terminal

NA

7 – Foreshore building line

NA

8 – Preservation of trees

NA

9 – Realignment of main roads

NA

10 – Road opening

NA

11 – Subdivision – new roads

NA

12 – Land used for commercial or industrial purposes

 

13 – Off street loading, facilities, etc.

 

17 – Residential flat buildings - setbacks

Boarding houses or residential flat buildings shall not be located closer than 9 m to a main or arterial road.

 

18 – Restrictions on excavations

NA

19 – Service stations or car repair stations

NA

20 – Drive-in Theatre

NA

21 – Drive-in take-away food shops

NA

23 – Industrial use of land in commercial zones

NA

24 – Railway sidings

NA

25 – Liquid fuel depots

NA

26 – Junk yards and offensive or hazardous industries

NA

27 – Sawdust and sawmill waste

NA

28 – General Store within rural zones

NA

Division 5 – General

NA

30 – Services – water, sewage and drainage

NA

32 – Extractive industry, transport terminal

NA


Attachment 1

 

Plans of Proposal

 








Attachment 2

 

Locality Map

 


Attachment 3

 

SEPP 65 Comments and Recommendations

 







Attachment 4

 

Submissions

 















Ashfield Council – Report to Ordinary Meeting held on Tuesday 22 March 2011

CM10.2

Subject                            DEVELOPMENT APPLICATION: 10.2011.036.1
97 FREDERICK STREET, ASHFIELD

 

File Ref                            10.2011.036.

 

Prepared by                   Luma Araim - Planning & Building Technical Officer       

 

 

Reasons                          Matter requires Council determination

 

Objective                         For Council to determine the application

 

 


Overview of Report

 

1.0     Description of Proposal

 

Pursuant to Clause 78A(1) of the Environmental Planning and Assessment (EP&A) Act 1979 (as amended) this application seeks Council’s consent to undertake alterations and additions to an existing late Victorian two storey terrace at 97 Frederick Street, Ashfield

 

Plans of the proposal are included at Attachment 1.

 

2.0     Summary Recommendation

 

The proposed works consist of internal alterations to provide a shower room and toilet to bedroom 2 on the first floor and side extension at ground floor to construct a new laundry and bathroom. The proposal also involves enlargement of the existing kitchen to access the rear garden through a large double door opening on to a covered paved courtyard area.

 

The proposal fails to comply with the soft landscaping controls of Part C15 of Ashfield Development Control Plan 2007 which requires a minimum 20 square metres of soft landscaped area to the rear courtyard with the minimum width of 3.5 metres. The site currently does not have any soft landscaped area and in this case the proposal does not seek to further reduce or alter the existing landscaped area. In this instance the proposal is considered acceptable and is recommended for conditional approval.

 

Background

 

3.0     Application Details

 

Applicant                                 :         Vick Asi

Owner                                     :         Mr I D & Mrs E A Bell

Value of work                          :         $114,920.00

Lot/DP                                    :         LOT: 4 DP: 222870

Date lodged                            :         08/02/2011

Date of last amendment         :         NA

Building classification             :         1a

Application Type                     :         Local

Construction Certificate         :         No

Section 94A Levy          :         Yes

 

 

4.0     Site and Surrounding Development

 

The subject site is located on the eastern side of Frederick Street, bounded by John Street to the north and Albert Parade to the South.  The site area is approximately 145.4 square metres. An existing late Victorian two storey terrace and a shed are located on the site. Surrounding development comprises residential development, ranging from single dwellings to residential flat buildings. Refer to Attachment 2 for a locality map.

 

5.0     Development History

 

No previous history of the subject site is contained within Council records.

 

Assessment

 

6.0     Zoning/Permissibility/Heritage

 

·     The site is zoned 2(a) - Residential under the provisions of Ashfield LEP 1985.

·     The property is not located within a Conservation Area.

·     The property is a heritage item.

·     The property is located within the vicinity of heritage items at 91-101 Frederick Street.

 

The proposed works are permissible with Council consent.

 

7.0     Section 79C Assessment

 

The following is an assessment of the application with regard to the heads of consideration under the provisions of Section 79C of the EP&A Act.

 

7.1     The provisions of any Environmental Planning Instrument

 

7.1.1  Local Environmental Plans

 

Ashfield Local Environmental Plan 1985 (as amended)

 

It is considered that the proposal complies with the provisions of the Ashfield LEP 1985.

 

7.1.2  Regional Environmental Plans

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

An assessment has been made of the matters set out in Clause 20 of the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.  It is considered that the carrying out of the proposed development is generally consistent with the objectives of the Plan and would not have any adverse effect on environmental heritage, the visual environment, the natural environment and open space and recreation facilities.

 

7.1.3  State Environmental Planning Policies

 

State Environmental Planning Policy No. 1 – Development Standards

 

Not applicable

 

State Environmental Planning Policy No. 6 – Number of Storeys in a Building

 

Noted.

 

State Environmental Planning Policy No. 55 – Remediation of land

 

Remediation of the site is not required prior to the carrying out of the proposed development.

 

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

 

Not applicable. The proposed works would not be defined as “exempt development” and the site being a heritage item prevents “complying development” from being undertaken.

 

7.2       The provisions of any Draft Environmental Planning Instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority.

 

There are no draft planning instruments that are applicable to the site.

 

7.3       The provisions of any Development Control Plan.

 

The proposal has been considered against the provisions of the Ashfield Development Control Plan (DCP) 2007:

 

C1

ACCESS AND MOBILITY

Not applicable to single dwelling houses.

C10

HERITAGE CONSERVATION

The objectives of this part have been met. It is considered that the proposal will not detract from the character of the house or the significance of the heritage item. Council’s heritage adviser has reviewed the proposal and raised no concerns.

C11

PARKING

The parking arrangements will not be altered as a result of the proposed works.

C12

PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT

The proposal was notified in accordance with the Council’s notification policy.

C15

HOUSES & DUAL OCCUPANCIES

See comments below.

 

Ashfield DCP 2007- Part C15- Houses and Dual Occupancies

 

According to this part if the site has an area between 0-200 square metres the maximum FSR is assessed on merit subject to:

 

“- an adequate level of amenity is provided for neighbours in terms of solar access and privacy and the applicable requirements of Section 5 - Amenity for neighbours are met.

 

- architectural composition complies with the applicable objectives of Section 3 - Aesthetics.”

 

The subject site has an area of approximately 145.4 square metres. The development does not propose to extend the existing first floor or introduce new windows. The alterations to the first floor will be internal changes only.

 

The proposal also involves an extension to the side and rear of the ground floor of the terrace house. In regards to the extension of the ground floor the proposal does not involve the addition of new windows to the side instead the extension will be served by skylights. The development proposes a new laundry window and a double door opening onto the paved terrace.

 

Amenity for neighbours:

 

The development will not result in additional shadows over the adjoining property to the south due to the extension being located at ground floor level.

 

Scale and Bulk:

 

The resulting bulk and scale is also considered to be consistent with the prevailing built form of dwelling houses within the vicinity.

 

Aesthetics:

 

The proposed works consist of internal alterations and extension to the side and rear of the existing terrace house at the ground level. The proposed ground level extension will not have any impact on the streetscape and the proposal does not involve changes to the main formal rooms of the house and the front elevation.

 

Ecologically Sustainable Development:

 

A BASIX Certificate has been submitted with the application.

 

It is considered the application complies with the parts as indicated and ultimately achieves the aims and objectives of the Ashfield DCP.

 

7.4       Any matters prescribed by the regulations that apply to the land to which the development application relates.

 

These matters have been considered in the assessment of this application.

 

7.5       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts on the locality.

 

These matters have been considered as part of the assessment of the development application. It is considered that the proposed development will have no significant adverse environmental, social or economic impacts upon the locality.

 

7.6       The suitability of the site for the development

 

These matters have been considered as part of the assessment of the development application. There are no natural hazards or other site constraints that are likely to have a significant adverse impact upon the proposed development.  The proposed development is considered suitable in the context of the locality.

 

7.7       Any submissions made in accordance with this Act or the regulations

 

The proposal was notified to all adjoining and nearby affected property owners and occupants, and Councillors from 14 February 2011 until 2 March 2011.

 

 

7.7.1 Summary of submissions

 

No submissions were received during the notification of the development application.

 

7.8     The public interest

 

The approval of this application is considered to be in the public interest.

 

8.0     Referrals

 

8.1     Internal

 

Heritage Adviser

 

Council’s Heritage Adviser has provided his support to the proposal – refer to Attachment 3.

 

Building

 

Construction team leader has raised some concerns regarding compliance with the BCA requirements, but he generally does not object to the proposed design as submitted to council for consideration. Conditions requiring BCA compliance is provided in this report.

 

9.0     Other Relevant Matters

 

Stormwater Pipes

 

Council’s stormwater map does not indicate that the subject property is burdened by any Council or Sydney Water stormwater pipes.

 

10.0   Building Code of Australia (BCA)

 

A Construction Certificate will be required to be applied for by condition of consent.

 

Financial Implications

 

Based on the estimated value of works $ $114,920.00 a Section 94A contribution fee of

$ 574.60 would be payable to Council should the application be approved.

 

Other Staff Comments

 

See Section 8.1 of this report.

 

Public Consultation


See Section 7.7 of this report.

 

Conclusion

 

The application has been assessed in accordance with the provisions of the EP&A Act 1979 with all matters specified under Section 79C (1) Clauses (a) to (e) having been taken into consideration.

 

The proposal is acceptable and is recommended for conditional approval.

 

 

ATTACHMENTS

Attachment 1View

Plans of Proposal

5 Pages

 

Attachment 2View

Locality Map

1 Page

 

Attachment 3View

Heritage Advice

1 Page

 

 

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2011.36.1 for alterations and additions to an existing dwelling house on Lot 4 in DP: : 222870 , known as 97 Frederick Street, Ashfield , subject to the following conditions:

 

 

CONDITIONS

 

A         General Conditions

 

(1)       Approved plans stamped by Council

 

The development must be carried out only in accordance with the plans and specifications set out on drawing numbers 1, 2, 3 and 4 and date stamped by Council 08 February 2011 and any supporting documentation received with the application, except as amended by the conditions specified hereunder.

 

 

B         Design Changes

 

The existing window on level one serving bedroom 3 on north elevation shall be shown on the revised plans with the submission of the Construction Certificate.

 

C         Conditions that must be satisfied prior to issuing/releasing a Construction Certificate

 

(1)       Construction and Site Management Plan

 

Prior to the issue of a Construction Certificate the applicant shall submit to Council or the accredited certifier a construction and site management plan that clearly sets out the following:

 

(a)        what actions and works are proposed to ensure safe access to and from the site and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like,

 

(b)        the proposed method of loading and unloading excavation machines, building materials, formwork and the erection of any part of the structure within the site,

 

(c)        the proposed areas within the site to be used for the storage of excavated material, construction materials and waste and recycling containers during the construction period,

 

(d)        how it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways,

 

(e)        the proposed method of support to any excavation adjacent to adjoining properties, or the road reserve.  The proposed method of support is to be designed by a chartered Civil Engineer or an accredited certifier.

 

Where it is proposed to:

·     pump concrete from within a public road reserve or laneway, or

·     stand a mobile crane within the public road reserve or laneway, or

·     use part of Council’s road/footpath area,

·     pump stormwater from the site to Council’s stormwater drains, or

·     store waste and recycling containers, skip, bins, and/or building materials on part of Council’s footpath or roadway,

 

An Activity Application for a construction zone, a pumping permit, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee shall be submitted to Council and approval obtained before a Construction Certificate is issued.

 

Note: A separate application to Council must be made for the enclosure of a public place (hoarding).

