Agenda of Ordinary Meeting - 27 November 2012

Ashfield Council – Report to Ordinary Meeting held on Tuesday 27 November 2012 CM10.1

Subject DEVELOPMENT APPLICATION: 10.2012.208.1
6 WELLESLEY STREET, SUMMER HILL

File Ref DA 10.2012.208.1

Prepared by William Daskalopoulos - Development Assessment Officer

Reasons Matter requires Council determination – heritage listed item

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 addition to the existing dwelling involving:-

· Cement rendering of face bricks;

· Construction of an attic containing a bedroom & ensuite; and

· Construction of a rear deck.

Plans of the proposal are included at Attachment 1.

2.0 Summary Recommendation

The development is recommended for conditional approval.

Although the property is a heritage item the dwelling house was extensively modified in the 1970’s with aluminium replacement windows and red textured face bricks. Council’s Heritage Adviser has raised no objection to the proposed development including the cement rendering of the external walls of the dwelling house. In addition, no objections have been received against the proposed development.

Background

3.0 Application Details

Applicant : Ada Catanzariti

Owner : Mrs A Catanzariti

Value of work : $250,000

Lot/DP : LOT: 1 DP: 115460

Date lodged : 15/10/2012

Date of last amendment : N/A

Building classification : 1a

Application Type : Local

Construction Certificate : No

Section 94A Levy : Yes

4.0 Site and Surrounding Development

The subject site is located on the southern side of Wellesley Street, bounded by Edward Street to the east and Spencer Street to the west. The site area is approximately 423.5 square metres. An existing single storey dwelling is located on the site. Surrounding development comprises mainly dwelling houses of one and two storeys.

Refer to Attachment 2 for a locality map.

5.0 Development History

There is no record of any relevant previous development or building applications for the property.

Assessment

6.0 Zoning/Permissibility/Heritage

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

· The property is not located within a Conservation Area.

· The property is a heritage item.

· The property is located within the vicinity of a heritage items at 2-44 Wellesley Street Summer Hill.

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)

COMPLIANCE TABLE - ASHFIELD LOCAL ENVIRONMENTAL PLAN 1985

CLAUSE 2

Aims, objectives etc.

This plan aims to:

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

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

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

CLAUSE 10

Zoning

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

CLAUSE 11

Dwelling houses – residential allotment size

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

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

(b) in any other case –

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

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

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

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

Complies.

Allotment Size = 423.5m²

Width of front alignment = 11.58m

The allotment was in existence on the appointed day.

CLAUSE 12:

Number of floors in dwelling-houses

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

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

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

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

Complies.

No. of floors = 2

CLAUSE 13

Dwelling houses – dual occupancy

N/A.

CLAUSE 30

Heritage provisions – aims

The aims of this Part are:

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

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

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

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

CLAUSE 32

Protection of heritage items, heritage conservation areas and relics

Requirement for development consent

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

Development consent not required

Not applicable.

Assessment of impact on heritage significance

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

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 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.

The proposed development will not have a negative visual appearance when viewed from any public place.

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

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.

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.

Draft Ashfield Local Environmental Plan 2012 Summary Compliance Table
Clause No.	Clause	Standard	Proposed	Compliance
2.2	Zoning	R2 Zone	Alterations to dwelling house	Yes
4.1	Minimum subdivision lot size	500m²	423.5m² (Existing site area)	No, however, land was a separate parcel prior to draft LEP
4.3	Height of buildings	8.5m	7m proposed (at highest point).	Yes
4.4	Floor space ratio	0. 7 :1	0. 47 :1	Yes
5.10	Heritage Conservation	Not located in a Conservation Area, however, the property is a Heritage Item: The proposed development is to the rear of the dwelling and is sympathetic to the style and character of the dwelling house. See also comments below.
5.10(4)	Effect on heritage significance	The consent authority may, before granting consent to any development: (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.	Assessed as satisfactory by Council’s Heritage Adviser.	Yes

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	See report at 5.10 above.
C11	PARKING	See Part C11 report below.
C12	PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT	Complies. The application has been notified as required by this part.
C15	HOUSES & DUAL OCCUPANCIES	Generally complies. See Part C15 Report below.

Part C11 Report

The DCP requires at least one car space but preferably two car spaces behind the building line of the dwelling house. The proposed development does not alter the existing car parking on the site. There is an existing car parking space in the existing garage located in the lower level of the dwelling house.

Part C15 Houses and Dual Occupancies:

Scale and bulk

The proposal consists of alterations and additions to the existing dwelling. The subject site has a maximum FSR requirement of 0.6:1. As a result of the proposed works the floor space ratio is 0.47:1(200.7m²) and therefore complies with the ADCP 2007.

The ADCP allows a maximum wall height of 6m.The proposed wall height is 7m and therefore does not comply with the height control, however, the land is on a sloping site with a raised timber ground floor.

Ashfield DCP allows a greater wall height for sloping sites. The height in this instance is acceptable.

Aesthetics:

The proposal consists of alterations and additions to the existing dwelling-house.

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 of mainly single storey dwellings.

The existing dwelling house has red textured face bricks and generally has been unsympathetically modified in the past. Council’s Heritage Adviser has no objection to the proposed development.

The proposed development is considered to be sympathetic in context to the adjoining dwellings.

Landscape and Site Layout:

The ADCP requires that the site provides a landscaped area of 45% ( 90.57m²) of the site area and a minimum and that 70% ( 133.4m²) of the minimum landscaped area be deep soil planting.

The proposed landscaped area is 230m² or 54% of the site and therefore complies. The proposed deep soil planting area is 129m² or 67.6% of the minimum required landscaped area. Although this does not comply with Council’s development control the proposed development does not reduce the existing deep soil planting on the site.

Amenity for neighbours:

The ADCP requires solar access 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 is not reduced to less than three hours between 9am and 3pm on the 21 June.

The ADCP 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 location of the proposed rear addition is not considered to adversely impact the solar access to the adjoining neighbours and it is considered that the property to the south of the subject site will receive the minimum required solar access to their private open space and northern living room windows.

Neighbour's Privacy: The proposal will not excessively impact the privacy of the adjoining properties. Proposed windows are mainly facing the rear boundary therefore minimising impact on the privacy to the adjoining neighbours.

The development includes a rear first floor deck. A privacy screen is shown on the eastern side of the deck. A condition will be imposed to provide a 1.8m high 85% density privacy screen on the eastern side of the first floor deck to restrict any overlooking onto 4 Wellesley Street.

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, occupants, and Councillors from 18 October 2012 until 6 November 2012.

7.7.1 Summary of submissions

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

7.8 The public interest

The public interest is best served by approval of the application

8.0 Referrals

8.1 Internal

Heritage Adviser – Council’s Heritage Adviser has raised no objection to the development. Comments from Council’s Heritage Adviser are included at Attachment 3.

Engineering.- No objection subject to conditions

9.0 Other Relevant Matters

Stormwater Management Code

Stormwater Pipes –

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

10.0 Building Code of Australia (BCA)

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

Financial Implications

Section 94A Contributions of $2,500 are applicable as the value of the work is $250,000.

Other Staff Comments

See Section 8.1 of this report.

Public Consultation

See Section 7.7 of this report.

Conclusion

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

The proposal is acceptable and is 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	1 Page
Attachment 4 View	Conditions	8 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.2012.208 for alterations and additions to a dwelling house including cement rendering external walls an attic containing a bedroom, ensuite and rear deck on Lot 1 in DP: 115460, known as 6 Wellesley Street Summer Hill subject to conditions.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 27 November 2012 CM10.3

Subject DEVELOPMENT APPLICATION 2000.386.2
64 BLAND STREET ASHFIELD

File Ref DA 2000.386.2

Prepared by William Daskalopoulos - Development Assessment Officer

Reasons Matter requires Council determination

Objective Council to determine the application

1.0 DESCRIPTION OF PROPOSAL

An application pursuant to Section 96 (1A) of the Environmental Planning and Assessment Act 1979, as amended, seeks Council's approval to the modification of the development consent No. 200.386 as follows:

· Increase the number of children attending the pre-school from 40 to 60.

· Increase the number of staff from 7 to 9.

2.0 SUMMARY RECOMMENDATION

Development Consent No.2000.386 was granted on 22 March 2001 for the construction of a new preschool building for a maximum of 40 children.

The section 96 application seeks to increase the number of children attending the preschool from 40 to 60. Staff numbers will increase from 7 to 9 to cope with the increase in children numbers.

The section 96 application is not seeking any alterations or additions to the child care centre.

Alterations and addition to the preschool were approved under Development Consent No. 2012.068 on 22 May 2012.

There is sufficient outdoor and indoor play area on the premises to accommodate 60 children.

Conditions will be imposed to require additional parking including parking for motor cycles, bicycles and a vehicle drop off area on the site.

A condition will be imposed to limit the number of children in the outdoor play area to 40 at any time to restrict noise from the premises.

It is considered that the proposed amendment does not substantially alter the nature of the original proposal and that the proposal complies with the Ashfield Local Environmental Plan 1985 (as amended) and the applicable development control plans. The development is therefore recommended for approval.

3.0 APPLICATION DETAILS

Applicant : NBRS &Partners

Address : L3, 4 Glen Street MILSONS POINT NSW 2060

Owner : Anglican Church Property Trust Diocese of Sydney

Lot/DP : LOT: 2 DP: 208481

Date lodged : 28/09/2012

Date of last amendment : N/A

Building classification : 9b

Application Type : Local

Construction Certificate : No

4.0 SITE AND SURROUNDING DEVELOPMENT

Not altered by proposal. The land area is approximately 16,765m².

5.0 DEVELOPMENT HISTORY

Development Consent No. 2000.386 for demolition of outbuildings primarily used as a preschool and construction of a new preschool was approved on 22 March 2001.

Development Consent No. 2012.068 for alterations and additions to the church hall and preschool was approved on 22 May 2012.

6.0 ZONING/PERMISSIBILITY/HERITAGE

Not altered by proposal.

Zoning 5(a) Church - Heritage Item.

7.0 SECTION 96 (1A) ASSESSMENTS

(1A) Modifications involving minimal environmental impact

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

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

Officer Comment:

The proposed modification does not involve any building work and is considered to have minimal environmental impact.

and

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

Officer Comment:

It is considered that the proposed development as modified is substantially the same development for which consent was originally granted.

and

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

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

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

Officer Comment:

The application was notified in accordance with Part C12 of Ashfield DCP.

and

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

Officer Comment: Two submissions were received from Barbara Casey, John and Sandra Mills during notification period. See 7.7.1 of this report below for discussion of the issues.

The following is an assessment of the application with regard to the heads of consideration under the provisions of Section 79C of the Environmental Planning and Assessment 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 does not alter compliance with the LEP.

7.1.2 Regional Environmental Plans

Not applicable.

7.1.3 State Environmental Planning Policies

The proposal does not alter compliance with the relevant SEPPs.

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

Draft Ashfield Local Environmental Plan 2012 Summary Compliance Table
Clause No.	Clause	Standard	Proposed	Compliance
2.2	Zoning	R2 Zone	Childcare centre	Yes
4.1	Minimum subdivision lot size	500m²	16,765m²	Yes
4.3	Height of buildings	8.5m	No building alterations or additions	N/A
4.4	Floor space ratio	0.7:1	No building works proposed	N/A
5.10	Heritage Conservation	Not located in a Conservation Area however the property is a Heritage Item: Council’s Heritage Adviser has raised no objection to the development.
5.10(4)	Effect on heritage significance	The consent authority may, before granting consent to any development: (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.	Assessed as satisfactory by Council’s Heritage Adviser.	Yes

7.3 The provisions of any Development Control Plan.

The proposal generally complies with relevant DCPs.

Ashfield Development Control Plan 2007 Part C19: Child Care Centres Compliance Table
Clause No.		Requirements	Proposed
Section 2: Planning and Design Guidelines
2.1 Location Criteria
Controls
(a)	Locate Child Care Centres in areas where -
	· there is a demand for these facilities and where there is good access to public transport services and recreation opportunities.
	· in areas which have good vehicular access without unduly affecting traffic flow or parking provision in surrounding streets. Where a new child care centre is to be established in a cul-de-sac or other no-through road, the applicant must clearly demonstrate that there will be no significant impact to residential amenity or vehicular manoeuvrability.		The subject site has good vehicular access off Perri Lane. Access and manoeuvring has been assessed as satisfactory by Council’s traffic engineer.
(b)	New Child Care Centres proposed on sites adjoining a classified road are not to have vehicular access from that road unless it can be demonstrated that alternative vehicular access to that development is neither practicable nor can be provided by another road.		No vehicular access is proposed from a classified road.
(b)	The location of a Child Care Centre is to take into consideration any environmental health hazard or risk relevant to the site and/or existing buildings within the site or in the surrounding area, having regard to the following:
	· proximity to Dangerous Goods - new Child Care Centres must not be located within 100m of a dangerous good of a quantity requiring a license to be held under the Dangerous Goods Act 1975 and Regulation as measured from the location of the dangerous good to the nearest point of the subject site.		Existing child care centre.
	· existing and potential on and off-site electromagnetic fields (50Hz and radio frequency fields 3KHz – 300GHz); refer to requirement for report at Appendix 2.		Existing child care centre.
	· potentially contaminated land – a preliminary investigation report is required- refer Appendix 2.		As above.
	· lead in painted surfaces, carpets, furnishings and roof void in existing buildings; & asbestos in existing buildings – refer to requirement for report at Appendix 2.		As above.

