Agenda of Ordinary Meeting

Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 May 2011

CM10.2

Subject ASSISTANCE FOR ASHFIELD INFANTS' HOME

File Ref 10.2010.102

Prepared by Nellette Kettle - Director Corporate & Community Services

Reasons Council resolution

Objective To report back to Council on options for assisting the Ashfield Infants’ Home

Overview of Report

This report is provided in response to a Council resolution in April 2011, seeking a report on assistance that could be provided by Council to the Ashfield Infants’ Home is respect of its requirement to pay a Section 94 contribution.

Background

The Ashfield Infants’ Home received development consent from the JRPP in September 2010 to undertake a number of works for alterations and additions to the childcare centre. The estimated value of the work is $7,120,000. Condition C(8) of the consent requires the payment of a Section 94A contribution of $71,200.

The Infants’ Home submitted a Section 96 application, which was considered by Council on 12 April 2011, seeking inter alia the deletion of the condition requiring payment of the $71,200 Section 94A contribution on the basis that it is unreasonable given the Infants’ Home status as a registered charity and not for profit organisation.

Council deferred a decision on the matter in order for the General Manager to undertake further research in respect to assistance (cash or in kind) that could be provided to the Infants’ Home, as well as a detailed report of the support (monetary and in kind) that Council has provided to the Infants’ Home over the past ten years.

Report

Background to the Infants’ Home

The Infants’ Home has been providing services to children and families since 1874. It was originally founded by a committee of concerned women in order to care for abandoned babies. It initially opened as the Sydney Foundling Institution in Darlinghurst. In 1876 the committee purchased Gorton, the large stone villa in Henry Street Ashfield. Thereafter it was known as the Ashfield Infants’ Home.

Today, the Infants’ Home provides Long Day Care and Pre School programs, health and medical services, parenting programs, playgroups (including the Red Bug playgroup funded by Council), Infant and Parent Support through Hope Family Cottage, support for children with autism and their families.

Funding for the organisation comes from the Australian Government, the State Government, fees for services from families, donors and corporate supporters. The Infants’ Home is governed by an independent voluntary board of directors. The financial report for year ending December 2009 indicated the result for the year was a surplus of $254,863. Revenue for the year was $ 4,776,276 and expenditure $4,521,413. Revenue comes primarily from fees collected from families along with Commonwealth and State Government funding.

The Infants’ Home employs over 65 permanent staff, 30 casuals and has 30 self employed carers through Family Day Care.

Support provided to the Infants’ Home by Ashfield Council

Council has provided substantial financial support to the Infants’ Home over many years. Below is a table showing the financial support assistance which Council has provided to the Infants’ Home over the last 10 years.

Year	Type of Support	Amount
2001	Annual Council Community Grant 2000-2001 Purchase of educational equipment for children with special needs & training workshops for staff and parents	$500
	Annual Council Community Grant 2000-2001 Purchase of equipment for the Family Centre of Early Intervention	$800
	Annual Council Community Grant 2000-2001 Quality assurance training for carers and staff	$700
2002	Annual Council Community Grant 2001-2002 Purchase variety of up-to-date resources for carers	$500
	Annual Council Community Grant 2001-2002 Purchase variety of up-to-date resources for carers	$100
	Annual Council Community Grant 2001-2002 Communication boards for young children with disabilities	$300
2003	Annual Council Community Grant 2002-2003 Early Intervention Program	$700
	Annual Council Community Grant 2002-2003 Purchase of educational resources for inclusion in Family Day Care Toy Library	$400
2004	Annual Council Community Grant 2003-2004 Translation of brochures, forms and handbooks	$900
2005	Annual Council Community Grant 2004-2005 A group for mothers who have or have been labelled as having a mental health problem	$900
2006	Annual Council Community Grant 2005-2006 Funding for multicultural educational resources for the Library	$800
2007	Annual Council Community Grant 2006-2007 Cost of staff and purchase toys, art/craft equipment for "Red Bug: Stories, Activities & Play in the Park".	$2000

2008	Annual Council Community Grant 2007-2008 Conducting a research project on Autism	$800
	Purchase of a trailer Ashfield Council Mayoress arranged for a donation ($500) from the Benevolent Society to 'The Red Bug’ to go toward the purchase of a trailer. Council donated $2000 towards it.	$2000
2009	Annual Council Community Grant 2008-2009 Funding of equipment for the Toy Library	$900
	Annual Council Community Grant 2008-2009 Conducting a TIPS Parent Education Group	$800
2010	Annual Council Community Grant 2009-2010 Purchasing educational equipment and toys for the toy library	$600
	Annual Council Community Grant 2009-2010 Purchasing a camcorder and related equipment for the "Everyday Communications Moments Therapy" project	$500
	Annual Council Community Grant 2009-2010 Funding towards the Fathers and Children playgroup	$1000
2011	Annual Council Community Grant 2010-2011 Father and Children's Playgroup	$1200
	Annual Council Community Grant 2010-2011 Impact of Vision Impairment on Young Children's Development – Training	$700
	Annual Council Community Grant 2010-2011 Safe Children on the Bus	$1000
TOTAL		$18,100

In addition to the financial support listed above, Council also provides financial support to the Infants’ Home to run the Red Bug play group which operates out of Ashfield Park each Monday. Red Bug is a partnership between Council and the Infants’ Home where Council provides funding to enable the Infants' Home to provide the staff. Council has provided $44,385 funding for the Red Bug play group to date.

It should also be noted that the Infants’ Home receives financial support from local clubs through the CDSE Scheme. The Ashfield CDSE Committee is convened by Council. Since 2006, the Infants’ Home has received a total of $148,862 of CDSE funding.

In addition to the assistance outlined above, the Infants’ Home:

· does not pay rates to Council as it satisfied the criteria for a non rateable property in the last audit undertaken by Council in 2001; and

· was not required to pay the associated fee for its Section 96 application ($500) as this was waived by Council.

In-kind support

Over the years Council has made available significant in-kind support to the Infants’ Home. It is unfeasible to report all of the instances as they are numerous and over a long period of time, however more recent examples of in-kind support provided to the Infants’ Home include:

· monthly storytime visit by Children's Librarian. Books are also replenished.

· Road Education Safety Program for Preschoolers held at the Infants Home and Red Bug in March 2011

· Parenting seminar at conducted at Red Bug in March 2011, further seminar scheduled for May 2011

· Infants’ Home's parenting course information included in Council's 2011 Parenting Calendar and distributed throughout the community

· Promotion of Red Bug to the community via Council column in the Inner West Courier

· Promotion of the Infants Home's Family Day Care service to the community through the Mayoral Column and Council Newsletter

· Introduction of a CASS settlement worker to Chinese families at Red Bug

· Provision of craft materials for Father's Day and sweets for Red Bug Christmas Party

· Translation of key forms into Chinese

· Morning tea at Red Bug in 2009 to celebrate the International Women's Day.

Options available to Council to assist the Infants’ Home

The following table outlines options available to Council to support the Infants’ Home with respect to the section 94A contribution.

Waive the Section 94A contribution	The application does not meet the criteria in Council’s Section 94A Plan to waive the contribution (refer to report elsewhere in the business paper). As the governing body, Council could set aside its own policy/criteria if it so chooses, however, this could set an undesirable precedent.
Reduce the Section 94A contribution	Council policy sets the Section 94A contribution payable. Council could reduce the S94A contribution should it choose to do so, however, in the absence of sound justification this could set an undesirable precedent.
Stage the payment of the Section 94A contribution	Depending on how the Infants’ Home intends to undertake the project, payment of the Section 94A contribution could be made in instalments. This would be dependent on the Infants’ Home staging the project in some way and payments being aligned to the release of the staged approval of the construction certificate.
Fund the Section 94A contribution from the Community Grants Program	Council’s community grants program is an appropriate source of funding should Council wish to make a donation to the Infants’ Home to enable the Home to pay the contribution. Notwithstanding this, the annual community grants budget is $39,000. It would take all of the Community Grants funding in 2011/12 and most of the funding for 2012/13 to cover the cost of a $71,200 donation.
Fund the Section 94A contribution from the Councillor donation vote	Another possible source of funds is the general Councillor donations vote, which at $15,000 per annum would take five years to extinguish the payment. For obvious reasons this is not a particularly viable option.
Fund from the Council operating budget	A donation could be made from another area of the operating budget (other than the two options immediately above). This would need to be offset by a corresponding reduction in another area to maintain a budget neutral position.
CDSE option	The Infants’ Home could apply in early 2012 to the Ashfield CDSE Scheme for financial assistance towards costs associated with their redevelopment. There are no designated maximum limits to the amount that can be requested, although applicants need to compete for a limited pool of funds which in 2010 was just over $288,000.
In kind works	Council does not usually undertake works on private land on behalf of an applicant/developer. This would be a highly unusual arrangement. An exception might apply if Council were involved in a joint venture proposal and the in kind works involved a community benefit.

Financial Implications

If Council waives or reduces the s94A charge for the Infants’ Home there will be an impact on the amount of s94A funds collected and therefore on the implementation of the projects listed in Council’s s94A Plan.

If a donation is granted to the Infants’ Home this will impact the operating budget and will require funds to be diverted from an existing budgeted activity.

Should Council choose to assist the Infants’ Home, from a budget management perspective it is preferable for Council to forgo the s94A income than it is for Council to pursue a solution that impacts the already tight operating budget.

Other Staff Comments

Council’s Director Planning & Environment and Manager Community Services have provided input into the preparation of this report.

Public Consultation

Nil.

Conclusion

In accordance with Council’s resolution of 12 April 2011, this report outlines options available to Council to assist the Infants’ Home in relation to its section 94A contribution. The report also outlines monetary and in kind assistance provided to the Infants’ Home in the last ten years.

ATTACHMENTS

There are no supporting documents for this report.

RECOMMENDATION

1/1 That Council note the information and consider this report in conjunction with the section 96 application which is a separate item in this Business Paper.

Nellette Kettle

Director Corporate & Community Services

Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 May 2011

CM10.4

Subject DEVELOPMENT APPLICATION: 10.2011.050.1
27 HUGH STREET, ASHFIELD

File Ref DA 10.2011.050

Prepared by Haroula Michael - Development Assessment 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 for the demolition of an existing dwelling house and the construction of a new two storey dwelling house, installation of a rainwater tank and air-conditioning unit.

The development application was considered at Council’s meeting held on 12 April 2011.

A copy of this report is included at Attachment 1.

Council resolved that the matter be deferred for:-

“discussions and alterations regarding issues relating to excessive overshadowing, streetscape issues and the Heritage Officer’s concerns about design which does not conflict with the character of adjoining older houses”.

In view of Council’s resolution the applicant has submitted amended plans to Council on the 4 May and 10 May 2011. The amendments are as follows:-

· The windows to the front elevation are now double hung windows in lieu of sliding windows;

· The front balcony has been removed and replaced with a lean to tiled roof;

· The front verandah masonry wall has been amended to a straight wall without the step up in masonry on each end;

· The front verandah is now proposed with a low masonry wall with one post to each end in lieu of a pair of posts;

· The proposed house has been lowered by a further 200mm;

· A revised colour selection has been submitted; and

· An amended streetscape analysis has been submitted.

Comment: The amended front façade relating to the fenestration of the windows, the removal of the first floor balcony and replacement with a simple lean to roof and changes to the ground floor verandah are in line with the heritage adviser’s comments and sketch plan prepared by Council’s heritage adviser as included in Attachment 3.

Please refer to Section 3.1 of this report for the heritage adviser’s comments.

The applicant has lowered the building by a further 200mm to assist in the issue raised regarding overshadowing. The modified proposal will improve overshadowing impacts to the adjoining property. The comments made regarding the solar access to the adjoining premises for the original proposal still stand and read as follows:

“The submitted shadow diagrams indicated that the living/dining room windows to number 29 Hugh Street will receive the minimum required solar access on the 21 June between 9am and 3pm (minimum 3 hours) to 40% of the glazed areas. The living/dining rooms will receive the minimum 40% solar access from approximately 10am to 2pm on the 21 June. The ADCP 2007 refers only to the living and dining room windows for solar access.

The solar access to the rear private open space of number 29 Hugh St also considered to receive the required minimum solar access as required by the ADCP 2007. The elevation shadows indicate that from approximately 11am onwards the principal private open space will maintain at least 50% solar access on the 21 June.

The solar access to the front garden (of 29 Hugh St) is also considered to receive the minimum three hours solar access and will be shadowed from approximately 12noon onwards.

Therefore it is considered that the proposal will not adversely impact the solar access to the private open space to the adjoining neighbour. The proposal will ensure the adjoining north facing dining/living room windows maintain at least 40% of solar access to the glazed areas and therefore the solar access to the adjoining property is considered to be within the requirements outlined in Council's ADCP 2007”.

The proposal seeks to use roof tiles with a Monier Waverley profile and paprika in colour. The proposed roof tile colour and profile is not considered to be in keeping with the area and therefore the use of unglazed Marseilles (French) pattern terracotta tiles is recommended for the dwelling house. In addition, it is recommended that proposed Boral Bricks ‘Horizon Rubelite’ be replaced with Austral Bricks in a Bowral range and Murray Grey.