 

(2)        Erosion & sedimentation control-management plan

 

Prior to issue of a construction certificate the applicant shall prepare an erosion and sedimentation control plan in accordance with Part 4 of the guidelines titled “Pollution Control Manual for Urban Stormwater”, as recommended by the Environmental Protection Authority.

 

Any stormwater runoff collected from the site must be treated in accordance with the Guidelines, before discharge off the site to comply with the Protection of the Environment Operations Act 1997 or other subsequent Acts.

 

Where sedimentation control basins are provided discharge shall be to the requirements of the Environment Protection Authority.

 

Applicants are further advised to refer to the following publications for additional information:

 

(a)        “Sedimentation and Erosion Control” - Department of Conservation and Land Management.

 

(b)        “Soil and Water Management for Urban Development” - Department of Housing.

 

The plan must be submitted with the application for a construction certificate.

 

Further information may be obtained from:

 

Environment Protection Officer

Environment Protection Authority

Inner Sydney Region

Locked Bag 1502

BANKSTOWN  NSW  2200

 

(3)        Damage deposit/footpath, road, kerb and gutter

 

A Damage Deposit of $3000 is to be submitted prior to the release of the Construction Certificate covering repair and/or replacement of adjoining footpath, road shoulder, road pavement, kerbing and guttering both outside the subject site and the surrounding area. This is to be paid to Council and may be refunded subject to satisfactory completion of construction or demolition.

 

This Damage Deposit covers unforeseen damage to the above property by construction vehicles, skip bins, construction methods etc.  Note:  Should repair works or maintenance be required on Council land, a Road Opening Permit must be obtained before those works take place.

 

Bank Guarantees are accepted in lieu of any Council security deposit/bond subject to the following:

w A charge equal to the value multiplied by the current “overdue rates interest charge” be levied, per month or part thereof, with a minimum charge of three months is to be paid upon lodgement.

w Any remaining charge is to be calculated at the prevailing "overdue rates interest rate" for each month or part thereof beyond the original three months that the Bank Guarantee was held, and paid prior to its release.

w Any costs incurred in the acceptance, administration or release of such Bank Guarantees be on-charged to the entity claiming the release of such Bank Guarantee, and that these amounts be paid prior to its release.

w At the time of lodgement, Council will seek verification of the Bank Guarantee.  Please provide contact details for the branch (phone number and officer) to assist with verification of the bona fides of the Bank Guarantee.

 

Until all items above are completed, no documents or usage sought from Council by the party lodging the Bank Guarantee can be issued.  Please allow a minimum of 2 business days for this process.

 

(4)        Section 94A Contribution

 

Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979 and Ashfield Council's Section 94A Development Contributions Plan 2009 a contribution of

$ 574.60 shall be paid to Ashfield Council.

 

The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of Ashfield Council's Section 94A Development Contributions Plan 2009.

 

The contribution is to be paid prior to the issue of the construction certificate and copies of receipts(s) confirming that the contribution has been fully paid are to be provided to the Principal Certifying Authority (PCA).

 

(5)        Long service levy

 

Compliance with Section 109F of the Environmental Planning and Assessment Act 1979 – payment of the long service levy under Section 34 of the Building and Construction Industry Long Service Payments Acts 1986 – is required. All building works in excess of $25,000.00 are subject to the payment of a Long Service Levy fee. A copy of the receipt for the payment of the Long Service Levy shall be provided to the Principal Certifying Authority (PCA) prior to the issue of a Construction Certificate.  Payments can be made at Long Service Payments Corporation offices or most Councils.

 

(6)       Home Building Act 1989 Insurance

 

Compliance with Part 6 of Home Building Act 1989 is required. A copy of either the Builder’s Indemnity Insurance OR a copy of the Owner-Builder’s Permit shall be submitted to Council.

 

(7)        Plantation or recycled timbers

 

To minimise the damage to the environment, no rainforest timbers or timbers cut from old growth forests are to be used in the construction of buildings.

The Construction Certificate is to specify the timbers to be used.  These are to be limited to plantation timbers grown on Australian farms, or State Forest Plantations, or recycled timbers.

(8)       Footpath/laneway – photographs to be submitted

 

Prior to the release of the Construction Certificate, the applicant shall lodge with Council photographs of the roadway, footpath and/or laneway at the property indicating the state of the relevant pavements. At the completion of construction, again at the expense of the applicant, a new set of photographs is to be taken to determine the extent, if any, of any damage which has occurred to the relevant pavements. If any damage has occurred, the applicant shall meet the full cost to repair or reconstruct these damaged areas to Council’s relevant standard.

D         Conditions that must be complied with before work commences

 

(1)       Notice of Commencement – Notification of Works

 

Work must not commence until the Principal Certifying Authority or the person having the benefit of the development consent has given Notification in Writing to Council no later than two days before the building work commences.

(2)       Requirement for a Construction Certificate

 

In accordance with the provisions of Section 81A of the Environmental Planning and Assessment Act 1979 the erection of a building and/or construction works must not commence until:

 

(a)        detailed plans and specifications of the building have been endorsed with a Construction Certificate by:

 

         (i)      Council; or

         (ii)      an accredited certifier; and

 

(b)        a principal certifying authority (PCA) has been appointed and the Council has been notified in writing of the appointment, and

 

(c)        at least two days notice, in writing, has been given to Council of the intention to commence work.

The documentation required under this condition shall show that the proposal complies with all development consent conditions and the Building Code of Australia.

 

Note:  If the principal certifying authority is the Council, the appointment will be subject to the payment of a fee for the service to cover the cost of undertaking building work and / or civil engineering inspections.

 

WARNING:  Failure to obtain a Construction Certificate prior to the commencement of any building work is a serious breach of Section 81A(2) of the Environmental Planning & Assessment Act 1979.  It is a criminal offence that attracts substantial penalties and may also result in action in the Land and Environment Court and orders for demolition.

(3)       Inspections required by Principal Certifying Authority

Inspections shall be carried out at different stages of construction by Council or an accredited certifier.  If Council is selected as the Principal Certifying Authority (PCA) the inspection fees must be paid for in advance which will be calculated at the rate applicable at the time of payment.

 

 (4)       Sanitary facilities - demolition/construction sites

 

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

 

The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced.

 

(5)        Site Controls

 

Sediment and erosion controls must be in place before work is commenced on the site.  The control strategies must be consistent with the technical requirements set out in the Sydney Coastal Councils’ Stormwater Pollution Control Code for Local Government.

 

Material from the site is not to be tracked onto the road by vehicles entering or leaving the site.  At the end of each working day any dust/dirt or other sediment shall be swept off the road and contained on the site and not washed down any stormwater pit or gutter.

 

A sediment and erosion control plan must be prepared and identify appropriate measures for bunding and siltation fencing.  Any such erosion and sedimentation controls shall also include the protection of stormwater inlets or gutter systems within the immediate vicinity of the site.

 

The sediment and erosion control measures are to be inspected daily and defects or system failures are to be repaired as soon as they are detected.

 

(6)       Building location - check survey certificate

To ensure that the location of the building satisfies the provision of the approval, a check survey certificate shall be submitted to the Principal Certifying Authority either prior to the pouring of the ground floor slab or at dampcourse level, whichever is applicable or occurs first, indicating the: -

 

            (i)    location of the building with respect to the boundaries of the site;

 

(ii)   level of the floor in relation to the levels on the site (all levels are to be shown relative to

       Australian Height Datum);

 

            (iii)   site coverage of the buildings on the site.

 

(7)       Protection of public places - erection or demolition of building

 

·     If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or involves the enclosure of a public place; a hoarding or fence must be erected between the work site and the public place.

 

·     If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

 

·     The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

 

·     Any such hoarding, fence or awning is to be erected prior to works commencing and only with Council approval in accordance with Workcover requirements. The temporary structures are to be removed when the work has been completed.

(8)     Asbestos sheeting removal - EPA/Workcover Authority

 

Asbestos removal is to be carried prior to principal works commencing in accordance with Environmental Protection Authority and Workcover Authority requirements.  Proper procedures shall be employed in the handling and removal of asbestos and products containing asbestos so as to minimise the risk to personnel and the escape of asbestos particles in the atmosphere.  Work is only to be carried out with the prior consent of the Work Cover Authority.

 

Note: There are substantial penalties for non-compliance with the above requirements.

 

(9)       Sydney Water approval

 

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site: www.sydneywater.com.au, see Your Business then Building & Developing then Building & Renovating or telephone Sydney Water 13 20 92.

 

(10)     Structural engineer’s details

 

To ensure compliance with the provision of Section B of the Building Code of Australia structural engineer’s details of all structural elements shall be submitted to the Principal Certifying Authority prior to commencement of work, including:

 

           (i)    pier and beam footings;

           (ii)   reinforced concrete slabs;

           (iii)   stairs, including patio steps;

           (iv)  retaining walls

           (v)   all structural timber including floors, walls and roof; and

           (vi)  all structural steel.

 

(11)     Structural Engineering Details

 

Structural engineer’s details prepared and certified by a practising structural engineer for all reinforced concrete and structural members is to be submitted to the Principal Certifying Authority for approval.

 

E          Conditions that must be complied with during construction or demolition

 

(1)       Plans to be available on site

The Council stamped approved plans, Development Consent and Construction Certificate shall be held on site to be produced unobliterated to Council’s officer at any time when required.

 

(2)        Locate structures within boundaries

 

The proposed structure(s) to be erected must stand wholly within the boundaries of the allotment.

 

(3)       Building materials - storage/placement on footpath/roadway  - Council approval

All building materials shall be stored wholly within the property boundaries and shall not be placed on the footpath, grass verge or roadway without prior written approval of Council.

 

Bulk refuse bins shall not be placed on the grass verge, footpath or roadway without Council permission.  Application forms and details of applicable fees are available from Council’s Customer Service, telephone 9716 1800.

 

(4)       Signs to be erected on building and demolition sites

 

(1)        A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

 

          (a)     stating that unauthorised entry to the work site is prohibited; and

 

(b)        showing the name and address of the contractor for the building work and the person in charge of the work site and a telephone number at which the person may be contacted outside working hours; and

 

(c)        showing the name, address and telephone number of the Principal Certifying Authority appointed for the building works.

         

(2)     Any-sign shall be maintained and not removed until work has been finished.

 

(5)     Demolition/excavation/construction - hours of work

 

Demolition, excavation and construction work, including loading and unloading of materials and machinery, shall be restricted to between the hours of 7.00 am to 6.00 pm, Monday to Friday and from 7:00 am to 1.00 pm on Saturday.  Work is prohibited on Sundays, and on public holidays.

 

(6)       Demolition requirements/standards

 

Demolition is to be carried out in accordance with the following:

 

(a)        Australian Standard 2601 and any requirements of the Workcover Authority.

 

(b)        The Waste Management Plan submitted with the Development Application.

 

(c)       The property is to be secured to prohibit unauthorised entry.

 

(d)        All precautions are to be exercised in the handling, removal and disposal of all asbestos materials.  Licensed contractors and the disposal of asbestos is to be carried out in accordance with the requirements of the Work Cover Authority.

 

(e)        All other materials and debris is to be removed from the site and disposed of to approved outlets.

 

(f)         Any demolition on the site is to be conducted in strict accordance with, but not limited to, sections 1.5, 1.6, 1.7, 3.1 and 3.9 of the AS 2601 - 1991, demolition of structures. The following measures must be undertaken for hazardous dust control:

 

(g)        Prior to demolition, the applicant shall submit a Work Plan prepared in accordance with AS 2601 by a person with suitable expertise and experience to the Principal Certifying Authority.  The Work Plan shall identify any hazardous materials, the method of demolition, the precautions to be employed to minimise any dust nuisance and the disposal methods for hazardous materials.