	· proximity to noise sources, odour (and other air pollutants) generating uses and sources; and any other identified environmental health hazard or risk relevant to the site and/or existing buildings within the site - refer Appendix 2.	As above.
	· do not locate Child Care Centres in close proximity to brothels.	As above.
2.2 Site Planning
Controls
(a)	A Site Analysis is to be submitted with the application and is to examine and define the development context of the site and its surrounds, in terms of both its local and broader context and how the proposed development will “fit” within this context.	A suitable site analysis has been provided.
2.3 Building Form and Appearance
Objectives
(a)	Developments including alterations and additions are to maintain consistency with the character of the locality and design objectives contained in the relevant parts of Ashfield Development Control Plan 2007.	Existing building.
Controls
(i)	Child Care Centres must comply with the general requirements of Ashfield Local Environmental Plan 1985 and of Ashfield Development Control Plan 2007.	The proposed development generally complies with ALEP.
2.4 Sustainability, Energy Efficiency & Solar Access
Objectives
	The design of any new building or substantial additions to Child Care Centres should aim to reduce embedded energy in materials, avoid rainforest timbers, maximize natural airflow and minimise reliance on mechanical heating and cooling. Recycling and composting facilities should be provided on site. The design should reflect the site analysis drawings having regard to optimal orientation for both indoor and outdoor play areas.	Existing child care building with no new additions.
Controls
	Refer to Part J of the Building code of Australia- Energy Efficiency applicable to sustainable design of Class 9B buildings and advisory data in Part D2 of Ashfield DCP 2007.	Existing child care building.
2.5 Room sizes, Indoor Recreation Areas and facilities/Outdoor recreational areas and facilities
The Children’s Services Regulation 2004 provides all of the requirements for Child Care Centres that must be satisfied prior to the issuing of a license by DOCS. These requirements include staff-to-children ratios, minimum areas for indoor and outdoor open space and internal amenities. In addition to the requirements of this Part applicants must refer to the Regulations in order to ensure that their proposal fully complies.
Controls – Indoor Areas
(i)	The Child Care Centre must comply with or preferably exceed the indoor space/facility provisions as prescribed by the Children’s Services Regulation 2004 – as below and the provisions of the Building Code of Australia applicable to design of Class 9B buildings.
	Indoor areas A minimum of 3.25m² of unencumbered indoor play space per child that is exclusively for the use of children is to be provided.* (* Unencumbered indoor space does not include items such as any passage-way or thoroughfare, door swing areas, kitchen, cot rooms, toilet or shower areas located within the building or any other facility such as cupboards and areas set aside for sleeping, staff and administration (Children’s Services Regulation))	Required: 195m². Provided: 196m² of unencumbered indoor play space
	Indoor facilities The Children’s Services Regulation 2004 requires that indoor space is to include the following facilities within all child care centres:
	· a room or area that is used only for administration and for private consultation between staff and parents;	This is provided in the existing building.
	· a room or an area, located away from the areas used by children, that is used for respite of staff;	Provided in the existing building.
	· a room or an area that is used only for sleeping for children under 2 years of age;	The centre will only cater for children over 2 years in age.
	· where children under the age of 3 years are being cared for, the child care centre must have laundry facilities, that include at least a laundry tub connected to both hot and cold water;	None proposed.
	· a separate craft preparation facility, including sink, bench top and lockable cupboard. This area must not be located next to a food preparation area or nappy change area. This area is not included in any indoor or outdoor play area;	Existing building.
	· a designated area that is both safe and hygienic for food preparation and storage. It should be designed, located and maintained to prevent children gaining access to harmful substances or equipment and includes a stove or microwave, sink, refrigerator, suitable disposal facilities and hot water supply (Food preparation areas are to be constructed and provided in accordance with the relevant sections of the Australian/New Zealand Food Standards Code. Guidance may be obtained from the National Code and for the Construction and Fit out of Food Premises published by the Australian Institute of Environmental Health and relevant Australian Standards. In the case of any inconsistency between these documents, the Australian/New Zealand Food Standards Code shall prevail.);	Existing kitchen.
	· where a separate kitchen is provided, the kitchen must have a door, half gate or other barrier to prevent unsupervised entry by children into the kitchen;	Existing kitchen.
	· a designated area that is safe and hygienic for the preparation of bottles for children under the age of two years which must be separated from any nappy-changing areas;	The centre will cater for children from 2 years of age only.
	· safe toilets, hand washing and bathing facilities that are appropriate to the ages of children and are consistent with the Building Code of Australia;	Suitable toilets provided.
	· nappy change facilities, with adult hand washing facilities in the immediate vicinity and sanitary storage facilities to cater for children under the age of three years or any child in nappies;	Not required.
	· sleeping areas, with cots, beds, stretchers, mattresses and other bedding to be arranged so as to be in areas that have natural light and allow easy access to and exit of any child;	Existing building.
	· storage facilities for indoor and outdoor equipment that are secure and inaccessible to the children;	Existing building.
	· storage facilities for children’s personal belongings;	Existing building.
	· and garbage storage & recycling facilities.	Existing building.
	The design of indoor space is also to have particular regard to the following:
	· safety and security within the Child Care Centre in relation to occupational health and safety for children, staff and visitors, and external security to ensure that access into the centre is monitored, which may require the installation of camera surveillance, and installation of a security system with access only permitted to authorised persons;	Existing building.
	· easy accessibility between different areas within the Child Care Centre;	All areas in the centre are interconnected and have appropriate and convenient functional relationships.
	· the convenient location of children’s toilets, nappy change areas and storage cupboards and ensuring clear and unobstructed lines of sight of staff and children. The installation of convex mirrors and non recording camera surveillance may be required;	The children’s amenities and storage areas are located in an accessible area off the two playrooms with clear lines of sight.
	· windows of indoor play areas are to be located with a northern orientation and must receive at least three hours of sunlight between the hours of 9am and 3pm on June 21;	Existing building.
	· appropriate external shading of windows;	Existing building.
	· access to natural cross ventilation through the appropriate placement of openings;	Existing building.
	· use of safety glass and safety markers at child and adult height is required;	Existing building.
	· the use of energy efficient appliances and hot water systems;	Existing building.
	· adequate storage areas including storage areas for prams and construction of garbage and recycling areas;	Existing building.
	· mechanical ventilation of nappy change areas and toilets;	No nappy change areas required.
	· children’s toilets located so they are directly accessible to children’s indoor and outdoor play spaces;.	Toilets directly accessible from play areas and outdoor areas as appropriate.
	· the structural fittings and fixtures for all internal rooms selected to enhance non-chemical pest management of the premises with all cracks and crevices being sealed. and insect screening provided to windows;	Existing building.
	· Locks provided to all adult only areas such as storerooms, craft rooms, staff rooms etc;	Existing building.
	· Reception area large enough to cater for groups of people;	Existing building
	· Adult toilets should be accessible from the reception area so that they can be used by parents and visitors as well as staff;	Adult toilet located off reception area.
	· Staff room and separate staff work areas provided including storage space for personal items;	Provided.
Controls – Outdoor Areas
(ii)	The outdoor play spaces are to be:
	· positioned (where practicable) to the northern or north-eastern end of the site and not to the south of the building;	Play areas are existing.
	· sited away from and separated from the main entrance of the child care centre, car parking area or vehicle circulation areas;	Complies.
	· be aesthetically pleasing, be functional, interesting and safe (soft fall areas provided);	Play areas are existing.
	· provide a combination of built and natural shade (winter warmth and light is also desirable);	Play areas are existing.
	· covers to be provided for facilities such as sand pits;	Play areas are existing.
	· trees/shrubs to be child safe (not scalable) and not to allow egress from the outdoor area;	Trees/shrubs are existing.
	· fences/gates not to be scalable and minimum 1.2m high. Fencing must be of a design that a child cannot get parts of their body ‘stuck’ , including fingers;	Fences are existing.
	· Gates must be self-locking.	Gates are existing.
	· verandas/transition areas are to be provided for adequate shade during summer shade and for protection from the rain. A width of four metres or more will provide an alternative play area in extreme heat or inclement weather;	Existing.
	· The transition area must be designed to allow indoor and outdoor activities to be conducted undercover.	Existing.
	· the transition area must adjoin the child care centre’s main building.	Adjoins the main building.
	· the transition area must be located between the indoor and outdoor play spaces.	Existing building.
	· the roof coverage of the transition area must be a minimum of 4m in width.	Existing building.
	· the transition area must have direct frontage to the outdoor play spaces.	Existing building.
	· access to the transition area must not rely solely on stairs.	Existing building.
	· the transition area must be designed in a manner that offers protection from unfavourable weather conditions, including strong winds and rainfall.	Adequate protection provided.
	· the transition area must be designed in a manner that utilises natural temperature controlling measures, including cross ventilation.	Existing building.
	· roofing materials used in the transition area must not allow excessive heat to build up during summer months.	Existing building.
	· the transition area must be designed in a manner that does not inhibit supervision between indoor and outdoor play spaces.	Existing building.
	· of a design and layout that maximises clear sight lines to all areas from other areas of the child care centre;	Existing building.
	· All play equipment to comply with Australian Standards including soft fall areas must be separated visually from the living/bedroom windows of surrounding dwellings e.g. by position/placement and using solid screen fencing and landscaping as noise/privacy control measures.	Existing building.
	· be adequately fenced on all sides. All gates are to be self-closing and child proof with child proof locks. While all fencing to adjoining public spaces is to be a minimum height of 1800mm.	Site adequately fenced.
	· a physical division, in the form of a low level fence (600mm high) or a similar structure, to be maintained between the play spaces provided for children under the age of two years, and children over the age of two years to ensure that younger children have access to adequate spaces.	No children under the age of 2 will be on the premises.
	· a rainwater tank (minimum capacity of 2,000 litres) must be installed on site. The rainwater tank must be plumbed for toilet flushing, laundry and irrigation purposes.	Existing building.
	· outdoor play spaces are to be adequately shaded in accordance with Shade for Child Care Services published by the NSW Cancer Council and NSW Health Department. Physical or natural shading devices are to provide sun protection to children and be integrated into the design of the building and the outdoor area.	Adequate shade provided.
	· plantings 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 (refer to section 2.8).	Existing.
	· storage facilities for outdoor play equipment must be provided. This storage may be part of the main building or a separate structure sited in the outdoor play space.	Existing building.
	· Outdoor storage areas must not be accessible to unsupervised children	Existing building.
	*Children’s Services Regulations 2004* *(Note: this legislation has been repealed)*
	· A minimum of 7m² of useable outdoor play space per child that is exclusively for the use of children is to be provided.*	Required: 420 m². 7x 60 children Provided: 535 m2 of unencumbered outdoor play space.
	· The outdoor play spaces are to be adequately shaded in accordance with Shade for Child Care Services published by the NSW Cancer Council and NSW Health Department. Physical shading devices are to provide sun protection to children and be integrated into the design of the building and the outdoor areas.	Adequate shade provided.
2.6 Acoustic Impacts
Controls
	Design to minimise noise and loss of privacy by:
(i)	locating windows offset or in different positions relative to the location of windows in neighbouring properties;	Existing building.
(ii)	positioning outdoor play areas away from main living area or bedroom windows of any adjoining dwelling;	Existing building.
(iii)	using solid screen fencing and landscaping as noise/privacy control measures;	Existing building.
(vi)	erecting acoustic barriers as a noise buffer to external noise sources from surrounding land uses and incorporating passive design considerations within the building to minimise noise intrusion;	Existing building
(v)	installing double glazing or use of glass blocks/obscure fixed glazing/highlight windows (for light penetration and to maintain privacy – (not suitable where natural ventilation is also required);	Existing building.
(vii)	an Acoustic Report prepared by a suitably qualified acoustical consultant must be submitted with development application, describing and assessing the impact of likely noise emissions from the proposal. The investigation shall include but not be limited to the following: · identification of sensitive noise receivers potentially impacted by the proposal; · quantification of the existing acoustic environment at the receiver locations (measurement techniques and assessment period should be fully justified and · in accordance with relevant Australian Standards and NSW EPA requirements); · formulation of suitable assessment criteria; · details of any acoustic control measures that will be incorporated into the proposal; · identification of noise that is likely to emanate from the Child Care Centre and the subsequent prediction of resultant noise at the identified sensitive receiver locations from the operation of the premises; · a statement certifying that the development is capable of operating without causing a nuisance; · a statement that noise arising from within the premises shall not result in an ‘offensive noise’ (as defined in the Protection of the Environment Operations Act, 1997) at any adjoining residential premises.	An Acoustic Report prepared by Wood and Grieve Engineers has been submitted which addresses these criteria.
2.7 Accessibility
Controls
(a)	All new Child Care Centres (or building conversions or additions to existing premises) shall comply with the minimum access requirements contained specified in Part C1 of Ashfield DCP 2007 – Access Adaptability and Mobility, the Building Code of Australia & Australian Standard (AS) 1428 – Design for Access and Mobility. This requires a continuous path of travel to and within the building. All key areas of the site must be linked by pathways that are accessible to prams, wheelchairs and the like.	Existing building.
(b)	Child care centres must be located on the ground floor of the building that they occupy.	Single storey building.
2.8 Landscaping
Controls
(a)	Landscaping of new child care centres shall be designed to minimise the visual impact of the building on the streetscape, minimise run-off, provide shade for children and maximise privacy for neighbours.	Suitable landscaping provided.
(b)	The landscape design of the child care centre shall reflect the prevailing landscape character of the area and should relate to existing streetscapes in terms of scale and planting style.	The landscaping is respectful of the heritage values of the conservation area.
(c)	No area within the child care centre may contain plant species that are characteristic of the following: · plants known to be poisonous or that produce toxins; · plants with high allergen properties; · plants with thorns, or spiky or prickly foliage; or · any plant species that Council considers may place the health, safety and welfare of the centres users at risk.	Plants suitably selected.
(d)	Notwithstanding any other control contained within this Part, significant existing landscaping features, such as canopy trees, are to be retained.	All significant trees are to be retained.
2.9 Traffic, Parking and Access
Controls
(a)	The number and design of on-site car spaces and access ways shall be in accordance with Part C11. A temporary pick-up and drop-off area incorporating a passing bay is to be provided on site so that vehicles can enter or leave the site moving in a forward direction without conflicting with other traffic/parking movements. Note: The basic off-street parking requirement at the time of adoption of this Part was 1 space per 4 children - this figure includes staff parking. A Traffic and Parking Assessment Report, which also addresses traffic safety issues, is req	See assessment by Council’s traffic engineer.
(b)	The centre, pedestrian access and children’s play areas are to be separated by safety fencing and minimum 2 self-locking gates/barriers from the road and from parking and vehicle access areas.	Satisfactory separation provided.
(c)	Long stay staff parking must be separate from short stay, visitor parking. Both must be provided in a convenient location, allowing safe movement of children to and from the centre.	See assessment by Council’s traffic engineer.
(d)	Children with parents/carers should not walk and be exposed to interact with movement of vehicles within a car park. Separate pedestrian paths (minimum 1.2 metres in width) should be provided, identified and located to allow safe movement of children with parent/carers to and from vehicles within the short stay visitor parking areas. These pedestrian paths should not form part of any vehicle aisle movement areas or car parking spaces.	No vehicle interaction necessary.
(e)	Ramps and lifts should be provided where necessary along pedestrian paths and in any basement car parks where required to allow access to the centre by mothers with prams and for people with disabilities.	Ramps provided where necessary.
(f)	Parking spaces for people with disabilities must be provided near the entrance to the Centre.	One accessible parking space is provided in Bland Street.
(g)	Access should be provided for goods deliveries separated from areas used by staff and parents	There is space on site for the loading and unloading of goods.
2.10 Operational Aspects
Controls
	A Centre Plan of Management is to be submitted with each development application for a Child Care Centre (including new and existing Child Care Centres) to ensure that the proposed premises will operate in a manner that maintains a high level of amenity. An appropriate form of centre management with responsibility for the operation, administration, cleanliness and fire safety of the premises, including compliance with the Centre Plan of Management and an Emergency. Management and Evacuation Plan must be provided for the premises. The Centre Plan of Management shall address the following as a minimum:
	· Maintenance and fire safety in the building;	Existing.
	· A schedule indicating compliance with the accommodation standards and outdoor play area requirements of the Children’s Services Regulation.	Addressed.
	· Measures to minimise unreasonable impact to the habitable areas of adjoining premises;	Addressed.
	· Proposed staffing arrangements, including location and contact details of the centre manager;	Addressed.
	· Prominent display of appropriate rules re. visitor policy, operating hours of outdoor play areas;	Addressed.
	· Waste minimisation and recycling;	Addressed.
	· Professional cleaning details (as minimum facilities such as kitchens and toilet areas must be cleaned to a professional standard at daily.	Addressed.
	· Provision of safety and security measures - this may include but not be limited to such things as: internal signage indicating the centre manager and contact number, emergency contact numbers for essential services such as fire, ambulance, police, and utilities such as gas, electricity, plumbing, installation of perimeter lighting, appropriate fencing and security gates, keys for security entrance doors be made available to essential services such as fire brigade in case of emergency.	Addressed.
2.11 Waste
Controls
	Waste and recycling facilities on the premises shall be provided in accordance with the requirements of Part D1 of Ashfield DCP 2007 - Waste Minimisation, and the specific requirements of any other Part of this DCP applicable to the development.	Existing facilities.
2.12 Fire Safety
Controls
(a)	A copy of the annual fire safety statement and current fire safety schedule for the premises must be prominently displayed in the Child Care Centre entry/reception area.	Addressed.
(b)	A floor plan must be permanently fixed to the inside of the door of each room to indicate the available emergency egress routes from the respective rooms.	Addressed.
(c)	Prior to releasing an occupation certificate for the building, an Emergency Management and Evacuation Plan must be prepared for the building and approved by the Principal Certifying Authority. Staff shall be trained in relation to the operation of the approved Emergency Management and Evacuation Plan.	Addressed.
(d)	Premises must provide annual certification for the following: · Essential fire safety measures to comply with the Environmental Planning and Assessment Regulation 2000 · Compliance with the Centre Plan of Management approved for the premises; and, · Compliance with Emergency Management and Evacuation Plans required by the Building Code of Australia.	Addressed.