The amended plan and streetscape analysis is included at Attachment 2.

2.0 Application Details

Applicant : Lifestyle Designer Homes Pty Ltd

Owner : Mr J Wang & Ms G L Zheng

Value of work : $325262.00

Lot/DP : LOT: 19 DP: 2911

Date lodged : 02/03/2011

Date of last amendment : 4 May 2011

Building classification : 1a

Application Type : Local

Construction Certificate : No

Section 94A Levy : Yes

3.0 Referrals

3.1 Internal

Heritage Adviser:

Comments from Council’s heritage adviser are as follows:

“I refer to the discussion today with Mr Bas and the agreed need to provide the applicant with some clear suggestions for amendment of the application as lodged so that the proposal can be determined. The sketch I prepared and forwarded to the applicant on the 6 July 2010 was prepared in response to the applicant’s then proposal and attempted to show how the simplification of the design was both possible and helpful. The applicant has now “flipped’ the design for reasons of solar access/impact but the sketch remains pertinent in my opinion and can also be simply flipped to indicate desirable changes. The relevant points are:

· The fenestration of the building (doors and windows) need to be of consistent design and proportions, and I suggested double hung sash windows so as to relate to the adjoining older houses.

· The proposed design now incorporates an un-roofed balcony at the first floor level above the entry verandah. This balcony should be deleted and replaced by a lean – to verandah roof or it should be roofed in the traditional way to again provide a reference to the surrounding heritage items.

· The entrance verandah should employ a simple straight balustrade and single posts rather than the stepped design in the application, with double posts.

I submit that these simple changes mean that the building is more acceptable overall because it is simple, its references to the surrounding older buildings are clear and not confused by misunderstanding of their intent and the overall design effect is one of simplicity and plain modernity. These are not difficult changes to make but, they will mean that the building is less confused and less confusing in the streetscape.

If these changes are made Council could consider consent to the design in my opinion” (refer to Attachment 3).

Comment:

The proposal was amended to reflect the three points made above by the heritage adviser. The changes made were to the fenestration of the windows to the front facade, the removal of the first floor balcony and replacement with a simple lean to roof and changes to the ground floor verandah to incorporate a simple straight balustrade and single posts.

The façade is consistent with a flipped version of the heritage adviser’s drawing.

Conclusion

The proposal is considered acceptable and is recommended for conditional approval.

ATTACHMENTS

Attachment 1View	Previous Planning Report	60 Pages
Attachment 2View	Amended Plans of Proposal	18 Pages
Attachment 3View	Heritage Advice and Sketch Plan	2 Pages

RECOMMENDATION

1/1 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. 10.2011.50.1 for the demolition of an existing dwelling house and the construction of a new two storey dwelling house, installation of a rainwater tank and air-conditioning unit on Lot 19 in DP: 2911, known as 27 Hugh Street, Ashfield, 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 01, 02, 03, 04, 05, 06, 08 (issue T) prepared by Lifestyle Designer Homes Pty Ltd and date stamped by Council 2 March 2011 and any supporting documentation received with the application, except as amended by the conditions specified hereunder.

(2) Compliance with BCA

All works are to comply with the Building Code of Australia 2010 and relevant Australian Standard requirements.

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 windows to the first floor (northern elevation) servicing bedrooms 2, 3 and 4 shall have a minimum sill height of 1600mm.

(b) An acoustic barrier shall be placed between the air-conditioner and hot water system to minimise noise nuisance to the adjoining property. In addition:

· If the external unit is a vertical fan extractor than a noise insulator (louvered cover) shall be installed over the top of the unit.

· If the unit is a horizontal fan extractor then a top cover insulator shall be placed over the unit.

(d) The second kitchen (outdoor kitchen) shall be deleted from the proposal.

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

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

A Damage Deposit of $7,000.00 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:

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.

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.

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.

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.

(2) 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 $3,252.62 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).

(3) 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.

(4) 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.

(5) Footpath/laneway- photographs to be submitted

Prior to the release of the Construction Certificate, the applicant shall lodge with Council photographs of the roadway and kerb and gutter in Hugh Street and the rear lane 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.

(6) 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

(7) Erosion, dust, topsoil and sediment control

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 and approved by Council prior to the release of the Construction Certificate.

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

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) 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.

(8) Dilapidation Reports

A Dilapidation Report on the current structural condition of the existing buildings at 29 Hugh Street, Ashfield must be prepared by a practicing structural engineer. The Dilapidation Report must be completed and submitted to the owner of the subject property and to Council prior to the commencement of any demolition, excavation or construction works. At the completion of the works, a second Dilapidation Report recording the structural condition must be prepared. That Report must be submitted to the owner of the subject property and to Council.

(9) Support for neighbouring buildings and notice to adjoining owners

(1) If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

(a) must preserve and protect the building from damage, and

(b) if necessary, must underpin and support the building in an approved manner, and

(c) must at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

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

Notes:

(i) Details of underpinning works, prepared and certified by a practicing structural engineer shall be submitted to and approved by the Principal Certifying Authority prior to the commencement of any works.

(ii) allotment of land includes a public road and any other public place.

(10) 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.

(11) 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.

(12) 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.

(13) 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.

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) 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.

(4) Spoil and building materials on road and footpath

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 One Stop Shop telephone 9716 1800.

(5) 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.

(6) 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.

(7) Site vehicles - mud/debris

You are to ensure that ALL vehicles leaving the site are free of mud and debris. Loads are to be fully covered and vehicles/wheels washed down to ensure that no nuisance occurs.

(8) 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.

(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.

(9) 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.

· Austral Bricks in a Boral range and Murray Grey are to be used.

· Unglazed Marseilles (French) pattern terracotta tiles are to be used for the roof of the dwelling house. They must be in a colour equivalent to Boral's 'Sydney Red' tile.

(10) Unpainted brick not to be painted

The brick surfaces to the main dwelling are not to be painted.

(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) Balustrade design requirements

Balustrades shall be constructed in accordance with the following requirements:

(i) The height is not less than 865mm above the nosings of the stair treads or the floor of a ramp.

(ii) The height is not less than:

(a) 1m above the floor of any access path, balcony, landing or the like; or

(b) 865mm above the floor of a landing to a stair or ramp where the balustrade is provided along the inside edge of the landing and does not exceed a length of 500mm.

(14) 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 have been carried out in accordance with the manufacturer’s instructions, the BCA and AS 3740.

(15) 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.

(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 No 356760S as obtained on 20 January 2011 from the Department of Infrastructure, Planning and Natural Resources. For more information visit www.basix.nsw.gov.au .

(18) Rainwater Tanks

Rainwater tanks must comply with the following requirements:

(a) the tank must be designed to capture and store roof water from gutters or downpipes on a building;

(b) the tank must not collect water from a source other than gutters or downpipes on a building or a water supply service pipe;

(c) the tank must be structurally sound and installed in accordance with the instructions of the manufacturer or designer of the tank;

(d) the tank must not be installed over or immediately adjacent to a water main or a sewer main, unless it is installed in accordance with any requirements of the public authority that has responsibility for the main;

(e) the tank must be assembled and installed in accordance with the instructions of the manufacturer or designer of the tank;

(f) a sign must be affixed to the tank clearly stating that the water in the tank is rainwater;

(g) any overflow from the tank must be directed to the street gutter;

(h) the tank must be enclosed, and any inlet to the tank must be screened or filtered, to prevent the entry of foreign matter or creatures, such as mosquitoes;

(i) any plumbing work undertaken on or for the tank that affects a water supply service pipe or a water main must be undertaken:

(i) with the consent of the public authority that has responsibility for the water supply service pipe or water main, and

(ii) in accordance with any requirements by the public authority for the plumbing work, and

(iii) by a licensed plumber in accordance with the New South Wales Code of Practice—Plumbing and Drainage produced by the Committee on Uniformity of Plumbing and Drainage Regulations in New South Wales;

(j) any motorised or electric pump used to draw water from the tank or to transfer water between tanks:

(i) must not create an offensive noise, and

(ii) in the case of a permanent electric pump, must be installed by a licensed electrician; and

(k) the tank must be maintained at all times so as not to cause a nuisance with respect to mosquito breeding or overland flow of water.

(19) Tree Removal

This consent approves the removal of the Umbrella tree located within the property.

(20) Footpath, kerb and gutter protection

In order to protect any State Survey Marks, any sandstone kerb and gutter, or any other items considered to have Heritage value, and to keep the area safe for pedestrians, the vehicular access across the kerb, gutter and footpath is to have timber protection so that heavy vehicles driving over this timber crossover protection do not damage the footpath and kerb and gutter.

Please note: any damage to the existing sandstone kerb will be require the replacement of each damaged sandstone block, Council will not permit patching of its sandstone kerb.

(21) Road opening permit- Council controlled lands

A “road use-opening permit” shall be obtained for all works carried out in public or Council controlled lands. Contact Council’s Works and Infrastructure Department for details.

(22) 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.

(23) Engineering staff to inspect roadworks/drainage

An inspection by Council’s staff will be required for (kerb/gutter/crossing and any works associated with Council’s stormwater line) at the following stages:

(i) After excavation.

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

(iii) After placement of road base course.

(iv) After pipes have been laid and prior to backfilling.

(v) On completion of 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.

(24) Stormwater runoff-collection/discharge

Stormwater runoff from all roof and paved areas including the overflow from rainwater tanks shall be collected and discharged by means of a gravity pipe system to, Council’s kerb and gutter in Hugh Street. Please note any redundant stormwater outlets located on Council property must be replaced with concrete footpath and kerb.

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.

(2) Footpath, kerb and gutter reconstruction

The public footpath and verge outside the site in Hugh Street 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.

(3) Redundant vehicular crossings-removal and replacements

The redundant vehicular crossings adjacent to the rear lane 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.

(4) Vehicle access driveway

A new vehicular access driveway shall be constructed adjacent to the existing garage in the rear lane 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.

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. single dwelling-house without the prior consent of the Council.

(2) Air conditioning noise

The operation of the proposed air-conditioning unit shall not exceed 5dB(A) above the ambient background noise level at daytime when measured at the boundary of the premises and it is not to be audible/heard within any affected premises or residences (night time) after 10.00pm and before 7.00am on weekdays and after 10.00pm and before 8.00am on weekend or public holidays (regardless of whether any door or window to that room is open)

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.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 May 2011

CM10.5

Subject DEVELOPMENT APPLICATION: 10.2011.075.1
103 RAMSAY STREET, HABERFIELD

File Ref DA 10.2011.075

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 existing building to include a first floor addition to create a new dwelling at 103 Ramsay Street, Haberfield.

Existing building consists of a single storey retail shop with two car parking spaces at the rear of the building adjacent to the existing laneway. The building is distinctive, being the only single storey premises in the long row of two storey commercial buildings along the northern side of Ramsay Street.

A first floor addition to accommodate a residential component for the building is proposed.

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 : Mr K M Zeaiter

Owner : Mr K M & Mrs L Zeaiter

Value of work : $127,000.00

Lot/DP : LOT: 1 DP: 176180

Date lodged : 31/03/2011

Date of last amendment : Not applicable

Building classification : 1a

Application Type : Local

Construction Certificate : No

Section 94 Levy : Yes

4.0 Site and Surrounding Development

The subject site is located on the north-eastern side of Ramsay Street, bounded by Dalhousie Street to the north and Kingston Street to the south. The site area is approximately 182.50 square metres. An existing single storey building comprising a coffee shop is located on the site. Surrounding development comprises mixed use and commercial buildings along Ramsay Street with residential properties located to the rear along Dickson Street on the opposite side of the rear lane. 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
10.2007.48	08/02/2008	Use of Council’s footpath for outdoor dining.	Approved
10.2005.179	17/05/2006	Use of Council footpath for outdoor purposes.	Refused
10.2004.161.3	01/06/2006	Amending to the operating hours.	Approved
10.2004.161.2	06/01/2005	Modification to consent for coffee lounge and snack bar.	Approved
10.2004.161.	14/09/2004	Alterations and additions to the existing building and change to a coffee lounge and snack bar.	Approved
10.2000.345	08/12/2000	Change of use to office and showroom (wardrobes display).	Approved
5.1994.216	01/09/1994	Unisex hairdressing salon.	Approved
5.1993.290		Paint rear shed and fire rate shed to extend to coffee lounge.	Withdrawn
5.1993.47			Approved
6.1990.116	01/05/1990	Alterations to shop.	Approved

Previous consents have been noted in the assessment of the current proposal. In particular it was noted that the use of the ground floor premises as a coffee shop was approved recently.

Assessment

6.0 Zoning/Permissibility/Heritage

· The site is zoned 3(a) - General Business under the provisions of Ashfield LEP 1985.

· The property is located within the Haberfield Heritage Conservation Area.

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)

The proposal generally complies with the provisions of the Ashfield Local Environmental Plan LEP 1985 with the exception of the maximum permitted floor space ratio Clause 17(2) of the Ashfield LEP 1985 which permits a maximum floor space ratio (FSR) of 1:1. The proposed FSR is 1.24:1 which exceeds the maximum permitted FSR by 0.24:1. In accordance with Clause 40(1)(a) of the Ashfield LEP 1985, mixed-use buildings with the Haberfield Heritage Conservation Area do not attract any floor space ratio bonus. The existing single storey building has an area of 152 square metres which equates to a floor space ratio of 0.83:1.