 

(h)        Hazardous dust must not be allowed to escape from the site or contaminate the immediate environment.  The use of fine mesh dust proof screens, wet-lead safe work practices, or other measures is required.

 

(i)         All contractors and employees directly involved in the removal of hazardous dusts and substances shall wear protective equipment conforming to AS 1716 Respiratory Protective Devices and shall adopt work practices in accordance with WorkSafe Requirements (in particular the WorkSafe standard for the Control of Inorganic Lead At Work (NOHSC: 1012, 1994) and AS 2641, 1998).

 

(j)         Any existing accumulations of dust (e.g.; ceiling voids and wall cavities must be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter and disposed of appropriately.

 

(k)        All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Unclean water from the suppressant spray is not be allowed to enter the street gutter and stormwater systems.

 

(l)         Demolition is not to be performed during high winds that may cause dust to spread beyond the site boundaries without adequate containment.

 

(m)      All lead contaminated material is to be disposed of in accordance with the NSW Environment Protection Authorities requirements.

 

(n)        Construction and demolition waste, particularly timber, bricks and tiles, concrete and other materials need not be disposed of- they can be recycled and resold if segregated properly from any hazardous waste contamination.

 

(7)       Materials and colour schemes

 

Materials of construction are to be as specified in the schedule of finishes submitted with the development application and on the approved plans, except where amended by the conditions hereunder.

 

(8)       Finished ground levels at property boundary

 

Finished ground surface levels shall match existing levels at the property boundary.

 

(9)       Road opening permit – Council controlled lands

 

A road opening permit shall be obtained for all works carried out in public or Council controlled lands. Contact Council’s Engineering Services for details.

 

This road opening permit covers the direct costs involved in the repair/replacement of works where the public or Council controlled lands are specifically damaged/saw cut etc for the construction of services, stormwater pipes, kerb works, bitumen works, footpath works etc.  It is separate from a Damage Deposit as listed elsewhere in these Conditions of Consent.

 

(10)     Roof guttering and drainage system/disposal of stormwater

The roof shall be provided with a complete guttering and drainage system.  Roofwater shall be disposed of by approved drainage lines discharging into the street gutter.

 

(11)     Termite treatment

Treatment for the protection of the building from subterranean termites shall be carried out in accordance with AS 3660.1:2000 ‘Protection of Buildings from Subterranean Termites’.

 

On completion of the installation of the barrier the Principal Certifying Authority shall be furnished with a certificate from the person responsible, stating that the barrier complies with AS 3660.1.

 

A durable notice shall be permanently fixed to the building in a prominent location, such as the meter box or the like indicating:

 

            -      the method of protection;

            -      the date of installation;

-           where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label; and

            -      the need to maintain and inspect the system on a regular basis.

 

Due to the present limited effective life of soil chemical treatments, Council does not permit hand spraying as a stand alone method of termite protection.  It is recommended that any soil chemical treatment should embrace a reticulation system.

 

(12)     Timber framing - compliance with Australian Standards

 

All timber used in the construction of a building shall comply with the requirements of AS 1684 - 1999 Residential Timber Framed Construction.

 

(13)     Waterproofing materials/installation – BCA/Australian Standards

Approved products that are impervious to water shall only be used as a substrate or as a lining and as a finish to floors and walls of wet areas (i.e. bathroom/shower room, WC compartment and laundry). Floors and cubicles shall be properly graded and drained to approved outlets.

 

The wet areas in the building shall be impervious to water as required by Part 3.8.1 of the Building Code of Australia (BCA). The junction between the floor and wall and the construction of the bath shower recess, basin, sink or the like shall be in accordance with the BCA & AS 3740:2004 ‘Waterproofing of wet areas within residential buildings’.

 

On completion of the waterproofing of the wet areas, the Principal Certifying Authority shall be furnished with a certificate from the person responsible.  This is to state that the materials are suitable for the situation and that the application and/or installation has been carried out in accordance with the manufacturer’s instructions, the BCA and AS 3740.

 

(14)     Safety Glazing - BCA

Safety glazing complying with B1 of the Building Code of Australia (BCA) is to be used in every glazed door or panel that is capable of being mistaken for a doorway or unimpeded path of travel.  The glazing must comply with AS 1288:2006 ‘Glass in Buildings – Selection and Installation’.

 

Framed panels or doors enclosing or partially enclosing a shower or bath shall be glazed with "A" or "B" grade safety glazing material in accordance with AS 1288 and Part 3.6.4 of the BCA.

 

(15)            Separating walls - fire resistance - BCA

 

A.         The separating wall in connection with Class 1/10a buildings shall have a FRL of not less than 60/60/60, and

 

(i)         if the building has a non-combustible roof cladding, extend to the underside of the roof cladding;

 

(ii)        if the building has a combustible roof cladding, extend to not less than 450mm above the roof cladding.

 

B.         Where a wall complying with A. above is of lightweight construction, it must comply with Specification C1.8 of the Building Code of Australia.

 

(16)             Fire Detection/Alarm System installation and certification

Smoke alarms must be installed in dwellings in accordance with Clause 3.7.2.3 of the Building Code of Australia (BCA) and AS 3786 on or near the ceiling in -

            (a)     any storey containing bedrooms -

 

                     -        between each area containing bedrooms and the remainder of the dwelling, including any hallway associated with the bedrooms

 

            (b)     any storey not containing bedrooms.

Smoke alarms must be connected to the consumer mains power and have a stand-by power supply.

 

The licensed Electrical Contractor shall on completion of the installation of the smoke alarm system, submit to the Principal Certifying Authority a certificate certifying compliance with AS 3000 and AS 3786:1993.

 

(17)   BASIX Requirements

 

The new works shall be constructed in accordance with, and comply with the undertakings given on the BASIX (Building Sustainability Index) Certificate as obtained on 12 November 2010 from the Department of Infrastructure, Planning and Natural Resources.  For more information visit www.basix.nsw.gov.au .

 

F          Conditions that must be complied with prior to installation of services

 

Nil

 

G         Conditions that must be complied with before the building is occupied

 

(1)       Approval to use/occupy building

 

The building or any part thereof must not be used or occupied until an Occupation Certificate has been obtained from the Principal Certifying Authority.

 

Note: If Council is chosen as the Principal Certifying Authority a fee is applicable prior to the release of the Construction Certificate.

 

H         Conditions that are ongoing requirements of development consents

Nil

 

I           Advisory Notes

 

(1)       Modifications to your consent - prior approval required

 

Works or activities other than those authorised by the approval including changes to building configuration or use will require the submission and approval of an application to modify the consent under Section 96 of the Environmental Planning & Assessment Act 1979. You are advised to contact Council immediately if you wish to alter your approved plans or if you cannot comply with other requirements of your consent to confirm whether a Section 96 modification is required.

 

Warning:  There are substantial penalties prescribed under the Environmental Planning and Assessment Act 1979 for breaches involving unauthorised works or activities.

 

 

COMPLIANCE TABLE - ASHFIELD LOCAL ENVIRONMENTAL PLAN 1985

 

CLAUSE 2

Aims, objectives etc.

This plan aims to:

(a) promote the orderly and economic development of the local government area of Ashfield in a manner consistent with the need to protect the environment; and

(b) retain and enhance the identity of the Ashfield area derived from its role as an early residential suburb with local service industries and retail centres; and containing the first garden suburb of Haberfield (now listed as part of the National Estate).

Complies.  It is considered that the carrying out of the proposed development will meet the aims and objectives of Ashfield LEP 1985.

 

 

CLAUSE 10

Zoning

Complies.  The property is zoned 2(a) Residential and the proposal is permissible with Council consent.

CLAUSE 10A

Development consent required for change of building use and subdivision

Not applicable.

CLAUSE 11

Dwelling houses – residential allotment size

(1) Except as provided by subclause (2), the council shall not consent to development for the purposes of a dwelling-house on an allotment of land within Zone No. 2(a), 2(b) or 2(c) unless-

(a) where the allotment is hatchet shaped – it has an area of not less than 700 square metres; or

(b) in any other case –

(i) the allotment has an area of not less than 500 square metres; and

(ii) the allotment is not less than 15 metres wide at the front alignment of the proposed dwelling house.

(2) The council may not consent to the erection of a dwelling-house on an allotment of land which does not comply with subclause (1) where the allotment was in existence as a separate allotment on the appointed day.

(3) For the purposes of subclause 1(a), in calculating the area of a hatchet-shaped allotment, the area of any access corridor shall be disregarded.

The allotment was in existence on the appointed day.

 

 

CLAUSE 12:

Number of floors in dwelling-houses

(1) In this clause, “floor” means any separate level within a building but does not include a level used exclusively for car parking.

(2) A person shall not erect a dwelling house which contains more than –

(a) in the case of land within Zone No. 2(a) or 2(b) – 2 floors; or

(b) in the case of land within Zone 2(c) – 3 floors, except with the consent of the council.

Complies.   

No. of floors = two storeys

 

 

CLAUSE 13

Dwelling houses – dual occupancy

Not applicable

CLAUSE 17

Floor space ratios

(1) In this clause “building” does not include a building used exclusively as a dwelling- house or residential flat building, but includes a building or buildings comprising 2 dwellings only on the same allotment.

(2) A person shall not, upon an allotment of land within a zone specified in Column I of the Table to this clause, erect a building with a floor space ratio that exceeds the ratio set out opposite the zone in Column II of that Table.

Not applicable.

CLAUSE 17A

Height of residential flat buildings

(1) This clause applies to land within Zone No. 2(b) or 2(c).

(2) In this clause –

“height” in relation to a building, means the greatest vertical distance (expressed I  metres) between any level of the natural surface of the site area on which the building is, or is to be, erected and the ceiling of the topmost habitable floor of the building;

“natural surface”, in relation to a site area, means the level determined by the council to be the natural surface of the site area.

(3) The maximum height to which a residential flat building may be erected on land to which this clause applies shall be-

(a) in the case of a building within Zone No. 2(b) – 6 metres; and

(b) in the case of a building within Zone No. 2(c) – 9 metres.

(4) This clause does not apply to land within Zone No. 2(c) shown edged heavy black and lettered “2(c)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No. 79)”.

Not applicable.

CLAUSE 17B

Development of Ashfield Business Centre - Zone No. 3(a) floor space ratio

(1) This clause applies to land within Zone No 3(a) that is shown edged with an unbroken (or, if fronting Elizabeth Avenue, a broken) heavy black line on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)”.

(2) The Council must not grant consent for buildings on land to which this clause applies if the floor space ratio of the building would exceed the base floor space ratio shown for the land on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)”, except as provided by subclause (3).

(3) The Council may consent to a building on a site of land to which this clause applies which is also land shown edged with a broken or unbroken heavy black line on Sheet 3 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)” that will result in the gross floor area of the buildings on the site being greater than that allowed by that base floor space ratio by no more than an amount equivalent to the site area, subject to subclause (4).

(4) The Council may grant consent pursuant to subclause (3) only if it is satisfied that the additional floor area will be developed as referred to on Sheet 3 of that map in relation to the land concerned and only if the Council is satisfied that the additional development will not result in an adverse impact on any of the following:

(a) the scale and character of the streetscape,

(b) the amenity of any existing or potential residential units on neighbouring land,

sunlight access to surrounding streets, open space and nearby properties,

(d) wind flow pattern to surrounding streets, open space and nearby properties.

Not applicable

CLAUSE 18

Development for the purpose of advertisements

Not applicable.

CLAUSE 20

Clubs

Not applicable.

CLAUSE 21

Motor showrooms

Not applicable.

CLAUSE 22

Industrial uses 4(b)

Not applicable.

CLAUSE 23

Setbacks 4(b)

Not applicable.

CLAUSE 24

Parking in Zone 4(b)

Not applicable.