Part C11 of Ashfield DCP

One car space is required per 4 children. There will be 60 children on the premises therefore 15 car spaces are required onsite.

One space is required for a bicycle /motorcycle per 4 employees.

There will be 9 employees therefore 2 bicycle spaces are required.

There is adequate space to accommodate the additional parking spaces and as such conditions will be imposed to require the above parking on the site.

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

Not applicable.

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

These matters have been considered as part of the assessment of the development application. It is considered that the proposed alterations will have no significant adverse environmental impacts in 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, occupants, and Councillors from 22 October 2012 until 14 November 2012. Notification was checked during site inspection and was acceptable.

7.7.1 Summary of submissions

Two submissions were received during the notification period.

Submissions from: Barbara Casey

John and Sandra Mills, 81 Bland Street Ashfield

Issues raised by objectors:

· Loss of amenity by traffic and parking problems:

Officer Comment:

There is an existing car park and a drop off area on the site accessed from Alt Street. A condition will also be imposed to provide 15 car spaces on the site to minimise the need to use on-street parking.

A traffic and parking report prepared by Stephen Read Engineer has been submitted with the application. The report states that there will be an additional 13 car trips between 9.15am to 9.45am and 14 car trips between 3.30pm to 4.30pm as a result of the increase in children attending the preschool. The additional car trips will be outside peak traffic hours.

It is considered that the increase in traffic and parking generated by the development will be minimal and not have an excessive impact on the amenity of properties in the area.

· Increase noise:

Officer Comment:

A Plan of Management (POM) has been submitted with the section 96 application. The POM states that the number of children in the outdoor area will not exceed 40(as existing) at any time to keep noise level to a minimum.

The traffic report submitted with the application states that there will be an increase of between 5 to 9 vehicles per hour in Alt and Bland Street respectively.

The additional traffic generated is outside peak traffic periods and is not considered excessive.

The section 96 application does not seek to increase the approved hours of operation of the pre-school which are 8am to 4pm Monday to Friday.

· There are child care facilities nearby in the Infants Home in Henry Street Ashfield.

Officer Comment:

This is acknowledged, however, it is not a relevant planning consideration in the assessment of the proposal.

· The construction of a modern building will detract from the general appearance of the area and the historic church grounds.

Officer Comment:

The section 96 application does not involve any building work.

· Adverse impact on the graveyard by increase number of people using the church grounds.

Officer Comment:

There are paved walkways to the pre-school on the grounds. People going to the pre-school do not need to walk through the graveyard.

· Building work would have an adverse affect on the grey gum trees on the grounds.

Officer Comment:

The section 96 application does not involve any building work.

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

Traffic Engineer – No objection subject to conditions See Attachment 3.

Heritage Adviser - No objection to the application. See Attachment 4.

9.0 OTHER RELEVANT MATTERS

Not applicable.

10.0 BUILDING CODE OF AUSTRALIA (BCA)

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

11.0 CONCLUSION

The application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 as amended with all matters specified under Section 79C (1) Clauses (a) to (e) and Section 96(1A) have been taken into consideration. The proposal is considered to be acceptable and is therefore recommended for approval.

ATTACHMENTS

Attachment 1 View	Locality Map	1 Page
Attachment 2 View	Plans of Proposal	7 Pages
Attachment 3 View	Traffic Engineer's Report	2 Pages
Attachment 4 View	Heritage Advice	1 Page
Attachment 5 View	Submissions	3 Pages

RECOMMENDATION

Development Application No. 2000.386 for demolition of a preschool and construction of a new preschool at 64 Bland Street Ashfield be modified in accordance with section 96(1A) of the Environmental Planning and Assessment Act 1979 as follows:

The following conditions be added:

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 1107-S96 01A-02A-03A-04A-05A-06A prepared by and date stamped by Council 28 September 2012 and any supporting documentation received with the application except as amended by the conditions specified hereunder.

(25) Number of children attending the preschool.

The maximum number of children attending the preschool at any one time shall be sixty (60).

(26) Number of employees

The number of employees on the preschool premises at any one time shall not exceed nine (9).

(27) Car Parking on site.

There shall be at least 15 car spaces provided on site for the exclusive use of the preschool.

(28) Bicycle parking

Two lockable bicycle spaces are required to be provided on site for the exclusive use of the preschool.

(29) Drop off area on site.

There shall be a drop off area provided on the site off the loop road accessed from Alt Street for the exclusive use of the preschool.

(30) Number of children in outdoor area.

The number of children in the outdoor area at any one time shall not exceed 40.

(31 Motorcycle Parking

Two motorcycle parking spaces shall be provided on the site.

(32) Parking spaces and the drop off area to be clearly identified by signage.

All parking spaces and the drop off area for vehicles including motorcycles and bicycles shall be clearly identified by signage.

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

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

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 27 November 2012 CM10.4

Subject DEVELOPMENT APPLICATION: 10.2012.195.1
1-5 HAWTHORNE PARADE HABERFIELD

File Ref DA 10.2012.195.1

Prepared by Haroula Michael - Development Assessment Officer

Reasons Matter requires Council determination

Objective For Council to determine the application

Overview of Report

1.0 Description of Proposal

Pursuant to Clause 78A(1) of the Environmental Planning and Assessment (EP&A) Act 1979 (as amended) this application seeks Council’s consent for alterations and addition to an existing motor showroom including the addition of a mezzanine level, and use as a motor show room.

Plans of the proposal are included at Attachment 1.

2.0 Summary Recommendation

The subject property is currently being used for the storage and the detailing of vehicles (as per Permit Number 94/305 approved by Council on 16 December 1994). Under the Ashfield Local Environmental Pan 1985 motor show rooms are not permissible within a 2(a)-Residential Zone. However, the premises is reliant upon existing use rights provisions pursuant to the Environmental Planning and Assessment Act.

The Draft LEP zoning map has identified the site within the B6 Enterprise zone, which would permit the intended use and would be defined as a –“Vehicle sales or hire premises” under the Standard Instrument (Local Environmental Plans) Order 2006.

The bulk and scale of the proposed building is considered to be acceptable given its separation from the low-scale residential buildings to the north, the site’s location in relation to other business zones and a motor show room being located to the west of the site.

The development is recommended for conditional approval.

Background

A letter was sent to the applicant with the request for additional information as summarised below:-

1. Details of the proposed Lux for the external lighting;

2. Deficiency of one car parking space. The Ashfield Development Control Plan 2007 (ADCP) requires a minimum of 12 car spaces where as the proposal provided 11 car spaces;

Deficient in one lockable bicycle space for employees as required under Part C11 of the ADCP;

3. Clarification to accessibility for persons with a disability between the basement, ground level and mezzanine;

4. Elevation diagrams are to be provided of the proposed new palisade fence and gates;

5. Colour details are to be provided of the existing fence wall located along the northern side of the site; and

6. Clarification as to whether car detailing will be continued on the site.

The applicant addressed the above points as follows:-

1. A car park lighting schedule and summary plan has been provided. It indicates that the vertical luminance with all the flood lights switched on is 6.7 lux.

2. The plans have been amended to include 12 car spaces as required by Part C11 of the ADCP;

The plans have been amended to include a lockable bicycle space for employees which is to be located within the basement;

3. An alternate solution from an accessibility consultant was provided to address access from the basement to the ground level. Refer to part 7.3 of this report for further details;

4. Elevation diagrams of the palisade fence have been included on drawing number DA200 Rev 3;

5. The fence wall along the northern boundary will be painted Dulux “Vivid White”; and

6. The applicant has confirmed that the car detailing in the basement shall cease and will become vehicle storage. The existing overhead extractor fan will be decommissioned and removed during the proposed building works.

