Agenda of Ordinary Meeting

Ashfield Council – Report to Ordinary Meeting held on Tuesday 22 May 2012 CM10.3

Subject DEVELOPMENT APPLICATION: 10.2012.035.1
55 ARTHUR STREET ASHFIELD

File Ref DA 10.2012.035

Prepared by Daisy Younan - 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 alterations and additions to an existing dwelling house to change its use to a boarding house.

Plans of the proposal are included at Attachment 1.

Background

The proposal has been submitted pursuant to the boarding house provisions of Division 3 of Part 2 of State Environmental Planning Policy– Affordable Rental Housing 2009. (the SEPP)

Clause 8 of the SEPP states that “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”.

Clause 26 of the SEPP permits development for the purpose of a boarding house despite the use being prohibited under clause 10 of Ashfield LEP 1985 (refer to Clause 7.1.1 of this report for further comments).

However, Clause 8 of the policy does not alleviate the requirement to comply with the controls of Ashfield DCP 2007.

A letter was sent to the applicant dated 29 March 2012 raising a number of issues of concern with the initial proposal and requesting additional information and/or amended plans to be submitted to Council. Those issues included the proposal’s non-compliance with boarding room sizes, indoor communal living room size, accessibility and seeking clarifications as to the number of lodgers/beds proposed in each boarding room in the boarding house.

Amended plans/information was received by Council on 12/04/2012. The amended plans do not adequately address the issues raised by Council officers and hence the proposed development cannot be supported in its current form.

2.0 Summary Recommendation

The proposed development fails to comply with the requirements of Clause 30(1)(a) of the SEPP which requires a consent authority not to consent to development to which Division 3 of Part 2 of the SEPP applies unless it is satisfied that, if a boarding house has 5 or more boarding rooms, at least one communal living room is provided.

Council is not satisfied that an adequate communal living room in accordance with the requirements of Clause 2.5(iv) of Section 2- Part C18 of Ashfield DCP 2007 has been provided.

Further, the proposed development fails to comply with the requirements of Clause 30(1)(d) of the SEPP which requires a consent authority not to consent to development to which Division 3 of Part 2 of the SEPP applies unless it is satisfied that adequate bathroom and kitchen facilities are available within the boarding house for the use of each lodger.

Council is not satisfied that an adequate communal bathroom facility in accordance with the requirements of Clause 2.5(iii) of Section 2- Part C18 of Ashfield DCP 2007 or that an adequate communal kitchen facility has been provided in accordance with the requirements of Clause 2.5(ii) of Section 2- Part C18 of Ashfield DCP 2007.

The proposed development fails to comply with the requirements of Clause 2.5(iii) which requires shared laundry facilities, provided at ground level, accessibility for people with a disability and compliance with Universal Accessible Design Criteria.

Further, the proposed development fails to comply with the design principles of Part C11 in terms of the car-parking layout.

For the above reasons the development is recommended refusal.

Background

3.0 Application Details

Applicant : Mr W Lee

Owner : Mr W F Lee

Value of work : $50,000

Lot/DP : LOT: 22 DP: 2911

Date lodged : 10/02/2012

Date of last amendment : 12/04/2012

Building classification : 3

Application Type : Local

Construction Certificate : No

Section 94A Levy : No

4.0 Site and Surrounding Development

The subject site is located on the north side of Arthur Street, bounded by Hugh Street to the east and Carlisle Street to the west. The site area is approximately 916 square metres. An existing dwelling house is located on the site. Surrounding development comprises residential development. The subject site in also in a very close proximity to Pratten Park. Refer to Attachment 2 for a locality map.

5.0 Development History

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

NO.	DATE	PROPOSAL	DECISION
10.2009.32	21/04/09	Alterations and additions to existing dwelling house.	Approved
6.1993.102	29/04/1993	New Tennis Court	Approved
6.1992.307	29/10/1992	Amendment to BA 148/1992	Approved
6.1992.148	16/06/1992	Alterations and additions to existing dwelling house.	Approved
6.1990.267	04/09/1990	Fence	Approved

Previous consent 10.2009.32 has been granted for alterations and addition to the existing dwelling house comprising a two storey rear addition in the form of two split levels in addition to the levels of the main dwelling house. The proposed development does not involve any external works that would result in significant changes to the building appearance or its character. The only exception is an attached toilet to be constructed in the lower ground floor level to be accessed from the caretaker’s facility. The attached toilet fronts the rear lane and will not be visible from any public place and hence will not result in any modifications to the external appearance of the building. All other proposed modifications are mainly internal.

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 vicinity of a number of heritage items including Pratten Park and the property located at 2 Alma Street.

The proposed boarding house, whilst not permissible in 2(a) zone under the provisions of Clause No. 10 of Ashfield LEP, is permissible under the provisions of Division 3 of Part 2 - State Environmental Planning Policy– Affordable Rental Housing 2009. Refer to table 1 under Clause 7.1.3 of this report for further comments.

7.0 Section 79C Assessment

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

7.1 The provisions of any Environmental Planning Instrument

7.1.1 Local Environmental Plans

Ashfield Local Environmental Plan 1985 (as amended)

The subject site is located in 2(a) zone which does not permit development for the purpose of a boarding house (Clause 10). However, the proposed use is permissible under the provisions of Clause 26 and Clause 27 of Sate Environmental Planning Policy (Affordable Rental Housing) 2009 (ARH SEPP).

The proposal is not considered to be consistent with the objectives of the LEP which promote orderly development.

Refer to table 1 under Clause 7.1.3 of this report for further comments.

7.1.2 Regional Environmental Plans

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

7.1.3 State Environmental Planning Policies

State Environmental Planning Policy No. 55 – Remediation of land

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

State Environmental Planning Policy (Affordable Rental Housing) 2009

Table 1

*BOARDING HOUSES* *STATE ENVIRONMENTAL PLANNING POLICY* *(AFFORDABLE RENTAL HOUSING) 2009 - DIVISION 3*
*Clause*	*Required*	*Proposed*	*Complies*
26 *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: (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 B1 Neighbourhood Centre, (f) Zone B2 Local Centre, (g) Zone B4 Mixed Use.	This clause permits boarding houses in R2 Zone. The subject site is located in Residential - 2(a) zone. Clause 5(1) of this policy states that “a reference in this Policy to a land use zone that is equivalent to a named land use zone is a reference to a land use zone under an environmental planning instrument that is not made as provided by section 33A (2) of the Act: (a) that the Director-General has determined under clause 1.6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is a land use zone in which equivalent land uses are permitted to those permitted in that named land use zone, or (b) if no such determination has been made in respect of the particular zone, is a land use zone in which (in the opinion of the relevant authority) equivalent land uses are permitted to those permitted in that named land use zone.” Clause 1.6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 identifies R2 zone as being a zone that permits low density dwellings with associated services and facilities. 2(a) zone, in which the subject site is located, is considered a land use zone that is equivalent to land use zone R2 and hence equivalent land uses are permitted to those permitted in that named land use zone.	Yes
*27 Development to which Division applies*	(1) This Division applies to development, on land to which this Division applies, for the purposes of boarding houses. (2) Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone in the Sydney region unless the land is within an accessible area. (3) Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use or within a land use zone that is equivalent to any of those zones.	In accordance with Clause 4 of this SEPP, accessible area means land that is within: (a) 800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or (b) 400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or (c) 400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday. The proposal is for a change of use of an existing dwelling house to a Boarding House and the subject site appears to be located within 800 metres walking distance of Ashfield railway station (accessible area).	Yes.
*28 Development may be carried out with consent*	Development to which this Division applies may be carried out with consent.	Consent sought	Yes
*29 Standards that cannot be used to refuse consent*	(1) A consent authority must not refuse consent to development to which this Division applies on the grounds of density or scale if the density and scale of the buildings when expressed as a floor space ratio are not more than: (a) the existing maximum floor space ratio for any form of residential accommodation permitted on the land, or (b) if the development is on land within a zone in which no residential accommodation is permitted—the existing maximum floor space ratio for any form of development permitted on the land, or (c) if the development is on land within a zone in which residential flat buildings are permitted and the land does not contain a heritage item that is identified in an environmental planning instrument or an interim heritage order or on the State Heritage Register—the existing maximum floor space ratio for any form of residential accommodation permitted on the land, plus: (i) 0.5:1, if the existing maximum floor space ratio is 2.5:1 or less, or (ii) 20% of the existing maximum floor space ratio, if the existing maximum floor space ratio is greater than 2.5:1.	Floor Space Ratio 1. The maximum floor space ratio for a dual occupancy, which is a form of residential accommodation permitted on the land under Clause 17 of Ashfield LEP 1985 is 75%. The proposed Floor Space Ratio is approximately 53.33% which complies with the FSR requirements of Clause 29(1)(a).	Yes
	*(2) A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:* *(a) building height* if the building height of all proposed buildings is not more than the maximum building height permitted under another environmental planning instrument for any building on the land, *(b) landscaped area* if the landscape treatment of the front setback area is compatible with the streetscape in which the building is located, *(c) solar access* where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter, *(d) private open space* if at least the following private open space areas are provided (other than the front setback area): (i) one area of at least 20 square metres with a minimum dimension of 3 metres is provided for the use of the lodgers, (ii) if accommodation is provided on site for a boarding house manager—one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation, *(e) parking* if: (i) in the case of development in an accessible area—at least 0.2 parking spaces are provided for each boarding room, and (ii) in the case of development not in an accessible area—at least 0.4 parking spaces are provided for each boarding room, and (iii) in the case of any development—not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site, *(f) accommodation size* if each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least: (i) 12 square metres in the case of a boarding room intended to be used by a single lodger, or (ii) 16 square metres in any other case.	Building Height Ashfield LEP 1985 has no height controls that apply to the 2(a) zone. Clause 17A of Ashfield LEP which specify height requirements for flat buildings only applies to land within Zone No 2 (b) or 2 (c). Additionally, the building already exists and there are no major external modifications. Landscaping The front setback of the building, which is similar in depth to that of the adjoining properties, remains unaltered, however, the landscaping is proposed to be upgraded. The landscape treatment of the front setback area is compatible with the streetscape in which the building is located. Solar access The proposed communal room located on the ground floor has a northerly aspect and is therefore expected to receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter. Private open space In addition to the front set back the following private open spaces are provided: An area of approximately 96.45 square metres with a minimum dimension of 4.5 metres is provided for the use of lodgers and an area of approximately 52.42 square metres with a minimum dimension of 2.5 metres is provided for the caretaker adjacent to the caretaker’s room. Parking Council is satisfied that the subject site is located within an accessible area as defined under clause 4 of this policy and as such the minimum car-parking spaces required for 11 boarding rooms + caretaker room = = 0.2 ₓ 11 + 1 = 2.2 + 1 = 3.2 spaces = 3 spaces The proposed development provides for 3 car-parking places which complies, however, the car parking design requirements of Ashfield DCP are not met (refer to table 2 under Clause 7.3 of this report for further comments). Accommodation size The proposed boarding house provides for 11 boarding rooms in addition to a caretaker self-contained facility. Gross Floor Area (GFR) of each room is as follows: GFA Room 1 = approx. 15.87 m² GFA Room 2 = approx. 15.75 m² GFA Room 3 = approx. 16.77 m² GFA Room 4 = approx. 16.77 m² GFA Room 5 = approx. 15 m² GFA Room 6a= approx. 13.3 m² GFA Room 6b = approx. 12.4 m² GFA Room 7 = approx. 11.78 m² GFA Room 8 = approx 16.52 m² GFA Room 9 = approx. 12.51 m² GFA Room 10 = approx. 18.12 m² Caretaker’s dwelling = approx. 35.45m² (not including internal storeroom accessible from caretaker’s dwelling). The GFA of rooms 2 & 5 do not comply with the minimum accommodation size requirements for double accommodation and the GFA of rooms 7 & 9 do not comply with the minimum accommodation size requirements for single accommodation. However, Council is satisfied that the sizes of rooms 2 & 5 can adequately accommodate two lodgers each and rooms 7 & 9 can adequately accommodate a single lodger each. Bedrooms 2, 3, 4, 5, 8, 10 and the caretaker facility are capable of being used by 2 lodgers/persons while bedrooms 1, 6a, 6b, 7& 9 can only be used by single lodger. The number of lodgers proposed is 18, as stated in the submitted statement prepared by BTG Planning, not including the caretaker. Given the size of the care taker facility it could readily be used by two lodgers hence the overall number of lodgers could be 19 persons.
	*(3) A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.*	Proposal complies with the requirements of this sub-clause.
	*(4) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).*	Council is not satisfied that the proposal can be supported in its current form, refer to Clause 2.0 of this report for further comments.
*30 Standards for boarding houses*	(1) A consent authority must not consent to development to which this Division applies unless it is satisfied of each of the following: (a) if a boarding house has 5 or more boarding rooms, at least one communal living room will be provided, (b) no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres, (c) no boarding room will be occupied by more than 2 adult lodgers, (d) adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger, (e) if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager, (f) (Repealed) (g) if the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use, (h) at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms. (2) Subclause (1) does not apply to development for the purposes of minor alterations or additions to an existing boarding house.	a) Clause 30(1)(a) of the SEPP requires a consent authority not to consent to development to which Division 3 of Part 2 of the SEPP applies unless it is satisfied that, if a boarding house has 5 or more boarding rooms, at least one communal living room is provided. Whilst no specific requirements for the size of a communal living room has been made under division 3 of the SEPP, the proposed communal sitting area is not considered to be sufficient size to cater for 19 lodgers. As a guide, the provisions of Ashfield DCP in relation to communal living areas have been taken into consideration. Clause 2.5(iv) of Section 2- Part C18 of Ashfield DCP 2007 requires Class 3 Boarding Houses (more than 12 residents) to provide a common living area with a minimum floor area of 15m², with a further 15m² provided for each additional 12 persons thereafter with a minimum width of 3.5m. This works out to be approximately 38.75m² of communal living area. The proposed development claims to provide a communal living area of approximately 22.57m² which includes trafficable areas such as a corridor and access to the communal kitchen. In real terms the extent of useable living area is approximately 8.8m². The proposed development fails to comply with the requirements of Clause 2.5(iv) of Section 2- Part C18 of Ashfield DCP 2007. b) The proposal complies with the maximum room size requirements of this clause; c) The proposal complies with the requirements of Clause 30(1)(c). d) Clause 30(1)(d) of the SEPP requires a consent authority not to consent to development to which Division 3 of Part 2 of the SEPP applies unless it is satisfied that adequate bathroom and kitchen facilities are available within the boarding house for the use of each lodger. Whilst there is no size requirements for the communal kitchen or bathroom facilities specified under that division, the proposed communal kitchen and bathroom facilities are not considered to be sufficient size to cater for 19 lodgers. As a guide, the requirements for communal kitchen and bathroom facilities outlined in the Ashfield DCP have been taken into consideration. Clause 2.5(ii) of Section 2- Part C18 of Ashfield DCP 2007 requires Class 3 Boarding Houses (more than 12 residents) to provide a Shared combined kitchen/ dining facility with a min area of 22 m² with a min width of 3m plus additional 1m² for each additional person. This works out to be approximately 22 + 19 = 41m². The proposed communal kitchen facilities (located on both ground and lower ground floor levels) have a combined area of approximately 31.22m² which does not comply with the above requirements. Further, Clause 2.5(iii) of Section 2- Part C18 of Ashfield DCP 2007 requires a shared bathroom in a Class 3 Boarding Houses (more than 12 residents) to provide a minimum of 1 bath or shower and washbasin with hot and cold running water for each 6 occupants or part thereof and separate independently accessible toilet facilities. It also requires the shared facilities to comply with the minimum facility requirements for the total occupancy of the premises where some rooms are provided with ensuites. The proposed development does not comply with the shared bathroom & toilet facilities requirements of Clause 2.5(iii) of section 2 Part C15 for Class 3 boarding houses. e) An on-site self contained caretaker facility is provided within the boarding house; f) Standard Repealed; g) The subject site is not zoned for commercial purposes; h) The proposed development complies with the bicycle and motorcycle parking requirements. (2) The proposed development is for the purposes of alterations and additions to an existing dwelling house to convert it into a boarding house and hence sub-clause 1 applies in this instance.
*30A Character of local area*	A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.	In 2009, an approval was granted for alterations and additions to the existing dwelling house which is proposed to be modified as part of this application. The proposed modifications have no impact on the streetscape. The front and rear open spaces are proposed to be retained with no major modifications to the footprint of the existing building. Council is satisfied that design of the development is compatible with the character of the local area.

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:

Table 2

C1	ACCESS AND MOBILITY	This part requires that new boarding houses and alterations and additions to existing boarding houses comply with the specific Access and Mobility requirements stated in Part C1 in respect of accessibility to indoor recreation areas & facilities including sleeping rooms, kitchen, laundries, bathrooms and drying facilities. The proposed development provides no access to room 10 from the front of the property but an accessible path has been provided around the building from the eastern side to the back of the building. However, this path terminates at the sliding door of the lower floor kitchen where there is step to gain access to room 10. Therefore, continuous access has not been provided and the development does not comply with the requirements stated in Part C1.
C11	PARKING	The design objectives for parking areas as stated by Clause 5.1 of Section 5 - Part C11 is as follows: “The objective is to design parking areas that allow safe and efficient traffic circulation, allow on-site water absorption, permit drivers to enter and leave the site in a forward direction, provide for security, integrate well with building design and achieve an attractive streetscape environment. The design should also consider the needs of pedestrians”. To achieve these objectives, recommended design guidelines and standards have been provided including, but not limited to those set out under Clauses No 5.2(f) & 5.2(j), those are as follows: (f) “Minimise the number of entrances and exits”. (j) “Designs that require vehicles to reverse on to main roads, other busy roads or near intersections* will not generally be accepted for safety* reasons”. The submitted proposal provides for vehicle access from the rear of the property (rear lane) as well as from the side of the property (side lane) and requires the vehicles parking at the rear garage & carport to either enter or reverse on to the lane in very close proximity to an intersection. Council is not satisfied that the proposed development complies with the aims and objectives of Clause 5.1 of Section 5 or with the design requirements of Clause 5.2 of Part C11 for parking layout.
C12	PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT	See Clause No. 7.7.
C18	BOARDING HOUSES	Refer to comments below.

Part C18 comments:

Under Section 2, Planning and Design Guidelines, the following comments are provided:

1. Location Criteria for New Boarding Houses

Clause 2.1 of Section 2 requires boarding houses to be located within appropriately zoned medium density residential or business areas where there is good access to public transport, employment, services and recreation opportunities.

The subject site is located in a 2(a) zone which does not comply with the above requirements. However, the location of the subject site is within 400m of Liverpool Rd where regular bus services are provided and hence achieves the objective of the location criteria requirements. Additionally, development for the purpose of a boarding house is permissible in a 2(a) zone under the provisions of the SEPP.

2. Site Planning

Clause 2.2 requires good site planning that aims to minimise impacts on the amenity of adjoining neighbours and ensure a sympathetic relationship with adjoining development

The subject site, fronting Arthur Street, is adjoined by a residential development abutting its eastern boundary while its northern and western boundaries are adjacent to public lanes.

The north-east and north-west property boundaries are adjacent to two public lanes providing reasonable separation distances from neighbouring properties located to the north-east and north-west of the subject site. The south-east section of the building which contains the care taker facility on the lower floor level has a set-back of approximately 1m while the south-east section of the building, fronting Arthur Street, has a set-back of approximately 7m. The rear private open space is proposed to be surrounded by dense vegetation. Additionally, it was recommended by the revised acoustic report, prepared by Acoustic Logic and submitted to Council on 12 April 2012 (included in Attachment 4), that a 2.4m high imperforated fence be constructed along the eastern boundary fence. Other measures have also been recommended by the acoustic report. The report concluded that, provided acoustic treatments outlined in section 5 of the report are implemented, noise impacts on residential properties will be acceptable.

Given the location of the subject site, the positioning of the building and the recommendations made in the revised acoustic report, the proposed development is not considered to have an unacceptable noise impact on neighbouring properties.