CLAUSE 25

Development of land within Zone No. 6(a)

Not applicable.

CLAUSE 27

Acquisition of land

Not applicable.

CLAUSE 28

Suspension of certain laws

Noted.

CLAUSE 29

Provision for public amenities and services

The demand for public amenities and public services is not likely to increase as a result of this proposal.

 

 

CLAUSE 29A

Classification and reclassification of public land as operational

Not applicable.

CLAUSE 30

Heritage provisions – aims

The aims of this Part are:

(a) to retain the identity of Ashfield by conserving its environmental heritage, which includes the first garden suburb of Haberfield now listed as part of the National Estate; and

(b) to integrate heritage conservation into the planning and development control processes; and

(c) to provide for public involvement in the conservation of Ashfield’s environmental heritage; and

(d) to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings as well as landscapes and streetscapes and the distinctive character that they impart to the land to which this plan applies.

It is considered that the carrying out of the proposed development will meet the aims of the heritage provisions of Ashfield LEP 1985.

 

.

CLAUSE 32

Protection of heritage items, heritage conservation areas and relics

 

 

 

 

1.

Requirement for development consent

Complies.  The proposal requires development consent and this has been sought in the appropriate manner.

2.

Development consent not required

Not applicable.

3.

Assessment of impact on heritage significance

Complies. It is considered that the carrying out of the proposed development will not have an adverse impact upon the heritage significance of the  heritage item.

 

 

4.

Requirement for conservation plan or heritage impact statement

Complies.  A heritage impact report has not been submitted however, Council’s heritage adviser raised no concerns in relation to the development.

 

5.

Assessment criteria for development of land within heritage conservation areas.

Complies.  These matters have been considered in the assessment of the application and are further discussed in Part 8.1 of this report.

CLAUSE 34

Notice to Heritage Council

Not applicable.

 

 

CLAUSE 35

Haberfield Heritage Conservation Area

 

(1) The Council must not grant a consent required by clause 32 for land within the Haberfield Heritage Conservation Area unless:

(a) where the application proposes to add accommodation to a dwelling, the Council is satisfied that, in addition to the other requirements of this Part, such accommodation will be:

(i) if in a level above the main floor, contained wholly within the existing roof form of the dwelling; and

(ii) if arranged as an attic room within part of an extension to an existing dwelling, contained wholly within the roof form of the extension, and

Not applicable.

(1) The Council must not grant a consent required by clause 32 for land within the Haberfield Heritage Conservation Area unless:

(b) where it is proposed to use the natural slope of the land to add habitable accommodation in a level below that of an existing house, the Council us satisfied that such basement accommodation:

(i) does not require major excavation of the site to achieve the accommodation or access; and

(ii) does not change the setting of the existing house; and

(iii) does not have doors and windows visible from a public place, whether or not alternative means are used to screen the accommodation; and

Not applicable.

(1) The Council must not grant a consent required by clause 32 for land within the Haberfield Heritage Conservation Area unless:

(c) the Council is satisfied that in all respects the existing house retains the appearance of a single storey dwelling when seen from any public place; and

Not applicable.

(1) The Council must not grant a consent required by clause 32 for land within the Haberfield Heritage Conservation Area unless:

(d) where the application applies to a shop or a commercial building, the Council is satisfied that such development:

(i) is sympathetic to, and does not detract from, the form and character of the building and its setting; and

(ii) retains the original features of facade, including all details above and below the awning level; and

Not applicable.

(1) The Council must not grant a consent required by clause 32 for land within the Haberfield Heritage Conservation Area unless:

(e) the Council has made an assessment of whether the building or work constitutes a danger to its users or occupiers, or to the public.

Not applicable.

(2) The Council shall not grant consent to the alteration, extension or erection of a dwelling-house within the Haberfield Heritage Conservation Area where:

(a) the floor space ratio exceeds 0.5:1; or

Not applicable.

(2) The Council shall not grant consent to the alteration, extension or erection of a dwelling-house within the Haberfield Heritage Conservation Area where:

(b) the landscaped area of the site of the dwelling house is less than 50% of the total area of the allotment on which it is situated; or

Not applicable.

(2) The Council shall not grant consent to the alteration, extension or erection of a dwelling-house within the Haberfield Heritage Conservation Area where:

(c) the landscaped areas located at the front, side and rear of the house are not compatible with the character of the garden setting of the site and of other properties within its vicinity; or

Not applicable.

(2) The Council shall not grant consent to the alteration, extension or erection of a dwelling-house within the Haberfield Heritage Conservation Area where:

(d) the dwelling house is not visually compatible in height to other houses; or

Not applicable.

(2) The Council shall not grant consent to the alteration, extension or erection of a dwelling-house within the Haberfield Heritage Conservation Area where:

(e) the development proposed would create a new room partly above a room in the dwelling house that existed when this paragraph commenced, unless:

(i) the development consists of no more than two habitable rooms; and

(ii) the development is contained within the existing roof form and the existing eaves line is retained; and

(iii) in the case of alterations and additions, the construction of any attic room is contained within the roof form of the addition which in all respects complies with the aims and objectives of this Part; and

(iv) all requirements for health, daylight and ventilation for any attic room involved can be provided by in-plane roof lights facing the rear of the property; and

(v) all requirements for health, daylight and ventilation do not entail the use of more than one in-plane roof light per roof face; or

Not applicable.

(2) The Council shall not grant consent to the alteration, extension or erection of a dwelling-house within the Haberfield Heritage Conservation Area where:

(f) the application includes dormer or gablet windows.

Not applicable.


CLAUSE 36

Development of known or potential archaeological sites

Not applicable.

 

 


CLAUSE 37

Development in vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites

Complies.  It is considered that the carrying out of the proposal will have no adverse impact upon the heritage significance of any heritage items, conservation areas, archaeological sites in its vicinity.

 

 

CLAUSE 37A

Conservation incentives

Not applicable.

 

CLAUSE 38

Development of land known as 476 Parramatta Road Ashfield

Not applicable.

.

CLAUSE 38A

Multiple dwellings on certain land

Not applicable.

 

CLAUSE 38B

Development of land known as Lot 1 (adjacent to Brown Street and Markham Avenue Ashfield

Not applicable.

 

CLAUSE 39

Development of land known as 4 Parramatta Road, Summer Hill and 47 Dover Street, Summer Hill

Not applicable.  This clause has been superseded by LEP amendment no. 76 that rezones the properties to General Business 3(a).

CLAUSE 39A

Temporary car park–Liverpool Road and Elizabeth Avenue, Ashfield

Not applicable.

 

CLAUSE 39B

Mixed development in commercial zones – generally

Not applicable.

 


CLAUSE 40

Mixed development on certain land – floor space concessions

Not applicable.

 

CLAUSE 41

Development of land known as No. 91A Smith Street, Summer Hill

Not applicable.

 

CLAUSE 42

Development of land adjacent to Liverpool Road and railway line, Ashfield

Not applicable.

 

CLAUSE 43

Development of community centre at Smith Street, Summer Hill

Not applicable.

 

CLAUSE 44

Development of land known as No. 60 Dalhousie Street, Haberfield (Haberfield Post Office)

Not applicable.

 

CLAUSE 45

Development of land adjacent to Liverpool Road and railway line, Ashfield

Not applicable.

 

CLAUSE 48

Development of land known as the Ashfield Public School Playing Fields Site, 3 Orchard Crescent and 209 Liverpool Road, Ashfield

Not applicable.

 

CLAUSE 49

Development of land known as 191 Ramsay Street, Haberfield

 

Not applicable.

 

CLAUSE 51

Development of land known as 93 Milton Street, Ashfield

Not applicable.

.

CLAUSE 52

Development of land known as 412–416 Liverpool Road, Croydon

 

Not applicable.

 

CLAUSE 53

Development of land known as 3 Carlton Crescent, Summer Hill

 

Not applicable.

 

CLAUSE 54

Development at 11–13 Hercules Street, Ashfield

Not applicable.

 

CLAUSE 55

Development of certain land at Milton Street and Park Avenue, Ashfield

Not applicable.

 

CLAUSE 56

Development of certain land at Queen Street, Ashfield

Not applicable.

 

CLAUSE 57

Development of certain land known as 55–75 Smith Street, Summer Hill

Not applicable.

 

MODEL PROVISIONS

 

8 – Preservation of trees

No trees affected by council TPO is proposed to be removed.


Attachment 1

 

Plans of Proposal

 


Attachment 2

 

Locality Map

 


Attachment 3

 

Heritage Advice

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 22 March 2011

CM10.3

Subject                            DEVELOPMENT APPLICATION: 10.2009.31.3
283-285 LIVERPOOL ROAD, ASHFIELD

 

File Ref                            10.2009.031

 

Prepared by                   Daisy Younan - Development Assessment Officer       

 

 

Reasons                          Matter requires Council determination

 

Objective                         For Council to determine the application

 

 


1.0    Description of Proposal

 

An application pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979, as amended, seeks Council’s approval to modify development consent10.2009.31.2 in the following manner:

 

¡ Modify the use of the first floor of the building from “a place of assembly (social gatherings and presentation room) during the day and a karaoke lounge in the evening and at night” to “use of the first floor for the purpose of a karaoke lounge during day and night in accordance with the approved hours”.

 

¡ Modifying condition H(7) to permit the sale of alcohol subject to the attainment of a liquor license.

 

¡ Modifying condition H(3) of consent to extend operating hours so that it is Changed from:

 

Sunday – Thursday       10am – 1am

Friday & Saturday         10am – 4am

 

      to:

 

Monday – Thursday      10am – 1am

Friday – Sunday            10am – 4am

 

2.0       Summary Recommendation

 

The proposed changes are generally supported with the exception of the proposed extended trading hours for Sunday.

 

Additional conditions have been included in relation to amending the Plan of Management to be consistent with the approved application, recommendations from Ashfield Police, disposal of waste glass and the approved use (refer to recommendation).

 

3.0    Application Details

 

Applicant                               :         New Face Entertainment Pty Ltd

Address                                 :         Unit 9/101 Bridge Road BELMORE  NSW  2192

Owner                                    :         Bade Pty Ltd

Lot/DP                                   :         LOT: B DP: 190714

Date lodged                          :         27/01/2011

Date of last amendment      :         N/A

Application Type                            :         Local

Construction Certificate       :         No

 

4.0    Site and Surrounding Development

 

The subject land is located on the northern side of Liverpool Road, bounded by Fox's Lane to the east and Chessel Lane to the west.  The site area is approximately 467.9 square metres.  An existing three storey commercial building is located on the site.

The first floor is currently unoccupied. Surrounding development is predominantly commercial and retail uses with the exception of a 2 storey residential flat building which is located to the rear of the site at 5-6 The Esplanade. Ashfield Station is approximately 150metres from the site.

 

5.0    Development History

 

The use of the first floor of the building situated at 283-285 Liverpool Rd as a social gathering room in the day and a karaoke lounge at night has been the subject of several development applications since 2003 and has previously been approved by both Council and the NSW Land and Environment Court (LEC).

 

The use first commenced in 2003 in accordance with development consent 97/2003 which was approved by Council on a12-month trial period to evaluate impacts.

 

The most recent approval granted by the LEC in March 2007 was also subject to a 12 months trial period. That consent lapsed as the use did not commence.

 

On 12 May 2009, Council granted a Deferred Commencement Consent for DA 10.2009. 31.1 for the use of the first floor of the building located at 283-285 Liverpool Road as a place of assembly (social gatherings and presentation room) during the day and a karaoke lounge in the evening and at night with a Deferred Commencement condition requiring the following matters to be satisfied;

 

(A)       That all works as stipulated in Councils Emergency Fire Order No .6 dated 13 January 2005 be satisfactorily completed and certified by a competent practicing Fire Consultant in accordance with the requirements of the Order and an original of the Certification be submitted to Council.