3.0 Application Details

Applicant : Jennifer Preston

Owner : Arm Corporate Pty Ltd

Value of work : $637,000.00

Lot/DP : LOT: 10 DP: 848738

Date lodged : 04/10/2012

Date of last amendment : 12 November 2012*

Building classification : 5, 6, 7a and 7b

Application Type : Integrated

Construction Certificate : No

Section 94A Levy : Yes

*Amended plans provided as a result of Council’s letter.

4.0 Site and Surrounding Development

The subject site is located on the eastern side of Hawthorne Parade, bounded by Parramatta Road to the south. The site area is approximately 1561 square metres. An existing single storey motor showroom with basement car detailing level is located on the site. Surrounding development comprises commercial, retail and car-related businesses dominate Parramatta Road. Single dwelling houses primarily exist north of the site within the Haberfield Heritage Conservation Area.

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
6.1995.118	10/5/1995	Installation of Illuminated Signs	Approved
5.1995.73	11/4/1995	Installation of Subaru signage (pylon/flush wall)	Approved
5.1994.305	16/12/1994	Used motor vehicle sales, storage and detailing	Approved
6.1992.168	13/7/1992	New showroom	Approved
6.1987.83	10/4/1987	Security fence	Approved
6.1971.7989	20/4/1971	Addition to car showroom	Approved
6.1969.7203	3/6/1969	Car sales yard and showroom	Approved
DA 90/299	14/12/1990	Use of part of the existing building as an office in association with ‘tow truck’ business	Approved
DA991	20/5/1969	Establish a second hand car sales yard on properties 1, 3 and 5 Hawthorne Parade	Approved
DA92/33	3/3/1992	Use of the existing building on site including basement for the storage and sale of furniture	Approved
DA92/103	23/4/1992	Single storey extension to existing building on site to provide one extra furniture room	Approved
DA52/81	1/9/1981	Use of the existing buildings and the extension for the retail sale of household furniture	Approved
DA 952	5/11/1968	Establishment of a car sales yard with showroom and amenities on the properties 1, 3 and 5 Hawthorne Parade	Approved

NO.	DATE	PROPOSAL	DECISION
Unknown	18/12/1968	Erect a takeaway food service shop	Refused
Unknown	22/1/1952	Erect a service station	Refused
Unknown	27/2/1951	Erect a service station	Refused
Unknown	3/5/1955	Erect a service station	Refused

The subject site has a long history of previous approvals as car sales yard and motor show rooms. Previous consents are relevant to the current proposal as they are evidence of the existing use rights of the property.

In 1992 approval was granted for the use of the building for the sale of furniture and storage in the basement. This then followed with consent for the sale, storage and detailing of vehicles in 1994 (Consent Number 5.1994.305), which is relevant to the submitted application as it indicates that the site is currently being used for the storage and car detailing.

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 the Haberfield heritage conservation area and in the vicinity of a heritage item identified as ‘Battle Bridge’.

· The property enjoys existing use rights. Refer to part 5.0 of this report for details.

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 Model Provisions adopted by the Ashfield LEP define a motor showroom as a “building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed therein or thereon”. The subject property is zoned 2(a)-Residential and the proposed use is not permissible under Table 10 of the Ashfield LEP, however, the use may be considered under the ‘existing use’ right provisions of the Environmental Planning & Assessment Act 1979.

The servicing of vehicles (a car repair station) is not proposed for the site as part of this application.

Clause 17(2) and its associated table outline a maximum floor space ratio (FSR) of 0.75:1 for the 2(a), where not in a heritage conservation area. The proposal satisfies this development standard, providing a FSR of 0.63:1 (based on gross floor area of approximately 989.725m²).

Specific design requirements for motor showrooms are further detailed in Clause 21 of the Plan. A table detailing the development’s level of compliance with these controls is outlined below:

Control	Complies (Yes/No)	Details of compliance
Clause 21(a) – Vehicular access provided by non-classified road.	Yes	Vehicular access provided off Hawthorne Parade
Clause 21(b) – Site area not less than 1,000m².	Yes	The premises have a site area of 1,561m².
Clause 21(c) – The allotment has a frontage to any road of not less than 30m	Yes	The Parramatta Road frontage is 44.03m and the Hawthorne Parade frontage is 25.005m. The Parramatta Road frontage meets the minimum requirements.
Clause 21(d) – The layout and placement of vehicles on a corner allotment must not obscure the vision of drivers at the intersection.	Yes	Council’s Traffic Engineer has not raised an objection to the proposal on safety grounds.

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

A contamination report was not provided with the application, however, to ensure the site is not contaminated a site assessment report is required to be carried out prior to the issue of a construction certificate. The request for a preliminary site assessment report forms part of the conditions of consent.

State Environmental Planning Policy No. 64 – Advertising and Signage

The proposal does not seek approval for advertising or signage as part of this application. Any future advertising structures or signage will require the lodgement of a separate development application.

State Environmental Planning Policy (Infrastructure) 2007

Division 15-Railways

85 Development immediately adjacent to rail corridors

“(1) This clause applies to development on land that is in or immediately adjacent to a rail corridor, if the development”:

“(b) involves the placing of a metal finish on a structure and the rail corridor concerned is used by electric trains”

The application was referred to RailCorp (Rail Corridor Management Group) as the building facade will have an aluminium cladding and the roof is proposed as metal sheets.

A written response has not been received from the Rail Corridor Management Group (RCMG) to date. However, in discussions that took place with an officer from the RCMG no objections were raised to the proposal.

The RCMG also indicated that they referred the proposal to Transport NSW as the subject site is in close proximity to the proposed light rail corridor. Whilst no comment was received by Transport NSW, the officer from RCMG advised that it was reasonable to conclude that Transport NSW had no issues with the proposal.

Division 17 Roads and Traffic

104 Traffic-generating development

“(1) This clause applies to development specified in Column 1 of the Table to Schedule 3 that involves:

(b) an enlargement or extension of existing premises, being an alteration or addition of the relevant size or capacity”.

“(3) Before determining a development application for development to which this clause applies, the consent authority must”:

“ (b) take into consideration:

“(i) any submission that the RTA provides in response to that notice within 21 days after the notice was given (unless, before the 21 days have passed, the RTA advises that it will not be making a submission)”

A referral was sent to the Roads and Maritime Services (RMS) on the 25 October 2012 - the referral authority have 21 days to respond. The 21 days have since lapsed and no response has been received (an email and numerous messages were left with the RMS requesting their comments).

As a written response has not been received, Council is entitled to conclude that no objections are raised by the RMS in relation to 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.

Draft Ashfield Local Environmental Plan 2012 (Draft ALEP 2012) was placed on public exhibition on 27 June 2012 and is a matter for consideration. The following table summarises the compliance of the application.

Draft Ashfield Local Environmental Plan 2012 Summary Compliance Table
Clause No.	Clause	Standard	Proposed	Compliance
2.2	Zoning	Zone B6 Enterprise Corridor	Motor show room (Vehicle sales or hire premises)	Yes
4.1	Minimum subdivision lot size	N/A	1561m² existing site area to be retained	N/A
4.3	Height of buildings	10m	10.3m-11.1m eastern side 6.490m western side	No Yes
4.4	Floor space ratio	1.5:1	0.634:1	Yes
5.10	Heritage Conservation	Located in the vicinity of the: · Haberfield Heritage Conservation Area (C42) · ‘Battle Bridge’ - Heritage Item (1445)
5.10(4)	Effect on heritage significance	The consent authority may, before granting consent to any development: (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.	Council's Heritage Adviser did not raise any objections to the proposal and it is not expected to detract from the character or significance of the adjacent heritage conservation area or heritage item in the vicinity of the subject site.	Yes
6.1(2)	Development in the Haberfield Heritage Conservation Area	Development consent must not be granted to development for the purposes of a dwelling house on land to which this clause applies.	The subject site is not within the Haberfield Heritage Conservation Area	N/A

The proposal generally complies with the requirements of the Draft LEP with the exception of the building height requirement. The draft LEP indicates that a maximum building height of 10 metres applies to the site. The building will result in a building height of 10.3m-11.1m along the eastern side as the existing building.

Whilst the proposal exceeds the height limit, in this instance it is considered to be appropriate for the following reasons:

· The proposal seeks to increase the existing building height to the eastern side by 1500mm in order to provide a useable area internally for the mezzanine level;

· The site has fall towards the stormwater canal with a drop of 3-4 metres from the highest point on the site;

· When viewed from Hawthorne Parade the building is a one and a half storey building; and

· The section of building which is non-compliant with the building height faces the rear of the site towards the canal.

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	Refer to comments below.
C2	ADVERTISEMENTS AND ADVERTISING STRUCTURES	The proposal does not seek consent for any advertisements or advertising structures. A condition has been included in the recommendation requiring a development application to be lodged for any advertising structures and/or advertisements.
C7	HABERFIELD HERITAGE CONSERVATION AREA	Not applicable. The subject site is not within the Haberfield Heritage Conservation Area.
C10	HERITAGE CONSERVATION	Not applicable. The subject site is not within a Heritage Conservation Area.
C11	PARKING	Refer to comments below:
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 and 7.7.1 of this report for details.
C15	HOUSES & DUAL OCCUPANCIES	Whilst the subject site is located within a 2(a) Residential Zone the Houses and Dual Occupancies DCP does not apply to motor showrooms. The development’s impacts on the dwelling house at 7 Hawthorne Parade has been considered against this DCP and is not considered significant.
D1	PLANNING FOR LESS WASTE	A waste management plan has been provided in accordance with this part.

Part C1 Access and Mobility:

Section 4 Non-Residential Development:

Clause 4.1

The areas required to be accessible and adaptive are:

“To and within all the areas or facilities of the building where there is a reasonable expectation of access by any owner, occupier, employee or visitor. This must at least consist of the entrance floor and any other floor to which vertical access by way of a ramp, step ramp or kerb ramp in accordance with AS1428.1 or passenger lift is provided. It does not include service/plant areas”.

The proposal provides access into the ground floor (entrance level) and also proposes facilities to this level to be accessible as per AS1428.1.

To reinforce access requirements a condition has been included in the recommendation to ensure compliance with the Access and Mobility DCP, the Building Code of Australia (BCA) and AS 1428.1.

Part C11 Parking:

Table 2 of the Parking DCP requires a (lockable) bicycle parking space at the rate of 1 per 5 employees. The proposal would require one (1) lockable bicycle space for employees. The proposal was amended to provide one lockable bicycle space in the basement area.

Motorcycle parking is not required as the site does not require 25 or more parking spaces.

Table 3 of the Parking DCP recommends the provision of 0.75 spaces per 100m² of site area and six (6) spaces per service bay. Given the site area of 1561m² the site requires a total of 11.7 (rounded up) twelve (12) onsite spaces. The eleven car spaces originally proposed have been increased to twelve spaces through the submission of amended plans.

Council’s Traffic Engineer has raised no objection to the number of parking spaces to be provided onsite.

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

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

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

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

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

The proposal is for the alterations and additions to an existing motor showroom including the addition of mezzanine level and use as a motor show room:

Proposed hours of operation:

Monday – Friday 7:30am to 5:30pm

Saturday & Sunday, 9:00am to 5:00pm

Staff

There is seven (7) staff members proposed.

Lighting

The existing light poles that are located within the subject property are being replaced. A car park lighting schedule and summary plan has been provided. It indicates that the vertical luminance with all the flood lights switched on is 6.7 lux. A general condition has been included to prevent light overspill on to adjoining properties.

Loading/unloading

The loading/unloading of vehicles is to be conducted onsite at all times and during the approved operating hours. A condition of consent reinforces this arrangement. A further condition requires the use of a two vehicle trailer for the loading or unloading of vehicles to ensure the amenity of the adjoining neighbours is maintained.

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, the Haberfield Association and Councillors from 16 October 2012 until 9 November 2012.

7.7.1 Summary of submissions

One submission (Attachment 3) was received during the notification of the development application:

Submissions

S Cox and S Ferguson

9 Hawthorne Parade

HABERFIELD NSW 2045

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

“...greater congestion in our street due to the opening of Euro Drive. This is due to staff and customers parking in our street-customers seem reluctant to park on the lot as they have to back out as mostly the other exit is blocked by display vehicles. Weekends are especially congested”.

The above statement relates to the ‘Euro Drive’ centre located at 1 Parramatta Road and any breaches of this consent would need to be investigated separately.

The proposal seeks to provide onsite parking in accordance with Council’s parking development control plan.

“...vehicle transport trucks unloading and reloading sometimes twice a day, week days and weekends. It is a particularly dangerous corner as cars enter Hawthorne Parade from Parramatta Road at high speed, which makes it very dangerous trying to back out of our driveway with no view of Parramatta Road and cars having to swing wide to get around the truck”.

The unloading or loading of vehicles is to be carried out onsite. A condition has been included to reinforce this arrangement.