3. Building Form and appearance

Clause 2.3 aims to integrate buildings successfully within the existing streetscape in terms of their built form and environmental impact and maintain consistency with the character of the locality and design objectives contained in the relevant Parts of Ashfield Development Control Plan 2007. It requires development for the purpose of boarding houses not to adversely impact on adjoining properties through loss of privacy, overshadowing, noise and view loss.

In 2009, an approval was granted for alterations and additions to an existing dwelling house which is proposed to be modified as part of this application. However, no modifications are proposed to any external window or door opening and hence no additional impact on the privacy of adjoining neighbours is anticipated. The proposed modifications to the existing building will not result in any additional overshadowing or loss of view (refer to Clause 2 (Site Planning) above for further comments).

The proposal complies with the applicable requirements and the aims and objectives of Clause 2.3.

4. Sustainability, Energy Efficiency & Solar Access

The existing building being constructed of double brick/brick veneer reduces the need for mechanical heating and cooling. The western elevation is mainly screened by dense vegetation protecting the western walls of the building from afternoon sun.

The communal area located on the upper level and the communal kitchen located on the lower level have a northerly aspect with all room having access to natural light and ventilation. The main communal outdoor recreation area is located at the rear of the property.

Due to the orientation of the site and the setback of the building from the eastern property boundary, the existing building will have no impact on the solar access of adjoining properties.

5. Room Sizes, Indoor Recreation Areas & Facilities

Refer to Table 1 under Clause 7.1.3 of this report for further comments.

6. Storage Space and Furnishings requirements for sleeping rooms

The proposal complies with the storage space and furnishing requirements for sleeping rooms.

7. Kitchen and dining areas

Refer to Table 1 under Clause 7.1.3 of this report for further comments.

8. Laundries, bathrooms and drying facilities

Clause 2.5(iii) requires a boarding house to contain shared laundry facilities provided at ground level which are accessible for people with a disability and comply with Universal Accessible Design Criteria or, alternatively, separate laundry facilities within each room.

A shared laundry must be equipped with one 8.5 kg capacity automatic washing machine and one domestic dryer for every 12 residents, at least one large laundry tub with running hot and cold water; and 30 metres of clothesline for every 12 residents in an outdoor area which cannot encroach on the outdoor communal area. The proposed development does not provide for separate laundry facilities within individual rooms or for an adequate communal laundry facility in accordance with the requirements of Clause 2.5(iii).

9. Indoor communal living area requirements

Refer to Table 1 under Clause 7.1.3 of this report for further comments.

10. Outdoor recreational areas and facilities

Clause 2.6 of section 2 - Part C18 requires an outdoor space with a minimum area of 35m² and a minimum dimension of 3.0 metres at any point. It requires the area to be north facing where it can receive a minimum 2 hours solar access to at least 50% of the area between 9am and 3pm during the winter solstice, be connected to communal indoor spaces such as kitchens or living areas and be screened by planting from adjoining properties or the public way.

The proposed development provides for a communal outdoor space with an area of approximately 133.46m² and therefore complies.

11. Acoustic Impacts

Clause 2.7 of section 2 - Part C18 requires an acoustic report prepared by a suitably qualified acoustic consultant to be submitted with the development application, describing and assessing the impact of likely noise emissions from the proposal. The originally submitted application included a Traffic Noise Assessment report prepared by Acoustic Logic (Reference No. 20110505.1/0806A/R0/JG and is included in Attachment 4). It assessed the potential traffic noise impact on the future occupants but no assessment was made of impacts arising from the proposal itself. Upon Council’s request, an Environmental Noise Impact Assessment report was submitted (included in Attachment 5). It recommends measures to be implemented to minimise noise impacts on adjoining properties.

12. Access for People with Disabilities

Clause 2.8 of section 2 –Part C18 requires a development for the purpose of a boarding house to comply with the following Universal Accessible Design criteria:

1. There is a clearly discernible accessible path of travel from the front boundary or car park and throughout the entry level of the dwelling.

2. The entry level has a living and food preparation area, bathroom, WC (toilet) and bedroom, all of which can be used by a person in a wheelchair.

3. All rooms, when furnished or fitted out, allow for adequate circulation space for a person using a wheelchair.

4. All doorways and corridors are wide enough to allow a person using a wheelchair to manoeuvre into and out of rooms.

5. Door furniture, switches, controls and outlets are within reach of and can be used by all.

The proposal, in its current form, does not comply with the above-mentioned requirements. Refer to table 1 for comments provided on Clause 29 of the SEPP.

13. Car Parking

Clause 2.9 of section 2- Part C18 requires that bicycle and vehicle parking is to be provided and designed to comply with the provisions of Part C11 of Ashfield DCP 2007.

Part C18 requires bicycle parking to be provided on site at the rate of 1 per 4 bedrooms for occupants and 1 per 16 bedrooms for visitors. This will require the provision of 3.75 spaces rounded up to 4 spaces for bicycle parking. The proposed development does not comply with this DCP requirement.

However, Clause 30(1)(h) of the SEPP requires “at least one parking space to be provided for a bicycle, and one to be provided for a motorcycle, for every 5 boarding rooms”. Refer to Table 1 under Clause 7.1.3 of this report for further comments.

The proposed development satisfies the numerical requirements of the SEPP, however, it does not comply with the design principals of Part C11 of Ashfield DCP for car-parking layout.

14. Operational Plan of Management / On-site Management and Registration

A Plan of Management has been submitted and reviewed by Council’s environment and health officer (included in Attachment 7). No issues have been raised in relation to this plan.

15. Waste

Clause 2.11 aims to ensure that appropriate waste and recycling facilities are provided which meet Council and Environmental Protection Authority (EPA) requirements. The proposal has been reviewed by Council’s health and environment officer and no issues have been raised.

16. Fire Safety

Clause 2.12 aims to ensure the safety of boarding house occupants in the event of fire and requires a development for the purpose of a boarding house to comply with the relevant provisions of the Building Code of Australia and the Environmental Planning and Assessment Regulation 2000 relating to fire safety. A Compliance Assessment report, prepared by AE & D and included in Attachment 6, has been submitted as part of this application and is acceptable.

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. Refer to Table 1 under Clause 7.1.3 of this report for further comments.

7.6 The suitability of the site for the development

These matters have been considered as part of the assessment of the development application. Refer to Table 1 under Clause 7.1.3 of this report for further comments.

The suit is suitable for the proposed development but there are issues with specific aspects of the proposal as outlined in the report.

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 28 February 2012 until 23 March 2012.

7.7.1 Summary of submissions

6 submissions (Attachment 3) were received during the notification of the development application:

Submissions

L F McManus

63 Arthur Street, Ashfield

Ronda and Alan Halcoop

58 Carlisle Street, Ashfield

Halina Dallas

2 Alma Street, Ashfield

Joyce and Tony Buxey

29 Hugh Street, Ashfield

Helen Flinsky

Petition containing 9 names as objectors

The matters raised in the submissions are detailed below in italics:

 Managing the boarding house given the status in which the property is currently in;

 Increase in traffic;

 Unclean environment;

 Establishment and managing of a further undesirable boarding house;

 Inadequate amenities are provided;

 Fire safety given the current status of the property;

 Managing of rubbish and recycling facilities;

 Non compliance with Council’s private open space requirements;

 Non compliance with parking requirements;

 Potential noise transmission;

 Removal of trees; and

 Safety.

Officer’s comments:

The issues raised in the submissions are noted and many of them are agreed with and have been discussed in the contents of this report.

7.8 The public interest

Matters of the public interest have been considered in the assessment of this application. The proposed development has a number of shortcomings and does not warrant Council support.

8.0 Referrals

8.1 Internal

Building

The application has been referred to Council’s Construction Assessment Officer and no issues have been raised subject to the imposition of conditions.

Engineering

The application has been referred to Council’s Hydraulic Engineer and issues have been raised and the proposal is not supported in its current form.

Environmental Health

The application has been referred to Council’s Environment and Health Officer and no issues have been raised subject to the imposition of conditions.

Tree Management Officer

The application has been referred to Council’s Tree Management Officer and no issues have been raised in relation to the proposed removal of trees as indicated on the plans.

Strategic Planning

The application has been referred to Council’s Strategic Planner for Urban Design comments - further details were requested in relation to the proposed design.

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 in the event that the application is supported.

Financial Implications

The proposed development would attract contribution levies under S94 of the Environmental Planning and Assessment Act 1979 should the application be supported.

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 unacceptable for reasons outlined in the report and is therefore recommended for refusal.

ATTACHMENTS

Attachment 1 View	Plans of the Proposal	5 Pages
Attachment 2 View	Locality Map	1 Page
Attachment 3 View	Submissions	6 Pages
Attachment 4 View	Traffic Noise Assessment	16 Pages
Attachment 5 View	Environmental Noise Impact Assessment	20 Pages
Attachment 6 View	BCA Compliance Assessment Report	28 Pages
Attachment 7 View	Plan of Management	5 Pages

RECOMMENDATION

That Council as the consent authority pursuant to Clause 80(1)(b) of the Environmental Planning and Assessment Act 1979 (as amended) refuse consent to Development Application No. 10.2012.35 for alterations and additions to an existing dwelling house to change its use to a boarding house on Lot 22 in DP: 2911, known as 55 Arthur Street, Ashfield, for the following reasons:

1. The proposed development fails to comply with the requirements of Clause 30(1)(d) of the SEPP which requires a consent authority not to consent to development to which Division 3 of Part 2 of the SEPP applies unless it is satisfied that adequate bathroom and kitchen facilities are available within the boarding house for the use of each lodger.

2. The proposed development fails to comply with the requirements of Clause 5(iii) of Section 2 - Part C18 of Ashfield DCP 2007 which requires an adequate communal bathroom facility to be provided;

3. The proposed development fails to comply with the requirements of Clause 2.5(ii) of Section 2 - Part C18 of Ashfield DCP 2007 which requires adequate communal kitchen facility to be provided.

4. The proposed development fails to comply with the requirements of Clause 2.5(iv) of Section 2 - Part C18 of Ashfield DCP 2007 which requires an adequate communal living room to be provided.

5. The proposed development fails to comply with the requirements of Clause 2.5(iii) of Section 2 - Part C18 of Ashfield DCP 2007 which requires appropriate shared laundry facilities to be provided.

6. The proposed development fails to comply with the design principles of Part C11 for car parking layout.

7. The proposal fails to comply with section 4.9 and section 4.7 of Council’s Stormwater Management Codes; and

8. The proposed development is not in the public interest.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 22 May 2012 CM10.4

Subject DEVELOPMENT APPLICATION 10.2012.051.1
67-75 SMITH STREET SUMMER HILL

File Ref DA 10.2012.051

Prepared by Philip North - Specialist Planner

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 the demolition of an existing industrial building and construction of a residential flat building.

The application seeks consent for the following:

· Demolition of the existing industrial buildings on the site;

· Retention of the existing heritage item at 76 Smith Street;

· Construction of a new multi-unit housing development consisting of:

o 28 dwellings consisting of:

No 67 (existing heritage item)	1
New apartments	27
Total	28

o Underground car park for 43 cars consisting of:

Resident car parking spaces	33
Visitor car parking spaces	5
Accessible car parking spaces	3
Car washing bays	2
Total	43

o Ancillary development including landscaping, garbage rooms, common areas and the like.

The development is distributed across 5 essentially separate buildings as follows:

· Building A:

o 4 x terrace style 3 bedroom dwellings fronting Smith Street;

o Basement garages for 2 cars each with direct internal stair access;

o 3 levels including an attic.

· Building B:

o 9 x apartments in a residential flat building:

§ 5 x 2 bedroom

§ 4 x 1 bedroom.

o 3 levels including an attic;

o Basement car park access via a lift and stairs.

· Building C:

o 10 x apartments in a residential flat building:

§ 2 x 3 bedroom;

§ 4 x 2 bedroom;

§ 4 x 1 bedroom;

o 3 levels including an attic;

o Basement car park access via a lift and stairs.

· Building D:

o 4 x apartments in a residential flat building:

§ 2 x 3 bedroom;

§ 1 x 2 bedroom;

§ 1 x 1 bedroom;

o 3 levels including an attic;

o Basement car park access via a lift and stairs.

· Building E:

o The refurbished and extended heritage item at 67 Smith Street:

§ 1 x 3 bedroom dwelling;

o Single storey;

o Basement car park access via Building D.

Plans of the proposal are included at Attachment 1.

2.0 Summary Recommendation

The proposed development contains multiple non-compliances with Council’s controls. These include not only the general controls applying to development in 2
(b) zones, but also to the site specific controls applicable to this development.

An FSR of 0.8:1 is proposed which significantly exceeds the maximum permissible for the site of 0.7:1. This results in a development which fails in respect of other controls applicable to the site. These relate, amongst other things, to side setbacks, privacy and other impacts upon adjacent properties, the location of open space and deep soil planting, the area of individual private open spaces and adverse impacts upon the streetscape and the setting of the existing heritage item on the site. There is also a failure to address the requirements of the site specific DCP for the treatment of the Smith Street frontage.

The development is consequently recommended for refusal.

Background

3.0 Application Details

Applicant : Mr D Randall

Owner : Devonclif Pty Ltd

Value of work : $8,000,000

Lot 1, DP 905800; Lot 62, Sec 8, DP 378 & Lot 63, Sec 8, DP 378

Date lodged : 06/03/2012

Date of last amendment : N/A

Building classification : 2 & 7A

Application Type : Local

Construction Certificate : No

4.0 Site and Surrounding Development

The Site:

The subject site consists of 3 allotments that are legally defined as Lot 1 in DP 905800 (67 Smith Street, Lot 62, Section 8 in DP 378 (71 Smith Street) and Lot 63, Section 8 in DP 378 (75 Smith Street). The site has a combined area of approximately 3,567m² and a frontage of 45.9m².

Industrial and commercial buildings currently occupy 67 and 71 Smith Street. 71 Smith Street is occupied by a two storey 1960’s factory building which has been involved with the manufacture of belts and related products. 75 Smith Street is not built upon and has been used as a staff car park. The existing dwelling at 67 Smith Street has been used for office support to the adjacent industrial uses.

The Locality:

The site is located on the northern side of Smith Street, bounded by Lackey Street to the west and Fleet Street to the east. A locality map is included at Attachment 2.

Surrounding development is mixed with residential, industrial and commercial buildings in close proximity to the site. Dwelling houses dominate immediately to the east, south and north of the site whilst three-storey residential flat buildings are situated immediately to the northwest. Industrial development lies to the west, including the neighbouring site at 51-61 Smith Street.

To the east of the site is the Summer Hill Urban Village which generally comprises two-storey commercial buildings.

The site is also located in close proximity to Summer Hill Railway Station.

5.0 Development History

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

NO.	DATE	PROPOSAL	DECISION
NA	27/02/1951	Use of premises as a carrying business and garage (71 Smith Street)	Refused
NA	18/09/1951	Use of premises for the storage of paper (71 Smith Street)	Approved
NA	17/01/1961	Construction of three-storey residential flat building consisting of 24 units (71 Smith Street)	Approved
BA: 6.1960.3438.1	17/01/1961	Construction of three-storey residential flat building consisting of 24 units (71 Smith Street)	Approved
Permit No. 58	28/02/1962	Use of factory for the maintenance of belts and associated products (71 Smith Street)	Approved
BA: 6.1981.513.1	19/01/1982	Alterations to factory (71 Smith Street)	Approved
DA: 5.1985.50.1	03/09/1985	Construction of aged-care development consisting of 10 units (75 Smith Street)	Approved
DA: 5.1985.92.1	04/03/1986	Use of premises (former dwelling house) as a leather goods business (67 Smith Street)	Approved
DA: 5.1989.100.1	18/06/1989	Painting of building (67 Smith Street)	Approved
DA: 5.1992.186.1	04/08/1992	Construction of factory (75 Smith Street)	Refused
DA:5.1995.277.1	06/12/1995	Erection of signage (71 Smith Street)	Approved
DA: 5.1996.143.1	12/07/1996	Installation of paving and landscaping works (67 Smith Street)	Withdrawn
DA: 10.1996.276.1	07/08/1996	Erection of front fence and landscaping works (67 Smith Street)	Approved
DA: 10.2007.237.1	31/03/2009	Demolition of industrial buildings on the site and construction of 31 dwellings (including refurbishment of the existing heritage item)	Refused by the Court

Previous consents have been noted in the assessment of this application. The development history of the site indicates that the site has generally been in continuous use for industrial purposes over a long period of time. As such, Council must consider the possibility of contamination during the assessment of this application.

The most recent previous development application was lodged with Council on 18 October 2007 and proposed a total of 31 (as opposed to 28) dwellings in a configuration generally similar to that currently proposed. The primary differences include:

· The location of the driveway entry to the centre of the site adjacent the heritage item;

· One additional terrace facing Smith Street;

· A higher and more bulky roof form;

· The connection of buildings C and D;

· More and larger dormer windows.

The applicant filed a Class 1 appeal with the Land and Environment Court on 30 June 2008 based upon the deemed refusal of the application by Council. This resulted in the dismissal of the appeal by Commissioner Bly in a judgement handed down on 31 March 2008. The Commissioner concluded that:

This former industrial, now residential site being close to the Summer Hill station and shops unquestionably provides an excellent opportunity for a successful urban consolidation development. Whilst this is, in some ways, an appropriate development, by failing to appropriately and sufficiently respond to the site-specific requirements of the DCP I have decided that the development application should be refused.

The applicant subsequently engaged in Council’s pre-lodgement advisory service in which Council consistently raised issues with the proposal.

The scheme was amended to its current form and lodged as Provisional Development Application No. 17.2010.387 on 16 November 2010. Council subsequently conducted a provisional review and raised numerous issues with the proposal in letters dated 23 December 2010 and 15 December 2011. The proposal remained unchanged and the applicant lodged it formally as a development application on 6 March 2012.

Assessment

6.0 Zoning/Permissibility/Heritage

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

· The dwelling house at 67 Smith Street is listed as heritage item no. 96 under clause 31 and Schedule 7 of Ashfield Local Environmental Plan 1985.

· The property is located in the vicinity of the Quarantine Ground Heritage Conservation Area.

· The property is located in the vicinity of proposed heritage items at 79-89 Smith Street.

The proposed works are permissible with Council consent.

7.0 Section 79C Assessment

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

7.1 The provisions of any Environmental Planning Instrument

7.1.1 Local Environmental Plans

Ashfield Local Environmental Plan 1985 (as amended)

The proposal fails to comply with the provisions of Ashfield LEP 1985 (ALEP), in particular:

· Clause 17A(3)(a) of ALEP sets a maximum height limit of 6m. The proposal significantly exceeds this and, although an objection to the development standard has been submitted under SEPP 1, this objection is not supported. This is further addressed in this report.

· Clause 57(d) of ALEP requires Council to consider:

“whether the design of the proposed development, in relation to interior noise levels, gives adequate protection from aircraft noise in accordance with AS 2021:2000 ‘Acoustics - Aircraft Noise “Intrusion – Building siting and construction’”.

The submitted documentation does not contain suitable documentation to address this matter.

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 17A(3) of ALEP states that the “maximum height to which a residential flat building may be erected….within Zone No. 2(b) is 6m”.

“Height” in this clause is defined as

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

The application proposes maximum heights up to up to 6.45m for the ceiling of the first floor and up to 9.5m for the attic ceilings and as such fails to comply with this the development standard.

An objection to this development standard has been submitted on behalf of the applicant arguing that strict compliance with this standard is unreasonable and unnecessary in this instance (Attachment 4). This objection has been lodged under the provisions of State Environmental Planning Policy (SEPP) No. 1 – Development Standards.