The applicant has submitted a SEPP No.1 objection to this development standard. This objection contends that the imposition of this development standard (Clause 17(2) of the Ashfield LEP) is unreasonable and unjustifiable in this instance. See Section 7.3.1 of this report for further details.

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. 1 – Development Standards

The maximum allowable FSR for the site is 1:1 pursuant to Clause 17(2) of the Ashfield LEP 1985. The proposal exceeds this requirement by 0.24:1

An objection under State Environmental Planning Policy (SEPP) No.1 has been received arguing that the requirements of Clause 17(2) are unreasonable in this particular instance.

A copy of this objection is included at Attachment 3. Arguments contained in the submitted SEPP No.1 objection to justify the proposal include:

· The proposed first floor addition is very modest in size and a small increase in floor area is required to produce a reasonable standard of accommodation and this cannot be achieved without non-compliance with the Ashfield LEP’s floor space controls;

· The development does not have a residence associated with the existing retail shop, which is a strong characteristic for the area. This would disadvantage the property in relation to all other surrounding buildings;

· The proposed development does not result in any unreasonable impacts on the amenity of adjoining properties in terms of overshadowing, privacy, loss of views or loss of daylight, given the built form and characteristics of the surround area as a result of non-compliance with the permissible FSR;

· The proposed development complies with the building envelop established by adjoining original and recent development within the surrounding area; and

· The resultant development cannot be considered to be overdevelopment. The development produces FSR of 1.24:1 which is similar to development that have been previously approved within the vicinity of the subject property.

The Ashfield LEP 1985 does not outline specific objectives for the floor space controls of Clause 17. However, the floor space controls aim to limit the bulk and scale of buildings relative to that of surrounding buildings. It considered that the proposed development is comparable in bulk and scale to buildings in its vicinity.

The current development application proposes a FSR of 1.24:1 which is similar to the development at 129 Ramsay Street approved by Council in 2003 which also has a FSR of 1.24:1. As such it is considered that the comparison to 129 Ramsay Street is justifiable.

This objection is considered to be well founded and full compliance with this development standard is unreasonable in this instance. It is therefore recommended that Council support the submitted SEPP No.1 objection to Clause 17(2) of the Ashfield LEP 1985.

State Environmental Planning Policy No. 22 – Shops and Commercial Premises

Not applicable as no change of use is proposed for the ground floor shop.

State Environmental Planning Policy No. 55 – Remediation of land

Given the site’s history remediation of the site is not required prior to the carrying out of the proposed development.

State Environmental Planning Policy No. 64 – Advertising and Signage

Not applicable. No additional signage for the coffee shop is proposed with this application.

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

Not applicable.

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	No works to current access arrangements into the existing retail shop are proposed with this application.
C7	HABERFIELD HERITAGE CONSERVATION AREA	The proposal complies with the aims and applicable controls of the DCP.
C10	HERITAGE CONSERVATION	The proposal satisfies the aims and objectives of this part. It is considered that the proposed work will not unduly impact on the significance of the Haberfield Heritage Conservation Area.
C11	PARKING	The proposal will require the provision of an additional car parking space to accommodate the proposed dwelling unit. However, the proposal does not provide an additional car parking space on site. The proposal is for a dwelling unit which is to be used in conjunction with the existing commercial use. The operator of the existing commercial use will also occupy the residential unit thus not requiring an additional car parking space.
C12	PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT	The proposal was notified in accordance with this section of the DCP.
C15	HOUSES & DUAL OCCUPANCIES	Doe not apply to commercial zones.

Ecologically Sustainable Development

A BASIX Certificate, detailing thermal and energy conservation requirements, 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.

An assessment of the proposal’s impact on the amenity of neighbours was also considered in the assessment of the application. Given the distance from the deck to the residential dwelling houses to the rear, as well as the existing location of several trees and outbuildings, it is considered that the proposal will not impact on the privacy of these rear neighbours. The installation of privacy screens will limit overlooking impacts to the side of the property.

Additional overshadowing of the neighbouring properties will be generated by the proposed development. However, given the site’s location in relation to north, the overshadowing of the side neighbours will be minimal. In addition, the majority of shadows cast will be directed onto an existing garage at 105 Ramsay Street and existing carpark at 101 Ramsay Street.

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 small size of the subject allotment does restrict the development potential of the site.

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, the Haberfield Association and Councillors from 5 April 2011 until 27 April 2011.

7.7.1 Summary of submissions

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

7.8 The public interest

It is considered that the approval of the development would not be in the public interest.

8.0 Referrals

8.1 Internal

Heritage Adviser

Council’s Heritage Adviser is supportive of the application and has suggested that the parapet set above the front wall of the new bedroom 1 at the upper level should not have the proposed embellishing render and should have a simple parapet of plain design continuing full width at the lowest line shown in the present parapet design. He has also recommended the installation of an awning to shelter the double doors opening to the new terrace area behind building’s existing parapet. The awning could be full width. A condition of consent B(1) has been included in the recommendation which requires these amendments. Comments from Council’s Heritage Adviser are included at Attachment 4.

Building

Concerns were raised by Council’s building surveyor regarding non compliance with BCA requirements in respect to separate access to the residence. In this respect a condition of consent has been imposed addressing this issue.

Engineering

No objections were raised to the proposal subject to conditions.

Environmental Health

Raised no objections subject to the following; which has been conditioned:

· No food or equipment to be stored in the rear garage.

· No air conditioning condenser permitted on the front awning

· All waste bins shall be stored within the garage area at all times.

· Washing of waste bins to be undertaken inside the garage and waste water directed to sewer in accordance with Sydney Water requirements.

· Residential flat to have a separate access.

· Provisions with kitchen exhaust through unit.

· Applicant to overcome problems of Kitchen exhaust duct penetrating through residential unit.

· Problems associated with tenant of the residential flat having direct access to ground floor kitchen.

9.0 Other Relevant Matters

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

Section 94 Contributions are applicable. The proposed residence has a floor area of 76.10 m² therefore a Section 94 contribution fee of $13,918.46 is applicable.

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	SEPP 1 Objection	4 Pages
Attachment 4	Heritage Advice	1 Page

RECOMMENDATION

1/2 That the objection to Clause 17(2) of the Ashfield Local Environmental Plan 1985 (as amended), lodged pursuant to State Environmental Planning Policy No. 1, is considered to be well-founded and it is recommended that the objection be supported; and

2/2 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.10.2011.75.1 for alterations and addition to existing building to include a first floor addition to create a new dwelling on Lot 1 in DP: 176180 , known as 103 Ramsay Street, Haberfield, 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 SWP, SCP, PSD1 and A01 prepared by Interplan Design and date stamped by Council 31 March 2011 and any supporting documentation received with the application, except as amended by the conditions specified hereunder.

B Design Changes

(1) Amended plans

The following design changes shall be made to the proposal;

(a) The parapet set above the front wall of the new bedroom 1 at the upper level shall not have the proposed embellishing render and shall have a simple parapet of plain design continuing full width at the lowest line shown in the present parapet design.

(b) A full width awning shall be installed to shelter the double doors opening to the new terrace area behind building’s existing parapet.

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) Damage deposit/footpath, road, kerb and gutter

A Damage Deposit of $3,000 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.

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

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.

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.

(3) Section 94 Development Contributions

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

	CONTRIBUTIONS (NEW DEVELOPMENT)			TOTAL
	<TYPE OF DEVELOPMENT>	<TYPE OF DEVELOPMENT>	Sub-Total	TOTAL
Number of Dwellings / Beds or GFA	1 dwelling	76.10m² of residential	$13,918.46	$13,918.46
TOTAL				$13,918.46

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:

$C_C	=	$ C_P x CPI_C
		CPI_P

Where:

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

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

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

CPI_P 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.

(4) Long service levy

(5) 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.

(6) Footpath/laneway – photographs to be submitted

Prior to the release of the Construction Certificate, the applicant shall lodge with Council photographs of the roadway and footpath at the property both on Ramsay Street and the rear lane 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.

(7) Kitchen Exhaust Duct details

Details of the kitchen exhaust duct through the residential dwelling shall be submitted and be in accordance with the BCA prior to release of construction certificate.

D Conditions that must be complied with before work commences

(1) Notice of Commencement – Notification of Works

(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

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

(3) Inspections required by Principal Certifying Authority

(4) Erosion, dust, topsoil and sediment control

(5) Building location - check survey certificate

(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.

(6) Crane permit

Should the applicant need to use a crane during the course of building, it will be necessary to first obtain a “Crane Permit” from Council’s One Stop Shop. A fee of is payable for the permit. The approval of other authorities (e.g. Police Department, RTA) may be required for the use of a crane.

(7) Site fencing/security

(8) Asbestos sheeting removal - EPA/Workcover Authority

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

(9) Sydney Water approval

(10) Structural engineer’s certificate - superimposed loads

A practicing structural engineer’s certificate to be submitted to the Principal Certifying Authority with the Construction Certificate application certifying that the existing dwelling is structurally capable of supporting the superimposed loads of the addition prior to commencement of any building work.

(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) 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) Spoil and building materials on road and footpath

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.

(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

(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

(6) 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 this consent.

(7) Footpath, kerb and gutter protection

The applicant is to take all precautions to ensure footpaths and roads are kept in a safe condition and to prevent damage to Council's property.

Pedestrian access across this footpath must be maintained in good order at all times during work. Any damage caused will be made good by Council at Council's restoration rates, at the applicant's expense.

(8) 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 Infrastructure Services Department for details

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

The roof area for all the external additions shall be provided with a complete guttering and drainage system. Roofwater shall be disposed of by approved

drainage lines discharging into the rear lane.

(10) 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’.

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.

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

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.

(12) Safety Glazing - BCA

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.

(13) 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.

(14) 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 11 December 2009 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

The following conditions are required to be complied with:

· No food or equipment shall be stored in the rear garage;

· No air conditioning condenser is permitted on the front awning;

· All waste bins shall be stored within the garage area at all times; and

· Washing of waste bins shall be undertaken inside the garage and waste water shall be directed to sewer in accordance with Sydney Water requirements.

I Advisory Notes

(1) Modifications to your consent - prior approval required

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

Non compliance with the BCA- Advice

Examination of the plans has revealed that the proposed egress from the residential premises above into the shop below, does not satisfy the provisions of Part D of the Building Code of Australia 2010 and that a redesign of the plans may be required prior to the approval of the Construction Certificate.

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 3(a) General Business and the proposal is permissible with Council consent.

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.

Does not comply.

Site Area = 182.50m²

Gross Floor Area = 226.30 m²

Existing FSR = 0.83:1

Proposed FSR = 1.24:1

Maximum FSR = 1:1

See section 7.1.3 of the report.

CLAUSE 29

Provision for public amenities and services

The demand for public amenities and public services will increase as a result of this proposal. Consequently, a contribution will be applied under Council’s Section 94 Plan.

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

(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

Requirement for development consent

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

Development consent not required

Not applicable.

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 conservation area.

Requirement for conservation plan or heritage impact statement

Complies. A heritage impact report has been submitted and has been used in the assessment of the application.

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 7.3 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

Complies. The proposal retains the original features of the facade and will not detract from the form or character of the existing building or its setting.

(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.

Complies. It is considered that the proposed work does not constitute a danger to any person.

(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.

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 39B

Mixed development in commercial zones – generally

Complies. This Clause permits the carrying out of mixed development (being development for residential purposes that is not linked to a commercial use) in 3(a) zone.

CLAUSE 40

Mixed development on certain land – floor space concessions

Not applicable. The bonus floor space ratio does not apply to any land within Haberfield Heritage Conservation Area.

MODEL PROVISIONS

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

The rear of the site has car parking/loading for at least two vehicles.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 May 2011

CM10.6

Subject DEVELOPMENT APPLICATION: 10.2011.063.1
4/95 EDWIN STREET NORTH, CROYDON

File Ref 10.2011.063

Prepared by William Daskalopoulos - Development Assessment Officer

Reasons Matter referred to Council for 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 for the use of the premises for the purposes of a remedial massage.

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 : Mr H R

Owner : Mr L Soueid

Value of work : $3,000

Lot/DP : LOT: 4 SP: 74482

Date lodged : 14/03/2011

Date of last amendment : N/A

Building classification : 6

Application Type : Local

Construction Certificate : No

Section 94A Levy : No

4.0 Site and Surrounding Development

The subject site is located on the eastern side of Edwin Street North, bounded by Elizabeth Street to the north and Hennessy Street to the south. The site area is approximately 165.94 square metres. An existing two storey mixed commercial residential development is located on the site. Surrounding development comprises mainly commercial buildings, however, there are residential buildings to the east. 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
D/A 2001/327	8/5/2002	Additions to mixed development	Approved
D/A 2004/202	15/10/2004	Strata subdivision of mixed development	Approved

Previous consents are relevant to the current proposal as they show the history of the property as a mixed commercial and residential development.

Assessment

6.0 Zoning/Permissibility/Heritage

· The site is zoned 3(a) - General Business under the provisions of Ashfield LEP 1985.

· The property is located within a proposed Heritage Conservation Area.