“We are concerned with the use of the basement area. Presently it is being used by a car detailing company and we had to appeal to Ashfield Council as the constant loud humming noise that came from their overhead extractor fan was intrusive”. ...it seems like the fan has now been turned off; however if the basement is to be used by the car yard we are fearful it will be tuned on again”.

The basement area is nominated as a storage area for vehicles. The applicant has confirmed that the car detailing activity in the basement will cease and that the existing overhead extractor fan will be decommissioned and removed during the proposed building works.

“We are about to experience greater noise, congestion and loss of privacy with the extension of the light rail; the station is to be built directly behind our property. With AMR opening up to full capacity I can’t see that our street will be able to support such an influx of traffic. I know Council has proposed that two hour parking be introduced to our streets, but this is really no benefit to residents or their guests”.

The subject site has been previously granted consent as a motor show room and for the storage and detailing of vehicles. The subject development application is for alterations and additions to the existing motor show room and is of a scale and intensity which is considered acceptable.

As stated above, the proposal seeks to provide onsite parking in accordance with Council’s parking development control plan. The proposal was also referred to Council’s traffic engineer for comments who raised no objections to the proposal.

“Our property value will definitely suffer with this development”.

There is no evidence provided to suggest that the development will de-value the properties within the vicinity of the subject site.

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 issues raised to the proposed works.

Comments from Council’s Heritage Adviser are included at Attachment 4.

Building: An issue was raised that an alternate solution for the travel distances not achieved under the Deemed to Satisfy Provisions of the BCA for the mezzanine level - an advisory note has been incorporated in the conditions of consent. Conditions have also been provided to be imposed on the consent should the application be approved.

Stormwater Engineer: No objections, subject to conditions.

Traffic: No objections, subject to conditions.

Environmental Health: No objections, subjection to conditions.

8.2 External

NSW Office of Water

The NSW Office of Water has stated the “development application is exempt from requiring a CAA due to concrete channel”.

Roads and Maritime Services

Refer to part 7.1.3 of this report.

RailCorp

Refer to part 7.1.3 of this report.

9.0 Other Relevant Matters

Section 94A Contribution Plan

Based on the estimated value-of-works of $637,000.00 a Section 94A Contribution fee of $6,370.00 would be payable to Council should the application be approved.

Stormwater Pipes

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

Existing Use Rights

The subject site is located within the 2(a)-Residential zone, which would generally prohibit the use of the property as a motor showroom. However, Council previously granted consent for the “the sale of used vehicles and the storage of used vehicles and detailing of vehicles” (see Attachment 5). This consent, DA: 5.1994.305.1, was issued 16 December 1994 and it appears that the site is being used for the detailing of vehicles and for the storage of vehicles. In accordance with Clause 109(3) of the EP&A Act the existing use is considered to be valid as the use is still current.

The proposed use as a motor show room is comparable to the previously approved use. The previous consent approved operating hours of 8:00am to 5:00pm Monday to Sunday. The hours proposed with this application are similar to the past approval, with the hours of 7:30am to 5:30pm proposed Monday to Friday and 9.00am to 5.00pm Saturday and Sunday. These hours are considered acceptable given the proposed use of the premises.

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 recommended for conditional approval.

ATTACHMENTS

Attachment 1 View	Plans of Proposal	12 Pages
Attachment 2 View	Locality Map	1 Page
Attachment 3 View	Submissions	1 Page
Attachment 4 View	Heritage Advice	2 Pages
Attachment 5 View	Development Consent 5.1994.305	3 Pages
Attachment 6 View	Conditions	10 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. 10.2012.195.1 for alterations and addition to an existing motor showroom including the addition of a mezzanine level, and use as a motor show room on Lot 10 in DP: 848738, known as 1-5 Hawthorne Parade, Haberfield subject to conditions.

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

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

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.

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

(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.

Site Area = 1561sqm

Proposed FSR = 989.725sqm (0.634:1)

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 –

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

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

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

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

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

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

Not applicable.

CLAUSE 17B

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

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

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

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

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

(a) the scale and character of the streetscape,

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

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

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

Not applicable.

CLAUSE 18

Development for the purpose of advertisements

Not applicable.

CLAUSE 20

Clubs

Not applicable.

CLAUSE 21

Motor showrooms

Site Area = 1561sqm

Road frontage = 44.03m (Parramatta Road)

Complies. Access is available to the proposed development from Hawthorne Parade this is not a county or main road.

Complies.

The proposed development will not affect the vision of drivers.

Refer to part 7.1.1 of this report for further details.

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

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

It is considered that the carrying out of the proposed development will not have an adverse impact upon the heritage significance of the Haberfield Heritage Conservation 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

(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.

5(2) – Car impacts

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

b) adequate car-parking

c) compliance with RTA representations

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

The proposal was referred to Councils Traffic engineer, who raised no objections to the proposal. The proposal was also referred to the Roads and Maritime Services - no comments were received.

12 – Land used for commercial or industrial purposes

Consent has been sought for the sale of motor vehicles. The proposal does not seek to store or sell outside the subject site.

13 – Off street loading, facilities, etc.

All loading and unloading is to be conducted on site and this shall be confirmed with a condition of consent.

22- Motor showrooms

Complies. The subject site has access to a road other than a main road being Hawthorne Parade and Council’s Traffic Engineer has not raised an objection to the proposal on safety grounds.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 27 November 2012 CM10.5

Subject DEVELOPMENT APPLICATION: 10.2012.209.1
110 RAMSAY STREET HABERFIELD

File Ref DA 10.2012.209.1

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 undertake alterations & additions to the existing building for use as a child care centre for 41 children.

The proposal involves the following:

· Additions to the building:

o A new covered terrace to the north-west side;

o A new rear room to accommodate 25 children aged 3-5;

· Internal alterations providing:

o Children’s WC facilities:

o Nappy change areas;

o Room to accommodate 16 children aged 2-3;

o Staff kitchen;

o Staff bathroom;

o Laundry/cleaner;

o Office;

o Foyer;

· External alterations including:

o Car parking for 6 cars including one disabled space;

o Storage shed;

o Garbage bin storage; and

o Landscaping including children’s play areas.

· No. Of Children:

o 16 x 2-3 years

o 25 x 3-5 years

o TOTAL: 41

· Staff:

o 2 staff (1 per 8 children) for the 2-3 age group

o 3 staff (1 per 10 children) for the 3-5 age group

· Hours of Operation:

o Monday – Friday: 7am – 6pm

Plans of the proposal are included at Attachment 1.

2.0 Summary Recommendation

The proposed child care centre is consistent with the provisions of Ashfield LEP 1985 and, except for two non-compliances, it generally satisfies the requirements of Part C19, Child Care Centres, of Ashfield DCP 2007. In addition, partly by virtue of its siting between Federation Place Park and a commercial building in the Haberfield Town Centre, it has minimal impacts upon residential properties.

The applicant has passed through the Pre-DA process and responded to the issues raised.

The proposal fails, however, to provide the minimum parking requirement of Part C11 of Ashfield DCP with a shortfall of four parking spaces. An assessment by Council’s traffic engineer has concluded that there is sufficient capacity on-street and within nearby public car parking areas to cater for this deficit, bearing in mind the village centre location and proximity to public transport.

Given these considerations, the development is considered acceptable and is recommended for conditional approval.

Background

3.0 Application Details

Applicant : My Stepping Stones ELC 2 PTY LTD

Owner : Mrs N Blancato

Value of work : $350,000

Lot/DP : LOT: 1 DP: 588626

Date lodged : 15/10/2012

Building classification : 9b

Application Type : Local

Construction Certificate : No

Section 94A Levy : Yes

4.0 Site and Surrounding Development

The subject site is located on the south-western side of Ramsay Street, bounded by Gillies Avenue to the north-west and Dalhousie Street to the south-east. The site area is approximately 836.22 square metres. An existing single storey dwelling house is located on the site.

The site is located adjacent to Federation Place park and also directly adjacent to Haberfield’s primary retail and commercial centre. Low density residential development adjoins the site to its rear. Also adjoining the site to the rear is another child care centre located at 5 Winchcombe Avenue.

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
486/1965	02.02.1965	Conversion of the existing residence into three residential flats.	Approved
6.1967.6584	14.12.1967	External laundry	Approved
1863/1978	06.06.1978	Demolition of the existing dwelling and the erection of a new building with the ground floor section to be used as a retail liquor store and the first floor as offices.	Approved
10.2000.18	08.03.2000	Replacement Of Metal Roof Sheeting To Rear Of Existing	Approved
10.2005.282.1	22.03.2006	Home occupation, signage and painting	Approved
10.2009.52.1	25.05.2009	Alterations & additions for use as restaurant	Approved
10.2012.79.1	24.07.2012	Alterations & additions for use as child care centre	Approved

In 1965, Council has granted an approval for the property to be converted into three flats. A site inspection was carried out on 15/04/2009 as part of the assessment of DA 10.2009.52.1 which revealed that the property has been used for five (5) units; a search of Council’s records, however, indicated that no approval had been granted for the intensification of the use of the property.

In 2009, consent was granted (10.2009.52.1) for use of the site as an 80 seat restaurant with trading from 7am up to 11.30pm seven days a week. This consent, which remains valid, would be for a significantly more intensive use with greater impacts upon nearby residents than the current proposal.

An application for a similar child care centre (DA 10.2012.79.1) by the same applicant was approved by Council on 24 July 2012. Should the subject application be approved, a condition of consent will require the applicant to surrender this consent to Council prior to the issue of any construction certificate. Due to an administrative error, two objections and one petition lodged during the notification period were not considered by the Council in the assessment of this previous application. These submissions are summarised below.

Issue

Submission: D. & Katrina Shephard (Director Ella Childcare Centre),

5 Winchcombe Ave, Haberfield

1. Shortage of parking in the area (Ramsay St, Dalhousie St, Winchcombe Ave & Gillies Ave)

2. Inadequate parking for staff.

3. Inadequate parking provision for drop off and pick up of children which will impact on Ramsay St, Gillies Ave Car Park, and both Gillies and Winchcombe Avenues.

4. Increased traffic in Perri Lane will present a danger to pedestrians including children and the elderly.

Noise impact on 5 Winchcombe Ave

Submission: Uniting Care Children’s Services,

1 Winchcombe Ave, Haberfield

1. Conversion of property from residential to commercial use will result in additional traffic.

2. Use of laneway for commercial vehicles poses a difficulty.

3. Vehicles more likely to strike boundary fence of child care centre at 1 Winchcombe Ave creating a risk to children.

4. Increased traffic due to existence of two child care centres in the one location.

5. Perri Lane does not have a formed kerb and gutter. Increased traffic will create a hazard to pedestrians using this to access Winchcombe Ave.

6. Increased use of the lane would be hazard to pedestrians crossing the lane at Winchcombe Ave.

7. Increased lane traffic will disrupt access to the Ella Community Centre Garage storage located in the lane.

8. The on-site car park may easily be used by parents instead of staff.

9. Increased pressure on Gillies Ave Council Car Park will reduce accessibility for the community to shops.

10. Proposal should fit in with streetscape. The design should also meet and exceed minimum requirements for child care.

11. The outdoor play space offers only minimum requirements.

12. Regulatory compliance could be compromised because the owner of the property is not the operator.

Issue

Petition: Head Petitioner, Katrina Shephard, Director Ella Children’s Centre,

1 Winchcombe Ave, Haberfield

The subject site, although unsuitable for a child care centre at all, would be better suited to a 16 place 0 to 2yo centre where there is a high demand.

Negative impact enrolments at existing child care centre at 1 Winchcombe Avenue.

Traffic hazard to pedestrians crossing footpath at Perri Lane.

Negative impact enrolments at existing child care centre in Rogers Avenue.

Negative impact enrolments at existing child care centre in Mary’s Place.

Negative traffic and noise impact on neighbours.

Additional parking problems in Winchcombe Ave and Ramsay St.

Disrupt traffic flow in Ramsay St at drop off and pick up times.

Hazard created for children and parents in Council’s car park in Gillies Ave.

On 1 November 2012, two of the above objectors, David and Katrina Sheppard, filed a Class 4 appeal with the Land and Environment Court of NSW seeking to have the consent declared void. The matter is pending and listed for callover on 23 November 2012 (after completion of this report). Council has previously considered legal advice in relation to the issue of the validity of this consent.

Assessment

6.0 Zoning/Permissibility/Heritage

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

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

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

The proposed works are permissible with Council consent.

7.0 Section 79C Assessment

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

7.1 The provisions of any Environmental Planning Instrument

7.1.1 Local Environmental Plans

Ashfield Local Environmental Plan 1985 (as amended)

It is considered that the proposal generally 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. No variation of development standards proposed.

State Environmental Planning Policy No. 55 – Remediation of land

The long standing residential use of the site indicates that remediation of the site is not required prior to the carrying out of the proposed development.

State Environmental Planning Policy No. 64 – Advertising and Signage

No advertising or signage is proposed in this application. If any signage is sought, a further development application must be lodged.

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.