 

(B)       That the air conditioning compressor units located on the front awning of the building facing Liverpool Road be removed in accordance with Councils Order No 2 & 4 dated 11 December 2007.

 

On 11 May 2010, an application under S96 of the Environmental Planning and Assessment Act 1979 was submitted to Council requesting an extension of six months to satisfy the Deferred Commencement Conditions prior to release of Operational Consent. The application was approved on 12 May 2010.

 

On the 30 September 2010 the applicant submitted additional information as per the Deferred Commencement conditions. On 13 October 2010, the Deferred Commencement Consent became operational.

 

 

6.0    Zoning/Permissibility/Heritage

 

The site is zoned 3(a) - General Business under the provisions of Ashfield LEP 1985. The site is not located within a Conservation Area and is not a heritage item. The site is located within the vicinity of two heritage items at 281 Liverpool Road and 7 The Esplanade. The property is located within the Ashfield Town Centre

 

The proposal is permissible with consent.

 

7.0    Section 79c and S.96(1a) Assessment

 

The following is an assessment of the application with regard to the heads of consideration under the provisions of Section 79C and 96(1A) of the Environmental Planning and Assessment Act.

 

S96 (1A) Modification Assessment

 

(1A) Modifications involving minimal environmental impact A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

With the exception of the proposed extended hours of operations on Sunday until 4:00am (the following day), the proposed modifications will have minimal impact on the adjoining uses.

 

Council is satisfied that the proposed modifications, not being the extended hours of operations on Sunday, are of minimal environmental impact and the development, to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified.

 

The application was notified in accordance with Part C12 of Ashfield Development Control Plan 2007 from 02 February 2011 till 22 February 2011. Three submissions were received during the notification of the application.

 

Issues raised in the submissions are as follows:

 

1.          By Breanna Gillies

Safety, noise, traffic and parking and odour due to establishment of a karaoke bar;

 

2.          By Jada Vi

Safety, noise, traffic and parking and odour due to establishment of a karaoke bar;

 

3.          By Sean Nunan

Safety, noise, traffic and parking and odour due to establishment of a karaoke bar;

 

Refer to officer’s comments under clause 7.7.1 of this report.

 

Section 79c Assessment

 

7.1    The provisions of any Environmental Planning Instrument

 

7.1.1 Local Environmental Plans

 

Ashfield Local Environmental Plan 1985 (as amended)

 

The proposal does not alter compliance with the LEP.

 

7.1.2 Regional Environmental Plans

 

The proposal does not alter compliance with Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.

 

7.1.3 State Environmental Planning Policies

 

The proposal does not alter compliance with the relevant SEPPs.

 

7.2       The provisions of any Draft Environmental Planning Instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority.

 

Not applicable.

 

7.3       The provisions of any Development Control Plan.

 

The proposal does not alter compliance with relevant DCPs.

 

7.4       Any matters prescribed by the regulations that apply to the land to which the development application relates.

 

Relevant conditions related to fire safety have been included in the original consent.

 

7.5       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts on the locality.

 

These matters have been considered as part of the assessment of the development application.

 

The proposed extension of operating hours on Sunday till 4am (the following day) will result in an unacceptable impact on neighbour’s amenity due to the proximity of the subject site to the existing residential flat building located at the rear of the subject site. As such, the proposed extension of operating hours on Sunday till 4am (the following day) is not supported. It is recommended that the hours of operation approved by the original consent be retained.

 

7.6       The suitability of the site for the development

 

These matters have been considered as part of the assessment of the development application. There are no natural hazards or other site constraints that are likely to have a significant adverse impact upon the proposed development.

 

7.7       Any submissions made in accordance with this Act or the regulations.

 

The proposal was notified to all adjoining and nearby affected property owners and occupants and Councillors from 02 February 2011 until 22 February 2011.

 

7.7.1          Summary of submissions

 

3 submissions, included at Attachment 5, were received from the following:

 

Breanna Gillies

2/5 The Esplanande, Ashfield

Jada Vi

5 The Esplanade, Ashfield

S Nunan

1/5 The Esplanade, Ashfield

 

Issues raised include:

 

§ establishment of a karaoke bar.

§ safety concerns due to increased violence.

§ noise from amplified music and waste disposal in early hours of the morning.

§ traffic and parking.

§ use of shared driveway at rear of premises/ entry at rear of premises.

§ unacceptable level of odour due to commercial waste.

 

Officer comments:

 

The establishment of a karaoke bar

 

The proposed modifications do not seek approval to establish a new use but modifications to an approved use (a karaoke lounge) so that it can operate as a karaoke lounge both during the day and night.

 

Safety due to increased violence

 

The application was referred to Ashfield Police who advised that a fully operational surveillance (CCTV) system has been installed. This system meets all guidelines as recommended by Crime Prevention Through Environmental Design (CPTED) and will act as a deterrent to anti-social behaviour.

 

Additional comments by Ashfield Police are included as advisory notes in the recommendation. The proposed use should cause minimal impact if it is undertaken in compliance with the conditions of consent. The original consent was granted on a 12 months trial basis and this is recommended to continue with the proposed modified consent.

 

Noise from amplified music and waste disposal in early hours of the morning

 

This matter was considered as part of the assessment of the original application. The proposed extended hours of operation on Sunday till 4:00am (the following day) is not supported as part of this application.

 

A condition is recommended to be included that prohibits the disposal of rubbish/glass between the hours of 10.00pm and 8:00am.

 

Parking and traffic

 

The subject site is located within a walking distance of public transport including the Ashfield railway station. The proposed modifications do not raise any issues in relation to traffic and parking.

 

The use of shared driveway with 5-6 The Esplanade at rear of premises/ Entry at rear of premises

 

A condition included in the original consent prohibits the use of the rear exit except for evacuation purposes. This condition reads as follows:

 

“Rear Exit

 

The rear exit is only to be used in the case of an evacuation. At no stage shall the exit be used for general purpose by staff or patrons. All persons attending the premises are to use the Liverpool Road entrance/exit. Signage is to be displayed in the premises to this effect”.

 

Unacceptable level of odour due to commercial waste

 

This matter was considered during the assessment of the original application and appropriate conditions were included to ensure the proposed use would not result in adverse waste and odour impacts.

Extended operating hours on Sunday till 4:00am the following day

 

The proposed extended hours is not supported and does not form part of the modified/additional conditions of consent.

 

7.8    The public interest

 

Matters of the public interest have been taken into consideration in the assessment of this application. The proposed changes, as recommended, are considered to be acceptable.

 

Referrals

 

Internal referral

 

Council’s Health and Environment Department.

 

The proposed modifications have been reviewed by the Council’s Health and Environment Department. The proposed extended hours on Sunday until 4:00am the following day were not supported. A condition has been included in the amended consent requiring the attainment of a liquor license prior to the issuing of an occupation certificate.

 

External referral

 

NSW Police- Ashfield

 

The application has been referred to Ashfield Police. Whilst no issues have been raised in relation to the proposed modifications further recommendations have been made to reduce external impacts on the locality. These recommendations have been included as a condition of consent (refer to Attachment 4).

 

Building Code Of Australia (BCA)

 

The proposed changes do not alter compliance with the Building Code of Australia.

 

 

Conclusion

 

The application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 as amended with all matters specified under Section 79C (1) Clauses (a) to (e) and Section 96(1A) have been taken into consideration. With the exception of the extended trading hours the proposed changes are acceptable and the application is therefore recommended for approval.

 

 

ATTACHMENTS

Attachment 1View

Locality Map

1 Page

 

Attachment 2View

Plan of Proposal

1 Page

 

Attachment 3View

Plan of Management

9 Pages

 

Attachment 4View

Police Comments

10 Pages

 

Attachment 5View

Submissions

6 Pages

 

 

RECOMMENDATION

 

That Council as the consent authority pursuant to section 80 (1)(a) of the Environmental Planning & Assessment Act 1979 grant consent to development application no. 10.2009.31.3 to modify development consent no. 10.2009.31.2 as follows:

 

 

Delete current description of use:

 

The use of the first floor of the premises as a place of assembly (social gatherings and presentation room) during the day and a karaoke lounge in the evening and at night on Lot B in DP 190714 and known as 283-285 Liverpool Road, Ashfield subject to the following

 

Replace with the following:

 

The use of the first floor for the purpose of a karaoke lounge day and night on Lot B in DP 190714 and known as 283-285 Liverpool Road, Ashfield subject to the following

 

 

1.   Modification of condition A(2)

 

Plan of Management

 

The development must operate in accordance with the Plan of Management Council stamped 27 January 2011. The Plan of Management may be amended to reflect modifications to the consent approved by the Council.

 

2.   Modification of condition H(7) to permit the sale of alcohol is amended to read as follows:

 

Alcoholic/Non-alcoholic beverages

 

Subject to the attainment of a liquor license from the Casino Liquor and Gaming Control Authority, alcohol is permitted to be sold or served at the premises during hours of operation but only following the consumption of a meal.

 

3.   Modification of condition H(3) to extend operating hours on Sunday from 10am - 4am (the following day) is not approved;

 

4.   Condition A4 “Additional Security Measures” is added

 

Additional Security Measures

 

The following additional security measures are to be implemented in accordance with the guidelines specified for each measure:

 

a.  Employment of Security Guards

 

Security guards are to be employed in accordance with the Security Industry Act 1957 No. 157 and the following:

 

¡ A person must be licensed to carry on a security activity. In general this would apply in two ways:

 

1.    Acting as a bodyguard, crowd controller or bouncer.

2.    Patrolling, protecting, watching or guarding any property (including cash in transit);

¡ The holder of a security licence must, at all times while carrying on a security activity, wear on his or her person so as to be clearly visible their security licence.

¡ An exemption to wearing the licence can be granted by the commissioner but if performing the duties above, the licence holder must display at all times a laminated card which includes a recent photograph, the name of the company, and a unique and easily decipherable identifying number.

¡ If a person performing a security activity without displaying their license is identified, details and the circumstances are to be forwarded to licensing/ appropriate authority that will breach the person.

¡ Extra security should be provided at nights where there is extra activity. Security guards should actively patrol through the venue as well as monitor the access/egress doors.

¡ Security personnel are to provide assistance to a person at risk/victim of crime which can be just to determine whether it is more appropriate to contact police rather than handling a situation themselves. It is recommended that female security is also employed to provide assistance to female patrons when required. This includes regular checks of female toilets for intoxication and drug issues.

¡ Security personnel should be employed to monitor activities outside the venue for up to 30 minutes after closing. This will assist in deterring anti-social behaviour by encouraging exited patrons to move on, and it will also provide added surveillance for the business to minimise the changes of armed robberies after close whilst the night’s takings are usually being counted.

 

b.  Staff Training

 

Employees are to be provided with appropriate training in accordance with the following guidelines:

 

¡ Training and information is to be provided on how to deal with customers/ intoxicated customers politely and to identify signs of anger and tension.

¡ Staff are to be informed that their own safety is paramount and that they should not put their own safety at risk in order to protect goods or property.

¡ Staff are to be trained to respond to threatening situations in a non-violent manner and take the appropriate action in the event of a robbery or shoplifting incident.

¡ Staff are to be trained in cash handling procedures, credit checks, raising the alarm and operate security equipment.

¡ Personal protection devices such as personal duress alarms are to be used as an additional safe guard to the measures above to enable staff to activate the alarm manually in the event of an emergency such as a robbery.

¡ ‘Bizsafe’ is a project that exists for all small to medium sized businesses to help identify crime risks and provide recommendations on how to reduce that risk. Seminars are run throughout the state by the project co-coordinators, NSW Police and NRMA Business Insurance. For further information regarding this project, please contact your local Crime Prevention Officer.