· The property is not a heritage item.

· The property is located within the vicinity of a heritage items at 105 to 111 Edwin Street North, however, the development will have no adverse impact on those heritage items.

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

7.1.3 State Environmental Planning Policies

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 No. 64 – Advertising and Signage

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	Complies. Access for people with disabilities is provided.
C2	ADVERTISEMENTS AND ADVERTISING STRUCTURES	Generally complies. See comments below.
C11	PARKING	Generally complies. See comments below.
C12	PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT	Complies. The application was notified as required by this part.

Part C1 Report:

Section 4.5 states that where there is a change in building use without any building work proposed then the owner is to be advised of the obligations imposed by the Disability Discrimination Act.

The applicant proposes to do some minor work to provide two partitions and as the proposed development is on ground level a condition will be imposed that requires full accessibility to be provided.

Part C2 Report:

The proposed fascia sign is replacing a similar fascia sign. Council’s Heritage Adviser has no objection to the proposed signage. The fascia sign complies with Part C2.

Part C11 Report:

The proposed development has one car space for two employees. Part C11 excludes the need for additional parking within the Croydon Town Centre where there is a change of use and no additional gross floor area is proposed.

The development is for a change of use with no additional floor area proposed therefore no additional parking is required. In addition, the property is located about 100 metres from Croydon Railway Station, therefore public transport is in close proximity to the subject property.

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.

The proposed hours of operation are from 10.00am to 8.30pm seven (7) days per week. It is also proposed that there will be a total of two (2) employees on site at any one time.

The applicant has indicated that the proposal is for remedial massage. Remedial massage is treatment used to aid patients in recovery from physical injury, chronic disorders and musculo-skeletal disorders. It makes use of passive movements and joint mobilising techniques. A statement of environmental effects has been submitted including copies of five certificates from the Australian College of Massage.

The assessment officer has checked the applicant’s qualifications with the Australian College of Massage. It was revealed that the applicant has to complete one more subject for satisfactory completion of the therapeutic massage course. A condition will be imposed that prior to the issue of a construction certificate the applicant shall submit to Council written confirmation from the Australian College of Massage that all the required subjects in the therapeutic massage course have been completed successfully.

The application was also referred to Ashfield Local Area Command (POLICE) for comments on 30 March 2011with a further letter sent on 11 April 2011 requesting a police report to be submitted to Council by 25 April 201, however, no report has been received from the Police to date. It is considered that sufficient time has been given to Police to provide comments and as such it is appropriate that the application now be determined.

Notwithstanding the above, in the past with similar applications NSW Police have recommended the installation CCTV surveillance. A condition of consent has been included to this effect.

The layout of the floor area consists of (2) cubicles for treatment areas, a reception, kitchen and WC. A condition will be imposed to have curtains around the treatment area as a measure to ensure the rooms are used only for remedial therapeutic message.

There is one parking space available for employees. The subject site is in close proximity to public transport and within 100 metres of Croydon Railway Station.

In the past Council has taken a cautious approach to such uses to evaluate the impact on the locality therefore a trial period of 12 months is proposed in order to evaluate the impact of the use in respect to safety, security and crime prevention.

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, occupants, and Councillors from 29 March 2011 until 14 April 2011.

7.7.1 Summary of submissions

Four submissions (refer to Attachment 4) were received during the notification of the development application.

Submissions
Comber Consultants Pty Ltd , 99 Edwin Street North, Croydon
Matthew Del Nuevo , 2/95 Edwin Street North, Croydon
Mary and Wendy Tan, Ron Edgar and Alex Birrell, 29 Lockville Street, Wahroonga
Patrick O’Carrigan and Partners, 99 Edwin Street North, Croydon

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

· Premises could be uses for sexual services especially with a rear lane access.

Officer Comment:

A condition has been included in the recommendation which prohibits the use of the rear door as an entrance/exit by clients. A 12 month trial for the use is proposed to monitor the activity and any issues regarding its impacts upon the local community. There is also a standard condition recommended that no sexual services be permitted on the premises at any time.

· The use as a bona fide remedial massage business is not commercially viable with only 2 rooms.

Officer Comment:

The issue of the viability of the business is not a relevant planning consideration.

· Work spaces for massage rooms appear too small.

Officer Comment: It is considered that the work spaces are of sufficient size.

· It is possible for the storeroom to be used for sexual services.

Officer Comment:

Refer to previous comments.

· The kitchen could be used for sexual services.

Officer Comment:

Refer to previous comments.

· The trading hours seem incompatible with a bona fide remedial massage business.

Officer Comment:

The trading hours from 10am to 8.30pm 7 days per week are reasonable and not considered excessive for a remedial massage business.

· The use of the premises as a brothel will affect security and send other businesses elsewhere.

Officer Comment:

The applicant has not applied for a brothel use and if the business is used in accordance with the recommended conditions of consent there should be no issue with security or impact on other businesses.

Has the applicant completed an approved course in therapeutic massage?

Officer Comment:

The applicant has completed seven subjects of a therapeutic massage course at the Australian College of Massage. One further subject is required to complete of the course. A deferred commencement condition is included in relation to the completion of the course and the release of the operational consent.

7.8 The public interest

Matters of the public interest have been taken into consideration in the assessment of this application. The proposal is an acceptable use which, if operated in accordance with the consent, will have very little impact upon the locality.

8.0 Referrals

8.1 Internal

Council’s Heritage Adviser. Council’s Heritage Adviser has raised no objection to the proposed development (refer to Attachment 3 for comments).

8.2 External

NSW Police - Design for crime prevention:

Despite the assessment officer making two requests, NSW Police have not responded with any comments on the application.

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

Nil.

Section 94A Contributions are not applicable as the value of the work is under $100,000

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.

In the past Council has taken a cautious approach to such uses and therefore it is considered that the consent be limited to twelve months (trial period) to monitor the proposal, prior to granting full consent.

Therefore, the development is recommended for conditional approval for a period of twelve (12) months.

ATTACHMENTS

Attachment 1View	Plans of Proposal	7 Pages
Attachment 2View	Locality Map	1 Page
Attachment 3View	Heritage Advice	1 Page
Attachment 4	Submissions	9 Pages

RECOMMENDATION

Part A

1/1 Pursuant to Clause 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) Council grants "Deferred Commencement" consent in relation to Development Application No.10.2011.63.1 for the use and construction of alterations to a commercial building to be used for remedial massage on the ground floor on Lot 4 in DP: 74482, known as 4/95 Edwin Street Croydon.

The deferred commencement condition is as follows:

1.` The applicant shall submit to Council written confirmation from Australian College of Massage that all the required subjects to obtain the qualification to practice therapeutic massage have been completed successfully.

Upon Council's written approval of satisfactory compliance with the deferred commencement matter listed in Part A above, the development consent will become operative, subject to the conditions in Part B below. The matter stated above shall be complied within 6 months from the date the deferred commencement being issued.

Part B

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 1,2,3,4,5 and 6 of 6 prepared by BR Building Services and date stamped by Council 14 March 2011 and any supporting documentation received with the application, except as amended by the conditions specified hereunder.

(2) Time limited consent

This approval is for a period of 12 months commencing from the date of the issue of the Construction Certificate. A further development application to Council is required to continue the use beyond the 12 month period.

(6) Display of qualification

Each employee providing massage shall be appropriately qualified and hold a certificate from the Australian College of Massage. The certificate shall be displayed in each therapy room.

(7) Shop Front

(a) The owner/manager of the building shall ensure that the entire building facade shall be kept in a clean, tidy and well maintained condition free of signage/advertisement and utilities such as air-conditioning at all times.

(b) Shop front glazing must be clear and untinted and must not contain any form of signage including advertisements, posters and the like with the exception of approved signage.

(c) Security roller shutters must not be installed on the outside of the shop front. Any security grill to be located on the inside of the shop front must be an open grille and see through and not a solid metal type. Details are to be submitted to Council or the Certifying Authority prior to a Construction Certificate being issued.

(8) Removal of graffiti

The owner/manager of the site must be responsible for the removal of all graffiti from the building within 48 hours of its application.

B Design Changes

(1) Removal of walls from the therapy rooms

The proposed walls to each therapy room shall be removed and replaces by curtains as shown in red on the approved plans.

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

Nil

D Conditions that must be complied with before work commences

(1) Notice of Commencement - Notification of Works

(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

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

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

(4) 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.

E Conditions that must be complied with during construction or demolition

(1) 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.

(2) 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

(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.

(3) Matching materials - repairs to fabric

Matching materials are to be used in repairing the fabric of external surfaces.

(4) 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 pm on Saturday. Work is prohibited on Sundays, and on public holidays.

(5) Soap/towel dispenser

A liquid soap dispenser and paper towel dispenser shall be provided above or adjacent to the wash hand basin.

(6) Wash basin

The wash hand basin shall be provided with an adequate supply of hot and cold water through an approved mixing device.

(8) Air conditioning units:

Air conditioning units are not permitted on the shopfront, or above the awning.

The prior written approval of Council is required prior to the installation of any air conditioning units.

E Conditions that must be complied with during construction or demolition

(1) 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.

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

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) Trade waste/disposal

Arrangements for the proper storage and disposal of any trade waste to be made prior to the occupation of the premises.

(2) Approval to use/occupy building

The building or any part thereof must not be used or occupied until an Occupation Certificate has been issued for the class 2-9 buildings, or a completion inspection, has been satisfactorily carried out for class 1&10 structures.

(3) Access for disable persons

Access for disabled persons shall be provided to the building in accordance with Australian Standard 1428.1.

H Conditions that are ongoing requirements of development consents

(1) Surveillance

A surveillance system, for the building is to be designed by a professionally recognised security firm and details to be provided to Ashfield police, which will include the following:

" A closed circuit television (surveillance cameras):

" The reception area to have the control panels: and

" Surveillance of all entry and exit points of the building

Digital data 'on disc' are to be properly stored and retained on site for a minimum of twenty one (21) days for the availability of Council or NSW Police.

(2) Retain amenity

The use is to be conducted at all times without interference to the amenity of the area.

(3) Hours of operation

The hours of operation are limited to the following:

Monday to Friday 10am to 8.30pm

Saturday 10am to 8.30pm

Sunday 10am to 8.30pm

(4) Maximum number of employees

The maximum number of employees on the premises is not to exceed two (2) at any time.

(5) Sexual services prohibited

At no time shall any sexual activities or any activities defined as 'prostitution' under the Summary Offences Act 1988 take place on the site and the premises shall not be used as a Brothel.

(6) Skin penetration

No Skin penetration procedure (as defined by section 51(3) of the Public Health Act, 1991) shall be undertaken at any time as part of the consent.

(7) Entrance for customers from front entrance only.

The rear exit door shall not be used as an entrance or exit for customers.

I Advisory Notes

(1) Compliance with the Disability Discrimination Act - liability

This decision does not ensure compliance with the Disability Discrimination Act. The owner, lessee, operator and/or manager of the premises are advised that under the Disability Discrimination Act 1992, it is illegal to discriminate against a person with a disability by means of restricting access to or within the building. If access is restricted the owner, lessee, operator and/or manager of the premises may be liable for prosecution and/or a successful appeal to the Human Rights and Equal Opportunities Commission. You should therefore investigate your liability under that Act. Australian Standard 1428 - Design for Access and Mobility, Parts 2, 3 and 4 may assist in determining compliance with the Disability Discrimination Act 1992.

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

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

CLAUSE 10

Zoning

Complies. The property is zoned 3(a) and the proposal is permissible with Council consent.

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 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.

CLAUSE 18

Development for the purpose of advertisements

Complies. The proposed advertisement is permissible with Council consent and meets the specified conditions of Ashfield LEP 1985.

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

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

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

CLAUSE 37A

Conservation incentives

Not applicable.

CLAUSE 39B

Mixed development in commercial zones – generally

Complies.

CLAUSE 40

Mixed development on certain land – floor space concessions.

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.

The alterations to the property are mainly internal except for signage. There will be no adverse visual impact on the streetscape or when viewed from any public property.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 May 2011

CM10.7

Subject DEVELOPMENT APPLICATION: 10.2011.077.1
24 WATTLE STREET, HABERFIELD

File Ref DA 10.2011.077

Prepared by Daisy Younan - Development Assessment Officer

Reasons Matter referred to Council for 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 for:

1. Demolition of the rear portion of the existing dwelling;

2. Demolition of the existing carport located at the rear of the property;

3. Alterations and additions to the existing dwelling house including the construction of a rear addition;

4. Construction of a new garage and a secondary dwelling (otherwise known as a granny flat); and

5. The removal of 6 fruit trees.

Council’s approval for the detached secondary dwelling is sought under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009. Refer to Attachment 1 – Plans.

It is noted that this is the first application pursuant to the above SEPP for a detached secondary dwelling in Haberfield.

1.1 Background

The applicant initially submitted a proposal to construct a detached granny flat at the rear of the subject site without providing details under which planning instrument approval was being sought.

In this respect, the applicant was informed that pursuant to Ashfield Local Environmental Plan 1985 Clause 13 does not permit the construction of a detached granny flat in conservation areas and that the proposal should be revised to achieve compliance.