Draft Ashfield Local Environmental Plan 2012 (Draft ALEP 2012) was placed on public exhibition on 27 June 2012 and is a matter for consideration.

Draft Ashfield Local Environmental Plan 2012 Principal Development Data Table
Clause No.	Clause	Standard	Proposed	Compliance
2.2	Zoning	Zone B2 Local Centre	Child Care Centre	Yes
4.1	Minimum subdivision lot size	No provisions	836.22m²	N/A
4.3	Height of buildings	10m	6.8m	Yes
4.4	Floor space ratio	1:1	0.26:1	Yes
5.10	Heritage Conservation	Located in: · Haberfield Conservation Area C42
5.10(4)	Effect on heritage significance	The consent authority may, before granting consent to any development: (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.	Satisfactory assessment by Council’s Heritage Adviser.	Yes

As indicated by the above table, the proposal generally complies with the provisions of Draft ALEP 2012.

7.3 The provisions of any Development Control Plan.

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

C1	ACCESS AND MOBILITY	The proposed development has been accompanied by an accessibility report prepared by Mark Relph. The report has been reviewed and the accessibility of the proposed development is considered to be consistent with the requirements of this Part and is considered acceptable.
C7	HABERFIELD HERITAGE CONSERVATION AREA	The proposal is located within the Haberfield Heritage Conservation Area. The application has been reviewed by Council’s heritage adviser and is considered acceptable.
C10	HERITAGE CONSERVATION	Refer to previous comments.
C11	PARKING	Refer to comments below from Council’s traffic engineer.
C12	PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT	The proposal was notified in accordance with the requirements of this part.
C19	CHILD CARE CENTRES	Refer to compliance table below.

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

7.3.2 Ashfield Development Control Plan 2007: Part C11: Parking

The application has been assessed by Council’s traffic engineer in respect of Part C11 – Parking, of Ashfield DEP 2007. His comments follow:

1. There is a short fall of 4 spaces to the development. In this particular situation and location the traffic consultant has demonstrated via survey that there is sufficient capacity on-street to cater for deficit parking to the child care, even in the immediate vicinity. Being in the town centre (with transport option) and whether a discount (credit) can apply over the previous approved land use, this shortfall could be either reduced or acceptably accommodated in the environment.

2. The traffic generation of the development is considered acceptable with minimal impact to the street environment. Traffic would primarily be travelling along Ramsay Street in a desire to park along the frontage and entrance to the child care or dispersed evenly around the side street network.

3. The rear car park be made only for the use of staff parking and should not direct general parent/carers to use this rear car park off a low volume access lane. The only exception is with parent/carers with mobility parking permits eligible to park in the area under management direction.

4. The car park layout design is to adhere to AS 2890.1:2004, AS2890.6:2009 and AS2890.2:2002. The car park is to be marked out and signposted to designate staff parking, disabled parking and loading bay. The shared area zone should also be marked out. No vehicles should be made to stand or park in the shared zone as this area is required for safe and proper access into the child care centre from the rear car park. The area is also required for the turning manoeuvre of vehicles, as all vehicles must enter and exit the car park in a forward direction.

5. Service vehicles should only be limited to small vans given the tight geometry of the car park. The service vehicle should be parked in the designated marked location so as not to interfere with the through passage and turning manoeuvre of the vehicle in the accessible parking zone. It would be preferred that the service-delivery operation be done after hours to avoid interfering with staff parking.

6. It would be recommended that the two northern spaces of the car park be allocated to the last remaining staff parkers. These vehicles can utilise to turn from the vacant staff parking bays, rather than reverse back into the shared area.

The DA in this particular situation is considered acceptable under traffic and parking conditions.

7.3.3 Ashfield Development Control Plan 2007: Part C19: Child Care Centres

The following table summarises the relevant clauses of Part C19 – Child Care Centres, of Ashfield DEP 2007 and the performance of the proposal against them.