Lloyd J., in the case of Winton Property Group v. North Sydney Council (2001), posed five questions to be addressed in SEPP 1 Objections. The applicant’s position is assessed below against these criteria:

No.	Question	Applicant’s argument	Assessment
1.	Is the Planning Control a Development Standard?	Clause 17A is a development standard not a prohibition and therefore can be varied.	Satisfactory: Clause 17A is considered a development standard.
2.	What is the underlying object or purpose of the standard?	Whist there is no stated objective for Clause 17A(3)(a) of the LEP 1985, or specific zone objectives for Residential 2 (b) land, the assumed objective is to minimise the impact of development on adjoining land, to control the bulk and scale of development and promote two storey residential building with attic accommodation within the roof space. The proposed third storey within the attic space, whilst not complying with Clause 17A(3)(a) of the LEP 1985, nevertheless complies with the above assumed objectives as follows: (a) The DCP permits the use of attic levels and the proposed pitch of the roof is within the DCP maximums. (b) The proposed development will not hinder any significant existing immediate views or distant iconic views from adjoining buildings or the public place. (c) The finished development will achieve a consistent built form, building bulk and scale to that of the surrounding residential buildings. (d) The proposal will provide high quality architectural dwellings with an attractive presentation to Smith Street and the public domain in a positive manner. (e) The proposal will not give rise to any significant adverse overshadowing, loss of privacy or visual impacts to adjoining properties. (f) The variation will result in an efficient use of attic space without detracting from the public benefit. (g) The variation is consistent with State Policies encouraging urban consolidation including SEPP (affordable Rental Housing) 2009 and SEPP 66 integrating Land Use and Transport. (h) The development complies with the site specific controls set out in ADCP.	Unsatisfactory. The standard may be said to be aimed at promoting a two storey built form; however, it does not necessarily imply that this should include attic roof space. The following matters are more appropriately included under Question 2 below. Nevertheless, they are addressed in the order presented by the applicant: (a) The inclusion of attics is only permitted by the DCP under certain situations. (b) Accepted. (c) This is not accepted – in particular the scale of the dormer windows and height of the first floor ceiling in some instances is considered problematic. (d) This argument is not directly relevant to the height issue. (e) Although this could be assumed to be one of the objectives of the control, it is not agreed that the proposal satisfactorily achieves this. (f) Efficient use of attic space cannot be considered to be a core object of the standard. (g) These State policies are not directly related to the object of the development standard. (h) Compliance with the ADCP is not an object of the standard; the standard would ordinarily take precedence over any provisions of the ADCP. In any case, it is considered that the proposal contains multiple deviations from the Ashfield DCP.
3.	Is compliance with the development standard consistent with the aims of the Policy, and in particular, does compliance with the development standard tend to hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act?	Compliance with the standard would hinder the attainment of the objects of the Act as follows: (a) The proposal is a well articulated and sensitively designed medium density development, retaining and revising the existing heritage item. (b) If the ceiling height development standard is varied, the orderly and economic use and development of the subject site would be promoted and achieved. (c) The development will not compromise surrounding heritage items of heritage conservation areas. (d) The development meets with the 10 Design Quality Principles of SEPP 65. (e) The proposal is of high quality architectural detail, built form and will positively contribute to the streetscape of Smith Street. (f) The proposed development embraces Council’s policy of sustainable and energy efficient development. (g) The development tis of an appropriate building form, bulk and scale when compared with the existing surrounding development and the development potential assigned to this land during the recent rezoning process.	Unsatisfactory. The applicant has not clearly addressed the question regarding the consistency of the development standard with its (assumed) objective. The applicant’s points defend the proposal but do not bear directly upon the question of whether compliance would hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act? Notwithstanding that many of these points are of little relevance to the question, each of the points raised is addressed as follows: (a) It has not been demonstrated that non-compliance with the standard would hinder the conservation of the heritage item. (b) It has not been demonstrated that the orderly and economic use and development of the subject site is dependent upon a variation of the ceiling height standard. (c) A complying development would also not compromise surrounding heritage items of heritage conservation areas. (d) A complying development could equally satisfy the 10 Design Quality Principles of SEPP 65. The buildings, however, may contain less accommodation. (e) High quality architectural detail and built form would be equally possible in a complying development. (f) Council’s policy of sustainable and energy efficient development would be equally served by a complying development. (g) It is considered that the development is excessive in bulk and scale and hinders the attainment of compatibility with the existing surrounding development and the development potential assigned to this land during the recent rezoning process.
4.	Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?	Compliance is unreasonable and unnecessary for the following reasons: (a) The use of the attic space is considered a sensible design approach and is accepted by Part C5 of the DCP under Cl. 5.12 and 5.13 subject to a number of controls. These controls have been met in terms of solar access to adjoining properties and the subject development, a maximum of 36 degree roof pitch and the use of roof space being restricted bedrooms and not a second unit. (b) The encroachment of the ceiling height of the first floor above the 6m is due to the Council requirement for the front terraces to have their ground floor level above the existing footpath level. The visual bulk when viewed from the public domain or adjoining properties is acceptable. (c) The dwellings will provide an appropriate building envelope that is architecturally designed to be consistent in bulk and scale with surrounding freestanding dwellings. (d) The maximum building height is consistent with the provisions of DCP 2007.	Unsatisfactory. The applicant’s responses tend to confuse the arguments relating to unreasonable with those related to unnecessary and are not compelling. Responses as follows to the applicant’s points: (a) It is correct that the DCP permits use of the attic space in certain circumstances specified in PartC5, cl. 5.12 (a-d) and 5.13 of the ADCP. In particular, it has not complied with the following: · Cl. 51.2(d) in that the proposal does not fully comply with the 6 metre height limit; and · cl. 5.13 in that the roof protrusions are “larger than a typical dormer window”. (b) While it is acknowledged that the 6m height limit combined with the 600mm elevation required and the SEPP 65 2.7m ceiling height requirement creates difficulties for Building A if a two storey plus attic form is sought, it is in this situation that a single storey plus attic may be more appropriate. In respect of Building B, no such situation exists and the building would be expected to comply with the height limit. (c) It is considered that the building bulk and scale does not relate appropriately to surrounding development. In particular, Building A presents a highly elevated two storey with a very visible attic presence which is at odds with the single storey character of much of the streetscape, in particular the terraces at 79-89 Smith Street. (d) The DCP permits attics only where the 6m height limit to the first floor ceiling has been complied with – this is not the case in respect of Building A facing Smith Street.
5.	Is the objection well founded?	For the above reasons it is considered that the objection is well founded.	No. See comment below.

Summary:

There are two elements of the proposed development which require variation of clause 17A(3)(a) which applies a 6m height limit to residential flat buildings in a 2(b) zone:

 The attic levels generally; and

 A breach of the 6m height limit by the first floor ceiling of Buildings A and B.

In respect of the first element, it is accepted that attic levels are clearly permitted by the DCP under certain circumstances and it would be unreasonable to vary the development standard to accommodate them, provided the requirements of the DCP are met. This, however, is not the case in respect of the proposal which fails on two counts:

1. The ceiling of the first floor of Building A (the terraces) breaches the 6m height limit and in this instance attics are not appropriate (ADCP, Part C5, cl.5.12(d)); and

2. The dormer windows servicing the majority of the attics are larger than a typical dormer window (ADCP, Part C5, cl.5.13).

In respect of the second element, the breach of the 6m height limit for the first floor ceilings has not been demonstrated to fulfil the requirements for variation under SEPP 1.

It is thus considered that the applicant has failed to demonstrate that the SEPP 1 Objection is well founded in the particular circumstances of the proposed development.

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

Under this Policy, the buildings comprising the proposal would, except for the heritage item, be defined as four storey given the presence of both the attic level and the basement car park.

Nevertheless, cl. 5.9 of the Part C5 of Ashfield DCP permit 2 levels above ground while cl. 5.12 permits an additional attic level under certain circumstances.

State Environmental Planning Policy No. 55 – Remediation of land

As the site is currently used for industrial purposes, and has recently been rezoned for residential use, the applicant was required to submit a contamination report with the previous application; this report has been resubmitted with the current application. Stage 1 and 2 environmental site assessments were undertaken for the site and found the properties to be contaminated land currently unsuitable for residential development. In accordance with the findings of the report and SEPP No., 55 a Remedial Action Plan (RAP) was submitted.

The RAP lists two options to deal with this contamination: excavation and off-site disposal of the contaminated material or the in-situ capping and containment of the contaminated material. Given the risks associated with capping and containment, the RAP report’s recommendation that excavation and disposal be undertaken is supported.

Should the application be approved, it is recommended that a number of conditions be imposed requiring the submission of a validation certificate, prepared by a suitably qualified person, outlining that the subject allotments (67, 71 and 75 Smith Street) are unconditionally suitable for residential purposes prior to any release of any construction certificate.

As the proposed remediation is defined as Category 2 work under SPP No. 55, Council must be notified 30 days prior to the commencement of the remediation.

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

The proposal has been referred to Council’s SEPP 65 advisor for assessment. The comments are attached.

This assessment concludes that the proposal does not satisfactorily respond to the requirements of SEPP 65 in respect of the 10 Design Quality Principles.

In addition, the applicant has not lodged a Design Verification Statement from a qualified designer as required by cl. 50(1A)(a) of the Environmental Planning and Assessment Regulation 2000.

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	Does not comply. See comments below.
C5	MULTI-UNIT DEVELOPMENT IN RESIDENTIAL FLAT ZONES	Does not comply. See compliance table attached.
C10	HERITAGE CONSERVATION	See Heritage Adviser’s comments
C11	PARKING	Complies. Parking rates for multi-unit development within residential zones are as follows:  1 space per unit;  1 additional space for every 5 two bedroom units;  1 additional space for every 2 three bedroom units;  1 visitor space for every 5 units. The resultant car parking requirement for the site is:  35 spaces;  5 visitor spaces; The proposal provides:  33 spaces;  3 accessible spaces (which would also count as resident parking);  5 visitor spaces; and  2 car wash bays. With a total of 43 spaces. The parking provision therefore satisfactory.
C12	PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT	The proposal has been notified in accordance with the Public Notification DCP. See Section 7.7 of this report for detail.

Ashfield DCP 2007 – Part C1 – Access and Mobility:

The proposal demonstrates some degree of compliance with the DCP in that the site and all ground floor units appear to be accessible from both the street and the basement via either a continuous path of travel or a lift. There is, however, a lack of detail on the plans to demonstrate that the constructional resolution would achieve this. Notwithstanding this, some of the interiors are clearly non-compliant in respect of sanitary facilities and circulation space generally and require amendment to render them acceptable.

Building A:

This building is required to have all apartments compliant with the universal accessible design principles of Design Checklist 1.

Accordingly, this building is accessible by way of a continuous path of travel from the street via the rear courtyard (Council’s own controls make access from the front unfeasible). In addition, they would be accessible from the basement via the lift in Building B (but not from their own garages).

The building does not have stairs to the upper levels wide enough to be fitted with a stair lift but does have a ground level living room large enough to be used as a sleeping area.

The ground level toilet, however, is not accessible and fails to comply with ADCP, Part C1, cl. 6.5(f).

Buildings B, C & D:

These buildings are required to have all ground floor apartments compliant with the universal accessible design principles of Design Checklist 1.

All these apartments are accessible from the street and from the basement garage by way of a lift.

There is, however, inadequate circulation space in the master bedrooms and the bathrooms resulting in a non-compliance with ADCP, Part C1, cl. 6.5(e).

There is inadequate detail on the drawings to enable a complete assessment of the compliance of the interior layout. If the application were to be approved, this would be addressed by way of condition of consent.

Building E:

This building, which is the heritage listed dwelling, is accessible from both the street (via the rear entrance although it’s lack of a standard rear door at grade would prove a problem). Apart from this, and despite the fact that it could benefit from an exemption available to heritage items, the internal planning should provide the basis for compliance with universal accessible design principles although some of the more detailed compliance information relation to thresholds and door widths would need to be conditioned as it is not shown on the plans.

Ashfield DCP 2007 – Part C5 – Multi-unit Development:

The proposal contains multiple non-compliances with both the general controls of this part as well as the site specific controls of Appendix 4.

Of the non-compliances with the general controls, the most significant is that relating to FSR. The application proposes 0.80:1 which exceeds the maximum permissible by 0.1:1. Even if the floor area of the heritage item were deleted from the FSR calculations (see earlier discussion regarding this issue), the FSR would still be an excessive 0.74:1. The applicant argues that the excess floor space is entirely contained in the attic spaces and that if this is removed, the FSR would be a readily compliant 0.65:1. There is, however, no provision in the controls for the discounting of attic space from FSR calculations; this is reasonable given that attic space contributes to the density and intensity of a development (in respect of resident numbers, parking requirement and so on) and also contributes to the mass of a development by way of dormer windows and the like (note that the dormer windows proposed in this development are unusually large. A further issue is the lack of a central area of open space to the west of the heritage item, the lack of which is associated with the excess FSR. Given these considerations, it is considered that the FSR is excessive and results in an overdevelopment of the site.

In addition, there are non-compliances with the height controls which, combined with the very large dormer windows to the attics, give an impression of much larger building. This is especially the case at the Smith Street frontage where the already elevated buildings are further elevated by very large dormers to provide a vertical scale at odds with the established primarily single storey character of the residential part of the street.

There are also non-compliances with privacy, solar access and private open space area controls.

In respect of the non-compliances with the site specific controls contained in Appendix 4, the most significant of these is the failure to provide adequate communal open space curtilage to the west of the existing heritage item. As discussed above, this is seen as being associated with the excess floor space.

Although the dwellings facing Smith Street adopt a terrace house style form, they are relatively high (two storeys plus very visible attic) and are much greater in scale than either the single storey terraces opposite on Smith Street or those at 79-89 Smith Street.

In addition, the proposal fails to provide the required widening and landscaping of the Smith Street footpath as well as appropriately located deep soil planting.

A detailed analysis of compliance with this part is contained in the compliance table attached to this report.

These issues suggest a general overdevelopment of the site and could be ameliorated by a less intensive development.

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 adverse environmental impacts upon the locality through its excessive scale and site coverage.

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 primary issue regarding the site is contamination which can be addressed by way of suitable remediation works.

Nevertheless, the proposal as it stands is not considered suitable for the site due to its excessive scale and floor space and other issues arising from this.

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 Mayor and councillors.

7.7.1 Summary of submissions

Eighteen submissions (Attachment 3) were received during the notification of the development application:

Submissions

D. Moore

91 Smith Street

Summer Hill 2130

K. Dess

92 Smith Street

Summer Hill 2130

E. Isikli

13 Fleet Street

Summer Hill 2130

G. & T. Hawkes

7 Chapman Street

Summer Hill 2130

A. O’Brien

7 Fleet Street

Summer Hill 2130

A. & M. Lawrence

64 Smith Street

Summer Hill 2130

L. & N. Waters

35 Carlton Crescent

Summer Hill 2130

V. Cantali

7 Fleet Street

Summer Hill 2130

J. Lockwood

41 Carrington Street

Summer Hill 2130

P. Day

488 Tuggerawong Road

Rocky Point 2259

M. Cleaver

PO Box 428

Summer Hill 2130

S. Hayden

9 Fleet Street

Summer Hill 2130

C. Felton

1 Fleet Street

Summer Hill 2130

S. Wu

shirleysywu@gmail.com

L. Hadland

44 Carlton Crescent

Summer Hill 2130

D. Macgregor & D. Robinson

42 Carlton Crescent

Summer Hill 2130

J. Balgi & H. Foo

Summer Hill 2130

D. Macgregor & D. Robinson

42 Carlton Crescent

Summer Hill 2130

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

Submission Issue	Assessing Officer’s Comment
The proposal is an overdevelopment.	Agreed. This is discussed in the main body of the report.
The buildings present as 3 storeys, not 2.	The proposal, although not presenting entirely as a three storey development, is excessive in height generally and reveals the presence of its third storey to an excessive extent.
The building is too high compared to nearby structures.	Agreed, particularly in respect of the dwellings facing Smith Street.
The development will overshadow neighbouring properties.	Unacceptable overshadowing will not occur to neighbouring properties. Nevertheless, internal overshadowing is likely to be unacceptable.
Shadow diagrams are not adequate.	Agreed although, as noted above, it is unlikely that the proposal would have negative overshadowing impacts due to the orientation of the site.
Insufficient communal open space.	The proposal complies with Council’s requirements in this regard.
The setback of the front townhouses is not consistent with neighbouring properties.	Agreed. The townhouses are approximately half a metre too close to the street.
The proposal will unacceptably increase traffic generation.	Traffic generation will generate relatively moderate vehicle movements which are within the tolerance of the local road network.
The proposal will create unacceptable parking impacts in the locality.	The proposal complies with Council’s parking controls.
Garbage bins would have unsightly effect on the footpath.	Agreed.
Construction work will have adverse impacts upon nearby residents.	Conditions would be applied to any consent to minimise nuisance from construction.
Development will impact upon privacy of nearby residents.	Agreed. See main body of report.
Attics are not permitted by the DCP.	Although attics are permitted in certain circumstances, the proposal does not satisfy all those requirements and are considered to be of an unsuitable form and too extensive.
Excessive pressure of additional population on local facilities (schools etc).	The FSR established for the site has been calculated bearing in mind the availability of local facilities. In this case, however, the proposal exceeds the FSR and is not considered appropriate. Note that if approved, the development would be liable to pay s94 contributions which would contribute towards the necessary upgrading of local facilities.
Pressure on stormwater, electrical supply and water supply.	It is agreed that there are issues with the resolution of stormwater drainage. In respect of electricity and water supply, conditions would be applied to any consent requiring upgrading of facilities as required by the supply authorities.
Impact on breezes.	It is unlikely that the proposal would have any material impact upon breezes and ventilation on adjacent properties.
Inadequate space around heritage house.	Agreed. See main body of report.
Inhibited vegetation growth.	It is unlikely that the proposal would have any impact upon the vegetation on adjacent properties. It should be noted that the site would be significantly landscaped should be the application be approved.

7.8 The public interest

Given the multiple and substantial non-compliances with Council’s controls, the approval of the application is not considered to be in the public interest.

8.0 Referrals

8.1 Internal

The application has been referred internally as follows:

Referral	Comments	Support
Building Surveyor	Generally the exit requirements from the basement area located under Building A doe not satisfy the deemed to satisfy provisions of the BCA as the exit will be provided by the private stairs which is not considered acceptable.	See comments.
Stormwater Engineer	1. The proposal intends to connect its stormwater runoff directly into Sydney Water’s pipeline located in Smith Street. The applicant must submit current written approval allowing this connection and confirming the site’s stormwater discharge and volume. 2. Council requires that allowance be made for surface runoff from adjacent properties, and to retain existing surface flow path systems through the site while also providing adequate protection for the proposed buildings against the ingress of surface runoff. This is unclear how this has been catered for, especially at the rear of the site considering the fall of the surrounding properties. A detailed report examining the existing overland flowpaths of stormwater runoff from the surrounding area will be required to be submitted.	Not satisfactory.
Environmental Health	The development should be conditioned that a stormwater easement be provided adjacent to the rear boundary to convey stormwater from the rear properties via this easement (and associated pipeline) to the Smith Street frontage in accordance with Council’s engineering requirements.	Supported subject to conditions.
Heritage	See attachment.	Not satisfactory.
SEPP 65 Assessor	See attachment.	Not satisfactory.
Traffic Engineer	Acceptable on condition that: 1. The headroom, ramp gradients, aisle and parking bay widths and dimensions etc and disabled parking facilities are designed in accordance with AS2890.1:2004 and AS2890.6:2009. 2. Tandem parking is only assigned to vehicles of the one resident unit. 3. Visitor parking is not assigned into the dead end aisle areas of the car park, and that appropriate measures should be taken to advise and not direct visitors into the dead end aisle areas, unless a turning area can be provided for at the end of these aisle areas. 4. Should there be kerb space set aside for the pickup of garbage from the street, then the applicant will be borne for costs associated with the installation of a no parking zone, limited to times of waste collection only. The installation of a no parking zone will be carried out by Council. The no parking zone should be placed within the street frontage of the site and not outside the adjoining neighbouring premises.	Supported subject to conditions.
Tree Officer	The applicant proposes the removal of a Fraxinus and an Ulm tree. I have no objection to the removal of these 2 trees provided 2 replacement trees are planted in addition to those proposed by the applicant.	Supported subject to conditions.

9.0 Other Relevant Matters

Stormwater Management Code

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

Stormwater Drainage Lines – referral required?