 

c.  Intruder Alarm Systems to be installed

 

¡ Intruder Alarm Systems is to be designed and installed to the Australian Standard – Domestic & Commercial Alarm Systems to enhance the physical security of the property.

¡ As a number of premises have had telephone lines cut to prevent alarms being reported to the security monitoring company, a supplementary system such as Global Satellite Mobile (GSM) or Radio Frequency (RF) systems is to be used to transmit alarm signal by either mobile telephone or radio frequency.

¡ Existing intruder alarm systems are to be upgraded.

¡ Consideration is to be given to incorporating duress facility into the system to enable staff to activate the system manually in the event of an emergency.

¡ Duress devices should only be used when it is safe to do so.

¡ LED’s (Lighting Emitting Diodes) within the detectors are to be deactivated, to avoid offenders being able to test the range of the system.

¡ The system is to be tested on a regular basis to ensure that it is operating effectively.

 

d.  Cash handing/Safes procedures established.

 

¡ Cash handling procedures are to be established for maintaining and transporting cash to reduce the opportunities of crime.

¡ Amount of money carried at any time is to be limited to an amount as seen appropriate by business management, ensure that this limit is executed and maintained by staff.

¡ Amount of money carried in the cash drawer is to be limited at any time to $200.00 float.

¡ Cash drawers are to be locked when not in use, cash drawers are to be cleared from money on a regular basis, e.g. to a safe.

¡ A minimum of two staff, or security services are to be employed when transferring money to financial institutions, or a reputable security company is to be used especially when transferring large amounts of money.

¡ Counting cash in public is to be avoided.

¡ Ensure that the safe installed is designed to the Australian Standards and utilised to provide additional security to all valuables, including money and pharmaceutical items.

¡ The safe is to be anchored to the floor or wall or both to prevent easy removal.

¡ The safe is to have a drop-chute facility installed within the safe to enable staff to deposit money without having to open it.

¡ The safe is to be locked at all times when not in use to restrict access.

¡ Consideration is to be given to using time delay facilities to restrict access to the safe. 

¡ The safe should be installed in an area away from public view where access is limited.

 

e.  Key and valuable monitored and controlled by management as per the following guidelines:

 

¡ The control of keys and valuables is to be closely monitored by management.

¡ A key register is to be used to list which staff members have been issued with keys, the type of keys issued and what areas they have access to.

¡ A register is to be used to record which staff members have been issued with valuable items such as laptop computers, mobile phone, etc. These registers are to be detailed and regularly maintained and audited.

¡ In addition, all valuables are to be clearly marked with the business details where possible and the serial numbers and other details are to be recorded and stored in a safe place.

¡ To reduce the likelihood of theft and/or damage, keys and valuables are not to be left unsecured and in plain sight of potential intruders.

 

f.   Telephones

 

¡ Telephones are to be pre-programmed with the security number, emergency number ‘000’ and your local police number, Ashfield Police phone number 97974099, for quick reference by any one using the facility.

¡ Telephone lines or boxes are to be secured to avoid unlawful tampering.

 

g.  General

 

¡ Sensitive materials, including confidential records, are to be appropriately destroyed or secured, e.g. confidential records are to be shredded or disposed of through security destruction services.

¡ Computer and access passwords are to be changed regularly to restrict access and avoid misuse by past and present staff.

¡ An emergency evacuation plan is to be implemented and maintained to assist staff and emergency services in the event of an emergency. This plan is to be prominently displayed.

¡ Staff are to be suitably trained and updated regularly with refresher training in evacuation procedures.

 

h.  Principals/requirements of the Occupational Health & Safety Act 2000 – No. 40 are to be adhered to:

 

Duties of employers extend (without limitation) to the following:

 

¡ An employer must ensure the health, safety and welfare at work of all employees.

¡ An employer must ensure that any premises controlled by the employer where the employees work (and the means of access to or exit from the premises) are safe and without risk to health;

¡ An employer must ensure that any plant or substance provided for use by the employees at work is safe and without risks to health when properly used;

¡ An employer must ensure that systems of work and the working environment of the employees are safe and without risks of health;

¡ An employer must ensure that information, instruction, training and supervision as may be necessary are provided to ensure the employee’s health and safety at work;

¡ An employer must ensure that adequate facilities for the welfare of the employer’s place of work are provided. An employer must ensure that people (other that the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer’s undertaking while they are at the employer’s place of work.

 

5.   Condition A5 (Disposal of waste/glass) is added

 

The disposal of waste/glass between the hours of 10.00pm and 8:00am is prohibited.

 

6.   Condition A6 (Approved Use) is amended

 

Approved use

The first floor use shall not be used for any purpose other than that stated in the Development Application without the prior consent of the Council.

 

7.   Advisory notes I 4 ‘Bizsafe’ is added

 

Bizsafe

 

‘Bizsafe’ is a project that exists for all small to medium sized businesses to help identify crime risks and provide recommendations on how to reduce that risk. Seminars are run throughout the state by the project co-coordinators, NSW Police and NRMA Business Insurance. For further information regarding this project, please contact your local Crime Prevention Officer.

 

8.   Advisory notes I 5 “Victim Support” is added

 

Victim Support

 

                   If you or your staff have:

¡ Experienced a situation where violence or the threat of violence has occurred;

¡ Received an injury as a result of violence;

¡ Suffered a loss or adverse effects as a result of experienced violence; or

¡ Experienced domestic violence or sexual assault,

 

       You can contact the Victims of Crime Bureau by telephoning Sydney 02 9384 3000 or Toll Free 1800 633 063. Victims of Crime Bureau staff can provide or put you in contact with services you may require such as:

 

¡ Counselling (telephone or face to face)

¡ Information about other support services

¡ Information about legal processes

¡ Information about applying for victims compensation

¡ The Victims of Crime Bureau’s assistance line operates 24 hours a day, 7 days a week. 

¡ The Bureau in conjunction with Sydney City Mission operates the telephone counselling and referral service.

 

 

 

Phil Sarin

Director Planning and Environment

 

 

 

 


Attachment 1

 

Locality Map

 


Attachment 2

 

Plan of Proposal

 


Attachment 3

 

Plan of Management

 










Attachment 4

 

Police Comments

 











Attachment 5

 

Submissions

 







Attachment 1

 

Plans of the Proposal

 

Subject                            DEVELOPMENT APPLICATION: 10.2011.005.1
668-670 PARRAMATTA ROAD, CROYDON

 

File Ref                            10.2001.005.1

 

Prepared by                   Andrew Johnston - Development Assessment Officer        

 

 

Reasons                          Application requires Council determination

 

Objective                         For Council to determine the application

 

 


Overview of Report

 

1.0    Description of Proposal

 

Pursuant to Clause 78A(1) of the Environmental Planning and Assessment (EP&A) Act 1979 (as amended) this application seeks Council’s consent to change the use of the premises at 668-670 Parramatta Road, Croydon, from a car sales yard to a restaurant.

 

The restaurant is to operate between the hours of 11:00am to 10:00pm, seven (7) days a week.  Up to ten (10) staff are to be employed at the restaurant during the evening shift.

 

A total of two-hundred (200) seats are to be provided for customers. This is to consist of thirty-six (36) seats within the enclosed indoor area (‘Block A’) and one-hundred and sixty-four (164) seats within the outdoor terrace area (‘Block B’).

 

Twelve (12) parking spaces are proposed for the site, including one (1) accessible space.

 

Plans of the proposal are included at Attachment 1.

 

2.0    Summary Recommendation

 

Should the entire area of the restaurant be counted, including the outdoor terrace area (Block B), the proposal would fail to satisfy the numerical parking controls of the Parking Development Control Plan (Part C11 of the Ashfield DCP 2007). The proposed layout and design of the car park is also problematic in that six (6) of the 12 spaces (half of all the spaces) are stacked parking spaces. This percentage of stacked parking spaces far exceeds that which is permissible under the Parking DCP. Given the number of patrons the restaurant is to cater for, and the fact that stacked parking spaces can only be effectively managed when used as dedicated staff parking spaces, Council’s Traffic Engineer does not support the proposal.

 

The provision of 6 spaces for up to 200 patrons is seen to be unacceptable.

 

Given the constraints of the property, the proposal is seen to represent an overdevelopment of the site and is therefore recommended for refusal.

 

Background

 

3.0    Application Details

 

Applicant                               :         Mr J Handoko

Owner                                    :         Mrs S Chan

Value of work                        :         $200,000.00

Lot/DP                                   :         LOT: B DP: 385022

LOT: 1 DP: 455622

LOT: 2 DP: 656106

Date lodged                          :         4 January 2011

Date of last amendment      :         25 February 2011

Building classification          :         6

Application Type                            :         Local

Construction Certificate       :         No

Section 94A Levy                 :         Yes – $1,000.00

 

4.0    Site and Surrounding Development

 

The subject site is located on the southern side of Parramatta Road, bounded by Byron Street to the west and Scott Street to the east.  The property has a site area of approximately 1,197m2.  Single-storey commercial buildings and a carport occupy the site.  This property was most recently used for the sale and display of motor vehicles, however, works have recently been undertaken to convert the building into a restaurant.

 

Surrounding development is mixed, with car-related and commercial buildings dominating along Parramatta Road. Residential development exists to the south and east of the site, along Scott, Dalmar and Byron Streets.  Although this residential development generally consists of dwelling houses, a residential flat building at 27 Byron Street immediately adjoins the property.

 

Refer to Attachment 2 for a locality map.

 

5.0    Development History

 

Previous building and development applications submitted to Council for the subject site include:

NO.

DATE

PROPOSAL

DECISION

Not applicable

13/09/1960

Construction and use of the premises as a car sales yard

Approved

Permit No. 1551

06/08/1974

Installation of petrol tank and pump

Approved

Not applicable

15/11/1983

Use of the site in association with the car sales yard at 670 Parramatta Road

Approved

DA: 10.1990.359.1

27/12/1990

Use of the premises as a car sales yard

Approved

DA: 10.1992.159.1

05/06/1992

Use of the premises as a shop (the sale of electrical equipment)

Approved

Previous consents have been noted in the assessment of this application. The site was most recently used as a car sales yard.

 

 

 

Assessment

 

6.0    Zoning/Permissibility/Heritage

 

·    The site is zoned 3(b)-Special Business under the provisions of Ashfield Local Environmental Plan (LEP) 1985.

The proposal is permissible with Council consent.

 

7.0    Section 79C Assessment

 

The following is an assessment of the application with regard to the heads of consideration under the provisions of Section 79C of the EP&A Act.

 

7.1    The provisions of any Environmental Planning Instrument

 

7.1.1 Local Environmental Plans

 

Ashfield Local Environmental Plan 1985 (as amended)

 

The proposed restaurant would be defined as a ‘refreshment room’ under the Model Provisions 1980 adopted by the Ashfield LEP. Refreshment rooms are permissible within the 3(b)-Special Business zone under Table 10 of the Ashfield LEP.

 

Table 17 of the Ashfield LEP establishes a maximum floor space ratio of 0.5:1 for the 3(b)-Special Business zone. The development would have a FSR of 0.2:1 (based on a gross floor area of approximately 228.6m2), thereby satisfying the requirements of Table 17 of the Ashfield LEP.

 

7.1.2 Regional Environmental Plans

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

It is considered that the carrying out of the proposed development is generally consistent with the objectives of the Plan.

 

7.1.3 State Environmental Planning Policies

 

State Environmental Planning Policy No. 1 – Development Standards

 

Not applicable.

 

State Environmental Planning Policy No. 6 – Number of Storeys in a Building

 

Noted. The existing buildings are single-storey in height.