Ashfield Development Control Plan 2007 Part C19: Child Care Centres Compliance Table
Clause No.		Requirements	Proposed	Compliance
Section 2: Planning and Design Guidelines
2.1 Location Criteria
Controls
(a)	Locate Child Care Centres in areas where -
	· there is a demand for these facilities and where there is good access to public transport services and recreation opportunities.		The site is located in Haberfield centre which is a location and is well serviced by local buses. Historically, child care centres are a facility in high demand.		Yes
	· in areas which have good vehicular access without unduly affecting traffic flow or parking provision in surrounding streets. Where a new child care centre is to be established in a cul-de-sac or other no-through road, the applicant must clearly demonstrate that there will be no significant impact to residential amenity or vehicular manoeuvrability.		The subject site has good vehicular access off Perri Lane. Access and manoeuvring has been assessed as satisfactory by Council’s traffic engineer.		Yes
(b)	New Child Care Centres proposed on sites adjoining a classified road are not to have vehicular access from that road unless it can be demonstrated that alternative vehicular access to that development is neither practicable nor can be provided by another road.		No vehicular access is proposed from a classified road.		N/A
(b)	The location of a Child Care Centre is to take into consideration any environmental health hazard or risk relevant to the site and/or existing buildings within the site or in the surrounding area, having regard to the following:
	· proximity to Dangerous Goods - new Child Care Centres must not be located within 100m of a dangerous good of a quantity requiring a license to be held under the Dangerous Goods Act 1975 and Regulation as measured from the location of the dangerous good to the nearest point of the subject site.		The Dangerous Goods Act 1975 has been repealed. Despite this, properties located within 100m of the site are generally commercial and low density residential where any industrial storage of dangerous goods does not take place.		Yes
	· existing and potential on and off-site electromagnetic fields (50Hz and radio frequency fields 3KHz – 300GHz); refer to requirement for report at Appendix 2.		The site is not located within 500m of a mobile phone tower or the like.		Yes
	· potentially contaminated land – a preliminary investigation report is required- refer Appendix 2.		The site has a long history of residential use and there is no reason to suspect that it may be contaminated.		Yes
	· lead in painted surfaces, carpets, furnishings and roof void in existing buildings; & asbestos in existing buildings – refer to requirement for report at Appendix 2.		The applicant proposes to refurbish internal elements of the existing building to ensure no lead or asbestos products are present. A Hazardous Materials Report was submitted separately with the application.		Yes
	· proximity to noise sources, odour (and other air pollutants) generating uses and sources; and any other identified environmental health hazard or risk relevant to the site and/or existing buildings within the site - refer Appendix 2.		The part of Ramsay Street adjacent the site in not identified as a Classified Road. The Acoustic Report submitted with the application concludes that the proposal is acceptable subject to recommendations.		Yes
	· do not locate Child Care Centres in close proximity to brothels.		No approved brothels are operating in close proximity to the site.		Yes
2.2 Site Planning
Controls
(a)	A Site Analysis is to be submitted with the application and is to examine and define the development context of the site and its surrounds, in terms of both its local and broader context and how the proposed development will “fit” within this context.		A suitable site analysis has been provided.		Yes
2.3 Building Form and Appearance
Objectives
(a)	Developments including alterations and additions are to maintain consistency with the character of the locality and design objectives contained in the relevant parts of Ashfield Development Control Plan 2007.		The proposal retains the existing Federation dwelling with discrete additions located to the rear only and consequently retains the local streetscape character.		Yes
Controls
(i)	Child Care Centres must comply with the general requirements of Ashfield Local Environmental Plan 1985 and of Ashfield Development Control Plan 2007.		See assessment under Ashfield DCP 2007 above. Does not fully comply, however, has been assessed as satisfactory under the circumstances by Council’s traffic engineer.		No*
2.4 Sustainability, Energy Efficiency & Solar Access
Objectives
	The design of any new building or substantial additions to Child Care Centres should aim to reduce embedded energy in materials, avoid rainforest timbers, maximize natural airflow and minimise reliance on mechanical heating and cooling. Recycling and composting facilities should be provided on site. The design should reflect the site analysis drawings having regard to optimal orientation for both indoor and outdoor play areas.		The proposal has a generally northern orientation for the internal and external play areas with large areas of north facing glazing introduced in the rear addition. Ample openable windows are provided to allow for good cross ventilation. Standard conditions will be imposed to ensure compliance with general ESD requirements.		Yes
Controls
	Refer to Part J of the Building code of Australia- Energy Efficiency applicable to sustainable design of Class 9B buildings and advisory data in Part D2 of Ashfield DCP 2007.		Conditions of consent require the development to comply with the provisions of the BCA.		Yes
2.5 Room sizes, Indoor Recreation Areas and facilities/Outdoor recreational areas and facilities
The Children’s Services Regulation 2004 provides all of the requirements for Child Care Centres that must be satisfied prior to the issuing of a license by DoCS. These requirements include staff-to-children ratios, minimum areas for indoor and outdoor open space and internal amenities. In addition to the requirements of this Part applicants must refer to the Regulations in order to ensure that their proposal fully complies.
Controls – Indoor Areas
(i)	The Child Care Centre must comply with or preferably exceed the indoor space/facility provisions as prescribed by the Children’s Services Regulation 2004 – as below and the provisions of the Building Code of Australia applicable to design of Class 9B buildings.
	Indoor areas A minimum of 3.25m² of unencumbered indoor play space per child that is exclusively for the use of children is to be provided.* (* Unencumbered indoor space does not include items such as any passage-way or thoroughfare, door swing areas, kitchen, cot rooms, toilet or shower areas located within the building or any other facility such as cupboards and areas set aside for sleeping, staff and administration (Children’s Services Regulation))		Required: 133.25m². Provided: 135m² of unencumbered indoor play space		Yes
	Indoor facilities The Children’s Services Regulation 2004 requires that indoor space is to include the following facilities within all child care centres:
	· a room or area that is used only for administration and for private consultation between staff and parents;		This is provided in the form of an office space located centrally on the south-eastern side of the building.		Yes
	· a room or an area, located away from the areas used by children, that is used for respite of staff;		Staff room is located adjacent to the kitchen.		Yes
	· a room or an area that is used only for sleeping for children under 2 years of age;		The centre will only cater for children over 2 years.		N/A
	· where children under the age of 3 years are being cared for, the child care centre must have laundry facilities, that include at least a laundry tub connected to both hot and cold water;		Laundry facilities are provided adjacent to the staff amenities.		Yes
	· a separate craft preparation facility, including sink, bench top and lockable cupboard. This area must not be located next to a food preparation area or nappy change area. This area is not included in any indoor or outdoor play area;		A craft preparation area is provided within each playroom isolated from the food preparation and nappy rooms.		Yes
	· a designated area that is both safe and hygienic for food preparation and storage. It should be designed, located and maintained to prevent children gaining access to harmful substances or equipment and includes a stove or microwave, sink, refrigerator, suitable disposal facilities and hot water supply (Food preparation areas are to be constructed and provided in accordance with the relevant sections of the Australian/New Zealand Food Standards Code. Guidance may be obtained from the National Code and for the Construction and Fit out of Food Premises published by the Australian Institute of Environmental Health and relevant Australian Standards. In the case of any inconsistency between these documents, the Australian/New Zealand Food Standards Code shall prevail.);		Food preparation provided in the Kitchen which is isolated from children’s areas. Conditions of consent to ensure compliance with applicable Australian Standards.		Yes
	· where a separate kitchen is provided, the kitchen must have a door, half gate or other barrier to prevent unsupervised entry by children into the kitchen;		The proposed kitchen contains a door.		Yes
	· a designated area that is safe and hygienic for the preparation of bottles for children under the age of two years which must be separated from any nappy-changing areas;		The centre will cater for children from 2 years of age only.		N/A
	· safe toilets, hand washing and bathing facilities that are appropriate to the ages of children and are consistent with the Building Code of Australia;		Suitable toilets provided.		Yes
	· nappy change facilities, with adult hand washing facilities in the immediate vicinity and sanitary storage facilities to cater for children under the age of three years or any child in nappies;		Nappy change facilities provided between kids WC and Children 2-3 Play Area		Yes
	· sleeping areas, with cots, beds, stretchers, mattresses and other bedding to be arranged so as to be in areas that have natural light and allow easy access to and exit of any child;		Adequate space allocated in play areas for sleeping.		Yes
	· storage facilities for indoor and outdoor equipment that are secure and inaccessible to the children;		Provided within each room and outdoor storage shed contains outdoor equipment.		Yes
	· storage facilities for children’s personal belongings;		Provided.		Yes
	· and garbage storage & recycling facilities.		Provided within a separate area at the southern corner of the building.		Yes
	The design of indoor space is also to have particular regard to the following:
	· safety and security within the Child Care Centre in relation to occupational health and safety for children, staff and visitors, and external security to ensure that access into the centre is monitored, which may require the installation of camera surveillance, and installation of a security system with access only permitted to authorised persons;		Secure single access point to the centre clearly defined by fences and gates with good visibility.		Yes
	· easy accessibility between different areas within the Child Care Centre;		All areas in the centre are interconnected and have appropriate and convenient functional relationships.		Yes
	· the convenient location of children’s toilets, nappy change areas and storage cupboards and ensuring clear and unobstructed lines of sight of staff and children. The installation of convex mirrors and non recording camera surveillance may be required;		The children’s amenities and storage areas are located in an accessible area off the two playrooms with clear lines of sight.		Yes
	· windows of indoor play areas are to be located with a northern orientation and must receive at least three hours of sunlight between the hours of 9am and 3pm on June 21;		All indoor play areas are provided with plentiful north facing windows.		Yes
	· appropriate external shading of windows;		Appropriate shading provided by the proposed awning.		Yes
	· access to natural cross ventilation through the appropriate placement of openings;		Good cross ventilation provided.		Yes
	· use of safety glass and safety markers at child and adult height is required;		To be conditioned.		Yes
	· the use of energy efficient appliances and hot water systems;		To be conditioned.		Yes
	· adequate storage areas including storage areas for prams and construction of garbage and recycling areas;		Sufficient storage exists within each playroom for internal storage. The garbage and recycling area is provided at the rear of the site adjacent to the south-western property boundary.		Yes
	· mechanical ventilation of nappy change areas and toilets;		To be conditioned.		Yes
	· children’s toilets located so they are directly accessible to children’s indoor and outdoor play spaces;.		Toilets directly accessible from play areas and outdoor areas as appropriate.		Yes
	· the structural fittings and fixtures for all internal rooms selected to enhance non-chemical pest management of the premises with all cracks and crevices being sealed. and insect screening provided to windows;		To be conditioned.		Yes
	· Locks provided to all adult only areas such as storerooms, craft rooms, staff rooms etc;		To be conditioned.		Yes
	· Reception area large enough to cater for groups of people;		The foyer area is sufficient in size to accommodate a number of people at any one time.		Yes
	· Adult toilets should be accessible from the reception area so that they can be used by parents and visitors as well as staff;		Adult toilet located off reception area.		Yes
	· Staff room and separate staff work areas provided including storage space for personal items;		Provided.		Yes
Controls – Outdoor Areas
(ii)	The outdoor play spaces are to be:
	· positioned (where practicable) to the northern or north-eastern end of the site and not to the south of the building;		Play areas are to the north and east of the site.		Yes
	· sited away from and separated from the main entrance of the child care centre, car parking area or vehicle circulation areas;		Main entrance and car parking are fenced off and separated clearly from the play areas.		Yes
	· be aesthetically pleasing, be functional, interesting and safe (soft fall areas provided);		Landscape areas provide a variety of activities and stimulating materials and surfaces with soft fall areas provided.		Yes
	· provide a combination of built and natural shade (winter warmth and light is also desirable);		Existing trees in the adjoining Federation Place to the north-west as well as the proposed awning and timber pergola provide sufficient shade.		Yes
	· covers to be provided for facilities such as sand pits;		To be conditioned.		Yes
	· trees/shrubs to be child safe (not scalable) and not to allow egress from the outdoor area;		Planting is of suitable scale.		Yes
	· fences/gates not to be scalable and minimum 1.2m high. Fencing must be of a design that a child cannot get parts of their body ‘stuck’ , including fingers;		All fences have vertical slats and are a minimum of 1.5m in height.		Yes
	· Gates must be self-locking.		To be conditioned.		Yes
	· verandas/transition areas are to be provided for adequate shade during summer shade and for protection from the rain. A width of four metres or more will provide an alternative play area in extreme heat or inclement weather;		The proposed covered terrace provides suitable shade and rain protection.		Yes
	· The transition area must be designed to allow indoor and outdoor activities to be conducted undercover.		The transition area is of adequate size to permit this.		Yes
	· the transition area must adjoin the child care centre’s main building.		Adjoins the main building.		Yes
	· the transition area must be located between the indoor and outdoor play spaces.		Yes		Yes
	· the roof coverage of the transition area must be a minimum of 4m in width.		The roof coverage is slightly less than 4m in width but provides adequate overall area and a suitable functional space.		No but adequate
	· the transition area must have direct frontage to the outdoor play spaces.		Yes		Yes
	· access to the transition area must not rely solely on stairs.		A ramp provides access to the transition area.		Yes
	· the transition area must be designed in a manner that offers protection from unfavourable weather conditions, including strong winds and rainfall.		Adequate protection provided.		Yes
	· the transition area must be designed in a manner that utilises natural temperature controlling measures, including cross ventilation.		The transition area is open on three sides allowing sufficient air flow.		Yes
	· roofing materials used in the transition area must not allow excessive heat to build up during summer months.		The steel roofing material is not a high thermal mass material and would not retain or amplify heat.		Yes
	· the transition area must be designed in a manner that does not inhibit supervision between indoor and outdoor play spaces.		The open plan design of the transition area provided clear sight lines.		Yes
	· of a design and layout that maximises clear sight lines to all areas from other areas of the child care centre;		The outdoor space has clear sight lines from the play areas of the child care centre.		Yes
	· All play equipment to comply with Australian Standards including soft fall areas must be separated visually from the living/bedroom windows of surrounding dwellings e.g. by position/placement and using solid screen fencing and landscaping as noise/privacy control measures.		Compliance of play areas to be conditioned.		Yes
	· be adequately fenced on all sides. All gates are to be self-closing and child proof with child proof locks. While all fencing to adjoining public spaces is to be a minimum height of 1800mm.		Site adequately fenced.		Yes
	· a physical division, in the form of a low level fence (600mm high) or a similar structure, to be maintained between the play spaces provided for children under the age of two years, and children over the age of two years to ensure that younger children have access to adequate spaces.		No children under the age of 2 will be on the premises.		N/A
	· a rainwater tank (minimum capacity of 2,000 litres) must be installed on site. The rainwater tank must be plumbed for toilet flushing, laundry and irrigation purposes.		Provided.		Yes
	· outdoor play spaces are to be adequately shaded in accordance with Shade for Child Care Services published by the NSW Cancer Council and NSW Health Department. Physical or natural shading devices are to provide sun protection to children and be integrated into the design of the building and the outdoor area.		Adequate shade provided.		Yes
	· plantings 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 (refer to section 2.8).		The north and west property boundaries contain sufficient vegetation screening from the adjoining public open spaces.		Yes
	· storage facilities for outdoor play equipment must be provided. This storage may be part of the main building or a separate structure sited in the outdoor play space.		Sufficient outdoor storage is provided.		Yes
	· Outdoor storage areas must not be accessible to unsupervised children		To be conditioned.		Yes
	*Children’s Services Regulations 2004* *(Note: this legislation has been repealed)*
	· A minimum of 7m² of useable outdoor play space per child that is exclusively for the use of children is to be provided.*		Required: 287m². Provided: 317m² of unencumbered outdoor play space		Yes
	· The outdoor play spaces are to be adequately shaded in accordance with Shade for Child Care Services published by the NSW Cancer Council and NSW Health Department. Physical shading devices are to provide sun protection to children and be integrated into the design of the building and the outdoor areas.		Adequate shade provided.		Yes
2.6 Acoustic Impacts
Controls
	Design to minimise noise and loss of privacy by:
(i)	locating windows offset or in different positions relative to the location of windows in neighbouring properties;		Windows are located away from the neighbouring residential property.		Yes
(ii)	positioning outdoor play areas away from main living area or bedroom windows of any adjoining dwelling;		The outdoor play area is located to the north-west, north, and north-east of the site and is separated from the adjoining residential and commercial properties by the existing building.		Yes
(iii)	using solid screen fencing and landscaping as noise/privacy control measures;		Solid fencing is required on the south-western and north-western property boundary as per the recommendations of the Noise Impact Assessment prepared by Parsons Brinkerhoff.		Yes
(vi)	erecting acoustic barriers as a noise buffer to external noise sources from surrounding land uses and incorporating passive design considerations within the building to minimise noise intrusion;		See above.		Yes
(v)	installing double glazing or use of glass blocks/obscure fixed glazing/highlight windows (for light penetration and to maintain privacy – (not suitable where natural ventilation is also required);		Not necessary under the circumstances – noise impacts adequately managed by site planning.		N/A
(vii)	an Acoustic Report prepared by a suitably qualified acoustical consultant must be submitted with development application, describing and assessing the impact of likely noise emissions from the proposal. The investigation shall include but not be limited to the following: · identification of sensitive noise receivers potentially impacted by the proposal; · quantification of the existing acoustic environment at the receiver locations (measurement techniques and assessment period should be fully justified and · in accordance with relevant Australian Standards and NSW EPA requirements); · formulation of suitable assessment criteria; · details of any acoustic control measures that will be incorporated into the proposal; · identification of noise that is likely to emanate from the Child Care Centre and the subsequent prediction of resultant noise at the identified sensitive receiver locations from the operation of the premises; · a statement certifying that the development is capable of operating without causing a nuisance; · a statement that noise arising from within the premises shall not result in an ‘offensive noise’ (as defined in the Protection of the Environment Operations Act, 1997) at any adjoining residential premises.		A Noise Impact Assessment prepared by Parsons Brinkerhoff has been submitted which addresses these criteria.		Yes
2.7 Accessibility
Controls
(a)	All new Child Care Centres (or building conversions or additions to existing premises) shall comply with the minimum access requirements contained specified in Part C1 of Ashfield DCP 2007 – Access Adaptability and Mobility, the Building Code of Australia & Australian Standard (AS) 1428 – Design for Access and Mobility. This requires a continuous path of travel to and within the building. All key areas of the site must be linked by pathways that are accessible to prams, wheelchairs and the like.		The proposal ensures a continuous path of travel to all aspects of the site. An Access Report has been provided which adequately addresses this issue.		Yes
(b)	Child care centres must be located on the ground floor of the building that they occupy.		The proposal is single storey only.		Yes
2.8 Landscaping
Controls
(a)	Landscaping of new child care centres shall be designed to minimise the visual impact of the building on the streetscape, minimise run-off, provide shade for children and maximise privacy for neighbours.		Suitable landscaping provided.		Yes
(b)	The landscape design of the child care centre shall reflect the prevailing landscape character of the area and should relate to existing streetscapes in terms of scale and planting style.		The landscaping is respectful of the heritage values of the conservation area.		Yes
(c)	No area within the child care centre may contain plant species that are characteristic of the following: · plants known to be poisonous or that produce toxins; · plants with high allergen properties; · plants with thorns, or spiky or prickly foliage; or · any plant species that Council considers may place the health, safety and welfare of the centres users at risk.		Plans suitably selected.		Yes
(d)	Notwithstanding any other control contained within this Part, significant existing landscaping features, such as canopy trees, are to be retained.		All significant trees are to be retained.		Yes
2.9 Traffic, Parking and Access
Controls
(a)	The number and design of on-site car spaces and access ways shall be in accordance with Part C11. A temporary pick-up and drop-off area incorporating a passing bay is to be provided on site so that vehicles can enter or leave the site moving in a forward direction without conflicting with other traffic/parking movements. Note: The basic off-street parking requirement at the time of adoption of this Part was 1 space per 4 children - this figure includes staff parking. A Traffic and Parking Assessment Report, which also addresses traffic safety issues, is req		See assessment by Council’s traffic engineer.		Satisfactory
(b)	The centre, pedestrian access and children’s play areas are to be separated by safety fencing and minimum 2 self-locking gates/barriers from the road and from parking and vehicle access areas.		Satisfactory separation provided.		Yes
(c)	Long stay staff parking must be separate from short stay, visitor parking. Both must be provided in a convenient location, allowing safe movement of children to and from the centre.		See assessment by Council’s traffic engineer.
(d)	Children with parents/carers should not walk and be exposed to interact with movement of vehicles within a car park. Separate pedestrian paths (minimum 1.2 metres in width) should be provided, identified and located to allow safe movement of children with parent/carers to and from vehicles within the short stay visitor parking areas. These pedestrian paths should not form part of any vehicle aisle movement areas or car parking spaces.		No vehicle interaction necessary.		Yes
(e)	Ramps and lifts should be provided where necessary along pedestrian paths and in any basement car parks where required to allow access to the centre by mothers with prams and for people with disabilities.		Ramps provided where necessary.		Yes
(f)	Parking spaces for people with disabilities must be provided near the entrance to the Centre.		One accessible parking space is provided at the rear.		Yes
(g)	Access should be provided for goods deliveries separated from areas used by staff and parents		A loading bay is provided at the rear of the site.		Yes
2.10 Operational Aspects
Controls
	A Centre Plan of Management is to be submitted with each development application for a Child Care Centre (including new and existing Child Care Centres) to ensure that the proposed premises will operate in a manner that maintains a high level of amenity. An appropriate form of centre management with responsibility for the operation, administration, cleanliness and fire safety of the premises, including compliance with the Centre Plan of Management and an Emergency. Management and Evacuation Plan must be provided for the premises. The Centre Plan of Management shall address the following as a minimum:
	· Maintenance and fire safety in the building;		Addressed.		Yes
	· A schedule indicating compliance with the accommodation standards and outdoor play area requirements of the Children’s Services Regulation.		Addressed.		Yes
	· Measures to minimise unreasonable impact to the habitable areas of adjoining premises;		Addressed.		Yes
	· Proposed staffing arrangements, including location and contact details of the centre manager;		Addressed.		Yes
	· Prominent display of appropriate rules re. visitor policy, operating hours of outdoor play areas;		Addressed.		Yes
	· Waste minimisation and recycling;		Addressed.		Yes
	· Professional cleaning details (as a minimum facilities such as kitchens and toilet areas must be cleaned to a professional standard at daily.		Addressed.		Yes
	· Provision of safety and security measures - this may include but not be limited to such things as: internal signage indicating the centre manager and contact number, emergency contact numbers for essential services such as fire, ambulance, police, and utilities such as gas, electricity, plumbing, installation of perimeter lighting, appropriate fencing and security gates, keys for security entrance doors be made available to essential services such as fire brigade in case of emergency.		Addressed.		Yes
2.11 Waste
Controls
	Waste and recycling facilities on the premises shall be provided in accordance with the requirements of Part D1 of Ashfield DCP 2007 - Waste Minimisation, and the specific requirements of any other Part of this DCP applicable to the development.		A separate bin enclosure to the rear of the site has been provided in accordance with this part.		Yes
2.12 Fire Safety
Controls
(a)	A copy of the annual fire safety statement and current fire safety schedule for the premises must be prominently displayed in the Child Care Centre entry/reception area.		To be conditioned.
(b)	A floor plan must be permanently fixed to the inside of the door of each room to indicate the available emergency egress routes from the respective rooms.		To be conditioned.
(c)	Prior to releasing an occupation certificate for the building, an Emergency Management and Evacuation Plan must be prepared for the building and approved by the Principal Certifying Authority. Staff shall be trained in relation to the operation of the approved Emergency Management and Evacuation Plan.		To be conditioned.
(d)	Premises must provide annual certification for the following: · Essential fire safety measures to comply with the Environmental Planning and Assessment Regulation 2000 · Compliance with the Centre Plan of Management approved for the premises; and, · Compliance with Emergency Management and Evacuation Plans required by the Building Code of Australia.		To be conditioned.