10.0 Building Code of Australia (BCA)

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

Financial Implications

If undertaken, the development would generate section 94 contributions as follows:

	CONTRIBUTIONS (NEW DEVELOPMENT)				TOTAL
	Residential Accommodation less than 60sqm GFA	Residential Accommodation between 60-84sqm GFA	Residential Accommodation greater than 84sqm GFA
Number of Dwellings / Beds or GFA	5	9	14	N/A
Number of deficient car parking spaces	0	0	0	0
Local Roads	$693.69	$1,248.64	$2,481.87	$4,424.20
Local Public Transport Facilities	$2,219.05	$6,159.13	$13,659.85	$22,038.03
Local Car Parking Facilities	$0.00	$0.00	$0.00	$0.00
Local Open Space and Recreation Facilities	$39,023.22	$108,311.77	$240,216.19	$387,551.17
Local Community Facilities	$2,410.53	$6,690.60	$14,838.56	$23,939.69
Plan Preparation and Administration	$1,773.04	$4,921.19	$10,914.33	$17,608.56
TOTAL	$46,119.52	$127,331.33	$282,110.80	$455,561.65

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 exhibits multiple non-compliances with Council’s controls. It is considered to be excessive in bulk and scale, with excessive proximity to adjacent residential properties and the existing heritage item, and is generally an overdevelopment of the site.

The proposal is unacceptable for reasons outlined in the report and is therefore recommended for refusal.

ATTACHMENTS

Attachment 1 View	Plans of the Proposal	10 Pages
Attachment 2 View	Locality Map	1 Page
Attachment 3 View	Submissions	29 Pages
Attachment 4 View	Heritage Advice	1 Page
Attachment 5 View	SEPP 65 Adviser Comments	8 Pages

RECOMMENDATION

That Council as the consent authority pursuant to Clause 80(1)(b) of the Environmental Planning and Assessment Act 1979 (as amended) refuse consent to Development Application No. 10.2012.51.1 for demolition of existing industrial buildings, alterations and additions to the existing heritage item, construction of 27 dwellings within 4 new residential flat buildings and a new underground car park for 43 cars and strata subdivision on Lot 1 DP: 905800, Lot 62, Sec 8 DP 378 & Lot 63 Sec 8 DP 378, known as 67-75 Smith Street, Summer Hill, for the following reasons:

1. The proposed development represents and overdevelopment of the site and is excessive in bulk and scale.

2. The application has not been accompanied by a Design Verification Statement from a qualified designer as required by cl. 50(1A)(a) of the Environmental Planning and Assessment Regulation 2000.

3. The proposed development does not comply with clause 17A of Ashfield Local Environmental Plan 1985 in that it exceeds the maximum permissible height of 6m and this non-compliance is not supported by an adequate Objection under State Environmental Planning Policy No. 1.

4. The proposed development does not comply with clause 32(3) and 37 of Ashfield Local Environmental Plan 1985 in that it will have an adverse impact upon the heritage item existing on the site.

5. The proposed development does not comply with clause 6.5(e), Part C1 of Ashfield DCP 2007 in that many of the bathrooms and bedrooms contain inadequate circulation space for full accessibility.

6. The proposed development does not comply with clause 6.5(f), Part C1 of Ashfield DCP 2007 in that the ground floor toilets of Building A are not suitable for full accessibility.

7. The proposed development does not comply with clause 3.5, Part C5 of Ashfield DCP 2007 in that the building design of the dwellings facing Smith Street is intrusive due to the number of excessively large dormer windows, the height of the buildings and the intrusive layout of the temporary garbage bin holding area.

8. The proposed development does not comply with clause 4.7, Part C5 of Ashfield DCP 2007 in that the floor space ratio exceeds the permitted maximum of 0.7:1.

9. The proposed development does not comply with clause 5.4, Part C5 of Ashfield DCP 2007 in that the setback of the four dwellings at the front of the site is inconsistent with the adjacent attached dwellings at 79-89 Smith Street.

10. The proposed development does not comply with clause 5.6, Part C5 of Ashfield DCP 2007 in that the setbacks to the neighbouring residential buildings at 91A Smith Street and 40-46 Carleton Crescent are inadequate to provide suitable levels of amenity.

11. The proposed development does not comply with clause 5.11, Part C5 of Ashfield DCP 2007 in that the height of certain portions of the first floor exceed 3.4m.

12. The proposed development does not comply with clause 5.12(d), Part C5 of Ashfield DCP 2007 in that the proposal does not fully comply with the 6m height limit to the ceiling of the first floor and consequently does not permit the utilisation of the roof space for attics.

13. The proposed development does not comply with clause 5.13, Part C5 of Ashfield DCP 2007 in that the attic roof protrusions are larger than a typical dormer window.

14. The proposed development does not comply with clause 5.16(b), Part C5 of Ashfield DCP 2007 in that it has not been demonstrated that sunlight will reach at least 50% of the area of all the private courtyards between 9am and 3pm on June 21.

15. The proposed development does not comply with clause 5.16(d), Part C5 of Ashfield DCP 2007 in that it has not been demonstrated that sunlight will reach at least 40% of the area of north facing windows in the development between 9am and 3pm on June 21.

16. The proposed development does not comply with clause 6.1(a), Part C5 of Ashfield DCP 2007 in that it has not ensured adequate privacy for residents, in particular those of Units 5,6,7,8,14 & 18 which have low level French doors opening directly onto public areas with only planting as separation.

17. The proposed development does not comply with clause 6.3(d), Part C5 of Ashfield DCP 2007 in that the first floor balconies of Units 20,21,22,23,26 & 27 directly overlook the private open space of the adjacent dwellings to the north of the site.

18. The proposed development does not comply with clause 8.8, Part C5 of Ashfield DCP 2007 in that the private outdoor areas of Units 1,2,3,4,8 & 18 do not meet the minimum area requirement of 35m2.

19. The proposed development does not comply with clause B3, Appendix 4, Part C5 of Ashfield DCP 2007 in that it does not provide for the widening to 3.5m of the footpath along Smith Street.

20. The proposed development does not comply with clause B4, Appendix 4, Part C5 of Ashfield DCP 2007 in that it does not provide deep soil planting in the locations specified in Diagram 1.

21. The proposed development does not comply with clause B7, Appendix 4, Part C5 of Ashfield DCP 2007 in that it does not provide open space areas generally in the location of Diagram 1.

22. The proposed development does not comply with clause B8, Appendix 4, Part C5 of Ashfield DCP 2007 in that it does not provide deep soil areas along Smith Street generally in the location of Diagram 1.

23. The proposed development does not comply with clause B9, Appendix 4, Part C5 of Ashfield DCP 2007 in that it does not provide advanced height tree planting along Smith Street.

24. The proposed development does not comply with clause B10, Appendix 4, Part C5 of Ashfield DCP 2007 in that it does not provide a deep soil planting area 5m in width.

25. The proposed development does not comply with clause B12.1, Appendix 4, Part C5 of Ashfield DCP 2007 in that a dormer window and two living room windows from Unit 9 overlook the private open space of the adjacent property to the west.

26. The proposed development does not comply with clause B12.4, Appendix 4, Part C5 of Ashfield DCP 2007 in that the first floor balconies of Units 20, 21, 22, 23, 26 & 27 directly overlook the private open space of the dwellings to the north of the site.

27. The proposed development does not comply with clause B14, Appendix 4, Part C5 of Ashfield DCP 2007 in that the private rear garden of the heritage listed house at 67 Smith Street is not a minimum of 8m in depth.

28. The proposed development does not comply with clause B15, Appendix 4, Part C5 of Ashfield DCP 2007 in that it does not provide a vehicular driveway which is generally flat for a distance of 20m from the Smith Street boundary with a gradient no steeper than 1:20.

29. The proposed development does not comply with clause B15, Appendix 4, Part C5 of Ashfield DCP 2007 in that it does not provide a deep soil planting zone 2.5m wide adjacent the vehicular driveway while the driveway itself does not provide a 20m long front section with a gradient of 1:20 or less.

30. The proposed development does not satisfy the requirements of Part C10 of Ashfield DCP 2007 in that the style of fencing, including the proposed latch gate, proposed around the existing heritage item is not appropriate to the heritage values of the item.

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).

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(b) Residential 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 17

Floor space ratios

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

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

Not applicable.

CLAUSE 17A

Height of residential flat buildings

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

(2) In this clause –

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

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

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

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

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

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

Does not Comply

Proposed Height = up to 9.5m

Allowable Height = 6m

See report.

CLAUSE 28

Suspension of certain laws

Noted.

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 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.

Does not comply.

It is considered that the carrying out of the proposed development will not meet the aims of the heritage provisions of Ashfield LEP 1985 due to the encroachment of the proposal into the curtilage of the heritage item on the site.

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

Does not comply.

It is considered that the carrying out of the proposed development will have an adverse impact upon the heritage significance of the Heritage Item due to the excessively close proximity of the proposed buildings to the existing heritage item.

Requirement for conservation plan or heritage impact statement

Complies.

A conservation plan has been submitted and has been used in the assessment of the application.

Complies.

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

CLAUSE 37

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

Does not comply.

It is considered that the carrying out of the proposal will have an adverse impact upon the heritage significance of the heritage item on the site due to the inadequate curtilage.

CLAUSE 37A

Conservation incentives

Not applicable.

It is considered that the conservation of the existing heritage item on the site is not dependent upon the granting of consent as follows:

· The building is a dwelling house of an average size which and type which is commonly returned to residential use and restored without the benefit of a larger development taking place;

· It is currently used for commercial purposes which conserve it, although not in its original use; and

· The building is not in a derelict state.

CLAUSE 57

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

Complies with (a), (b) and (c)

Does not comply with (d).

See Report.

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

See report.

COMPLIANCE TABLE – DCP PART C5 – MULT-UNIT DEVELOPMENT

PART 1

Objectives

Does not comply.

Part C5 of Ashfield DCP applies to this site and has been used in the assessment of this application. It is considered that the carrying out of the proposed development will not meet the objectives of DCP.

PART 2

Residential Design Process

Does not comply.

Although a site analysis has been submitted it is considered that the development is an overdevelopment of the site and unsympathetic to the existing heritage item as well as surrounding development.

PART 3

Preferred development

Ashfield’s Housing Character

Does not comply.

It is considered that the carrying of the proposal will not be in keeping with the existing residential character of Ashfield Municipality, particularly with respect to overall bulk of the development.

Streetscape and Landscape

Does not comply.

Although an assessment of the streetscape has been provided with the development application, it is considered that the front townhouses are excessive in height in comparison with the dwellings at 79-89 Smith Street. It is also considered that the development is deficient in deep soil planting and open space.

Building Appearance and Character

Does not comply.

The excessive number of excessively large and wide dormer windows is intrusive, particularly on the front facing townhouses.

Fences and Walls

Complies. It is considered that the proposed front fence/wall is compatible with the streetscape and in keeping with directly adjoining neighbouring properties.

Heritage Conservation

Does not comply.

Adequate details have not been provided of the restoration works proposed to the existing heritage item on the site.

PART 4

Housing Density

Floor Space Ratio

Does not comply.

FSR Control = 0.7:1

Site Area = 3,567m2

Gross Floor Area = 2,843.37m2

Proposed FSR = 0.80

Note:

This calculation includes both the area of the existing heritage item and the attics. The applicant, however, has requested that the area of the heritage item be excluded on the basis of cl. 37A of the LEP in that the conservation of the building depends upon the exclusion. As Council is not satisfied that this is the case (given that the building is an average sized dwelling and readily adaptable to that use), the floor area of the heritage item has been included in the FSR calculation.

Note that if the floor area of the heritage item is excluded from the calculations, the following results:

Site Area = 3,567m2

Gross Floor Area = 2,657.37m2

FSR = 0.74

This figure is also non-compliant.

PART 5

Building Envelope, siting and solar access

Front Setback

Does not comply.

The front setback of the proposal is not consistent with the setbacks of the buildings on the adjoining properties.

The adjacent attached dwellings between 79 and 81 Smith Street which lie adjacent the site have a front setback which is 5m and more whereas the proposed terraces fronting Smith Street have a front setback of 4.4m.

Orientation and Siting

Does not comply.

Insufficient setbacks are provided to the neighbouring residential buildings at 91A Smith Street and 40-46 Carlton Crescent.

Building Height

Does not comply.

Number of levels proposed = 2 + attic (complies)

Maximum height = 3.4m

Height of first floor level = 3.8m

Solar Access

Complies. At least 80% of the units proposed have a living room window with a northerly aspect.

Does not comply.

The applicant has not demonstrated that sunlight will reach 50% of the area of all the private open spaces on the site and on adjoining sites for 3 hours between 9am – 3pm on 21 June (in particular Units 1-3, 6, 7 & 8 and the house)

Does not comply.

The applicant has not demonstrated that solar access will be provided to at least 40% of the glazed area of north facing windows of each dwelling in the proposed residential development (in particular Units 1-3 and the House)

PART 6

Privacy, views & outlook

Visual privacy

Does not comply.

Objective 6.1(a)

Adequate privacy is not provided for residents of Units 5, 6, 7, 8, 14 & 18 as low level windows and French doors (including of bedrooms) open directly onto public/common areas with separation provided only by landscaping rather than any physical barrier (i.e. low fencing or the like).

6.3(a)(b)(c) Visual Privacy Standards

Distance between ground level direct facing windows =10m

Minimum sill height of ground level direct facing windows =0

Distance between balconies, terraces and/or decks = 3.6m (Units 4/& 8) to 7.6m (Units 14/18 & 5-8)

6.3(d) Visual Privacy Standards

The first floor balconies of Units 20, 21, 22, 23, 26 and 27 directly overlook the private open space of the dwellings to the north.

Screening is required, as openings are non-translucent below 1.7m. This will be a condition of development consent.

Acoustic privacy

Complies.

It is considered that the level of acoustic privacy within the development satisfies the provisions of this part.

Views and Outlook

Complies.

The principles of view sharing have been adhered to in the design of the development. All dwellings within the new residential development have an open outlook to an area of landscaping or open space.

PART 7

Car-parking

See assessment under Part C11 of Ashfield DCP 2007.

PART 8

Open Space and Landscaping

Private and Communal Open Space

Private Open Space:

Does not comply.

The private open areas proposed do not meet the minimum requirements outlined in this clause. The following units do not meet the minimum area requirement of 35m² and provide only the areas listed:

Unit 1: 26m²

Unit 2: 26m²

Unit 3: 26m²

Unit 4: 26m²

Unit 8: 32m²

Unit 18: 18m²

Communal Open Space:

Complies.

The communal open space required is 230m². The proposal provides well in excess of this amount.

Landscaping

Complies.

Site Area = 3567m²

Proposed landscaping = 1858m² (52% - 50% required)

Proposed soft landscaping = 1350m² (37% - 35% required)

Proposed deep planting = 1260m² (35% - 30% required)

Tree Preservation

Complies. No trees covered by Council’s Tree Preservation Policy are to be removed from the site.

PART 9

Safety and Security

Complies. It is considered that the proposed development satisfies the provisions of this part.

PART 10

Design for climate

BASIX supersedes this part of the DCP.

PART 11

Stormwater drainage

See body of report.

PART 12

Site Facilities

Waste management

Complies.

The proposed location of the garbage collection storage area and bin collection point satisfies the provisions of this part.

No. of bins proposed = 29

No. of bins required = 28

Contaminants

There is no evidence to suggest that the site contains contaminates. Remediation of the site is not required prior to the carrying out of the proposed development.

Storage

Complies.

A storage area of at least 8 cubic metres per dwelling forms part of the proposed development.

Mailboxes

Complies.

Clothes Drying

Complies.

Television aerials

Only one television reception device will be permitted as part of the strata title development. This will be a condition of development consent.

Car wash bays

Complies.

One car wash bay for each 10 units has been provided.

Appendix 4: 55-75 Smith Street, Summer Hill
No.	Control	Assessment	Compliance
A: Relevant planning provisions
	The provisions of Part C5 apply to the land to which this Appendix applies in addition to the site-specific development controls listed below.	See assessment above.	No
B: Site Specific Controls
Context
1.	A Conservation Management Plan shall be submitted for the heritage item at 67 Smith Street. It shall advise on the extent of retention of the house, and surrounding gardens, and the extent of open space curtilage, that would retain the cultural significance of the heritage item.	CMP has been prepared.	Yes
2.	Housing/dwellings along Smith Street shall be designed to appear as if they are terrace houses, and take architectural cues, or mimic, the forms of adjacent and nearby historic dwellings, in order to complement the character of the street.	The four dwellings proposed along Smith Street adopt a terrace style.	Yes
3.	The footpath/verge area along the northern part of Smith Street shall be widened to 3.5 metres in order to provide tree planting along the street, and complement existing tree planting along the south side of Smith Street and the vista toward the Summer Hill shopping centre, and to allow adequate room for pedestrian paths.	No provision has been made for the widening of Smith Street.	No
4.	Deep soil areas shall be provided around the perimeter of the site, generally in the positions shown in Diagram 1 in order to provide a tree buffer for adjoining dwelling allotments, and to protect root zones for adjoining trees.	Deep soil areas have not been provided in accordance with Diagram 1, in particular to the west and centre of the site.	No
Density
5.	The floor space ratios of Part C5 apply.	See assessment above.	No
Resource, Energy & Water Efficiency
6.	The majority of dwellings, in the range of 90% of all dwellings on the site, shall have a northerly orientation and cross ventilation.	More than 90% of the dwellings have a northerly orientation and adequate cross ventilation.	Yes
Landscape
7.	The landscape area requirements of Part C5 apply. In addition, communal open space areas shall be provided generally in the locations, and to the sizes shown on Diagram 1. This is in order to provide a central focal area for the establishment of large trees, and to maximize the usability of the common area.	The central landscaped area illustrated in Diagram 1 has not been provided.	No
8.	Deep soil areas shall be provided along the Smith Street frontage shown in Diagram 1 including for the establishment of trees and for reasons of amenity and streetscape.	Not provided.	No
9.	Street trees of an advanced height of 1.8m shall be provided along Smith Street at the site owner’s expense to meet Council’s requirement. To allow this to occur, the Smith Street property boundary shall be repositioned to provide a 3.5 m wide footpath area.	No street tree planting has been proposed along Smith Street.	No
10	Dwellings along Smith Street shall have a front garden area, with deep soil planting area of approx. 5m in width, with a minimum of hard paved areas, and also provide a fence to demarcate the garden areas.	The deep spoil area along Smith Street is only 4.5m wide rather than the 5m required.	No
11.	Areas around the perimeter of the communal spaces, which abut the facades and windows of ground level dwellings, shall be designed in a manner that provides a visual landscape vegetation buffer for privacy for occupants of the adjacent dwelling.	Landscaping provides visual buffer but is unlikely to provide adequate separation due to the generally low level of windows and glazed doors opening out towards common areas from private rooms.	Not satisfactory
Amenity
12.	Development on the site shall have windows or balconies that do the following :
12.1	do not face the eastern boundary of 77 Smith Street - this is in order to avoid overlooking of windows and middle garden areas;	A dormer window and two living room windows from Unit 9 overlook the private open space of this property.	No
12.2	do not face the western boundary with 53 Smith Street - this is in order to avoid overlooking of the house;	Not applicable.	N/A
12.3	do not face the eastern boundary of houses at 7-19 Fleet Street - this is in order not to overlook the private gardens of adjacent houses;	The development site does not abut any of the Fleet Street properties.	Yes
12.4	where any windows or balconies near the above boundaries have the ability to overlook adjacent properties sideways, they shall have screens constructed to obstruct such views so as only to have views onto the site.	First floor balconies of Units 20, 21,22,23,26 & 27 directly overlook the private open space of the adjacent dwellings to the north of the site.	No
13.	Floor levels of dwellings along Smith Street shall be a minimum of 600mm above footpath level in order to maintain privacy for occupants. In order to comply with Clause 17, access paths 1:14 maximum gradient may be provided to the rear of these dwellings.	Required elevation has been provided.	Yes
14.	A private rear garden area shall be provided for the heritage-listed house at 67 Smith Street, covering the width of the house and being a minimum of 8m in depth.	Rear garden only has a depth of 7.5m at its maximum point.	No
15.	Vehicular driveways off Smith Street shall be generally in the location shown in attached Diagram 1 and as follows: Ashfield Municipal Council Multi-Unit Development in Flat Zones- Part C5 Ashfield Development Control Plan 2007 Part C5 61 - be generally flat for a distance of 20 metres from the Smith Street boundary, having a gradient no steeper than 1:20; - have their pavements with a coloured finish; - have a minimum width of 5m in order to allow two cars to pass each other; - have an adjacent deep soil zone for tree planting, which is 2.5m wide, in order to provide a buffer to adjacent dwellings - have the area forward and adjacent any new dwellings designed in a way which has its landscape design providing a buffer for adjacent dwellings, with regard to ameliorating the visibility of vehicles entering and exiting the site, and impacts of the positioning of garbage bins, and recycling bins along the Smith Street footpaths.	Driveway is located in required position but is excessively close to the western boundary and does not provide a 20m front section at a gradient of 1:20 or less.	No
16.	Dwellings located adjacent the vehicular driveways off Smith Street shall be designed to minimise the impacts of the adjoining driveways by having a landscape design and building design which adequately responds to that relationship, and also meets the other aesthetic and streetscape requirements.	The buildings adjacent the driveway have no windows, openings or open space overlooking the driveway and consequently minimise any adverse effects that it may have upon the amenity of residents.	Yes
Access
17.	All ground level dwellings shall be accessible for people with a disability from Smith Street and also have "Universal Design Principles" applied to their interior design, in order to allow those dwellings to be accessible and easily adaptable.	Ground floor dwellings accessible via the rear.	Yes
Housing Affordability
18.	A minimum of 10% of dwellings shall be no larger than 60sqm in order to provide lower cost affordable housing.	5 units are less than 60m² and meet this requirement.	Yes
Aesthetics
19.	A contemporary/abstract building design style is appropriate only when a very high standard of architectural composition is achieved. This is in order to avoid bland or minimalist forms intended to facilitate simple building construction methods or simply to express the building structure.	The architectural style and composition is contemporary yet retains appropriate form and scale to relate successfully to the more traditional surrounding building forms.	Yes
20.	If a high contemporary architectural standard in accordance with clause 19 cannot be achieved, a traditional architectural language shall be required which takes more mimetic architectural cues from nearby conservation areas.	Not applicable.	N/A
21.	The level of architectural documentation shall be as follows: - One that ensures that the constructional aspects of the proposal have been taken into account in the architectural portrayal of the proposal, so as to make it a realistic and constructible one. - A level of documentation that ensures the Development Application concept is carried through to construction stage.	Inadequate details have been provided of the extent of restoration of the heritage item at 67 Smith Street. A detailed scope of works is required.	No.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 22 May 2012 CM10.5

Subject DEVELOPMENT APPLICATION: 10.2012.074.1
262 HOLDEN STREET ASHBURY

File Ref DA 10.2012.074.