Subsequently, amended documentations and plans have been submitted to Council addressing this issue. The applicant has indicated that the detached secondary dwelling is sought under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009. Refer to Clause 7.1.3 of this report for further comments.

2.0 Summary Recommendation

The proposed alterations and additions are mainly to the rear of the property and as such the front façade is proposed to remain unchanged keeping the qualities and fabric which contribute to the character and identity of the Haberfield heritage conservation area.

The proposed rear addition does not dominate or compete with the original shape, height, proportion or scale of the existing building as it is set lower than the roof ridge of the original front section of the dwelling house.

The following compliance table outlines the proposal’s numerical compliance against Council’s planning controls:

Compliance Table
Controls	Required	Existing	Proposed	Does proposal comply?
Total/Soft Landscaped Area	Min 50% of total site area (277.2m ²)	Approx 368.72m² 66.51%	Approx 291.59m² 51.3%	Yes
Floor Space Ratio	Maximum 50% (277.2m² of gross floor area)	23.43% (129.91m² of Gross Floor Area)	49.25% (273.06m² (of gross floor area including granny flat)	Yes
Height	Maximum permitted height 2 storeys (6m)	Single storey	Single Storey with an attic within the existing roof space	Yes

The application has been referred to Council’s stormwater engineer. It was recommended that an on-site detention tank system for stormwater drainage be provided on site. Given that the site area is relatively small it is important that the design of the drainage system does not detract from the proposal so the development has been recommended for deferred commencement consent with the following deferred commencement condition to be satisfied prior to the release of an operational consent:

1. Stormwater drainage

"Storm water drainage is to be carried out in accordance with Clause No. 4.2 of Ashfield Stormwater Management Code. For the Deferred Commencement Consent to become operational, a Stormwater Drainage Concept Plan demonstrating the proposed On-Site Stormwater Detention drainage system is to be submitted to Council for approval".

3.0 Application Details

Applicant : Mr G Arlotta

Owner : Mr G Arlotta & Ms M D Macri

Value of work : $475,900

Lot/DP : LOT: 17 DP: 4612

Date lodged : 01/04/2011

Date of last amendment : N/A

Application Type : Local

Construction Certificate : No

Section 94A Levy : Yes

4.0 Site and Surrounding Development

The subject site is located on the northern side of Wattle Street, bounded by Parramatta Road to the west and Ash Lane to the east. The site area is approximately 554.4 square metres. An existing single storey dwelling house and a carport is located on the site. Surrounding development comprises residential establishments. Refer to Attachment 2 – Locality Map

5.0 Development History

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

NO.	DATE	PROPOSAL	DECISION
6.1976.64	06/04/1976	Garage	Approved

The approved garage has been demolished at some stage, however, no records of any demolition application were found. The garage has been replaced by a carport which is proposed to be demolished as part of this application.

Assessment

6.0 Zoning/Permissibility/Heritage

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

· The property is located within the Haberfield Conservation Area.

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)

The proposed alterations and additions are located to the rear of the property thus not changing the streetscape character. The only work involved to front of the premises is the replacement of the existing roof tiles with slates to which Council’ Heritage Adviser has not raised any objection.

The proposed development will result in a Gross Floor Area of approximately 273.06m² thus equating to a Floor Space Ratio of approximately 49.25%. The proposal complies with the maximum Floor Space Ratio of 50% permitted under Clause 35(2) of Ashfield Local Environmental Plan 1985.

In addition, the proposed development will result in landscaped area of approximately 291.59m² (51.3%). The proposed landscaped area, complies with the minimum landscaped area of 50% required under Clause 35(2) of Ashfield Local Environmental Plan 1985.

The proposed rear addition is set lower than the roof ridge of the principal dwelling and therefore does not dominate or compete with the original shape, height, proportion or scale of the existing building.

The construction of a detached granny flat in a conservation area is not supported in Council’s LEP. Clause No 13 of Ashfield Local Environmental Plan 1985 states the following:

13 Dwelling-houses—dual occupancy

(1) Subject to subclauses (2) and (3), a person may, with the consent of the Council, within Zone No 2 (a), 2 (b) or 2 (c):

(a) alter or add to a dwelling-house erected on an allotment so as to create 2 dwellings, or

(b) erect 2 attached dwellings on an allotment, or

(c) erect 2 dwelling-houses on an allotment, or

(d) erect a second dwelling-house in addition to one already erected on an allotment, or

(e) alter or add to a dwelling-house or to any other building erected on an allotment so as to create 2 dwelling-houses, if, but only if, not more than 2 dwellings will be on the allotment as a result of the development being carried out.

(2) Development allowed by this clause may be carried out in a heritage conservation area within the meaning of Part 4 only if that development will result in two attached dwellings.

(3) The Council may refuse consent for any such development if it considers the proposal will have an adverse impact on the significance of any heritage conservation area or heritage item.

Notwithstanding Clause No. 13 of Ashfield LEP 1985, detached secondary dwellings may be consented to pursuant to the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009.

Development for the purpose of a secondary dwelling is permissible under division 2, part 2 of the State Environmental Planning Policy (Affordable Rental Housing) 2009. Clause No. 19 of that policy identifies a secondary dwelling as per its definition in the standard instrument which is as follows:

Secondary Dwelling means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principal dwelling), and

(b) is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and

(c) is located within, or is attached to, or is separate from, the principal dwelling.

Despite the fact that Clause No. 13 of Ashfield LEP 1985 does not support detached granny flats in heritage areas, the definition of a secondary dwelling in the State Environmental Planning Policy (Affordable Rental Housing) 2009 indicates the secondary dwelling can be detached.

Clause No. 22 of State Environmental Planning Policy (Affordable Rental Housing) 2009 states the following:

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

(a) site area
if:

(i) the secondary dwelling is located within, or is attached to, the principal dwelling, or

(ii) the site area is at least 450 square metres,

(b) parking
if no additional parking is to be provided on the site.

(5) 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 (4).

Further, Clause 8 of the above state policy states the following:

If there is an inconsistency between this Policy and any other environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.

Therefore in this instance, the State Environmental Planning Policy (Affordable rental Housing) 2009 prevails.

The proposed detached secondary dwelling achieves the objectives of the State Environmental Planning Policy (Affordable Rental Housing) 2009 and can be approved in this instance. Refer to clause 7.1.3 for further comments regarding the performance of the proposed secondary dwelling against the above state policy.

Legal advice has been obtained in relation to the application of State Environmental Planning Policy (Affordable Rental Housing) 2009 and the Council’s Local Environmental Plan in relation to a proposed detached secondary dwelling (granny flat) in a conservation area (refer to attachment provided under separate cover).

The legal advice has indicated that where there is an inconsistency between Council’s LEP and the SEPP, the SEPP would prevail to the extent of that inconsistency. Accordingly, a detached secondary dwelling may be constructed within a conservation area.

The SEPP overcomes the permissibility issue but does not render the other relevant provisions in Clause 13 of LEP of no effect. Particularly clause 13(3) which states:-

“The council may refuse consent for such development if it considers the proposal will have an adverse impact on the significance of any heritage conservation area or heritage item”

The SEPP does not operate so as to override the Council’s LEP provisions totally. It is only where there is a direct conflict between a provision in the SEPP and the LEP that the SEPP prevails. Clause 13(3) would apply to any consideration of a proposal for a detached dwelling in the conservation area.

7.1.2 Regional Environmental Plans

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

7.1.3 State Environmental Planning Policies

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 (Building Sustainability Index: BASIX) 2004

Two certificates in accordance with Clause No. 3(1)(a) of the SEPP (BASIX) 2004 have been submitted as part of this application. A condition will be imposed on development consent requiring the proposed building works to comply with the commitments undertaken within the Basix Certificates obtained from the Department of Planning in accordance with the requirements of Part 1 of schedule1 of the Environmental Planning and Assessment Regulation 2000.

State Environmental Planning Policy (Affordable Rental Housing) 2009

The proposed detached secondary dwelling complies with Division 2 of the above policy as follows:

Compliance Table - State Environmental Planning Policy (Affordable Rental Housing) 2009

Division 2 Secondary dwellings

19 Definition

In this Division:

development for the purposes of a secondary dwelling includes the following:

(a) the erection of, or alterations or additions to, a secondary dwelling,

(b) alterations or additions to a principal dwelling for the purposes of a secondary dwelling.

Note.

The standard instrument defines secondary dwelling as follows:

secondary dwelling means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principal dwelling), and

(b) is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and

The proposed detached secondary dwelling at the rear of the property complies with its definition in the standard instrument as being referred to by Clause no. 19 of this policy.

20 Land to which Division applies

This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones, but only if development for the purposes of a dwelling house is permissible on the land:

(a) Zone R1 General Residential,

(b) Zone R2 Low Density Residential,

(c) Zone R3 Medium Density Residential,

(d) Zone R4 High Density Residential,

(e) Zone R5 Large Lot Residential.

The subject site is located in a 2(a) zone which is an equivalent zone to one of the named land use zones listed under Clause 20 of division 2 of part 2 of the SEPP, the proposed development complies with the provisions of Clause No. 20 of the SEPP.

21 Development to which Division applies

This Division applies to development, on land to which this Division applies, for the purposes of a secondary dwelling.

The proposed development complies with the provisions of Clause No. 20 of the SEPP.

22 Development may be carried out with consent

(1) Development to which this Division applies may be carried out with consent.

(2) A consent authority must not consent to development to which this Division applies if there is on the land, or if the development would result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling.

(3) A consent authority must not consent to development to which this Division applies unless:

(a) the total floor area of the principal dwelling and the secondary dwelling is no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument,

(b) the total floor area of the secondary

dwelling is no more than 60 square metres

or, if a greater floor area is permitted in

respect of a secondary dwelling on the land

under another environmental planning

instrument, that greater floor area.

(4)

(4) A consent authority must not refuse

consent to development to which this Division applies on either of the following grounds:

(a) site area if:

(i) the secondary dwelling is located

within, or is attached to, the principal

dwelling, or

(ii) the site area is at least 450

Square metres,

(b) parking
if no additional parking is to be provided on the site.

(5) 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 (4).

The proposed development involves construction of a detached secondary dwelling at the rear of the property and will not result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling. The proposal complies with the requirements of Clause No. 22(1) & (2).

Further, Ashfield LEP (an environmental planning instrument) outlines a maximum floor area of 50% for dwelling houses in Haberfield (Clause 35 of Ashfield LEP). The proposed development result in a FSR of 49.25% (273.06²) for the principal dwelling and the granny flat combined.

The proposed development complies with Clause 22(3)(a) of the Affordable Rental Housing SEPP.

The proposed granny flat has a Gross Floor Area of 40.97m² which complies with the provisions of Clause No. 22(3)(b) of the SEPP.

The proposal is for a detached secondary dwelling as per its definition under clause No. 19 of this SEPP. The SEPP does not prohibit a detached secondary dwelling in heritage conservation area or otherwise.

The total site area as indicated on the survey plan, submitted as part of this application, is 554.4m². Therefore, the proposal complies with the requirements of 22(4)(a)(ii);

The proposal does not provide for a new car parking space. Nevertheless, pursuant to Clause 22(4)(b) Council must not refuse consent to development for the purpose of a secondary dwelling on parking grounds.

Council is satisfied that the proposed secondary dwelling achieves the aims of this policy and as such the proposed secondary dwelling is consented to in accordance with Clause 22(5).

23 Complying development

Not applicable.

24 No subdivision

A consent authority must not consent to a development application that would result in any subdivision of a lot on which development for the purposes of a secondary dwelling has been carried out under this Division.

The proposed development does not seek subdivision of any type of the existing allotment.

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.