 

State Environmental Planning Policy No. 22 – Shops and Commercial Premises

 

Not applicable as neither the proposed use – a refreshment room – or the last use – a car showroom – would be defined as a ‘commercial premises’ or ‘shop’ under the adopted Model Provisions.

 

Refreshment rooms are permissible with the consent of Council within the 3(b)-Special Business zone.

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

Council’s records (see Section 5 of this report) indicate that a fuel tank has been installed onsite although an inspection by Council officers failed to locate this tank. Information was requested of the applicant to determine the status of this tank, however, no conclusive response was received. Whilst it is recognised that a commercial use will be maintained with this proposal, on environmental grounds the status of this tank should be determined. Therefore, a Preliminary Site Investigation Report should be prepared prior to any approval being granted.

 

State Environmental Planning Policy No. 64 – Advertising and Signage

 

See Section 7.3 of this report.

 

The proposed signage would not be defined as an ‘advertisement’ under Part 3 of this Policy.

 

State Environmental Planning Policy (Infrastructure) 2007

 

The subject property has a frontage to and is accessible from Parramatta Road, which is a classified road controlled by the Roads and Traffic Authority (RTA). As the refreshment room has direct access to this classified road and an area in excess of 300m2, the proposal is defined as ‘traffic generating development’ under Section 104 and Schedule 3 of State Environmental Planning Policy (SEPP) (Infrastructure) 2007. The proposal was therefore referred to the RTA for comment.

 

A response received from the RTA on 4 March 2011 is included at Attachment 3.

 

The RTA has reviewed the application and provided a number of comments for Council’s consideration. These comments include the following concerns which are summarised below:

·    The provision of 12 car parking spaces is significantly below the calculated parking demand of sixty (60) spaces as detailed in the submitted Traffic and Parking Impact Report. Additional parking should be provided onsite.

·    Concerns are raised that due to lack of off-street car parking, queuing onto the Parramatta Road access driveway may result as motorists circulate the small car park when its is full.

·    The layout of the site will result in conflict between cars and pedestrians walking between the two buildings, especially staff delivering food from the kitchen in Block A to the patrons in Block B.

 Council’s Traffic Engineer is in general agreement with the findings of the RTA.

 

The Infrastructure SEPP also outlines matters that Council must consider when assessing development with a frontage to a classified road. Clause 101(1) of Infrastructure SEPP states the “objectives of this clause are:

 

(a)       to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b)       to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads”.

 

As detailed in the RTA’s comments, the Traffic Engineer has expressed a concern that there may be queuing in front of the property which in turn may impact on the operation and functioning of Parramatta Road.

 

Given the volume of traffic that uses Parramatta Road, and the restaurant’s hours of operation, it is expected that the development would have a minimal cumulative impact on traffic noise.

 

Clause 101(2) of Infrastructure SEPP further states the “consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a)       where practicable, vehicular access to the land is provided by a road other than the classified road, and

(b)       the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i)           the design of the vehicular access to the land, or

(ii)          the emission of smoke or dust from the development, or

(iii)       the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c)        the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road”.

 

The subject property only has a frontage to Parramatta Road. Therefore, access from a side street cannot be provided in this instance. The issues raised by Council’s Traffic Engineer primarily relate to onsite parking and the findings of the Traffic and Parking Impact Report, they do not concern vehicular access, emissions of dust or traffic noise.

 

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

 

Not applicable. The proposed change of use would not be defined as ‘exempt’ or ‘complying’ development under this Policy.

 

7.2       The provisions of any Draft Environmental Planning Instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority.

 

Not applicable.

 

7.3       The provisions of any Development Control Plan.

 

The proposal has been considered against the provisions of the Ashfield Development Control Plan (DCP) 2007:

 

C1

ACCESS AND MOBILITY

A proper landing with adequate circulation space directly in front of the main entrance to Block A has not been provided as required by Section 4.1 of the Access and Mobility DCP (Part C1 of the Ashfield DCP) and AS 1428.1. The provision of this access would be in conflict with the angled parking along the western side of the Block A building and would necessitate a design change.

C2

ADVERTISEMENTS AND ADVERTISING STRUCTURES

 

A large ‘roof sign’ exists on the roof of the Block A building. The submitted application proposes the re-use of this sign although no details have been provided as to the design or wording of this sign.

 

Roof top signs are not generally supported (refer to Advertisements and Advertising Structures portion of Council’s DCP). Council’s records further indicate that the existing sign was approved as a temporary sign under the Local Government Act 1919 (Ordinance 55). It is therefore considered that the re-use of the existing sign should not be supported.

 

Sections 4.5 and 4.7 of the Advertisements and Advertising Structures DCP recommend the use of a freestanding pylon sign and a minimal amount of secondary signage for buildings along Parramatta Road.

C10

HERITAGE CONSERVATION

The subject property is not located within the vicinity of any heritage items or conservations areas listed under Schedule 7 of the Ashfield LEP.

 

It is recognised that the character of Parramatta Road is distinct from the residential character that dominates the residential areas of Ashfield. The proposed development is primarily located within the footprint of the former car sales yard and is seen to be in-keeping with the commercial and car-related development that dominates Parramatta Road.

C11

PARKING

See comments below.

C12

PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT

The proposal was notified in accordance with the Public Notification DCP (Part C12 of the Ashfield DCP). See Section 7.7 of this report.

C15

HOUSES & DUAL OCCUPANCIES

Not applicable.

 

Ashfield DCP 2007 – Part C11 – Parking

 

Table 3 of the Parking DCP outlines that restaurants must be provided with one (1) onsite parking space per 40 m2 of gross floor area. As detailed previously in this report, the subject building has a gross floor area of approximately 228.6m2. On this basis, a minimum of eight (8) parking spaces must be provided. With the twelve nominated spaces, the proposal satisfies this numerical requirement.

 

However, this calculation excludes the outdoor terrace area (Block B) – which has an area of approximately 279.4m2 and can seat approximately 164 patrons – as is not fully enclosed and thereby not technically defined as ‘gross floor area’ under the Model Provisions adopted by the Ashfield LEP.

 

Should this outdoor terrace area be included in parking calculations, the total area of the restaurant would be approximately 508m2. This would necessitate the provision of thirteen (13) parking spaces, which the proposal would fail to achieve.

 

The layout and design of the car park is also considered problematic. Clause 5.18(c) of the Parking DCP states “no more than 10% of the parking required for a commercial development is to be stacked”. The proposed development fails to satisfy this requirement, with 50% (6 of the 12) parking spaces being designed as stacked spaces.

 

Stacked parking spaces can only be effectively managed when used as dedicated staff parking spaces; they cannot be used by visitors to the site. As a result a total of only 6 spaces within the car park would be available to visitors.

 

The provision of only 6 visitor spaces for a restaurant that may cater for up to 200 patrons is seen to be unacceptable.

 

A Traffic and Parking Impact Report was submitted for the consideration of Council. Having reviewed this report the Traffic Engineer provided the following comments:

 

The parking survey provided does not provide a sufficient break-down of available parking in each street, only an overall total which possibly could be misleading. Parking on main roads such as Harris Street and Parramatta Road may be considered less favourable due to the volume of traffic on these streets and will therefore be less utilised. This would then contribute to a greater need to park in Council’s side streets such as Byron Street, Dalmar Street and Scott Street.

 

An observation by Council was taken at 11:45am 3 February 2011 and revealed that only sixteen (16) car spaces were available in these previously mentioned Council side streets. It is estimated that the restaurant will require a maximum of forty-eight (48) on-street parking spaces, the majority of which will burden Council’s side streets. This amount would be considered unacceptable.   

 

These comments suggest that the surrounding Council streets cannot support the parking demand that will be generated by the proposed development.

 

Table 3 of the Parking DCP notes that “Council will consider a variation in requirements for premises based on:

 

·    proximity of premises to public transport;

·    proximity of premises to public car parks with excess capacity;

·    operating hours;

·    location/availability of public parking or on-street parking;

·    number of seats;

·    likely turnover of customers;

·    how residents are affected in terms of the amenity of area (noise etc);

·    whether a change of use only is proposed that means only limited on-site parking can be provided; (and)

·    Loading and service areas required”.

 

Given the site’s location of Parramatta Road it is expected that visitors to the site will more than likely travel to the site in a car. No public car parks are within the vicinity of the site and parking is not permitted along this section of Parramatta Road. On account of the parking demand detailed in the Traffic and Parking Impact Report and the findings of Council’s Traffic Engineer, it is considered that inadequate parking is provided onsite and the proposal will generate an unacceptable parking demand on surrounding residential streets.

 

These views are generally supported by the RTA (see Section 7.1.1 of this report).

 

7.4       Any matters prescribed by the regulations that apply to the land to which the development application relates.

 

These matters have been considered in the assessment of this application.

 

7.5       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts on the locality.

 

These matters have been considered as part of the assessment of the development application. 

 

The restaurant is to operate between the hours of 11:00am to 10:00pm, seven (7) days a week.

 

Whilst it is recognised that the subject property has a direct interface with residential properties, the proposed restaurant’s hours of operation are considered typical of this form of development. Restaurants, or refreshment rooms, are permissible within the 3(b)-Special Business zone. Other refreshment rooms along Parramatta Road have comparable hours of operation and it is acknowledged that the McDonald’s at 582 Parramatta Road, Croydon, has an approval for twenty-four (24) hour trading.

 

An Acoustic Report was also submitted for the consideration of Council. This report recommends the construction of an acoustic wall near the shared boundary with 27 Byron Street and the installation of an acoustic screen along the south-eastern corner of the outdoor terrace area (Block B). Mechanical ventilation ducts for the restaurant are also to be located approximately 6m away from residential boundaries and angled towards Parramatta Road. Whilst the height of these vents have not been nominated in the prepared plans, Council’s Environmental Health Team Leader and Environmental Health Surveyor have reviewed the Acoustic Report and are generally supportive of its findings.

 

It is therefore considered that the proposed hours of operation, in and of themselves, will have no significant adverse environmental, social or economic impacts upon the locality.

 

7.6       The suitability of the site for the development

 

These matters have been considered as a part of the assessment of the development application. The existing location of the buildings – and the existing outdoor terrace decking (constructed without approval) – is seen to constrain the site. This footprint prevents the provision of an adequate car park design. The intensity of the development – a restaurant catering for 200 patrons – is therefore considered unsuitable in the context of the locality.

 

The layout of the development is also seen to be problematic in that it will result in a conflict between cars and pedestrians walking between the two buildings. In this regard it is noted that staff will have to make numerous trips through the car park to deliver food from the kitchen in Block A to the patrons in Block B. All patrons, including the disabled, will have to pass through the car park to use the bathrooms located in Block A.

 

7.7       Any submissions made in accordance with this Act or the regulations

 

The proposal was notified to all adjoining and nearby affected property owners, occupants and Councillors from 12 until 31 January 2011.

 

The amended plans received on 25 February 2011 did not require re-notification subject to Clause 2.32 of the Public Notification DCP.

 

7.7.1   Summary of submissions

Four (4) submissions (Attachment 4) and a petition were received during the notification of the development application. The petition includes seven (7) signatures from the owners of the units at 27 Byron Street (this residential flat building is also known as 25A Byron Street):

 

Submissions

 

Ms R Pearson

29 Scott Street

CROYDON  NSW  2132

Mr M and Mrs C Garcia

30 Scott Street

CROYDON  NSW  2132

Ms S Pang

31 Scott Street

CROYDON  NSW  2132

Owners Corporation

27 Byron Street

CROYDON  NSW  2132

* Also Head Petitioner

 

The matters raised in these submissions are detailed below in italics, followed by a response from the assessing officer:

 

There are no other night-trading restaurants within the vicinity of the property and as such there is no precedence for this type of development.