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 to construct a new front fence and alterations to the dwelling, including a new laundry at the rear of the dwelling-house.

Plans of the proposal are included at Attachment 1.

2.0 Summary Recommendation

The development is recommended for conditional approval.

Background

A site inspection undertaken by Council’s Ranger Development Compliance revealed that works have commenced on site prior to the lodgement and issue of a development consent.

A stop work order under the Environmental Planning and Assessment Act 1979, Section 121B was issued on the 5 March 2012.

The architect discussed the proposal with Council’s heritage adviser and a formal application was later lodged with Council on the 5^th of April.

An email on the 23 April 2012 was sent to the applicant and architect requesting the following:

1. Further details regarding the height of the front fence i.e. from the natural ground level to the top most point of the fence;

2. The plans shall include the side setback of the new laundry and shower to the boundary;

3. The site plan shall indicate the soft landscaped area to ensure the site will maintain the existing soft landscaped area. Please note that Council will not support a reduction in the soft landscaped area;

4. A site inspection revealed that there are two sheds in the rear yard, the plans shall be amended to reflect the location of these sheds;

5. All the BASIX commitments are to be marked on the plans including the window and glazed doors glazing requirements;

6. The applicant shall provide a completed Political Donations and Gift Disclosure Statement (attached).

7. As works have commenced on site without the prior consent of Council an $845.00 fee is to be paid to Council in accordance with Council's Fee and Charges.

The following information was provided:

1. The plans were amended to reflect the height of the proposed front fence;

2. The plans now indicate that the proposed laundry and shower is setback 900mm from the side boundary;

3. A landscaped area (plan) of the site has been provided;

4. The location of the existing sheds have been indicated on the plan;

5. BASIX commitments shown on the plans as required;

6. A completed Political Donations and Gift Disclosure Statement has been provided;

7. The unauthorised works fee has been paid.

3.0 Application Details

Applicant : Mr Y Q Cheng

Owner : Mr Y Q Cheng & Ms L Dong

Value of work : $175,000.00

Lot/DP : LOT: 1 DP: 953126

Date lodged : 05/04/2012

Date of last amendment : 5 April 2012 and 26 April 2012*

Building classification : 1a

Application Type : Local

Construction Certificate : No

Section 94A Levy : Yes

* Amended drawings to meet Council’s request, refer to above comments.

4.0 Site and Surrounding Development

The subject site is located on the eastern side of Holden Street, bounded by Hanks Street to the north and Princess Street to the south. The site area is approximately 474.3 square metres. An existing single storey dwelling-house is located on the site. Surrounding development comprises residential uses. 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
6.1952.901	25/6/1952	Open Verandah	Approved
6.1949.188	15/61949	Proposed addition to verandah	Approved
6.1946.385	21/3/1946	Proposed laundry and landing	Approved
6.1984.53	28/2/1984	Carport	Approved

The previous consents were noted in the assessment 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 a heritage item.

· The property is located within the vicinity of a number heritage items identified as 220-252 Holden Street and 264, 266, 270 and 268 Holden Street.

The proposed works are permissible with Council consent.

7.0 Section 79C Assessment

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

7.1 The provisions of any Environmental Planning Instrument

7.1.1 Local Environmental Plans

Ashfield Local Environmental Plan 1985 (as amended)

It is considered that the proposal complies with the provisions of the Ashfield LEP 1985 in particular Clause 32-Protection of heritage items, heritage conservation areas and relics.

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

Not applicable.

State Environmental Planning Policy No. 55 – Remediation of land

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

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

Not applicable. The proposed works cannot be defined as 'exempt' or 'complying' development.

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:

C10	HERITAGE CONSERVATION	Council's Heritage Adviser did not raise any objections to the proposal and as such is not expected to detract from the character or significance of the heritage item or adjoining heritage items.
C11	PARKING	The subject site provides one on-site parking space. The proposal will not increase the demand and need for additional parking.
C12	PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT	The proposal was notified in accordance with Council’s notification policy. Refer to Part 7.7.1 of this report for details.
C15	HOUSES & DUAL OCCUPANCIES	Refer to comments below:

Part C15 Houses and Dual Occupancies:

Scale and bulk

The proposal consists of alterations and additions to the existing dwelling and new front fence. The height and bulk is consistent with existing development in the locality.

The subject site has a maximum FSR requirement of 0.6:1. As a result of the proposed works the floor space ratio is (152.77sqm) 0.32:1 and therefore consistent with the ADCP 2007.

Aesthetics:

The proposal consists of alterations and additions to the existing dwelling-house and a new front fence.

The Ashfield Development Control Plan requires new development to be sympathetic to the context of the site, and have a high standard of architectural composition. There are varying architectural forms of development within the vicinity of the site, comprising mainly single storey dwellings. The proposal is considered to be sympathetic in its local context.

Front Fence: The proposed new fence is not proposed to be higher than 1200mm and will be of a double brick construction with bullnose capping, which will replace a lower “retaining wall” as the ground level (garden area) within the site is higher than the street level.

The proposed fence is considered to be in keeping with other similar style fences in the locality.

Landscape and Site Layout:

The ADCP requires that the site provides a minimum landscaped area of 45% and that 70% of the minimum landscaped area be capable of deep soil planting.

As the subject site is an individually listed heritage item the definition of ‘landscaped area’ is defined under Part 4 Clause 31 of the Ashfield Local Environmental Plan 1985 which reads “Landscaped area does not include hard surfacing on a site or areas less than 900mm in width”.

The subject site requires a minimum of 45% of the site area to be landscaped area at ground level i.e. 213.435sqm. The subject site currently provides a total deep soil landscape area of 230sqm, which is above the minimum requirement of 45%.

The proposal does not seek to remove any trees.

Amenity for neighbours:

The ADCP requires solar access to be maintained to at least 50% (or 35m², whichever is lesser) of the principal private area at ground level of the private open spaces of the adjacent properties between 9am and 3pm on the 21 June.

The DCP also requires that solar access be maintained to at least 40% of the glazed areas of any neighbouring north facing living room/dining room windows.

The proposal is not considered to impact on the solar access of adjoining properties.

Neighbour's Privacy: The proposal is not considered to impact the privacy of the adjoining properties.

Ecological Sustainable Development:

A BASIX certificate was submitted with the application.

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

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

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

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

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

7.6 The suitability of the site for the development

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

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

The proposal was notified to all adjoining and nearby affected property owners and occupants and Councillors from 11 April 2012 until 27 April 2012.

7.7.1 Summary of submissions

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

7.8 The public interest

Matters of the public interest have been taken into consideration in the assessment of the application. The proposal is acceptable and warrants support.

8.0 Referrals

8.1 Internal

Heritage Adviser: No objections raised to the proposal.

Comments from Council’s Heritage Adviser are included at Attachment 3.

Building: No objections to the proposed works, subject to conditions.

Engineering: No objections, subject to conditions.

9.0 Other Relevant Matters

Section 94A Contribution Plan

Based on the estimated value-of-works of $175,000.00 a Section 94A Contribution fee of $875.00 would be payable to Council should the application be approved.

Ashfield Heritage Study

The Ashfield Heritage Study conducted by Godden Mackay Pty Ltd was considered in the assessment of this application.

Stormwater Pipes

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

Orders

On the 5 March 2012 Order No.19 – to cease carrying out specified building work or subdivision work under the Environmental Planning and Assessment Act 1979, Section 121B, was issued as works to the heritage listed property had commenced without a development consent.

10.0 Building Code of Australia (BCA)

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

Financial Implications

Nil.

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 therefore recommended for conditional approval.

ATTACHMENTS

Attachment 1 View	Plans of Proposal	5 Pages
Attachment 2 View	Locality Map	1 Page
Attachment 3 View	Heritage Advice	9 Pages

RECOMMENDATION

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2012.74.1 to construct a new front fence and alterations to the dwelling, including a new laundry at the rear of the dwelling-house on Lot 1 in DP: 953126, known as 262 Holden Street, Ashbury subject to the following conditions:

CONDITIONS

A General Conditions

(1) Approved plans stamped by Council

The development must be carried out only in accordance with the plans and specifications set out on drawing numbers:

DA01 Issue B Dated 26 April 2012

DA03 Issue A Dated 05 April 2012

DA04 Issue B Dated 26 April 2012

DA05 Issue B Dated 26 April 2012

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 and relevant Australian Standard requirements.

(3) Front Fence

The height of the front fence shall not be more than 1.2 metres when measured from the ground level of the footpath.

B Design Changes

Nil

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

(1) 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.

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

A Damage Deposit of $3000.00 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:

It must be an original with no end date and issued in favour of Council, details of the proponent’s address shall be included.

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.

(3) 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 $875.00 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).

(4) 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.

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

D Conditions that must be complied with before work commences

(1) Notice of Commencement – Notification of Works

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

(2) Requirement for a Construction Certificate

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

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

(i) Council; or

(ii) an accredited certifier; and

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

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) 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.

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.

(5) 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.

(6) 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.

(7) 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.

(8) Structural Engineering Details

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

E Conditions that must be complied with during construction or demolition

(1) Plans to be available on site

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

(2) Locate structures within boundaries

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

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

All building materials and equipment 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) Materials and colour schemes

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

(8) Unpainted brick not to be painted

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

(9) Retention/repair of doors/windows

Original doors and windows are to be retained and repaired. Where necessary, authentic reconstruction is encouraged.

(10) Grills/metal screens prohibited

Modern-style security grilles, roll-up metal screens, metal window awnings, and non-characteristic shade treatments are not permitted.

(11) Road opening permit – Council controlled lands

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

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

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

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

(13) Surface water - regraded areas

Any regraded areas shall be free draining, away from the dwelling, and shall not direct surface water into adjoining properties.

(14) 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.

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

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

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

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

(16) 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.

(17) 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.

(18) 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. A136062 as obtained on
from the Department of Infrastructure, Planning and Natural Resources. For more information visit www.basix.nsw.gov.au .

(19) Retention of chimneys

All chimneys are to be retained internally and externally. Chimney demolition requires prior approval of Council.

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

(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.

I Advisory Notes

(1) Modifications to your consent - prior approval required

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

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

COMPLIANCE TABLE - ASHFIELD LOCAL ENVIRONMENTAL PLAN 1985

CLAUSE 2

Aims, objectives etc.

This plan aims to:

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

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

CLAUSE 10

Zoning

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

CLAUSE 10A

Development consent required for change of building use and subdivision

Not applicable.

CLAUSE 11

Dwelling houses – residential allotment size

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

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

(b) in any other case –

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

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

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

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

The allotment was in existence on the appointed day.

CLAUSE 12:

Number of floors in dwelling-houses

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

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

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

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

Complies.

No. of floors = One

CLAUSE 13

Dwelling houses – dual occupancy

Not applicable.

CLAUSE 17

Floor space ratios

Not applicable.

CLAUSE 17A

Height of residential flat buildings

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

(2) In this clause –

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

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

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

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

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

Not applicable.

CLAUSE 29

Provision for public amenities and services

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

CLAUSE 29A

Classification and reclassification of public land as operational

Not applicable.

CLAUSE 30

Heritage provisions – aims

The aims of this Part are:

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

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

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 Heritage Item

Requirement for conservation plan or heritage impact statement

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.

CLAUSE 34

Notice to Heritage Council

Not applicable.

CLAUSE 35

Haberfield Heritage Conservation Area

Not applicable.

CLAUSE 36

Development of known or potential archaeological sites

Not applicable.

CLAUSE 37

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

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

CLAUSE 37A

Conservation incentives

Not applicable.

MODEL PROVISIONS

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

Not applicable.

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

Not applicable.

13 – Off street loading, facilities, etc.

Not applicable.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 22 May 2012 CM10.7

Subject DEVELOPMENT APPLICATION: 10.2012.052.1
6 GROSVENOR CRESCENT SUMMER HILL

File Ref DA 10.2012.052

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 to convert and extend existing duplex into a boarding house as follows:

· Alterations and additions to the existing building

· 18 rooms (9 with ensuites and kitchenettes)

· 1 communal living room

· 2 communal kitchen/dining rooms

· 1 communal bathrooms and water closet

· 1 communal shower and water closet

· 1 communal ‘accessible’ shower and water closet

· 2 communal laundries

· 5 car parking spaces (including one accessible)

· 4 motorcycle spaces

· 4 Bicycle parking spaces

Plans of the proposal are included at Attachment 1.

2.0 Summary Recommendation

The proposal is considered to be acceptable and is recommended for deferred commencement approval. The applicant is required to submit the following details/amended plans:

· Stormwater drainage is to be carried out in accordance with Ashfield Stormwater Management Code. For the Deferred Commencement Consent to become operational, a stormwater Drainage Concept Plan demonstrating the proposed stormwater connection to Council’s drainage system is to be submitted to Council for consideration.

· All boarding rooms must be visitable in accordance with Council’s Development Control Plan 2007 Part C1 Access and Mobility. Details are to be provided.

· Details that the boarding house will meet the seven performance criteria of the “Universal Accessible Design”.

· The ground floor bathroom and water closet facilities shall be in separate rooms (i.e. there should not be access from the water closet and shower 3 via a door). Shower 3 (accessible shower) shall not be accessed through the kitchen/dining room, an alternate access or location shall be provided.

· Details are to be provided as to how the rooms will be provided at an affordable rental level.

· Details of procedures that are to be followed for provision of rent receipts, rent increases, dispute resolution and the provision of notice for the ending of a tenancy.

Background

In 2011, the applicant had a number of pre-lodgement meetings with Council to discuss various design proposals.

The first proposal consisted of the demolition of the existing building on the site (i.e. the two storey dual occupancy) and construction of a new boarding house with basement car parking. The applicant was advised that the proposal was not favourable and that the retention of the existing building be maintained.

A second pre-lodgement meeting was held with an amended scheme including the retention of the existing building with a rear extension which comprised of a flat roof design.

The recommendation from Council on the roof design was to provide a pitched roof to the rear extension to be more consistent with the existing roof. The applicant has taken on this recommendation and the rear extension roof is a lower pitch form to the existing building and is considered more consistent with the existing building.

3.0 Application Details

Applicant : Mr A Wilson

Owner : Mr C Squadrito

Value of work : $1,220,161

Lot/DP : LOT: 18 SEC: 6 DP: 378

Date lodged : 06/03/2012

Date of last amendment : 30 April 2012*

Building classification :3

Application Type :Local

Construction Certificate : No

Section 94 Levy :Yes

*Amended plans were provided to Council to address the points raised in Council’s letter dated 16 April 2012.

4.0 Site and Surrounding Development

The subject site is located on the northern side of Grosvenor Crescent, bounded by Dover Street to the west and Longport Street to the east. The site area is approximately 961.1 square metres. An existing two storey dual-occupancy is located on the site. Surrounding development comprises of residential development, open space and a railway corridor. 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
10.2001.233.2	7/12/2001	Section 96 to DA 10.2001.233	Approved
10.2001.233	6/11/2001	Additions and alterations to existing dual occupancy. Demolition of roof and existing two storey addition to rear of building. Construction of a new front fence, alterations and additions to the ground floor, construction of a second floor and garage	Approved
6.1946.540	9/10/1946	Addition to existing garage and use as a workshop	Approved
6.1965.5647	5/5/1966	Second storey addition to building	Cancelled

The previous consents were noted in the assessment of this application, however, DA 10.2001.233 is relevant to the application as it relates to the approval for the existing Dual Occupancy.

Assessment

6.0 Zoning/Permissibility/Heritage

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

· The property is not a heritage item.

· The property is located within the vicinity of a Draft heritage item and a Draft heritage conservation area.

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

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

It is considered that the proposal generally satisfies the 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

The site is located within the 2(a) Residential zone under Ashfield LEP 1985.

The proposed Floor Space Ratio (FSR) is 0.62:1. This complies with the maximum floor space ratio of 0.75:1 permitted under Clause 17 of Ashfield Local Environmental Plan.

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. 65 – Design Quality of Residential Flat Development

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

The following comments were made:

- “the existing concrete finish driveway should have a stencilled finished for approx the first 30 metres

- the garbage bin storage area should be located “out of sight” from the street, at the rear of the property.

- a landscape/continuous deep soil strip, with tall tree planting, should be placed along the front part of the easterly boundary of the site for approx the first 15 metres (in order to allow a min 3m wide driveway width past that point) and to give definition and frame the public vista/view down the driveway”.

The above points were referred to the applicant, who has addressed all three points with the submission of amended plans.

State Environmental Planning Policy (Infrastructure) 2007

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

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

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

An acoustic report prepared by Acoustic Solutions P/L has been submitted with the application which recommends design guidelines and criteria to achieve compliance with the requirements of the SEPP. These recommendations of the acoustic report are included as conditions of consent. In addition, RailCorp (State Rail) has provided its requirements and these have also been included as conditions of consent.

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

Not applicable. The proposed works cannot be defined as 'exempt' or 'complying' development.