N/A

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:

C7	HABERFIELD HERITAGE CONSERVATION AREA	The proposed development involves alterations and additions mainly to the rear of the existing dwelling as well as construction of a detached building comprising a secondary dwelling and a single garage. Given the site coverage, the size of the rear addition, the generous size of the front and rear garden, the proposed development is considered to be similar to the traditional pattern of development established by the original development of the suburb. It does not dominate or compete with the original shape, height, proportion or scale of the existing building. Refer to Clause 7.1 of this report for further comments.
C11	PARKING	An existing carport is proposed to be demolished and replaced by the proposed garage/secondary dwelling. This will not result in any modifications to the existing car parking arrangement on site and off street car parking will still be provided. The proposed development complies with the car-parking requirements of Part C11 of Ashfield Development Control Plan 2007.
C12	PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT	See Clause No. 7.7
C15	HOUSES & DUAL OCCUPANCIES	Section 3 of the DCP, amongst other things, states that:- "In order to avoid potential amenity problems for neighbouring properties attached dual occupancies are preferred (mandatory in heritage conservation areas). This is because both dwellings can be designed to appear as one large dwelling, and there are no "isolated” houses placed where there would otherwise be rear gardens. Each dwelling can also have a front address and rear access to its own private garden. This fits in with the "pattern of development" and the "single house" look. There are some instances where small scale detached building, sometimes called a "granny flat" defined for the purposes of this DCP as being no greater than 40 sqm in area and a single storey at ground level, would not likely cause any amenity problems for neighbours. This is a desirable social principle for housing family members, and is also catered for in this section of DCP 2007." Further Clauses No. 3 and 4 of section 3 (Dual Occupancy Dwellings) of Part C15 of Ashfield DCP 2007 state the following: 3. Dual occupancies shall be attached buildings, so as to have the appearance of one house. Detached dwellings, e.g. placed at the rear of a site, are not permitted. 4. Clause 3 does not apply to “granny flats” which are no larger than 40sqm and are single storey. The proposed detached 40.9 sqm granny flat does not comply with this section. However, as indicated previously, State Environmental Planning Policy (Affordable rental Housing) 2009 prevails and permits the detached second dwelling. Please refer to clause 7.1.1 of this report for further comments. From a merit assessment, Section 3 (Dual Occupancy Dwellings) of Part C15 of Ashfield DCP 2007 confirms that the objectives of the attached dual occupancies requirement is to avoid potential amenity problems for neighbouring properties. The proposed granny flat/secondary dwelling being 40.9 sqm in area and having a frontage to a lane will not adversely impact on the amenity of adjoining properties or the locality. Due to the orientation of the subject site, the morning and midday shadows cast by the proposed rear addition on 21 June will fall towards the adjoining property at 22 Wattle Street. However, these shadows will occur within the shadow cast by the existing building and trees located on the subject site, existing garage and shed located on that adjoining property and the existing common boundary fence located between the two properties. The afternoon shadows will fall on the abovementioned structures located on the same adjoining property shortly after midday. The proposed development will not result in any further impact on the solar access currently enjoyed by that adjoining property at any time on 21 June. Further, the proposed development will have no impact on any north facing windows of any adjoining properties. Given the nature of the proposed development being of single storey construction with windows and doors mostly screened by the existing common boundary fences the proposed development will not result in any adverse amenity impact for adjoining properties. In addition, no privacy issues area raised. The proposed development complies with the solar access and other requirements of part C15 of Ashfield Development Control Plan 2007.

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. Necessary fire safety measures have been incorporated into the recommendation of this report as conditions.

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.

The plans submitted to Council indicate that there is an existing sewer line, assumed to be owned by Sydney Water, located approximately 1m from the rear property boundary and parallel to it. The proposed detached secondary dwelling/garage has been designed with that in mind and as such has been positioned so it has a clear setback of 2.815m from the rear property boundary and approximately 1.8m from the existing sewer line. This area between the secondary dwelling and the rear property boundary is suitable for use, despite there being no requirements, as a separate drying area and a private open space for the granny flat.

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, the Haberfield Association and Councillors from 06 April 2011 until 27 April 2011.

7.7.1 Summary of submissions

One submission was received during the notification of the development application; refer to Attachment 3.

Submissions

HABERFIELD ASSOCIATION

PO BOX 121

HABERFIELD 2045

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

Matters raised

1. Detached granny flat is not permissible in conservation areas;

2. Concerns are raised in relation to FSR non compliance;

3. Replacement of existing roof tiles with slate tiles.

Officer’s comments

1. The applicant in his amended submission has indicated that approval for the secondary dwelling is sought under the SEPP (Affordable Rental Housing) 2009 which permits detached secondary dwelling on any site (refer to Clause 7.1.3 of this report for further comments).

2. The FSR complies with the maximum permitted FSR (refer to the compliance table under clause 2.0 of this report).

3. The proposed development, including the replacement of existing roof tiles with slate tiles, has been reviewed by Council’s Heritage Adviser and no issues have been raised in relation to this matter.

7.8 The public interest

The proposal satisfies amenity considerations with respect to both site and the neighbouring properties and will have no adverse impact on the streetscape. Given the above and the proposal’s compliance with the aims and objectives of ALEP 1985 and ADCP 2007, the proposal is not considered to be contrary to the public interest.

8.0 Referrals

8.1 Internal

Heritage Adviser

The application has been reviewed by Council’s Heritage Adviser. It was recommended that additional windows be added to the secondary dwelling to improve its amenity. However, a Basix certificate has been submitted to Council confirming that the proposed secondary dwelling meets water, energy and thermal comfort requirements and as such its amenity is acceptable. No issues have been raised in relation to the proposed slate tiles (refer to Attachment 4).

Engineering

The application has been referred to Council’s Engineering Department. It was recommended that a deferred commencement consent be issued in order to ascertain the potential impacts of an on-site drainage detention system which will be required.

Tree Management Officer

The application has been referred to Council’s tree management officer. No issues have been raised in relation to the removal of trees as indicated on plans.

9.0 Other Relevant Matters

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

However, the plans submitted to Council indicates that there is an existing sewer line, assumed to be owned by Sydney Water, located approximately 1m from the rear property boundary. Refer to Clause 7.6 of this report for further comments.

10.0 Building Code of Australia (BCA)

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

Financial Implications

The proposed development will attract contribution levies under S94 of the Environmental Planning and Assessment Act 1979. A relevant condition has been included in the recommendation.

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 generally acceptable and is recommended for deferred commencement consent.

ATTACHMENTS

Attachment 1View	Plans of Proposal	8 Pages
Attachment 2View	Locality Map	1 Page
Attachment 3View	Submission	1 Page
Attachment 4View	Heritage Advice	1 Page
Attachment 5	Legal Advice – CIRCULATED UNDER SEPARATE COVER – Confidential under Section 10A(g) of the Local Government Act 1993: advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege	3 pages

RECOMMENDATION

1/1 That Council as the consent authority pursuant to Clause 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) grant deferred commencement consent for Development Application No. 10.2011.77.1 for:

1. Demolition of a rear portion of existing dwelling and the existing carport located at the rear of the property;

2. Alterations and additions to an existing dwelling house including the construction of a rear addition;

3. Construction of a new garage and a secondary dwelling (otherwise known as a granny flat); and

4. The removal of 6 fruit trees

on Lot 17 in DP: 4612, known as 24 Wattle Street, Haberfield, subject to the following conditions:

CONDITIONS

Part A

Deferred Commencement conditions that must be satisfied before consent can operate:

1 Stormwater drainage

"Storm water drainage is to be carried out in accordance with Clause No. 4.2 of Ashfield Stormwater Management Code. A Stormwater Drainage Concept Plan demonstrating the proposed On-Site Stormwater Detention drainage system is to be submitted to Council for approval".

This consent shall not operate until such time as the above information is provided to and approved by Council. The above information is required to be provided within 12 months of the date of this consent.

The correspondence issued by Council, once the above conditions are satisfied, and any associated documents submitted to satisfy the deferred commencement condition are to form part of this consent and the correspondence is to be provided to the Principal Certifying Authority with the Construction Certificate.

Providing the above matter is satisfied by Council in accordance with the above, general conditions of consent are:

Part B

A General Conditions

(1) Approved plans stamped by Council

The development must be carried out only in accordance with the approved plans and specifications to be nominated and stamped by Council upon the resolution, to Council’s satisfaction, of the matter specified in the Deferred Commencement condition under Part A.

(2) Compliance with BCA

All works are to comply with the relevant Building Codes of Australia and/or Australian Standard requirements.

(3) Encroachments

This approval is not to be construed as approving any encroachment on any adjoining private or public property including Council’s own land, all works are to be carried out entirely within the subject site.

(4) S94 Contribution

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

CONTRIBUTIONS (NEW DEVELOPMENT)
	Residential Accommodation less than 60sqm GFA
Number of Dwellings / Beds or GFA	1
Number of deficient car parking spaces
Local Roads	$135.99
Local Public Transport Facilities	$435.02
Local Car Parking Facilities	$0.00
Local Open Space and Recreation Facilities	$7,650.12
Local Community Facilities	$472.56
Plan Preparation and Administration	$347.58
TOTAL	$9,041.28

$C_C	=	$ C_P x CPI_C
		CPI_P

Where:

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

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

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

CPI_P 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.

B Design Changes

nil

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

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

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

¡ 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.

¡ 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.

¡ 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.

¡ 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.

(2) Footpath/laneway – photographs to be submitted

Prior to the release of the Construction Certificate, the applicant shall lodge with Council photographs of the roadway and footpath at the property both in Wattle Street and Ash Lane 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.

(3) Guttering Requirements - BCA

The roof shall be provided with a guttering system in accordance with the provisions of Part 3.5.2 “Gutters and Downpipes” of the BCA and AS/NZS3500.5 – 2000.

We advise that the Dept of Planning has advised in circular BS 08-001 that the use of high-front guttering has been associated with water penetration into the building and non compliance with the standard.

On completion of the works, a qualified plumber shall furnish the Principal Certifying Authority a certificate certifying that the guttering system complies with Part 3.5.2 of the BCA and AS/NZS3500.5 – 2000.

(4) 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.

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

(5) 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. Details of the storage shall be submitted to and approved by Council prior to the release of the Construction Certificate.

(b) 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.

(6) 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.

(7) 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:

(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,

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,

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

(8) 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.

(9) Long service levy

(10) 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.

D Conditions that must be complied with before work commences

(1) 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.

(2) Notice of Commencement – Notification of Works

(3) 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

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

(4) Inspections required by Principal Certifying Authority

(5) Sanitary facilities - demolition/construction sites

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

(6) Site fencing/security

(7) Garbage skips on Council land - Council approval

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

(8) Sydney Water approval

(9) Structural Engineering Details

E Conditions that must be complied with during construction or demolition

(1) Footpath, kerb and gutter protection

The applicant is to take all precautions to ensure footpaths and roads are kept in a safe condition and to prevent damage to Council's property.

(2) Redundant vehicle crossings – removal and replacement

The 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.

(3) 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.

(4) 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 Infrastructure Services Department for details.

(5) 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.

(6) 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 street gutter at a maximum discharge of 15 l/sec for the 1:100 ARI.

(7) Surface run-off

Allowance shall be made for surface runoff 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.

(8) 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.

(9) 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

(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.

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

(11) Demolition requirements/standards

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

¡ The property is to be secured to prohibit unauthorised entry.

¡ 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, and any requirements of the Workcover Authority. The following measures must be undertaken for hazardous dust control:

¡ 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.

¡ 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).

¡ 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.

¡ 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 to be allowed to enter the street gutter and stormwater systems.

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

¡ All lead contaminated material, if any, is to be disposed of in accordance with the NSW Environment Protection Authorities requirements.

¡ 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.

(12) 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.

(13) 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’.

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.

(14) Safety Glazing - BCA

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) 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.

(16) BASIX Requirements

The new works shall be constructed in accordance with, and comply with the undertakings given on the BASIX (Building Sustainability Index) Certificates obtained from the Department of Planning in accordance with the requirements of Part 1 of schedule1 of the Environmental Planning and Assessment Regulation 2000. 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) 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 and garage 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.

(2) 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

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.

(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.

H Conditions that are ongoing requirements of development consents

nil

I Advisory Notes

(1) Modifications to your consent - prior approval required

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

(2) Occupational health and safety

All site works must comply with the occupational health and safety requirements of the NSW Work Cover Authority.

(3) Structure

It should be noted that the structural design and the calculations have not been checked by Council; it is to be clearly understood by the applicant and any person concerned that the applicant and the engineer undertaking the design in the approved plans herewith/Construction Certificate Plan, are fully responsible for the structural adequacy of the structural design.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 May 2011

CM10.8

Subject DEVELOPMENT APPLICATION: 10.2011.049.1
12 THE AVENUE, ASHFIELD

File Ref DA 10.2011.049

Prepared by William Daskalopoulos - 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 for:

· Demolition of existing buildings including, dwelling house, detached garage, shed and front fence.

· Construction of a 4 level building containing 16 boarding loft style rooms, 4 studio style units and 1 caretaker’s apartment and associated facilities over basement parking. The building will be 5 storeys in height when viewed from the west (rear).

The proposal has been submitted under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP(ARH)).

The applicant has already lodged a ‘deemed refusal’ appeal to the Land & Environment Court as the proposal has been not been determined within a forty day period.

Plans of the proposal are included at Attachment 1.

2.0 Summary Recommendation

The proposed development is the second development application seeking Council’s consent for the construction of a boarding house development on the site.

Although the proposed development has reduced the number of boarding units from 24 (proposed under D/A 2010.244 which was refused by Council) to 21, the development is still considered to be an overdevelopment of the site and will detrimentally affect the amenity of the properties in the neighbourhood.

The proposed development is therefore recommended for refusal.

Background

3.0 Application Details

Applicant : Peter Lonergan

Owner : Mr R L Bitar

Value of work : $1,050,000

Lot/DP : LOT: 11 SEC: 1 DP: 473

Date lodged : 05/10/2010

Building classification : 3 and 7a

Application Type : Local

Construction Certificate : No

Section 94A Levy : No

4.0 Site and Surrounding Development

The subject site is located on the western side of The Avenue, bounded by Thomas Street to the south and the railway line to the north. The site area is approximately 672.3 square metres. An existing two storey dwelling house is located on the site. Surrounding development comprises a mixture of residential flat buildings and dwelling houses. At 14 The Avenue to the north is a 3-4 Storey Residential Flat Building and to the south at 6-10 The Avenue is a 3-4 Storey Residential Flat Building. Refer to Attachment 2 for a locality map.

5.0 Development History

Development Application No.2010.244 was submitted for 24 boarding units. This application was refused by Council on 14 December 2010. The proposed development has reduced the number of boarding units from 24 to 21, however, the development still exceeds the maximum Floor Space Ratio (FSR) of 0.75:1 allowed under clause 17 of Ashfield Local Environmental Plan and still contains four levels over a basement car park.