 

Officer’s comment: The proposed restaurant would be defined as a refreshment room and is permissible within the 3(b)-Special Business zoning.

 

A number of restaurants have been approved within the commercial zones along Parramatta Road. The majority of these restaurants operate until 11:00pm.

 

Insufficient parking is provided onsite and as a result this will negatively impact on the availability of street parking within adjoining streets, such as Scott, Byron and Dalmar Streets.

 

Officer’s comment: Council’s Traffic Engineer and the RTA have each expressed concerns with respect to these matters. See Sections 7.1.3 and 7.3 of this report.

 

Noise generated by patrons within the restaurant will produce unreasonable amenity impacts for neighbours.

 

Officer’s comment: An Acoustic Report prepared by the applicant was considered in the assessment of this application. This matter is discussed in Section 7.5 of this report.

 

Cars using surrounding residential streets will generate unacceptable noise impacts for residents.

Officer’s comment: It is recognised that vehicles using surrounding streets will generate some noise impacts. However, the proposed hours of operation are considered acceptable for a development of this nature and the resulting noise impacts from cars using nearby streets are not seen to be so unacceptable so as to warrant the refusal of this application.

 

The approval of this restaurant will result in additional rubbish and litter being disposed of in Council streets.

 

Officer’s comment: The proposed Korean Restaurant is not expected to rely on the packaging of food items like a drive-in/take-away restaurant such as McDonald’s, KFC or Hungry Jacks. As opposed to disposable packaging, this restaurant will instead rely on plates and cutlery. Therefore, the development is not expected to generate significant litter and rubbish for Council streets.

 

The development will generate food odours for adjoining residents.

 

Officer’s comment: The Environmental Health Team Leader and Environmental Health Surveyor are generally supportive of the concept details provided for the restaurant’s mechanical ventilation systems. Exhaust vents from the kitchen are to be located a minimum of 6m from residential properties and are to face Parramatta Road.

 

As detailed previously, the submitted plans are considered deficient in that they do not nominate the height of vents.

 

The use of the premises as a restaurant will generate hygiene concerns for neighbouring residents.

 

Officer’s comment: The Environmental Health Team Leader has not raised an objection to the proposal on these grounds. Should the application be approved conditions will be imposed relating to the fitout of the kitchens and Council inspections.

 

The restaurant is likely to generate crime and anti-social behaviour within the area.

 

Officer’s comment: The proposed use is not considered to be crime-risk and its hours of operation are considered acceptable for Parramatta Road. As such the application was not referred to Ashfield Police for comment.

 

A licence from the NSW Office of Liquor, Gaming and Racing (the Liquor Administration Board) would be required for the sale and service of alcohol at the restaurant.

 

7.8    The public interest

 

Insufficient parking is provided onsite and as such the development is expected to unreasonably burden Council streets. On these grounds the approval of this application would not be in the public interest.

 

8.0    Referrals

 

8.1    Internal

Engineering – Council’s Traffic Engineer does not support the proposal as discussed in Section 7.3 of this report.

 

The Design and Development Engineer has requested the submission of a stormwater concept plan for the site.

 

Environmental Health – See Sections 7.5 and 7.7.1 of this report.

 

Council’s Waste Project Officer has raised concerns that the nominated waste area is of an insufficient size to cater for two (2) 660L bins plus recycling facilities. The small size of the car park and the lack of loading facilities also means that trucks are unlikely to enter the site and that these bins will have to be wheeled to the front of the property for collection from Parramatta Road.

 

Building – The Construction Assessment Team Leader has raised concerns about access for the restaurant. See Section 7.3 of this report.

8.2    External

 

Roads and Traffic Authority

See Section 7.1.3 of this report.

 

9.0    Other Relevant Matters

 

Unauthorised Work

 

An inspection of the site revealed that work has already commenced on the outdoor terrace deck (Block B). Council’s Construction Assessment Team Leader has advised that the recently constructed wall along the western side of this deck fails to satisfy the fire separation requirements of the Building Code of Australia (BCA).

 

The obtainment of a Building Certificate would be required for the retention of this deck.

 

Stormwater Pipes

 

Council’s stormwater map does not indicate that the subject property is burdened by any Council or Sydney Water stormwater pipes.

 

10.0  Building Code of Australia (BCA)

 

Should this application be approved a Construction Certificate will be required to be applied for by a condition of consent.

 

Financial Implications

 

Based on the supplied estimated value-of-works of $200,000.00 a Section 94A Contribution of $1,000.00 would be payable should this application be approved.

 

It should be noted that the application does not propose any additional gross floor area as defined by the Ashfield LEP’s adopted Model Provisions. Therefore the provisions of the Section 94A Contributions Plan would be applicable in this instance, not the Section 94 Contributions Plan.

 

Other Staff Comments

 

See Section 8.1 of this report.

 

Public Consultation


See Section 7.7 of this report.

 

 

Conclusion

 

The application has been assessed in accordance with the provisions of the EP&A Act 1979 with all matters specified under Section 79C(1) Clauses (a) to (e) having been taken into consideration. Given the constraints of the property and the inadequate parking facilities the proposal is seen to represent an overdevelopment of the site.

 

The proposal is unacceptable and is recommended for refusal.

 

ATTACHMENTS

Attachment 1View

Plans of the Proposal

8 Pages

 

Attachment 2View

Locailty Map

1 Page

 

Attachment 3View

RTA Comments dated 2 March 2011

2 Pages

 

Attachment 4View

Submissions

13 Pages

 

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(b) of the Environmental Planning and Assessment Act 1979 (as amended) refuse Development Application No. 10.2011.5.1 for the use of the premises as a restaurant  on Lot B in DP: 385022, Lot 1 in DP: 455622 and Lot 2 in DP: 656106, collectively known as 668-670 Parramatta Road, Ashfield, for the following reasons:

 

Reasons for Refusal

 

1.       The proposal represents on overdevelopment of the site.

 

2.         Insufficient and inadequate parking is provided onsite given the scale and intensity of the development.

 

Particulars:

 

(a)        The design of the car park and the stacked parking arrangements fail to comply with Clause 5.18(c) of the Parking Development Control Plan (Part C11 of the Ashfield DCP 2007).

 

(b)        The provision of twelve (12) car parking spaces onsite is significantly below the calculated parking demand of sixty (60) spaces as detailed in the submitted Traffic and Parking Impact Report.

 

(c)        The development would place an unreasonable parking burden on Council streets.

 

3.         The proposal fails to satisfy the disabled access requirements of Section 4.1 of the Access and Mobility Development Control Plan (Part C1 of the Ashfield DCP 2007) and AS 1428.1.

 

Particular:

 

(a)        A proper landing with adequate circulation space directly in front of the main entrance to Block A has not been provided as required by the Access and Mobility DCP and AS 1428.1. The provision of this access would be in direct conflict with the angled car parking spaces along the western side of the Block A building.

 

4.         The layout of the development will result in conflict between cars and pedestrians walking between the two buildings, especially staff delivering food from the kitchen in Block A to the patrons in Block B but also patrons who wish to use the bathrooms located in Block A.

 

 









Attachment 2

 

Locailty Map

 


Attachment 3

 

RTA Comments dated 2 March 2011

 



Attachment 4

 

Submissions

 














Ashfield Council – Report to Ordinary Meeting held on Tuesday 22 March 2011

CM10.5

Subject                            DEVELOPMENT APPLICATION: 10.2010.301.1
2A BROWN STREET, ASHFIELD

 

File Ref                            10.2010.301.

 

Prepared by                   Atalay Bas - Manager Development Services       

 

 

Reasons                          Information for Council Consideration

 

Objective                         Receive and Note

 

 


Overview of Report

 

This report relates to a development application seeking approval for:-

 

·     Demolition of existing commercial building and tree removal;

·     Construction of a part 8 and part 9 level mixed use development comprising of:-

Building A 9 storey predominantly fronting Brown Street;

Building B 8 storey located behind building A and predominantly fronting Drakes lane;

Three (3) retail & one (1) supermarket tenancy at the ground floor;

Five (5) basement parking levels accommodating 282 vehicles inclusive of 84 public car parking spaces on basement levels 3 and 4 that will be dedicated to Council for sole use by the general public;

Loading/unloading & waste room on ground level;

One hundred twenty (120) residential apartments comprising of 26 x 1 bed, 76 x 2 bedroom, 7 x 2 bedroom + mezzanine, 6 x 3 bedroom and 5x 2 bedroom self office home office apartments;

A public through-site link from Brown Street to Drakes Lane via a lift and stairway access; and

Colonnade along Brown Street elevation.

 

1.       Executive Summary

 

The site is located within the street block bounded by Brown Street, Hercules Street and Liverpool Road and is located diagonally opposite Ashfield Railway Station and commuter car park. The subject site is irregular in shape with a site area of 3,687 sqm and falls towards the northern end of Brown Street where it levels off opposite the Ashfield Railway Station.

 

The site abuts a 7 storey commercial building to the south which fronts Liverpool Road and also an electricity substation. To the east of the site is an 8 storey, mixed use building and

to the west of the site is the Hercules Street commercial strip, with small scale shops fronting Hercules Street and backing Drakes Lane.

 

The development application relates to a type of development that the Minister of Planning has categorised as being of regional significance. The Sydney East Joint Regional Planning Panel is the consent authority for the purposes of determining the application.

 

Council officers have carried out an assessment of the application and the Council officer’s report on the application has been forwarded to the Sydney East Joint Regional Planning Panel for the Regional Panel’s consideration. A copy of the Council officer’s report on the development application is attached to the rear of this report. The officer’s report recommends approval of the application.

 

The Joint Regional Panel will be holding a meeting at Haberfield Library at 6.30 pm on Wednesday 30 March 2011 to consider the matter.

 

Council needs to determine whether it wishes to make a submission to the Panel in relation to the proposal, and if so, the contents of such submission.

 

2. Council representation to a Joint Regional Planning Panel

 

Section 4.6 of the Department of Planning’s “Procedures for the operation of Joint Regional Planning Panels” relates to “Council representation to the Regional Panel”. That section reads as follows:-

4.6 Council representation to the Regional Panel

 

A council may make a submission on a development application that is to be determined by a Regional Panel during and up to seven (7) days before the Panel Meeting. The applicant may consider it appropriate to provide a briefing to council prior to the council framing its submission to the Panel.

 

The council submission should be forwarded to the Panel Secretariat. A Regional Panel will give consideration to a council submission in its determination of the application. A council submission, however, is not a matter that must be specifically addressed in the assessment report or recommendations prepared by the council staff.”

 

3. Conclusion

 

Council needs to determine whether it wishes to make a submission to the Panel. Given the short timeframe between Council’s consideration of the matter and the Panel meeting next week any comments that the Council does make will be forwarded to the Panel as a priority immediately following the Council meeting.

 

 

ATTACHMENTS

Attachment 1View

DA Assessment Report + Conditions

51 Pages

 

Attachment 2View

Plans of Proposal

32 Pages

 

Attachment 3View

Locality Map

1 Page

 

Attachment 4View

Previous Site Master Plan

19 Pages

 

Attachment 5

Submissions

12 Pages

 

Attachment 6

SEPP 65 Report and Recommendations

9 Pages

 

 

 

RECOMMENDATION

 

That Council determine whether it wishes to make a submission to the Panel in relation to the proposal, and if so, the contents of such submission.

 

 

 

Phil Sarin

Director Planning and Environment


Attachment 1

 

DA Assessment Report + Conditions

 




















































Attachment 2

 

Plans of Proposal

 

































Attachment 3

 

Locality Map

 


Attachment 4

 

Previous Site Master Plan

 




















Attachment 5

 

Submissions

 













Attachment 6

 

SEPP 65 Report and Recommendations