State Environmental Planning Policy (Affordable Rental Housing) 2009

SEPP (ARH) - Affordable Rental Housing SEPP
Section 26 – Land to which Division applies
	SEPP Control	Requirement			Proposal	Compliance
Zoning	Section 26	The land must be within a specific zone which is equivalent to any of those zones; (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 B1 Neighbourhood Centre, (f) Zone B2 Local Centre, (g) Zone B4 Mixed Use.			The subject site is located in a 2(a) Residential zone under the ALEP 1985 which is equivalent to a Zone R1 General Residential.	Yes
Section 29 – Standards that cannot be used to refuse consent
	SEPP Control			Requirement	Proposal	Compliance
Density and scale (FSR)	Clause 29(1)(c)(i)			A maximum FSR of 0.75:1 permitted	A FSR of 0.62:1 is proposed.	Yes
Building height	Clause 29(2)(a)			The building height is not to be more than the maximum permitted for any building on the land.	The building height of the new work is below 6 metres	Yes
Minimum landscaped area	Clause 29(2)(b)			The landscape treatment of the front setback must be compatible with surrounding area	The landscape treatment is compatible with the surrounding area. As the site maintains the existing building this restricts the alteration to the landscaped area to the front setback.	Yes.
Solar access	Clause 29(2)(c)			A communal room shall receive a minimum of three (3) hours direct sunlight between 9am and 3pm during midwinter	The communal room located on the ground floor faces north with a glazed three panel door and window in the northern wall. It will therefore receive a minimum of three hours of sunlight between 9am and 3pm during midwinter.	Yes
Private open space (Lodgers)	Clause 29(2)(d)(i)			An area of at least 20m², with minimum dimension of 3m, is to be provided	An open space area of 27sqm with a dimension of 4 metres is allocated adjacent to the communal room.	Yes
Private open space (Manager)	Clause 29(2)(d)(ii)			An area of at least 8m², with minimum dimension of 2.5m, is to be provided	An area of 10.87sqm with a min dimension of 2.5metres is provided for the on-site manager	Yes
Parking	Clauses 29(2)(e)(i) and (ii)			0.2 for each boarding room if in an accessible area plus one resident employed	0.2 x 17 rooms=3.4 Plus one resident employed = 1 Total required 4.4 Proposed = 5	Yes
Accommodation size (Single room)	Clause 29(2)(f)(i)			A single boarding room is to have a minimum area of 12m², exclusive of kitchen or bathroom facilities	The single rooms have an area ranging from 12.03sqm to 13.40sqm	Yes
Accommodation size (Double room)	Clause 29(2)(f)(ii)			A double boarding room is to have a minimum area of 16m², exclusive of kitchen or bathroom facilities	The double rooms have an area ranging from 17.37sqm to 24.45sqm	Yes
Section 30 – Standards for boarding houses
	SEPP Control		Requirement		Proposal	Compliance
Communal living room	Clause 30(1)(a)		A communal living room shall be provided if there are five (5) or more boarding rooms		A communal living room has been provided on the ground floor.	Yes
Maximum room size	Clause 30(1)(b)		No boarding room is to have an area greater than 25m², exclusive of kitchen or bathroom facilities		No boarding room has an area of greater than 25sqm	Yes
Occupancy	Clause 30(1)(c)		No more than two (2) lodgers are to occupy a boarding room		The Plan of management indicates that no more than 2 lodgers will occupy a room.	Yes
Bathroom and kitchen facilities	Clause 30(1)(d)		Adequate bathroom and kitchen facilities are to be provided for each lodger		Rooms 16, 17, 18 on the ground floor and rooms 6, 7, 8, 9, 10 and 11 are equipped with their own kitchenettes. There is one communal kitchen on the ground floor and a communal kitchen on the first floor to cater for the rooms with no kitchenettes.	Yes
Room for onsite manager	Clause 30(1)(e)		A room is to be provided for an onsite manager if there are twenty (20) or more lodgers onsite		An on-site manager will reside in room 16.	Yes
Repealed	Clause 30(1)(f)		Repealed.		N/A	N/A
Use of ground floor fronting a street (Commercial Use)	Clause 30(1)(g)		If the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use.		N/A	N/A
Bicycle and motorcycle parking	Clause 30(1)(h)		One (1) bicycle space is to be provided for every five (5) rooms, plus one (1) motorcycle space for every five (5) rooms. Based on the number of rooms i.e. 18 boarding rooms, 3.6 bicycle spaces and 3.6 motorcycle spaces must be provided		The site requires a total of 3.6 bicycle spaces and 3.6 motorcycle spaces. The site provides a total of 4 bicycle spaces and 4 motorcycle spaces.	Yes
Section 30A-Character of Local Area
	SEPP Control		Requirement		Proposal	Compliance
Character of Local Area	Clause 30A		A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.		The proposal was reviewed by Councils urban designer who recommended changes that have been incorporated into revised plans. Refer to Part 7.1.3 of this report for details	Yes.
Part 4-Miscellaneous
	SEPP Control		Requirement		Proposal	Compliance
No subdivision of boarding houses	Clause 52		A consent authority must not grant consent to the strata subdivision or community title subdivision of a boarding house.		The proposal has not sought strata or community title sub-division of the boarding house and this will be confirmed with a condition of consent should the application be approved.	Yes

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	The proposal will provide a walkway from the car parking area into the rear entry level of the building, living and food preparation area, bathroom, W/C, and bedrooms. All doorways to the main areas of the building and bedroom 13 and 15 (which is an accessible room) and the accessible bathroom. The proposal also provides a ramp 1:14 into the entry foyer of the building on the ground floor. A condition shall also be imposed that access from the communal room to the rear garden be accessible.
C11	PARKING	The proposal provides parking (vehicle/motor cycle and bicycle) in accordance with the minimum requirements of SEPP (Affordable Rental Housing), i.e. spaces for 5 cars, four motor cycles and four bicycles. It also provides one accessible space as required by clause 4.1 of Part C11.
C12	PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT	The proposal was notified in accordance with Council’s notification policy. Refer to part 7.7.1 of this report for details.
C18	BOARDING HOUSES	Refer to comments below.
D1	PLANNING FOR LESS WASTE	The plans have indicated a designated garbage storage facility, which is located to the rear of the site.

Part C18 Boarding Houses:

Sleeping Rooms
ADCP 2007 Control	Requirement	Proposal		Compliance
Minimum bedroom size or for separate Manager/Operator sleeping accommodation and design/security	Min. 14 sqm plus additional 5.5sqm for each additional person after that. Rooms must be lockable.	The room sizes are acceptable. The rooms are lockable.		Yes
Maximum number of people per bedroom	2	Rooms will cater for singles and doubles.		Yes
ensuite bathroom	2.9 sqm with hand basin, wc and shower	Ensuites have been provided with an area of greater than 2.9sqm		Yes
ensuite and laundry	4.0 m² with washing machine and wash tub	Not applicable		Not applicable.
Storage Space and Furnishings requirements for sleeping rooms
ADCP 2007 Control	Requirement	Proposal		Compliance
Secure storage facilities	Minimum capacity of 1 cubic metre per person. Where more than 1 person is accommodated in the room, the storage space must be lockable.	One cubic metre per person is allocated in the rooms and in rooms with more than one person storage spaces are lockable.		Yes
Minimum Room Furnishings	(a) Bed (including base, a waterproof mattress with a minimum dimension of 800mm * 1900mm and a mattress protector) (b) Wardrobe (c) Mirror (d) Table & Chair (e) A night light or other approved illumination device for each bed (f) Waste container (g) A dead latch on the door (h) Curtains, blinds or similar privacy device (i) Phone line All room furnishings shall be recorded in the Plan of Management.	All items from (a) to (i) are provided in each room and are recorded in the Plan of Management.		Yes
Natural Light	Access to light is to be provided by way of window with a minimum aggregate floor area of the room of 10%	Each room is provided with natural light through a window.		Yes
Ceiling heights	Must conform to Part F of the BCA. In sleeping rooms providing shared accommodation the ceiling height is to be at least to 2700mm for rooms with double bunks. Triple bunks are not permitted.	The proposal does not incorporate double bunks.		Yes
Fire Safety in Class 3 buildings	Each sleeping room must be considered as a sole occupancy unit for the purposes of Parts C, D1, D2 and F5 of the BCA	An Assessment of the Building Code of Australia (BCA) was provided with the application, which was also reviewed by Council’s Construction Assessment Team Leader.		Yes
Kitchen and Dining Areas
ADCP 2007 Control	Requirement	Proposal		Compliance
Class 1b & Class 3 Shared Kitchen /Dining Facilities	Required unless kitchenette facilities are provided within individual rooms for all residents. Shared combined kitchen/dining facility - Min.22 m2 - Min. width 3.m. plus additional 1m2 for each additional person	Rooms 16, 17, 18 on the ground floor and rooms 6, 7, 8, 9, 10 and 11 are equipped with their own kitchenettes. There is one communal kitchen on the ground floor and a communal kitchen on the first floor to cater for the rooms with no kitchenettes.		Yes.
Class 1b and 3 – Shared Kitchen - Fit- out	The following must be provided as a minimum: (a) One sink for every 6 people with running hot and cold water; (b) One stove top cooker and microwave per 12 people; (c) A refrigerator with storage space of 0.13m3 per person unless bar fridges are provided in each bedroom; (d) A freezer with storage space of 0.05m3 per person unless provided in each bedroom; (e) Storage for dry goods of 0.30m3 per person; (f) Exhaust ventilation; (g)A lockable drawer or cupboard for food storage for each boarder in the kitchen area. (h) The kitchen shall contain sufficient cutlery, crockery and cooking utensils for the number of residents.	(a) A double sink is provided with hot and cold water; (b) A stove top and microwave is provided per 12 people; (c) Each room is provided with a two door fridge; (d) As above; (e) Provided; (f) Ducted; (g) Non lockable drawers provided in kitchen; (h) Cutlery, etc provided.		Yes
Food Standards (all applications)	Food preparation areas shall be constructed and provided in accordance with the relevant sections of the Australian/New Zealand Food Standards Code - refer also to Australian Standards AS 4674 – “Design Construction and Fit out of Food Premises” www.standards.com.au/PDFTemp/Previews/OSH/as/as4000/4600/4674.pdf	The application was referred to Council’s health surveyor who raised no objections to the proposal subject to conditions.		Yes
Laundries, bathrooms and drying facilities
ADCP 2007 Control	Requirement	Proposal	Compliance
Shared Laundry Facility Requirements	Note: Shared (separate) facilities are required a. One 8.5 kg capacity automatic washing machine and one domestic dryer for every 12 residents b. At least one large laundry tub with running hot and cold water; and c. 30 metres of clothesline for every 12 residents in an outdoor area (can be retractable). Outdoor drying areas should not encroach on the outdoor communal living spaces. d. Laundry facilities provided at ground level must be accessible for people with a disability and comply with Universal Accessible Design Criteria (refer to Part C1 of Ashfield DCP 2007).	One 8.5kg and one dryer shall be provided for every 12 people. A total of 90 linear metres of clothes line has been provided for the residents. The laundry facilities to the ground floor must be accessible for people with a disability and comply with the Universal Accessible Design Criteria.	Generally complies, however, a condition shall be imposed to ensure the laundry facilities on the ground floor comply with the Universal Accessible Design Criteria.
Location of Laundry Facilities & drying areas	Communal drying areas must be located in an accessible area and face north	The clothes line is located to the western side of the side, however, it will receive northerly sun.	Yes
Energy Rating	Laundry appliances are to achieve minimum energy and water ratings with submission of construction certificate. A minimum of 3 .5 stars energy rating and 4 star water efficiency rating as relevant must be achieved unless otherwise stipulated by BASIX or any other required rating tool.	A condition shall be imposed that the laundry appliances are to achieve minimum energy and water ratings with submission of construction certificate. A minimum of 3 .5 stars energy rating and 4 star water efficiency rating as relevant.	Yes
Shared Bathroom & toilet facilities Class 1(b) – up to 12 residents Class 3 (over 12 residents)	A shared Bathroom at ground floor level is mandatory for all boarding houses. They must be lockable, comply with the minimum requirements of the BCA and be located in a convenient location for occupants. Bathroom and toilet facilities provided at ground level must be accessible for people with a disability - refer to AS 1428.1. The minimum requirement is: 1 bath or shower and washbasin with hot and cold running water for The ground floor each 6 occupants or part thereof and separate independently accessible toilet facilities. Where some rooms may be provided with ensuites, shared facilities must comply with the minimum facility requirements for the total occupancy of the premises. Where receptacles are provided for the disposal of sanitary napkins, these are to be serviced and able to be cleaned on a regular basis.	The ground floor provides a shared W/C and shower which is also accessible for people with a disability. The first floor provides a shared W/C and bathroom and a separate W/C and shower.	Yes.
Indoor communal living area requirements
ADCP 2007 Control	Requirement	Proposal	Compliance
Indoor Communal Areas	15sqm for more than 12 residents and a further 15 sqm provided for each additional 12 persons with a min width of 3.5m. Communal lunges should contain reading material and a television and radio.	The proposed communal room is 26.85sqm in area with a min width of 3.5m (which would equate to 1.25sqm per person based on the ADCP requirement). The communal room provides reading material and a television.	Yes.
Location of Indoor Communal Areas	Communal living areas should be located on the ground floor near commonly used spaces, such as kitchen, laundry, lobby entry area, manager’s office etc, or adjacent to the communal outdoor open space. Communal living areas should have a northerly aspect and should be located where they will have a minimal impact on adjoining properties in terms of noise generation. The use of double glazed windows or acoustic barriers can assist. Internal doors to communal living areas should contain glass to enable surveillance from circulation areas.	The indoor communal living room is located adjacent to the outdoor communal area. The communal room has a northerly aspect.	Yes
Calculation of Indoor Communal Living Areas	The floor area of bedrooms, bathrooms, laundries, reception area, storage, kitchens, car parking, loading docks, driveways, clothes drying areas, corridors and the like are not counted when determining the area of internal communal living area.	The floor area of the bedrooms, bathrooms, laundries, reception area, storage, kitchens, car parking, loading docks, driveways, clothes drying areas, corridors and the like were not included in the calculation of the area of the internal communal area.	Noted.
Outdoor recreational areas and facilities
ADCP 2007 Control	Requirement	Proposal	Compliance
Outdoor Space Requirements	35m² minimum area with a minimum dimension of 3.0 metres at any point, to include a principal private area with a minimum dimension of 4.0 metres at any point.	A communal area of approximately 35m² is provided. A portion of this area has a width of greater than 3m.	Yes
Outdoor Space Location	The area should be north facing where it can receive a minimum 2 hours solar access to at least 50% of the area during 9am and 3pm during the winter solstice.	The outdoor space faces north and is considered to receive a minimum of at least two hours to 50% of the area during the winter solstice.	Yes
Private Outdoor Space Provision	30% of all bedrooms in a class 3 should preferably have some access to private open space in the form of a balcony or ground level terrace area not less than 4sqm in area.	Rooms 16, 17 and 18 are provided with ground floor private open space of an area of greater than 4sqm. Room 3 on the first floor has its own private deck.	Generally meets the objectives of this part.
Privacy Requirements - Outdoor Areas	Planting should be used to screen communal outdoor areas or private balconies from adjoining properties or the public way, with trellis, screens with climbing vines or the like used to complement deciduous tree planting. The operation and control of the outdoor area should also be addressed in the Operational Plan of Management to ensure that adjoining properties are protected from excessive noise.	The landscape concept plan submitted with the application has made provision for tree planting along the western boundary to provide some barrier and privacy between the adjoining units and proposed boarding house. A condition shall be imposed to restrict the hours of use of the recreational areas (i.e. indoor and outdoor).	Yes.

Acoustic Impacts:

The adjoining units at number 7 Grosvenor Crescent are located approximately 5 metres to the west of the current building and the new rear addition will be approximately 7-8 metres from the units. As part of the proposal the applicant has provided landscaping along the western boundary to provide a noise buffer. The windows along the western side of the building (in particular the first floor) consist of bathrooms and the boarders rooms, therefore, given the setback of the subject building and adjoining units the acoustic impacts are likely to be minimal.

Access for People with Disabilities:

The proposal will provide a walkway from the car parking area into the entry level of the rear of the building, living and food preparation area, bathroom, W/C, all doorways to the main areas of the building and bedroom 13 and 15 (which is are the accessible rooms) and the accessible bathroom. The proposal also provides a ramp 1:14 into the entry foyer of the building on the ground floor.

A condition has been included which requires the door furniture, switches, controls and outlets to be readily accessible.

Operational Plan of Management:

An Operational Plan of Management has been provided with the application in accordance with Clause 2.10 of Part C18.

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.

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 16 March 2012 until 13 April 2012.

7.7.1 Summary of submissions

Five submissions (Attachment 3) were received during the notification of the development application:

Submissions

RailCorp Property

Attn: Kelly McKellar

Po Box K349

HAYMARKET NSW 1238

Ms E Taylor and Ms R Kwan

6/7 Grosvenor Crescent

SUMMER HILL NSW 2130

Ms C Moloney and Mr M Johnston

4 Dover Street

SUMMER HILL NSW 2130

K and M Barnett

9/7 Grosvenor Crescent

SUMMER HILL NSW 2130

L Kelly

8/7 Grosvenor Crescent

SUMMER HILL NSW 2130

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

The submission made by RailCorp has provided conditions that are to be imposed should the application be approved relating to Noise and Vibration and Stray Currents and Electrolysis from Rail Operations.

Loss of Privacy to the adjoining bedroom and balcony units of 7 Grosvenor Crescent from the first floor windows of bathrooms and bedrooms.

The first floor windows to the western elevation are provided with an aluminium louvre to the outside of the window panels. A condition has been included which requires the louvers to be permanently fixed in a position that will not cause overlooking of adjoining properties.

A condition has also been included requiring all bathroom windows to be of obscure glazing.

Congestion: Council has already given approval for one large boarding house at 5 Grosvenor. Another boarding house immediately next door will result in the area becoming characterised by high density housing.

Council considers each application on its merit and compliance with the relevant planning controls. The submitted application was assessed against the State Environmental Planning Policy (Affordable Rental Housing) 2009 and Council’s Development Control Plan 2007. The proposal is considered to meet the objectives of these controls and therefore refusal would not be warranted in this instance.

Traffic: The site is located on a wide sweeping corner where there is a high volume of traffic. The large number of vehicles entering and exiting the property at such a busy corner would only increase traffic jams and potential for accidents.

Council has to allow for the possibility of up to 50 extra cars in the immediate area.

Boarding houses do not generate car parking demands which are comparable with other forms of residential development (i.e. flats or units) so the claim of ‘large number of vehicles entering and exiting the property’ are unlikely to be realised. The rate of car parking was assessed against the State Environmental Planning Policy (Affordable Rental Housing) 2009 and was considered to meet the requirements of this Policy.

The proposal was also referred to Council traffic engineer who raised no objections to the proposal subject to vehicles entering and exiting in a forward direction. This will be confirmed with a condition of consent.

Public Interest: The proposed building is very close to a public recreation area - Cadigal Reserve. With the proposal taking up much of the land, we feel the developers are expecting the residents to make excessive use of the public area.

The proposal provides for one communal living room to the ground floor and rear open space in accordance with SEPP (Affordable Rental Housing) 2009. The development is unlikely to place excessive demands upon nearby Cadigal Reserve.

Noise and Pollution: The immediate neighbourhood can, at times, already be very (unpleasantly) noisy. Adding approximately 20 people in a small area of land will only increase this. This is on top of the increased noise that will ensue from the extra approximately 30 residents in the approved boarding house.

There will also be significant increase in pollution if all rooms have air-conditioners.

An Acoustic Report was submitted with the application that recommended certain design measures. Council’s Environmental Health Department has not raised any objection in terms of the potential noise levels subject to the recommendations in the Acoustic Report being imposed. In order to minimise noise impacts from the communal living areas, restrictions have been imposed on use of these areas after 10pm on Sunday to Thursday and after midnight on Fridays and Saturdays.

The proposal does not incorporate air-conditioners and this will be confirmed with a condition of consent. The installation of air-conditioners will require the lodgement of a new development application.

Parking: The proposal does not provide enough parking for residents and their visitors.

The “open space” indicated on the development proposal would better serve all residents if it were used to create additional parking.

As stated above the rate of car parking was assessed against the State Environmental Planning Policy (Affordable Rental Housing) 2009 and was considered to meet the requirements of this Policy.

The SEPP (Affordable Rental Housing) 2009 requires a certain amount of area to be provided for outdoor recreation area - utilising this area for additional car parking would not be feasible.