The proposed FSR is 1.13:1 which is substantially greater than the maximum allowable.

The Avenue contains the following development:

1 The Avenue 2 storey residential flats (3 units) with lower level parking

3-5 “ 3 storey residential flats(12 units) with lower level parking

7 “ 3 storey residential flats (10 units) with lower level parking

9 “ 2 storey former house converted into 3 units

11 “ 2 storey residential flats (4 units)

13 “ 2 storey residential flats (4 units)

15 “ 2 storey house

19 “ 4 storey residential flat

16 “ Approval granted for 2 storey dual occupancy dwellings

14 “ 3 storey residential flats (9 units) with lower level parking

6-10 “ 3 storey flats (21 units) with lower level parking

4 “ 2 storey dwelling house

2 “ 2 storey dwelling house

The above survey revealed that the adjoining development at 14 The Avenue has 9 units on a similar size allotment of land as the subject site and the development at 6 -10 The Avenue has 21 units on an allotment of land which is twice the size as the subject site.

Both adjoining properties were constructed prior to Ashfield Local Environmental Plan 1985 coming into effect. The development on 1 The Avenue was approved in 1993 (post ALEP 1985) and has three strata town houses on an allotment of land with an area of 717.7m². The proposed development by comparison is on an allotment of 672.3m² with a total of 21units.

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 not a heritage item.

· The property is located within the vicinity of a heritage items (2 storey Victorian dwelling houses) at 2 and 4 The Avenue Ashfield. It is considered that the development does not have a detrimental impact on the heritage items.

· The proposed development is reliant upon a number of development standards and provisions in SEPP (ARH).

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)

The applicant has stated that the proposed Floor Space Ratio (FSR) is 0.83:1. This figure is not agreed with – the assessment officer’s calculation of the floor area revealed a FSR of 1.13:1.

Therefore, proposed development exceeds the maximum floor space ratio of 0.75:1 allowed under Clause 17 of Ashfield Local Environmental Plan. The proposed FSR also contravenes Clause 29(1)(a) of SEPP(ARH).

The proposed development has a height exceeding 11.6 metres and contains 4 storeys and therefore does not comply with Clause 12(2) (a) of ALEP which limits the number of floors to two (2).

It is considered that the proposal does not comply with the provisions of the Ashfield LEP 1985.

7.1.2 Regional Environmental Plans

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

7.1.3 State Environmental Planning Policies

State Environmental Planning Policy No. 1 – Development Standards

Clause 17 of ALEP allows a maximum FSR of 0.75:1 for dual occupancy development on the land.

The applicant states that the proposed FSR is 0.83:1 which equates to a floor area of 558m². However, as mentioned previously, a calculation of the floor area has revealed that the proposed FSR is 1.13:1 (885m²).

The applicant hasn’t lodged a SEPP 1 Objection to vary the development standard in relation to maximum FSR of 0.75:1 allowed under the ALEP for dual occupancy development in a Residential 2(a) Zone.

Clause 29(1)of the SEPP(ARH) states ‘inter alia’ that the consent authority must not refuse consent on the grounds of density and scale if the density and scale of the buildings as expressed as a floor space ratio are not more than:

(a) The existing maximum FSR for any form of residential development accommodation permitted on the land.

The proposal clearly exceeds the maximum allowable FSR in this instance and the applicant has not made any submission to justify the excessive FSR (over 50% more than allowable) and non compliance with the LEP or why the standard is unreasonable and unnecessary.

It is the view of the assessment officer that the proposed FSR is excessive and contributes to the overall bulk and scale of the development which, even in the context of a street with many existing residential flat buildings, is considered to be out of character. Consequently, a variation to the development standard is therefore not supported.

Clause 29(2)(b) of SEPP ARH limits the building height to no higher than that permitted under another Environmental Planning Instrument (EPI). Ashfield Local Environmental Plan (ALEP) is the relevant EPI. Clause 12(2)(a) of ALEP 1985 permits a maximum of two floors for dwelling houses in a 2(a) Zone. The proposed development is for a boarding house and is seeking a building with four (4) floors and a basement garage. When viewed from the west the building has a scale of 5 storeys.

The scale of the development is considered to be incompatible with the immediate surrounding area and the broader locality context. The proposal in its height will result in adverse amenity impacts (solar access/privacy) to adjoining properties. The shadow diagrams submitted do not show the impact of the overshadowing created by the proposed development on the windows of the residential flat building at 6-10 The Avenue, Ashfield. There are several bedroom windows affected and the northern yard area of 6-10 The Avenue will be totally overshadowed between 9am and 3pm on 21June.

State Environmental Planning Policy No. 55 – Remediation of land

The property has been used for residential purposes for more than 60years therefore remediation of the site is not required prior to the carrying out of the proposed development.

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

A SEPP 65 Design Verification Statement prepared by Peter Lonergan Architect has been submitted with the application.

The application was referred to Council’s Urban Designer, Tim Williams Architect for a SEPP 65 report. His report states that the proposal does not meet the objectives of several of the 10 principles of good design. The critical issue is the side setbacks, which clearly do not comply with the recommendations of the Residential Flat Design Code. The typology selected is inappropriate for the site. The footprint of the building is such that there is little landscaping left. The impact the proposal has on the sun amenity, visual and acoustic privacy of the neighbours is unacceptable (refer to Attachment 8 for comments).

State Environmental Planning Policy (Affordable Rental Housing) 2009

SEPP (ARH) has been used in the assessment of the application. The proposed development does not comply with the SEPP (refer to the table in Attachment 4 for specific details).

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	See comments below.
C5	MULTI-UNIT DEVELOPMENT IN RESIDENTIAL FLAT ZONES	Not applicable as the property is not in a ‘flat zone’.
C11	PARKING	The proposal has provided parking (vehicle/motor cycle and bicycle) in accordance with the minimum requirement of SEPP(ARH). However, at least one of the car parking spaces should be of a standard accessible for people with disabilities as required by clause 4.1(a) of Part C11. The development does not provide suitable car parking under this clause.
C12	PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT	Complies. The application was notified in accordance with this part.
C18	BOARDING HOUSES	Does not comply - see comments below.
D1	PLANNING FOR LESS WASTE	Complies. A waste management plan has been submitted with the application.

Part C1 - ACCESS ADAPTABILITY AND MOBILITY REPORT

Access is provided from the front boundary to and throughout the entry level of the building. The ground floor communal room is accessible.

The proposal includes two adaptable units at ground floor all of which have appropriate access. There is no fully accessible path of travel from the car park to the adaptable units. As no specific details are provided of internal fixtures and fittings, it is not known if they are appropriate, however, this could be reaffirmed by way of condition should the application be supported.

C11 PARKING

Parking has been provided in accordance with SEPP(ARH). However, Clause 4.1(a) of Part C11 requires five accessible car parking spaces for each 100 car spaces. The proposed development would therefore require one accessible car parking space. No such space is provided as required by this part.

C18 BOARDING HOUSES

Clause 2.7(b) of Part C18 states that an acoustic report be submitted from a qualified acoustic consultant for Class 3 Boarding house. An acoustic report has not been submitted with the application.

Clause 2.10 Requires an Operational Plan of Management and onsite Management and Registration. The development has a unit for an on site manager, however, there is no comprehensive operational plan of management provided. A condition could be imposed to require an operational management plan to be submitted should the application be supported.

The extent of overshadowing by the proposed development affecting 6-10 The Avenue, Ashfield during the winter solstice is considered excessive.

The proposed development will significantly reduce sunlight to the northern landscaped outdoor space of 6-10 The Avenue, Ashfield during the winter solstice. Very little, if any, sunlight will reach this area between 9am and 3pm.

It is considered the application does not comply with the parts as indicated and ultimately does not achieve 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 significant adverse environmental and social impacts upon the locality due to its excessive size and bulk.

The proposed development is considered to be excessive in height at 11.6m and will extend considerably closer to the rear (western boundary) than adjoining development.

The development will attract additional vehicle movements in the street and generate a greater car parking demand on the limited on street parking availability in the area. The roof top terrace could also be a source of noise complaints and privacy concerns for the neighbours.

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, however, the site is considered too small for the proposed size of the development and is therefore considered to be unsuitable. The proposed development is also considered unsuitable in the context of the locality as it is an overdevelopment of the land.

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 2 March 2011 until 28 March 2011.

7.7.1 Summary of submissions

32 Submissions including 1 petition (refer to Attachment 3) were received during the notification of the development application:

Submissions
Annie H , 2/1 The Avenue Ashfield
W Shaw 12 Thomas Street Ashfield
Kishar Lamichhane, 8/22 Thomas Street Ashfield
Pen and Su Sher, 10 /8 Cavill Avenue Ashfield
Joseph Del Duca, 8/8 Cavill Avenue Ashfield
Peter Gleadall, 8/14 The Avenue Ashfield
Petition from Peter Gleadall of 8/14 The Avenue Ashfield with 101 objectors
P A Thompson , 7/14 The Avenue Ashfield
Alexander Lee 8 Cavill Avenue Ashfield
Emma Sheehan , 2/7 the Avenue Ashfield
Freda Elliott , 17/10 The Avenue Ashfield
Ivan Gunarajan, 4 The Avenue Ashfield
Sam & Indrani Gunarajan , 4 The Avenue Ashfield
L K Shanahan, no address
Van Tu Chau, 1 Vernon Street Fairfield
Deyarne Plowman18/6-10 the Avenue Ashfield
Michelle Thompson, 8 Cavill Avenue Ashfield
Jack ORegan 8 Thomas Street Ashfield
Manual Sanchez, 10/3-5 the Avenue Ashfield
Nancy Yang, 2 the Avenue Ashfield
Jane Wu, 2 The Avenue Ashfield
B Candy, 9/3 the Avenue Ashfield
Audrey Khung, 12/6-10 The Avenue Ashfield
Judy Dowling, 14/6-10 The Avenue Ashfield
Maria Chahoub, 8/22 Thomas Street Ashfield
M Wood, 8 Thomas Street Ashfield
Danny Bowie, 4/22-28 Thomas Street Ashfield
Ling Maing Wong,19 Thomas Street Ashfield
P B Hool, C/- LJ Hooker 216 Liver pool Road Ashfield
Graham Trigge, 5/3-5 The Avenue Ashfield
Ngai Wa Lei, 16 The Avenue Ashfield
Anne –Louise & Kaz Pociask, 13 Thomas Street Ashfield
Marie –Noelle & Francoise Sidonie, Andre Yves Mauguerrt, 14 Heighway Avenue Ashfield

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

· Overdevelopment of the site

Officer Comment:

The proposed FSR is 1.13:1 which is much greater than the maximum FSR of 0.75:1 allowed under Clause 17 of ALEP.

The applicant has raised no real justification why the FSR control (development standard) is unreasonable or unnecessary in this particular case.

It is considered that the proposed development is an overdevelopment of the site and the application is therefore recommended for refusal (see part 5.0 of the report for further comments).

· Excessive height bulk and scale

Officer Comment:

The height, bulk and scale of the development are considered excessive. Furthermore, the proposed building is longer than the two adjoining buildings and extends to within 2.0m of the rear boundary.

· Traffic and lack of parking

Officer Comment:

The development provides for 4 car parking spaces and this is in accordance with SEPP(ARH). However, one of the car spaces should be fully accessible.

The proposed development provides accommodation for up 42 people and it is anticipated there would be more vehicle movements in The Avenue and surrounding streets. The current demand for on street parking is high and the proposed development is likely to exacerbate this situation.

· Loss of Privacy

Officer Comment:

Apart from the numerous upper level north and south facing windows there is a roof terrace which will allow overlooking onto neighbouring properties. The roof terrace is in close proximity to residential properties to the west and has the potential to overlook these properties.

· Out of character impact on streetscape

Officer Comment:

The adjoining buildings have pitched roofs as do most buildings in the vicinity. The proposed development has a height exceeding 11.6m and extends closer to the rear boundary than the adjoining buildings. The proposed development will have vertical and horizontal proportions which are ‘exaggerated’ and out of character with the neighbourhood due to the allotment’s narrow width (15.24 metres).

· Loss of sun light

Comment:

Shadow diagrams have been submitted with the application. The property to the south, 6-10 The Avenue, will be the most affected by overshadowing. The useable yard area of 6-10 The Avenue is on the northern side and currently enjoys good solar access. The proposed development will severely impact the current level of solar access to the north facing yard to the extent that there will be no sunlight on the ground between 9am and 3pm on 21 June.

The shadow diagrams do not show the location of north facing windows on 6-10 The Avenue, however, there are several windows that will be overshadowed during the winter solstice.

The overshadowing is considered excessive and will substantially impact on the amenity of 6-10 The Avenue.

· Increase in population density

Comment:

The proposed development will result in up to 42 residents living in the building which is considerably greater that the current dwelling house.

· Loss of privacy/noise from use of roof terrace

Comment:

There is a proposed roof top terrace on the western side (rear) of the development. The effective useable area of the terrace is 12.58m² (3.4m x3.7m). The terrace is directly above a communal lounge room and it is considered that the terrace will be a likely noise source and also allow overlooking of neighbouring properties.