Standard of boarding houses: Boarding houses provide accommodation for socially disadvantaged people and the current provision of this accommodation is often below standard. However, with the Cadigal development so close, one has to guard against creating ghettos of people from similar backgrounds.

The proposal is for a purpose built boarding house with its external appearance, external finishes and internal fixtures of an appropriate standard. Current boarding house standards are a significant improvement over boarding house requirements of the past and new facilities attract a wide range of tenants from students to other people who may not be in a position to afford self contained accommodation. Consequently, the likely background of potential tenants is expected to be varied based on currents trends.

Car parking in Cadigal Reserve: There is no law to prevent car ownership so once developments are approved and built the problem is transferred to local residents as there is nothing that can be done to augment parking after the fact. It will be interesting to see how Council intends to police parking for the Cadigal Reserve dog run as I believe it will be taken up by these residents.

The above concern is noted. Should the residents of the boarding house or any other residents use the reserve for parking contrary to any applicable restrictions Council’s Rangers would be requested to take appropriate enforcement action.

Landscaping and noise reduction: There is no proposal to landscape along either boundary to make the property more aesthetically pleasing or to reduce noise levels or create privacy between neighbouring properties.

The proposed “drying area” could better serve both properties of it were landscaped instead to include plants that would provide privacy screening and absorb noise pollution.

A landscape concept plan has been provided with the application which has incorporated landscaping along the western boundary to enhance the property and provide a screen barrier between the subject site and the adjoining units at number 7 Grosvenor Crescent.

Council control for Boarding Houses (Part C18) requires a certain amount of clothes line per person to be provided on site and therefore the drying area is a requirement of the ADCP 2007.

Impact on current residents and community facilities: Whilst we acknowledge that all local communities should provide access to low cost housing, it is the concentration of people within these two boarding houses we object to.

Low cost housing is usually accessed by those in our community who also have additional problems such as mental illness and unemployment. We believe this development right alongside another boarding house will drive down property prices for local residents.

May also deter the local residents accessing the public reserve in the future due to limited parking and boarding house residents using the reserve as “their backyard” due to little open space within their own boundaries.

As stated above new boarding houses tend to attract a variety of tenants and there has been no evidence presented to suggest the proposal will have any impact on property values.

The nearby public reserve is available for any members of the public to use and the proposed development has its own indoor and outdoor communal areas for tenants. Consequently, it is unlikely that boarding house tenants will use the reserve as ‘their backyard’.

7.8 The public interest

Matters of the public interest have been taken into consideration in the assessment of this application. The proposed use is considered to be acceptable and warrants Council support.

8.0 Referrals

8.1 Internal

Heritage Adviser – No objections raised to the proposal. Comments from Council’s Heritage Adviser are included at Attachment 4.

Building: No objections raised, subject to conditions.

Engineering: The original stormwater details did not meet Council’s design standards. Amended stormwater details were provided to the stormwater engineer who has provided a list of conditions including a condition to be imposed as a “Deferred commencement requirement”.

Environmental Health: No objections raised, subject to conditions.

Tree Management Officer: Concerns were raised regarding the wall in close proximity to the adjacent neighbour’s Eucalyptus tree and the Liquidambar on the subject site. The applicant has advised that the retaining wall is existing and will not be altered as a result of the proposed works.

Traffic engineer: No objections, subject to the vehicles entering and exiting in a forward direction.

Community Services: The following comments were made by Council’s Manager Community Services:

1. The proposal does not appear to comply with Council’s Boarding Houses DCP relating to minimum room sizes.

2. It is not considered appropriate that the shared bathroom on the ground floor should be accessed via the dining/sitting and kitchen areas.

3. The storage space proposed for such a large number of occupants does not appear to be adequate.

4. The applicant needs to indicate how the rooms, and what proportion of rooms, will be provided at an affordable rental level.

5. The applicant should provide details of procedures to be followed for provision of rent receipts, rent increases, dispute resolution and the provision of notice for the ending of a tenancy.

Officer’s comment:

1. The proposed room sizes for the boarding house meet the requirements of the State Environmental Planning Policy (Affordable Rental Housing) 2009 in terms of the room sizes and has been further discussed in part 7.1.3 of this report.

2. The location of the ground floor bathroom has been placed in this position to be as close as feasible to the boarding rooms without bathroom facilities. The front section of the building is being maintained and therefore the kitchen to the ground floor is existing, and re-location of the bathroom facilities on the ground floor would not be practical.

3. The plans have been amended to reflect a minimum of one cubic metre per person as required by the ADCP 2007.

4. A deferred commencement condition shall be imposed requiring the applicant to provide details as to how the rooms will be provided at an affordable rental level.

5. A deferred commencement condition shall be imposed requiring the applicant to provide details of procedures to be followed for provision of rent receipts, rent increases, dispute resolution and the provision of notice for the ending of a tenancy.

8.2 External

NSW Police

No response was received by the Police in relation to this application.

State Rail

RailCorp (State Rail) has also provided conditions that are to be imposed on any consent granted relating to:

· Noise and Vibration

· Stray Currents and Electrolysis from Rail Operations

9.0 Other Relevant Matters

S94 Contribution Plan

The proposal attracts contributions under Council’s S94 Plan. The proposal will cater for 21 beds which will require a S94 Contribution of $21,498.54 i.e. $ 1,023.74 per bed.

Stormwater Pipes – Have you checked the Drainage Map for affectation by pipes?

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

Design for Crime Prevention

10.0 Building Code of Australia (BCA)

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

Financial Implications

Refer to Part 9.0 of this report for details.

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 therefore recommended for a Deferred Commencement approval.

ATTACHMENTS

Attachment 1 View	Plans of the Proposal	8 Pages
Attachment 2 View	Locality Map	1 Page
Attachment 3 View	Submissions	7 Pages
Attachment 4 View	Heritage Advice	1 Page
Attachment 5 View	Operational Plan of Management	20 Pages

RECOMMENDATION

A 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 to Development Application No. 10.2012.52.1 for:

Use of the premises as a boarding house on Lot 18 Sec 6 in DP: 378, known as 6 Grosvenor Crescent, Summer Hill.

Subject to the following matters being satisfied:

CONDITIONS

Part A

Deferred Commencement Condition

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 to Development Application No. 10.2012.52.1 for:

Use of the premises as a boarding house on Lot 18 Sec 6 in DP: 378, known as 6 Grosvenor Crescent, Summer Hill.

Subject to the following matters being satisfied:

· All boarding rooms must be visitable in accordance with Council’s Development Control Plan 2007 Part C1 Access and Mobility. Details are to be provided.

· Details that the boarding house will meet the seven performance criteria of the “Universal Accessible Design”.

· Details are to be provided as to how the rooms will be provided at an affordable rental level.

· Details of procedures that are to be followed for provision of rent receipts, rent increases, dispute resolution and the provision of notice for the ending of a tenancy.

The information to satisfy these requirements must be submitted to Council within twelve (12) months of the date of this deferred commencement consent.

Upon Council's written approval of satisfactory compliance with the "Deferred Commencement" matters listed above, the development consent will become operative, subject to the conditions below.

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 01 269 SAP B 0f 5, 02 269 GFP B OF 5, 03 269 FFP B OF 5, 04 269 E B OF 5, 05 269 S B OF 5, Landscape Plan and 07 269 MF of 8* prepared by Apwdesign and Site Landscapes and date stamped by Council 6 March 2012 & 30 April 2012 and any supporting documentation received with the application, except as amended by the conditions specified hereunder.

*Plan numbers may change as a result of the Deferred commencement.

(2) Compliance with BCA

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

(3) Operational Plan of Management

The use must operate in accordance with the Operational Plan of Management dated January 2012. The Operational Plan of Management may be amended but only if it consistent with the consent and approved in writing by Ashfield Council.

(4) Boarding House Operational Requirements

In addition to the Operational Plan of Management, the boarding house must be operated carrying out the following requirements:

a) Boarding house shall be maintained and comply with the Place of Shared Accommodation under the Local Government (General) Regulation 2005 of the Local Government Act 1993 (As Amended).

b) An application form for the Registration of the Place of Shared Accommodation shall be submitted to council prior to the release of the Occupation Certificate by Authority.

c) An annual inspection will be carried out by Council officer and the premises shall be readily accessible by Council officer at the arranged mutually convenient time.

d) An inspection and Administration Fees is applicable for the required annual inspection to be carried out to the boarding house.

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 louvers to the first floor windows on the western elevation shall be permanently fixed in a position to prevent overlooking of the adjoining properties.

(b) All bathroom, water closet and ensuite windows shall be provided with obscure glazing.

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 $15,000 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:

It must be an original with no end date and issued in favour of Council, details of the proponent’s address shall be included.

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.

(2) Long service levy

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.

(3) 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.

(4) 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)
	Boarding Schools/ Colleges/ Hostels/ Boarding Houses/ Hospitals				Sub-Total
Number of Dwellings / Beds or GFA	21				N/A
Number of deficient car parking spaces					0
Local Roads	$971.17				$971.17
Local Public Transport Facilities	$7,114.51				$7,114.51
Local Car Parking Facilities	$0.00	$0.00	$0.00	$0.00	$0.00
Local Open Space and Recreation Facilities	$0.00				$0.00
Local Community Facilities	$7,728.42				$7,728.42
Plan Preparation and Administration	$5,684.55				$5,684.55
TOTAL	$21,498.63	$0.00	$0.00	$0.00	$21,498.63

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.

(5) Footpath/laneway – photographs to be submitted

(6) Sydney Water - Section 73 Compliance Certificate

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

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

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

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

(7) 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

(8) Stormwater disposal-calculations

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

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

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

(i) Roof areas.

(ii) Paved areas.

(iii) Grassed areas.

(iv) Garden areas.

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

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

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

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

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

(f) All stormwater drainage lines including lines which connect to rainwater tanks are to be via gravity means.

(g) The stormwater drainage line to be constructed in Grosvenor Crescent to connect to Council’s stormwater system shall be constructed in accordance with Council’s Stormwater Management Code, section 4.9 “Site Discharge & Connection to Council System”.

(9) 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 the minimum storage to be provided for this development shall be 57.6m³. Details of the storage shall be submitted to and approved by Council prior to the release of the Construction Certificate.

(b) All on-site stormwater detention pits must be located on areas classified as Common Property within the site.

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.

(10) 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 to Council and approved prior to the release of the Construction Certificate.

(11) Access and services for people with a disability

Detailed plans drawn to scale of 1:50, showing ramp/handrail details, door widths, circulation spaces and toilet facilities shall be submitted detailing compliance with Part D3 in particular Table D3.1 of the BCA 2011 for Class 1b Boarding Houses prior to the issue of a Construction Certificate.

(12) Bicycle storage

The bicycle storage area must accommodate a minimum of four (4) bicycles and be designed in accordance with Australian Standard AS 2890.3:1993 Parking Facilities – Bicycle parking facilities. Details are to be provided prior to the issue of a Construction Certificate.

(13) Noise and Vibration

An acoustic assessment is to be submitted to Council prior to the issue of a Construction Certificate demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development Near Rail Corridors and Busy Roads-Interim Guidelines”

(14) Stray Currents and Electrolysis from Rail Operations

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

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) Tree preservation order - approvals required

A Tree Preservation Order applies to the whole of the Ashfield Council area. In this regard it will be necessary to make a separate application to Council prior to the removal or lopping of any trees. Contact Council’s One Stop Shop, telephone 9716 1800 to apply for a “Tree Preservation Order Permit” for Pruning or Removal of protected trees.

(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) 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.

(7) Sydney Water approval

(8) 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.

(9) 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

(10) On site detention system – check survey

REQUIREMENTS DURING CONSTRUCTION:

Prior to the construction of an on-site detention system involving permanent construction work (e.g. construction of concrete slabs, walls, pipe-systems or pits etc, and prior to the placement of any concrete for ground floor, car park or garages) a “check survey from a registered surveyor” must be forwarded to the Council indicating compliance with the approved plans before any concrete pour is approved by the relevant Council building surveyor or Authorised Certifier

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.

(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

(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

(7) 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.

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

(8) 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.

(9) Finished ground levels at property boundary

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

(10) 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.

(11) Driveway design - vehicle direction

The driveway system to the property is to be designed such that all vehicles shall enter and leave the premises in a forward direction.

(12) Inspection of premises – health standards

Council shall inspect the premises. An application for inspection shall be made on the appropriate form together with payment of the prescribed fee.

(13) Laundry facilities - BCA

Clothes washing facilities to be provided on the premises in accordance with the relevant requirements of Clause F2.1 of the Building Code of Australia.

(14) Clothes drying facilities provision - BCA

Clothes drying facilities to be provided on the premises in accordance with the relevant requirements of Clause F2.1 of the Building Code of Australia.

(15) 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.

(16) 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.

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

(18) 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.

(19) Fire Resistance BCA Upgrade

Under the provisions of Clauses 93 & 94 of the Environmental Planning & Assessment Regulation 2000, the existing residence shall be partially upgraded so as to satisfy the matters identified in the BCA audit report prepared by Southern Sydney Building Certifiers dated the 19 January 2012.

(20) Adaptable housing construction

Dwellings that are nominated as adaptable and accessible dwellings on the approved plans must be constructed to comply with Adaptable House Class A of AS 4299, AS 1428.1 and the requirements Section 5.2.2 of the Ashfield Development Control Plan for Access and Mobility (Tel. 9716 1800 for a free copy).

(21) Accessible paths of travel

A lift or a continuous path of travel not exceeding 1:14 grade or is to be constructed between the main street entrance to the development, all nominated adaptable units, accessible car parking spaces, letter boxes, garbage storage area, common recreation area and clothes drying areas.

(22) 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 Insert date of BASIX from the Department of Infrastructure, Planning and Natural Resources. For more information visit www.basix.nsw.gov.au .

(23) 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.

(24) Engineering staff to inspect roadworks/drainage

An inspection by Council’s staff will be required for (kerb/gutter/crossing etc) 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 completion of any pits.

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

(vi) 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.

(25) Design and construction of car parking bays

Design of car parking bays and driveways shall be in accordance with Australian Standards AS 2890.1 2004 “Off Street Car Parking

(26) Stormwater runoff-collection/discharge

Stormwater runoff from all roof and paved surfaces shall be collected and discharged by means of a gravity pipe system to the nearest appropriate Council stormwater pit or drainage line at a maximum Permissible Site Discharge of where the Pre-development discharge equals the Post-development discharge of a 1:100 ARI event.

(27) Stormwater runoff

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

(28) Surface overflow paths – storm recurrence event

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

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

(29) Inspection of premises – health standards

Council shall inspect the premises. An application for inspection shall be made on the appropriate form together with payment of the prescribed fee.

(30) Boarding house requirements

The building shall incorporate the following as per Part C18 – Boarding Houses, Ashfield Development Control Plan 2007:-

a) A communal (kitchen area) lockable storage facility is to be provided, kitchen drawers be provided with lockable drawers at a rate of 0.3sqm per person for dry goods.

b) Secure storage facilities in each room.

c) Minimum Room furnishings.

d) Food Preparation Areas to be in accordance with relevant sections of the Australian/New Zealand Food Standards Code and AS 4674.

e) Laundry Energy Rating to be satisfied.

f) Internal doors to communal living areas are to be glass.

g) All adaptable rooms are to be furnished or fitted out, to allow adequate circulation space for a person using a wheelchair.

h) All doorways and corridors to the ground floor are to be wide enough to allow a person using a wheelchair to manoeuvre into and out of rooms.

i) All adaptable rooms are to have door furniture, switches, controls and outlets are within reach of and can be used by all.

j) A complaints register is to be kept and made available for inspection by Council

k) All requirements for On-Site Management and Registration are to be satisfied.

(31) Garbage Area

a) Provide a water supply within the garbage bay area for the weekly washing of rubbish and recycling bins to maintain bins in a safe and healthy condition.

b) Provide a floor waste drain in the garbage bay area with a minimum diameter of 100mm drain opening connecting directly into Sydney Water. Concrete floor is to be finished off a smooth even surface and graded to the drain.

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) Sign posting/line-marking - access/car parking

The direction of traffic flow and off-street car parking spaces are to be signposted/line-marked on site prior to occupation of the building.

(2) 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.

(3) Vehicle access driveway

The existing vehicular crossings shall be reconstructed in accordance with Council’s standard drawing and specifications the maximum width of this driveway shall be three metres. The driveway shall be located a minimum of 1.0m clear of any 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.

(4) Engineering conditions to be satisfied prior to the 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.

(5) 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

(d) on-site stormwater detention system

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

(6) Annual fire safety

An annual Fire Safety Statement must be given to Council and the New South Wales Fire Brigade commencing within twelve (12) months after the date on which the initial Interim / Final Fire Safety Certificate is issued.

(7) Acoustic Treatment

The acoustic treatment shall be installed in accordance with Acoustic Solutions P/L Acoustics Report 2011-296 dated 12 December 2010.

(8) Contamination

Compliance with the Sydney Environmental and Soil Laboratory report dated November 2011 (Report: C6742.Q2662.B20659 FA PSI).

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. Boarding House (Class 3) without the prior consent of the Council.

(2) Use of the premises as a boarding house

The premises must be used as a boarding house as defined in Section 516(1A) of the Local Government Act 1993, being a building wholly or partly let as lodging in which each letting provides the tariff-paying occupant with a principal place of residence.

Each tariff charged must not exceed the maximum tariff for boarding houses or lodging houses for the time being determined by the Minister by order published in the Government Gazette.

For information concerning the current maximum tariff the Department of Local Government can be contacted on 02 4428 4100 or at www.dlg.nsw.gov.au.

(3) Boarding house – use and operation

The use and operation of the premises must comply with the requirements of Schedule 2 (Standards for Places of Shared Accommodation) of the Local Government (General) Regulation, 2005 under the Local Government Act 1993, the Public Health Act, 1991 and requirements thereunder and Council’s Boarding House Development Control Plan.

(4) Protection of the Environment Operations Act 1997 - offensive noise prohibited

The premises shall operate so as not to give rise to ‘Offensive Noise” nuisance as defined by the Protection of the Environment Operations Act 1997.

(5) Garbage bin storage/placement for collection - strata title plan

All garbage/recycling bins are to be kept in the garbage bin storage area in the main block. Bins are only to be placed in the designated pick up area on the day of garbage collection and are to be returned to the storage area immediately after collection.

(6) Subdivision Prohibited

Any form of subdivision of the boarding house is prohibited.

(7) Maximum number of rooms and residents

The boarding house shall comprise of no more than 18 rooms and accommodate no more than 21 persons at any time.

The use of the rooms shall be:-

Single Occupancy Rooms	Double Occupancy Rooms
1, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 17 and 18	2, 11 and 16

Double occupancy rooms shall not exceed 2 persons and single occupancy rooms shall not exceed 1 person.

Management of the premises must at all times monitor the number of rooms and persons within the building to ensure that the maximum numbers are not exceeded.

(8) Annual Inspections

The boarding house is to be inspected annually by Council officers.

(9) Accessibility to be maintained

A continuous path of travel not exceeding 1:14 grade or complying with AS 1428 and/or a lift is to be maintained between the main street entrance to the residential complex, adaptable units, accessible car parking spaces, letter boxes, garbage storage area, recreation areas and clothes drying areas.

(10) Air conditioners

No air-conditioners have been approved as part of this application and will require the lodgement of a separate Development Application.

(11) On Site Manager

The premises must have a live-in on-site Manager.

(12) Rental leases

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

(13) Complaints-response by licensee

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

(14) Use of recreation rooms

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

I Advisory Notes

(1) Modifications to your consent - prior approval required

You are advised to contact Council immediately if you wish to alter your approved plans or if you cannot comply with other requirements of your consent to confirm whether a Section 96 modification is required.

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

COMPLIANCE TABLE - ASHFIELD LOCAL ENVIRONMENTAL PLAN 1985

CLAUSE 2

Aims, objectives etc.

This plan aims to:

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

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

CLAUSE 10

Zoning

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

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

CLAUSE 10A

Development consent required for change of building use and subdivision

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

CLAUSE 11

Dwelling houses – residential allotment size

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

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

(b) in any other case –

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

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

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

The allotment was in existence on the appointed day.