· Loss of outlook/views

The proposed building is longer than the two adjoining buildings and with a wall height of over 11.6 metres will obstruct views currently enjoyed from neighbouring properties.

· Lack of Trees

The SEPP (ARH) clause 29(2)(b) states that Council cannot refuse the application on landscape area if the front setback is compatible with the streetscape. It is considered that the front setback is consistent with the streetscape, however, the overall landscaped area is not particularly large given the likely number of occupants.

The application involves the removal of Dollar Spotted Tree Ferns and Queensland Pittosporum. A landscape plan has been submitted for the proposed development. Council’s Tree Management officer has raised no objection to the application and the removal of these trees.

· Affect air movement

No information has been submitted to assess air movement impacts.

· Wrong zone for the development

The proposed development is permissible in the 2(a) zone under the SEPP (ARH) 2009.

· Increase in crime

There is no evidence available to link the proposed development to an increase in crime.

Garbage collection problem

There is a laneway at the rear of the property off Heighway Avenue which is accessible for rubbish collection.

7.8 The public interest

The 2010 proposal attracted 16 objections including two petitions. The current proposal has attracted 32 objections and one petition signed by 101 objectors.

The proposed development will have a detrimental impact on the amenity of neighbouring properties and it is not considered to be in the public interest.

8.0 Referrals

Internal

Council’s Heritage Adviser has no objection to the demolition of the existing dwelling house and raised no issues in terms of impacts on the heritage items at 2 and 4 The Avenue (refer to Attachment 5).

Council’s Stormwater Drainage Engineer has concerns with the lack of information on the stormwater drainage plans (refer to Attachment 6).

Council’s Tree Management Officer has raised no objection to the application subject to compliance with the recommendations in the Arborist's report submitted with the application (refer to Attachment 7).

Council’s Urban Designer advises that the proposal does not meet the objectives of several of the 10 principles of good design. The critical issues are:

§ the side setbacks, which clearly do not comply with the recommendations of the Residential Flat Design Code.

§ the typology of the building, which is inappropriate for the site.

§ the footprint of the building, which is such that there is little landscaping left.

Refer to Attachment 8 for the report.

External

The application was referred to State Rail who have raised no objection to the development subject to conditions.

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

Section 94 Contributions would be applicable were the Council to approve the application and would be imposed as a condition of consent.

]

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. While no concern is raised in relation to the demolition of the existing dwelling house and outbuildings, the proposed development is inappropriate for the site.

This report outlines numerous areas where the proposal is considered to be inadequate and not consistent with Council’s controls and even those of the State Government’s SEPP(ARH). While it has been modified it still has a scale and density which is excessive, will adversely impact on the amenity of adjoining properties and is therefore recommended for refusal.

ATTACHMENTS

Attachment 1View	Plans of Proposal	12 Pages
Attachment 2View	Locality Map	1 Page
Attachment 3View	Submissions	53 Pages
Attachment 4View	Compliance Table - Affordable Housing SEPP	4 Pages
Attachment 5View	Heritage Advice	1 Page
Attachment 6	Council's Stormwater & Drainage Report	2 Pages
Attachment 7	Council's Tree Management Report	1 Page
Attachment 8	Council's Urban Designer SEPP 65 Report	6 Pages

RECOMMENDATION

1/1 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. 2010.244 for demolition of a dwelling house, outbuildings, fence and construction of a four storey boarding house with basement garage on Lot 11, Section 1 in DP: 473, known as 12 The Avenue Ashfield, for the following reasons:

(1) The extent of overshadowing on 6-10 The Avenue Ashfield by the proposed development during the winter solstice is considered to be excessive.

(2) The proposed development exceeds the maximum floor space ratio of 0.75:1 allowed under Clause 17 of Ashfield Local Environmental Plan. The proposed FSR also contravenes Clause 29(1)(a) of SEPP(ARH) and a SEPP 1 objection has not been received in relation to the non compliance with the development standard.

(3) The proposed development has a height exceeding 11.6 metres above existing ground level and contains 4 storeys and therefore does not comply with Clause 12(2) (a) of ALEP which limits the number of floors to two (2).

(4) The proposed roof terrace will result in a loss of privacy to neighbouring properties and particularly properties to the west, north and south.

(5) An acoustic report from a qualified acoustic consultant has not been submitted to Council for the proposed development as required by clause 2.7(b) of Part C18 of Ashfield Development Control Plan.

(6) The proposed development does not comply with clause 29(2)(d) of State Environmental Planning Policy (Affordable Rental Housing) 2009 as there is only 12.58m² of private open space for lodgers instead of the required minimum of 20m².

There is also only 7.37m² of private open space for the house manager instead of the required minimum of 8m² and the width of the space is less than the minimum required width of 2.5m.

(7) A complete Operational Plan of Management has not been submitted with the application as required by Clause 2.10 of Part C18 of Ashfield Development Control Plan.

(8) Stormwater drainage plans and details submitted are inadequate to fully assess compliance with Council’s Stormwater Management Code.

(9) The proposed development does not meet the objectives of the Residential Flat Design Code (accepted guide under SEPP 65). In particular the scale of the proposed development is too large for the site with inadequate setbacks for the building. The scale of the development detrimentally affects solar assess to the property to the south and substantially reduces privacy of neighbouring properties.

(10) The proposed development does not comply with the provisions of clause 4.1(a) of Part C11 of Ashfield Development Control Plan as there is no parking available for people with disabilities.

(11) The proposed development does not comply with the provisions of clause 3.3 of Part C1 of Ashfield Development Control Plan as there is no accessible path for people with disabilities from the car park to the adaptable units.

(12) The granting of consent to the proposed large scale development on the relatively small allotment of land would set an undesirable precedent.

(13) The proposal is not in the public interest.

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

Does not Comply. It is considered that the carrying out of the proposed development will not meet the aims and objectives of Ashfield LEP 1985.

CLAUSE 10

Zoning

Complies. The property is zoned 2(a) and the proposal is not permissible in the zone. However, SEPP(ARH) allows boarding houses in the zone.

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 29

Provision for public amenities and services

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

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 the heritage items at 2and 4 The Avenue.

CLAUSE 37A

Conservation incentives

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.

The development will appear excessively bulky when viewed from the railway and the park to the north.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 May 2011

CM10.9

Subject DEVELOPMENT APPLICATION: 10.2003.076.6
204 LIVERPOOL ROAD, ASHFIELD

File Ref DA 10.2003.076

Prepared by Daisy Younan - Development Assessment Officer

Reasons Matter referred to Council for determination

Objective For Council to determine the application

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 modify Development Consent No. 10.2003.76.5 for the extension of the hours of operation for parts of the Ashfield Hotel at 204 Liverpool Road, Ashfield. This Section 96(1A) application proposes to modify Condition 5 (Management Plan) with respect to security arrangements. The current applicable condition in relation to on site security reads as follows:

Current condition

Management Plan

5. The premises shall operate under the Management Plan submitted with the application and stamped by Council 11 August 2005, with the addition of the following:

(i) One (1) licensed uniformed security personnel are to be employed each evening from 10:00pm Monday to Saturday, until the Hotel closes.

(ii) In addition to the one (1) security personnel already mentioned, one (1) further licensed uniformed security personnel is to be employed inside the premises when a function is held inside the premises.

(iii) In addition to the one (1) security personnel already mentioned, one (1) further licensed uniformed security personnel is to be employed inside the premises from 9:00pm until the last person leaves the vicinity of the premises on Friday (Saturday morning) and Saturday (Sunday morning).

Council has previously approved a modification to the above condition in parts (i) and (iii) on a twelve month trial basis on two occasions. The modified condition read as follows:

Modified condition (as per trial period)

The premises shall operate under the Management Plan submitted with this application and stamped by Council 26 June 2008, and subject to the following:

i) One (1) licensed security personnel is to be employed each evening on Thursday through to Saturday from 10:00pm until the last person leaves the vicinity of the premises once the Hotel is closed. The security personnel are to be at the subject premises during these times.

ii) In addition to the one (1) security personnel already mentioned, one (1) further licensed uniformed security personnel is to be employed inside the premise from 9:00pm on any night that a function is held at the premises.

This condition is time limited for a period of twelve (12) months commencing from 26 August 2008. Once the twelve (12) month period has expired, Condition 5 will revert back to the previous condition approved pursuant to DA2003.76.2 granted on 3/11/2005.

The most recent trial period expired on the 25 November 2010 so the current condition listed above is now back in effect.

The applicant wishes to have Council approve a modified security management plan which includes the following requirements in relation to security personnel arrangements (refer to Attachment 1).

Proposed new security arrangements

Security Numbers

i) One (1) security personnel is to be employed each evening on Thursday through to Saturday from 10:00pm until the last person leaves the vicinity of the premises once the Hotel is closed. The security personnel are to be in attendance at the Hotel premises during these times.

ii) In addition, one (1) further security personnel is to be employed to patrol within the premises from 9:00pm on any night that a function is held at the premises.

Impact of proposed change

The net affect of the proposed change to the security arrangements is to delete reference to the term ‘licensed’ security personnel and reduce the number of security personnel on the premises during the week from one every night, plus another on Friday and Saturday nights, plus another if a function is held to one on Thursday, Friday and Saturday nights plus one if a function is held.

2.0 SUMMARY RECOMMENDATION

The application including the proposed security management plan has been referred to the Ashfield Police. Issues have been raised in respect of the propose number of security personnel. It was confirmed by Ashfield Police that the proposed security plan would cause the operation of the hotel to rely on staff and Police to eject intoxicated/violent or quarrelsome patrons.

Ashfield Police has identified instances where security personnel at Ashfield Hotel are not performing their duties effectively or efficiently. Further issues have been raised in relation to the starting times of those security officers.

Moreover, the proposed management plan stating steps to be taken to evict intoxicated patrons from the hotel which relies on Police attendance for the majority of the week

This has not been accepted by Ashfield Police and they are of the view that, should the current management plan be implemented, there will be a rise in alcohol related crimes within the licensed premises. The applicant has provided a response to the police comments.

Having considered the advice of the Ashfield Police, it is recommended that the application be refused consent because of potential adverse amenity impacts upon the locality.

3.0 APPLICATION DETAILS

Applicant : Nelson Meers Pty Ltd

Address : 231 Burwood Rd BURWOOD NSW 2134

Owner : Ashfield Hotel

Lot/DP : LOT: A DP: 173296

Date lodged : 21/12/2010

Date of last amendment : N/A

Building classification : 6

Application Type : Local

Construction Certificate : No

4.0 SITE AND SURROUNDING DEVELOPMENT

The subject site is located on the south side of Liverpool Road, bounded by Holden Street to the west and Queen Street to the east. An existing two-storey building, operating various bar, function, and office areas is located on the site. Surrounding development comprises:

Eastern side: A row of ground level shops and residence above.

Northern side: Liverpool Road and the ground level shops and residences above.

Western side: Commercial development and vehicular entry to Ashfield Mall, and a Church building.

Southern side: Two multi-storey commercial buildings, Norton Street and then residential houses.

5.0 DEVELOPMENT HISTORY

Various development applications have been submitted for the Ashfield Hotel site. The applications referred to in Section 1.0 are the only applications relevant to the current Section 96 application.

6.0 ZONING/PERMISSIBILITY/HERITAGE

Not altered by proposal.

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.0 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.

The proposed modification is not considered to be of minimal impact and has the potential to cause adverse impacts on the amenity of the locality. Refer to Clause 2.0 of this report for further comments.

The application was notified in accordance with Part C12 of Ashfield Development Control Plan 2007 from 12 January 2011 until 9 February 2011.

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

Not applicable.

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.

Not applicable.

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 alterations have the potential to adversely impact on the locality through the reduction in security personnel and the ability of the hotel to deal with the unruly behaviour of patrons. Refer to Clause 2.0 of this report for further comments.

7.6 The suitability of the site for the 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 12 January 2011 until 9 February 2011.

7.7.1 Summary of submissions

No submissions were received.

7.8 The public interest

The public interest would not be served by approval of this proposal.

8.0 REFERRALS

The application was referred to Ashfield Police for comment. Local police have raised a number of concerns with the modified Security Management Plan and do not support the application.

9.0 OTHER RELEVANT MATTERS

Not applicable.

10.0 BUILDING CODE OF AUSTRALIA (BCA)

The proposed changes do not alter compliance with the Building Code of Australia.

11.0 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. The proposal is not acceptable for reasons outlined in the report and is therefore recommended for refusal.

ATTACHMENTS

Attachment 1View

Security Management Plan

9 Pages

RECOMMENDATION

1/1 That Council as the consent authority pursuant to Section 80 (1)(b) of the Environmental Planning & Assessment Act 1979 refuse consent to development application no. 10.2003.76.6 to modify development consent no. 10.2003.76.5 for the following reasons:

Reasons for refusal:

1. The proposed modification is not considered to be of minimal environmental impact.

2. The proposed modification has the potential to adversely impact upon the amenity of the locality through the reduced number of security personnel and the resultant reduced capacity of the hotel to manage unruly patrons.

3. The proposal is not in the public interest.

Phil Sarin

Director Planning and Environment