CLAUSE 12:

Number of floors in dwelling-houses

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

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

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

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

Complies.

No. of floors = two

CLAUSE 13

Dwelling houses – dual occupancy

Not applicable.

CLAUSE 17

Floor space ratios

Complies.

Site Area = 966.3sqm

Gross Floor Area = 614.98sqm

Proposed FSR = 0.64:1

Maximum FSR = 0.75:1

CLAUSE 17A

Height of residential flat buildings

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

(2) In this clause –

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

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

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

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

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

Not applicable.

CLAUSE 17B

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

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

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

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

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

(a) the scale and character of the streetscape,

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

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

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

Not applicable.

CLAUSE 18

Development for the purpose of advertisements

Not applicable.

CLAUSE 20

Clubs

Not applicable.

CLAUSE 21

Motor showrooms

Not applicable.

CLAUSE 22

Industrial uses 4(b)

Not applicable.

CLAUSE 23

Setbacks 4(b)

Not applicable.

CLAUSE 24

Parking in Zone 4(b)

Not applicable.

CLAUSE 25

Development of land within Zone No. 6(a)

Not applicable.

CLAUSE 27

Acquisition of land

Not applicable.

CLAUSE 28

Suspension of certain laws

Not applicable.

CLAUSE 29

Provision for public amenities and services

Refer to Part 9.0 of this report for further details.

CLAUSE 29A

Classification and reclassification of public land as operational

Not applicable.

CLAUSE 30

Heritage provisions – aims

The aims of this Part are:

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

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

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 area.

Requirement for conservation plan or heritage impact statement

Not applicable.

Assessment criteria for development of land within heritage conservation areas.

Not applicable.

CLAUSE 34

Notice to Heritage Council

Not applicable.

CLAUSE 35

Haberfield Heritage Conservation Area

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

CLAUSE 37A

Conservation incentives

Not applicable.

CLAUSE 38

Development of land known as 476 Parramatta Road Ashfield

Not applicable.

CLAUSE 38A

Multiple dwellings on certain land

Not applicable.

CLAUSE 38B

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

Not applicable.

CLAUSE 39

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

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

CLAUSE 39A

Temporary car park–Liverpool Road and Elizabeth Avenue, Ashfield

Not applicable.

CLAUSE 39B

Mixed development in commercial zones – generally

Not applicable.

CLAUSE 40

Mixed development on certain land – floor space concessions

Not applicable.

CLAUSE 41

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

Not applicable.

CLAUSE 42

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

Not applicable.

CLAUSE 43

Development of community centre at Smith Street, Summer Hill

Not applicable.

CLAUSE 44

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

Not applicable.

CLAUSE 45

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

Not applicable.

CLAUSE 48

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

Not applicable.

CLAUSE 49

Development of land known as 191 Ramsay Street, Haberfield

Not applicable.

CLAUSE 51

Development of land known as 93 Milton Street, Ashfield

Not applicable.

CLAUSE 52

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

Not applicable.

CLAUSE 53

Development of land known as 3 Carlton Crescent, Summer Hill

Not applicable.

CLAUSE 54

Development at 11–13 Hercules Street, Ashfield

Not applicable.

CLAUSE 55

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

Not applicable.

CLAUSE 56

Development of certain land at Queen Street, Ashfield

Not applicable.

CLAUSE 57

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

Not applicable.

MODEL PROVISIONS

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

Acceptable.

5(2) – Car impacts

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

b) adequate car-parking

c) compliance with RTA representations

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

Not applicable. However, the proposed parking and entry and exit points were reviewed by Council’s Engineer Traffic and Projects who raised no objections to the proposal.

13 – Off street loading, facilities, etc.

Not applicable.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 22 May 2012 CM10.8

Subject DEVELOPMENT APPLICATION: 10.2012.068.1
64 BLAND STREET ASHFIELD

File Ref DA 10.2012.068

Prepared by Luma Araim - 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 to undertake alterations and additions to a church hall and pre-school at St John’s Anglican Church. The proposed work consists of the following:

Church Hall

· Internal alterations including the removal of the stage and its replacement with kitchen and toilets;

· Replace existing toilets under rear skillion with two administration offices;

· Widen an existing door to the east facade and replace it with new double entry doors;

· Remove the window on the eastern extension and replace it with a larger bay window; and

· Extend the roof over the eastern extension over the widened door to be used as a porch.

School Hall- Pre-School

· Enclose the passage to the north of the Hall and extend it towards the north east to be used as a foyer.

· Demolition of timber weatherboard shed to the rear and a brick extension to the gabled school hall;

· Window in north facade of school hall to be bricked up;

· Doors in east facade to be re-hung to swing outwards;

· Western extension towards the side boundary for stairs at ground level; and

· A new mezzanine level to the central space for office and multi-purpose space.

Gaye Rand Playroom-Pre-School

· Construction of new lobby and two administration rooms to the east side attached to the kindergarten;

· Extension to the north;

· Removal of several internal partitions; and

· Demolition of an existing detached store to the north of the playroom and construction of a new detached equipment store.

Plans of the proposal are included at Attachment 1.

2.0 Summary Recommendation

The proposed alterations and additions to church hall and pre-school have been kept as unobtrusive as possible maintaining minimal changes to the external facades. The new covered entry to the existing hall and new bay window to the rector’s office is the most apparent visual change to the external facade from street level. However, this change will have a minimal impact on the streetscape.

The new roof to the space between the hall and pre-school is well below the existing surrounding roof ridge levels and is not visually apparent from the street as it is set back from the rector’s office. The new roof to the mezzanine office is pitched and in line with the existing roof ridge.

It is considered that the proposal is acceptable and the development is recommended for conditional approval.

Background

3.0 Application Details

Applicant : Anglican Church Property Trust

Owner : Anglican Church Property Trust Diocese of Sydney

Value of work : $500,000.00

Lot/DP : LOT: 2 DP: 208481

Date lodged : 29/03/2012

Date of last amendment : Not applicable

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 Bland Street, bounded by Julia Street to the east and Charlotte Street to the west. An existing church building, church hall, cemetery, open space and pre-school are located on the site. Surrounding development comprises residential development of varying densities. 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
10.2008.138.1	25/08/08	Installation of two air conditioners at St John’s Pre-School	Approved
10.2006.40	13/04/06	Relocation of two existing signs at St John’s Church	Approved
10.2005.42.1	11/05/05	Replacement Fence around Rectory	Approved
10.2005.363.1	22/04/05	Use of church grounds for market stalls	Withdrawn
10.2004.365.1	22/04/05	Use of St John’s Anglican Church grounds for fortnightly market stalls.	Withdrawn
10.2003.229	28/08/03	Replacement Fence	Approved
10.2001.72.1	09/05/01	Use of church grounds for market stalls on Fridays and Saturdays	Approved
10.2000.386.1	22/03/01	Demolition of outbuildings and reconstruction of pre-school building	Approved
6.1997.164.1	30/09/1997	The erection of an awning	Refused
6.1997.163.1	30/09/1997	New shade structure	Approved
6.1988.442.1	15/08/1989	Pre-fab shed	Approved
6.1978.324.1	11/09/1978	Addition of an office to a kindergarten	Approved

The subject property has had various building approvals dating back over many years. In addition various approvals have been given for works associated with the pre-school. Construction of a new pre-school building which was approved on 22 March 2001 is relevant to this application.

Assessment

6.0 Zoning/Permissibility/Heritage

· The site is zoned 5(a) Special Uses-Church under the provisions of Ashfield LEP 1985.

· The property is not located within a Heritage Conservation Area.

· The property is a heritage item.

· The property is located within the vicinity of a heritage item at 79 Bland Street and draft heritage items at 75 and 83 Bland Street.

The use of the pre-school is ancillary to the Church. 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

The site known as St John’s Anglican Church Ashfield is a heritage item under Schedule 7 of the Ashfield LEP 1985 (as amended). A number of significant religious buildings and structures occupy the site including the Church building, Parish Hall, Pre-school, Cemetery and Churchyard. This proposal specifically involves the St John’s Parish Hall and the pre-school. It is proposed to link the hall to the pre-school with a new foyer, add a mezzanine floor, an extension to pre-school and undertake internal alterations to the hall and pre-school.

Clause 32(3) of the Ashfield LEP 1985 requires that Council assesses the heritage significance of the heritage item and take into consideration the extent to which the carrying out of the proposal would affect the significance of the heritage item. The proposal was referred to Council’s Heritage Adviser who raised no concerns with the proposal, however, he recommended that the new materials should match existing materials. The applicant has subsequently submitted a schedule of external finishes which match the existing buildings.

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. 1 – Development Standards

Not applicable.

State Environmental Planning Policy No. 55 – Remediation of land

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

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

Not applicable.

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	The proposal will not change compliance with the provisions of this part.
C10	HERITAGE CONSERVATION	The proposal complies with the aims and objectives of this part.
C11	PARKING	There is no intensification or change in number of people using the church or placement numbers for the pre-school. Therefore, there is no impact on car parking requirements. Parking for the staff is available within the site.
C12	PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT	The proposal was notified in accordance with Council’s Notification Policy. See Part 7.7 of this report.
C19	CHILD CARE CENTRES	See comments below.

Part C19 Child Care Centres

The proposed alterations and additions to the pre-school includes the addition of new foyer, new admin office, staff meeting rooms, new toilet facilities, extension to the north of the indoor play area and a new equipment store. These alterations are proposed to meet current regulatory requirements for child care centres.

Clause 2.5 of Part C19 requires a child care centre to comply with the relevant requirements for staff to children ratios, minimum areas for indoor and outdoor open space and internal amenities. The existing pre-school complies with this part as detailed below:

Clause No 30(2) of the regulations requires that an indoor play area of 3.25m² is provided for each child. The minimum required indoor play area for 40 children (as approved by Consent No. 10.2000.386) is 40x3.25= 130m². The proposal provides approximately 191m² which complies with the requirements of this Clause.

Clause No.30(4) of the regulations requires an area of 7m² for each child for outdoor play. The minimum required outdoor play area for 40 children is 40x7=280m². The proposal complies with this requirement providing 653.25m² of outdoor play area.

Church Hall

Council does not have a DCP control for Places of Public Worship. However, as the changes to the church hall involve minor internal works the impact will be minimal.

It is considered the application complies with the parts as indicated above 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.

Shadow impacts

An assessment of shadow diagrams submitted with the application indicates that the proposal will have minimal impact on adjoining properties and all solar requirements will be met.

Views

The proposed alterations and additions to the hall building and pre-school do not affect any views from the immediate neighbouring properties on either side of the street. The proposal has no impact on any existing views from three storey block of units to the west of the subject site.

Privacy

The proposal will have minimal impact on adjoining properties to the west. Minimal window openings have been proposed along the western side of the building.

Landscaping

There are a number of major existing trees on the site. The proposal does not seek to

remove any of these trees.

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

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 04 April 2012 until 24 April 2012.

7.7.1 Summary of submissions

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

7.8 The public interest

Matters of the public interest have been considered in the assessment of this application. The proposal is acceptable and therefore recommended for approval.

8.0 Referrals

8.1 Internal

Heritage Adviser

The application was referred to Council’s Heritage Adviser who raised no concerns with the proposal and recommended that new materials match those of the existing buildings. The applicant subsequently provided a materials schedule which satisfies this requirement.

Comments from Council’s Heritage Adviser are included at Attachment 3.

Building

No objections subject to conditions.

Engineering

No objections 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

A Section 94A Contribution of $5000 is applicable and has been included in the consent conditions.

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 1 View	Plans of the Proposal	8 Pages
Attachment 2 View	Locality Map	1 Page
Attachment 3 View	Heritage Advice	1 Page

RECOMMENDATION

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2012.68.1 for alterations and additions to church hall and pre-school on Lot 2 in DP: 208481, known as 64 Bland Street, Ashfield, subject to the following conditions:

CONDITIONS

A General Conditions

(1) Approved plans stamped by Council

The development must be carried out only in accordance with the plans and specifications set out on drawing numbers 11007-DA01-p2, 11007-DA02-p2, 11007-DA03-p2, 11007-DA04-p2 and 11007-DA05-p2 prepared by NBRS+Partners Architects and date stamped by Council 29 March 2012 and any supporting documentation received with the application, except as amended by the conditions specified hereunder.

(2) The conditions imposed in Consent Number 10.2000.386.1 shall be complied with at all times. This approval does not supersede or replace the original Consent for the Pre-School.

(3) Compliance with BCA

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

B Design Changes

Nil

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 $4000 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:

It must be an original with no end date and issued in favour of Council, details of the proponent’s address shall be included.

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 94A Contribution

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.

(4) Long service levy

(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 footpath at the property both in Bland Street and Alt Street 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) 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

(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) 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.

(5) Sydney Water approval

(6) Structural engineer’s certificate - superimposed loads

(7) Structural Engineering Details

E Conditions that must be complied with during construction or demolition

(1) Building construction - check survey

A check survey is to be submitted to the Principal Certifying Authority for perusal at an early stage of construction indicating excavated levels, boundary distances, site coverage and building alignment to ensure compliance with the approved plans.

(2) 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.

(3) 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.

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

(5) 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.

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

(g) 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.

(h) 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).

(i) 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.

(j) 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.

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

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

(m) 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.

(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 the conditions hereunder.

(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 street gutter.

(10) 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.

(11) No Entry via Bland Street

All vehicles associated with the construction of this development must not enter of exit via Bland Street. All vehicular movement must enter and exit the site from Alt Street only.

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

(1) Hours of operation

The hours of operation will be in accordance with Condition 5 of Consent No 10.2000.386.1

Any variation to these hours will be the subject of a Section 96 application.

(1) Number of children

The number of children approved by this application shall not exceed 40 Children. A section

96 application to modify the consent will be required if the number of children exceeds 40.

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.

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 meet the aims and objectives of Ashfield LEP 1985.

CLAUSE 10

Zoning

Complies. The property is zoned 5(a) Special Uses-Church and the proposal is permissible with Council consent. The use of the pre-school is ancillary to the Church.

CLAUSE 10A

Development consent required for change of building use and subdivision

Not applicable.

CLAUSE 11

Dwelling houses – residential allotment size

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

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

(b) in any other case –

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

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

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

Not applicable.

CLAUSE 12:

Number of floors in dwelling-houses

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

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

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

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

Not applicable.

CLAUSE 13

Dwelling houses – dual occupancy

Not applicable.

CLAUSE 17

Floor space ratios

Not applicable.

CLAUSE 17A

Height of residential flat buildings

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

(2) In this clause –

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

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

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

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

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

Not applicable.

CLAUSE 17B

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

(a) the scale and character of the streetscape,

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

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

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

Not applicable.

CLAUSE 18

Development for the purpose of advertisements

Not applicable.

CLAUSE 20

Clubs

Not applicable.

CLAUSE 21

Motor showrooms

Not applicable.

CLAUSE 22

Industrial uses 4(b)

Not applicable.

CLAUSE 23

Setbacks 4(b)

Not applicable.

CLAUSE 24

Parking in Zone 4(b)

Not applicable.

CLAUSE 25

Development of land within Zone No. 6(a)

Not applicable.

CLAUSE 27

Acquisition of land

Not applicable.

CLAUSE 28

Suspension of certain laws

Noted.

CLAUSE 29

Provision for public amenities and services

Noted.

CLAUSE 29A

Classification and reclassification of public land as operational

Not applicable.

CLAUSE 30

Heritage provisions – aims

The aims of this Part are:

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

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

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 Heritage Item

Requirement for conservation plan or heritage impact statement

Complies. A heritage impact statement 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.

CLAUSE 34

Notice to Heritage Council

Not applicable.

CLAUSE 35

Haberfield Heritage Conservation Area

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

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

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

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

Not applicable.

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

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

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

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

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

Not applicable.

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

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

Not applicable.

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

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

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

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

Not applicable.

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

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

Not applicable.

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

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

Not applicable.

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

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

Not applicable.

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

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

Not applicable.

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

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

Not applicable.

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

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

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

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

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

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

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

Not applicable.

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

(f) the application includes dormer or gablet windows.

Not applicable.

CLAUSE 36

Development of known or potential archaeological sites

Not applicable.

CLAUSE 37

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

CLAUSE 37A

Conservation incentives

Not applicable.

CLAUSE 38

Development of land known as 476 Parramatta Road Ashfield

Not applicable.

CLAUSE 38A

Multiple dwellings on certain land

Not applicable.

CLAUSE 38B

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

Not applicable.

CLAUSE 39

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

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

CLAUSE 39A

Temporary car park–Liverpool Road and Elizabeth Avenue, Ashfield

Not applicable.

CLAUSE 39B

Mixed development in commercial zones – generally

Not applicable.

CLAUSE 40

Mixed development on certain land – floor space concessions

Not applicable.

CLAUSE 41

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

Not applicable.

CLAUSE 42

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

Not applicable.

CLAUSE 43

Development of community centre at Smith Street, Summer Hill

Not applicable.

CLAUSE 44

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

Not applicable.

CLAUSE 45

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

Not applicable.

CLAUSE 48

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

Not applicable.

CLAUSE 49

Development of land known as 191 Ramsay Street, Haberfield

Not applicable.

CLAUSE 51

Development of land known as 93 Milton Street, Ashfield

Not applicable.

CLAUSE 52

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

Not applicable.

CLAUSE 53

Development of land known as 3 Carlton Crescent, Summer Hill

Not applicable.

CLAUSE 54

Development at 11–13 Hercules Street, Ashfield

Not applicable.

CLAUSE 55

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

Not applicable.

CLAUSE 56

Development of certain land at Queen Street, Ashfield

Not applicable.

CLAUSE 57

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

Not applicable.

MODEL PROVISIONS

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

The appearance of the building is satisfactory in the context of the streetscape.

Phil Sarin

Director Planning and Environment

Category 21 Fees	Minimum	Maximum
Mayor	$7,740	$17,060
Councillors	$16,480	$37,230

Group No.	Population	Delegates
1	Less than 10,000	1
2	10,000 - 20,000	2
3	20,000 - 50,000	3
4	50,000 - 100,000	4
5	100,000 - 150,000	5
6	Over 150,000	7
7	County councils	2
8	Aboriginal Land Council	27

	Total Equity ($)	% Equity	Subscriptions $	% Subscriptions
LGA	19,015,275	66.19	2,876,208	65.77
SA	9,713,269	33.81	1,496,629	34.23
Total Combined	28,728,544	100.00	4,372,837	100.00

	No merge $	Merge $	Difference $
LGA	19,015,275	18,894,763	(120,512)
SA	9,713,269	9,833,781	120,512
Total Combined	28,728,544	28,728,544	0

ACH Clifford P/L	Kell and Rigby
Axis	Kinsley
Baseline Constructions	Parkview
Buildcorp	Rapid Constructions
Buildform	Stephen Edwards Constructions
Buildplan	Taylor Constructions
Denham Constructions	Titan
Gartner Rose	Uniport
Growthbuilt	Walton

Attachment 1 View	Previous Planning Report	31 Pages
Attachment 2 View	Heritage Report	10 Pages
Attachment 3 View	Amended Conditions of Consent	7 Pages

Attachment 1	Ashfield Civic Centre Stage 3 - Tender Panel Assessment - *- CONFIDENTIAL ATTACHMENT - Confidential* - It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) (d) of the Local Government Act, 1993, on the grounds that information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret.	78 Pages
Attachment 2	ACCRD Stage 3 Tender Procuement - Project Director Report - *- CONFIDENTIAL ATTACHMENT - Confidential* - It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) (d) of the Local Government Act, 1993, on the grounds that information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret.	2 Pages

Attachment 1	Long Term Financial Plan	44 Pages
Attachment 2	Workforce Management Plan	16 Pages
Attachment 3	Asset Management Strategy	61 Pages
Attachment 4	Transport Asset Management	69 Pages
Attachment 5	Play Spaces and Sporting Fields Asset Management Plan	66 Pages
Attachment 6	Community Buildings Asset Management Plan	68 Pages
Attachment 7	Stormwater Asset Management Plan	67 Pages
Attachment 8	Aquatic Centre Asset Management Plan	70 Pages