As indicated by the above table, the proposal generally complies with the provisions of Part C19: Child Care Centres with the exception of cl. 2.5(ii) as follows:

· The width of the transitional area:

The minimum required width of the transitional area is 4m whereas the proposal provides 3.3m. Despite this shortfall, the area is of generous length and provides an adequate area overall to accommodate the activities envisaged. In addition, it expands into the outdoor play space which provides in excess of the minimum required area.

Given the above, it is considered that the application performs satisfactorily against Part C19 – Child Care Centres, of Ashfield DEP 2007.

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, the Haberfield Association and Councillors from 19 October 2012 until 13 November 2012.

7.7.1 Summary of submissions

40 submissions in support of the proposal were received during the notification period (Attachment 3):

Submission	Submission
Mr Felzouplio Haberfield Hardware 163 Ramsay Street Haberfield NSW 2045	Nancy Blancato 3 Winchcombe Avenue Haberfield NSW 2045
Alfio Musmeci Raine & Horne Haberfield 117 Ramsay Street Haberfield NSW 2045	Anna Cavallaro 23 O’Connor Street Haberfield NSW 2045
Michael Sheen Haberfield Drycleaners 107 Ramsay Street Haberfield NSW 2045	Ross Carrozza 103 Chandos Street Haberfield NSW 2045
Nicole Dimauru Haberfield Cellars 117 Ramsay Street Haberfield NSW 2045	Maria Carrozza 103 Chandos Street Haberfield NSW 2045
Cindy I Thai Restaurant 147 Ramsay Street Haberfield NSW 2045	Cathy Lattari 14 Yasmar Avenue Haberfield NSW 2045
Name unreadable Pasteria 171 Ramsay Street Haberfield NSW 2045	Nick Lattari 14 Yasmar Avenue Haberfield NSW 2045
Suzi Reichert Your Choice Pharmacy 191 Ramsay Street Haberfield NSW 2045	Name unreadable 48 O’Connor Street Haberfield NSW 2045
Giuseppe Cassantti Peppe’s Pasta 151 Ramsay Street Haberfield NSW 2045	Anthony Costanzo 16 Turner Avenue Haberfield NSW 2045
Clara Mirarchi Hairdressing 18 Loudon Avenue Haberfield NSW 2045	Helen Vagerakas 16 Turner Avenue Haberfield NSW 2045
Nadia Mirarchi Nadia’s Beauty Room 133 Ramsay Street Haberfield NSW 2045	A. Marchese 83 O’Connor Street Haberfield NSW 2045
Peter Wood Ship Master 101 Dalhousie Street Haberfield NSW 2045	Albina Tagliavia 38 Waratah Street Haberfield NSW 2045
Joe Asationo Butchery 177 Ramsay Street Haberfield NSW 2045	Louis Tagliavia 38 Waratah Street Haberfield NSW 2045
Grace Grasso Haberfield Newsagency 139 Ramsay Street Haberfield NSW 2045	Greg Carozza 16 Yasmar Avenue Haberfield NSW 2045
Name unreadable Ramsay Street Pharmacy 18 Loudon Avenue Haberfield NSW 2045	Rosa Lattai 20 Loudon Avenue Haberfield NSW 2045
Agata Cassaniti Bakery 153 Ramsay Street Haberfield NSW 2045	P. Marchese 83 O’Connor Street Haberfield NSW 2045
A. Ortitullo 47 Wolseley Street Haberfield NSW 2045	Dominic LATTANI 20 Loudon Avenue Haberfield NSW 2045
Lorena Senzio Lorena’s Boutique 149 Ramsay Street Haberfield NSW 2045	Antunetta Casmrii 18 Turner Avenue Haberfield NSW 2045
Maria 48 O’Connor Street Haberfield NSW 2045	Romina Losuros 18 Turner Avenue Haberfield NSW 2045
Annette Marchese 65 O’Connor Street Haberfield NSW 2045	name unclear 18 Turner Avenue Haberfield NSW 2045
L. Marchese 65 O’Connor Street Haberfield NSW 2045	Cathy Carrozza 16 Yasmar Avenue Haberfield NSW 2045

Submission

Mr Felzouplio

Haberfield Hardware

163 Ramsay Street

Haberfield NSW 2045

Nancy Blancato

3 Winchcombe Avenue

Haberfield NSW 2045

Alfio Musmeci

Raine & Horne Haberfield

117 Ramsay Street

Haberfield NSW 2045

Anna Cavallaro

23 O’Connor Street

Haberfield NSW 2045

Michael Sheen

Haberfield Drycleaners

107 Ramsay Street

Haberfield NSW 2045

Ross Carrozza

103 Chandos Street

Haberfield NSW 2045

Nicole Dimauru

Haberfield Cellars

117 Ramsay Street

Haberfield NSW 2045

Maria Carrozza

103 Chandos Street

Haberfield NSW 2045

Cindy

I Thai Restaurant

147 Ramsay Street

Haberfield NSW 2045

Cathy Lattari

14 Yasmar Avenue

Haberfield NSW 2045

Name unreadable

Pasteria

171 Ramsay Street

Haberfield NSW 2045

Nick Lattari

14 Yasmar Avenue

Haberfield NSW 2045

Suzi Reichert

Your Choice Pharmacy

191 Ramsay Street

Haberfield NSW 2045

Name unreadable

48 O’Connor Street

Haberfield NSW 2045

Giuseppe Cassantti

Peppe’s Pasta

151 Ramsay Street

Haberfield NSW 2045

Anthony Costanzo

16 Turner Avenue

Haberfield NSW 2045

Clara Mirarchi

Hairdressing

18 Loudon Avenue

Haberfield NSW 2045

Helen Vagerakas

16 Turner Avenue

Haberfield NSW 2045

Nadia Mirarchi

Nadia’s Beauty Room

133 Ramsay Street

Haberfield NSW 2045

A. Marchese

83 O’Connor Street

Haberfield NSW 2045

Peter Wood

Ship Master

101 Dalhousie Street

Haberfield NSW 2045

Albina Tagliavia

38 Waratah Street

Haberfield NSW 2045

Joe Asationo

Butchery

177 Ramsay Street

Haberfield NSW 2045

Louis Tagliavia

38 Waratah Street

Haberfield NSW 2045

Grace Grasso

Haberfield Newsagency

139 Ramsay Street

Haberfield NSW 2045

Greg Carozza

16 Yasmar Avenue

Haberfield NSW 2045

Name unreadable

Ramsay Street Pharmacy

18 Loudon Avenue

Haberfield NSW 2045

Rosa Lattai

20 Loudon Avenue

Haberfield NSW 2045

Agata Cassaniti

Bakery

153 Ramsay Street

Haberfield NSW 2045

P. Marchese

83 O’Connor Street

Haberfield NSW 2045

A. Ortitullo

47 Wolseley Street

Haberfield NSW 2045

Dominic LATTANI

20 Loudon Avenue

Haberfield NSW 2045

Lorena Senzio

Lorena’s Boutique

149 Ramsay Street

Haberfield NSW 2045

Antunetta Casmrii

18 Turner Avenue

Haberfield NSW 2045

Maria

48 O’Connor Street

Haberfield NSW 2045

Romina Losuros

18 Turner Avenue

Haberfield NSW 2045

Annette Marchese

65 O’Connor Street

Haberfield NSW 2045

name unclear

18 Turner Avenue

Haberfield NSW 2045

L. Marchese

65 O’Connor Street

Haberfield NSW 2045

Cathy Carrozza

16 Yasmar Avenue

Haberfield NSW 2045

Submission Issue	Assessing Officer’s Comment
No adverse impact from the number of children.	The number of children is consistent with the area available on the site and the noise impacts have been validated as acceptable by the acoustic report provided with the application.
No adverse impact from the proposed car parking arrangement.	Council’s traffic engineer has reviewed the parking arrangements and concluded that they are satisfactory and within the capacity of the local road network subject to conditions of consent.
No adverse impact from the extension at the rear of the building.	The additions to the rear of the building are of low scale and subsidiary to the existing structure with minimal visibility from public spaces and no adverse impacts upon neighbour amenity. Council’s heritage adviser has assessed these additions to the building as satisfactory from a heritage perspective.
No adverse impact from the proposed deck.	The deck at the side of the building is also of low scale and subsidiary to the existing structure with low visibility from public spaces and no adverse impacts upon neighbour amenity as it is low set and located to the centre of the site adjacent the well landscaped public park to the north. Council’s heritage adviser has also assessed the deck as satisfactory from a heritage perspective.
No adverse impact from the proposed landscaping.	The proposed landscaping adds to the quantum of planting on the site. In particular it provides hedging along the front boundary and planting along the side fences and at the rear of the site and will improve its presentation to the streetscape and surrounding area.
A childcare centre is a much needed service in Haberfield.	Historically, child care centres are facilities which have been in demand.
The proposal is a good adaptable re-use of the property.	Council’s heritage adviser has assessed the proposal as satisfactory from a heritage perspective.

A further three submissions including one petition of 23 names objecting to the proposal were also received during the notification period (Attachment 4):

Submission

Petition

Catherine Bell

Uniting Care Children’s Services

PO Box 495

Rydalmere BC NSW 1701

Petition of 23 names:

Head Petitioner:

Katrina Sheppard

Director

UnitingCare Ella Children’s Centre

1 Winchcombe Avenue

Haberfield NSW 2045

David and Katrina Sheppard

5 Winchcombe Avenue

Haberfield NSW 2045

Submission Issue	Assessing Officer’s Comment
The additional traffic, noise and pollution into a tightly packed community raises concerns for all children’s health and well-being.	The locality is more correctly described as low density residential located on the edge of a local centre. The increase in traffic (and any associated noise/pollution) would generally be only at peak hours (early morning and late afternoon) when children are arriving or leaving the centre and would not be of such intensity as to be of concern to children’s well-being.
The use of a single carriage laneway – Perri Lane – for additional traffic: The conversion of the Ramsay Street property from a residence to a business with additional parking will result in additional traffic.	Traffic would generally be confined to staff entering and exiting Perri lane in the morning and afternoon, and the occasional authorised parent/carer using the accessible parking space. This is a very low level of traffic generation which would have peaks usually only twice a day, generally on weekdays.
The use of the laneway for additional commercial deliveries across all times of the day also poses difficulties for passing vehicles on the narrow carriageway.	A condition of consent has been recommended that deliveries involve small vans and be limited to outside peak periods.
Currently there are 42 children who use the outdoor environment of 1 Winchcombe Avenue each day who will only be separated from this laneway by a single paling fence. The increased traffic using the laneway increases the risk significantly of a vehicle striking our boundary fence.	Vehicles currently park in the lane along the side boundary to the 1 Winchcombe Ave child care centre which would make impact of the fence by a moving vehicle particularly unlikely. Furthermore, traffic in this laneway would be of low intensity and move at relatively low speed which would make any impact unlikely to cause serious damage.
The UnitingCare Ella Children’s Service is licensed for 42 children which is effectively the equivalent of 80 local families of whom a significant number already experience great difficulty in accessing the service, increased traffic congestion and movement again places and increases the risk for the children and their families with additional vehicles entering the area.	Conditions of consent require that parents/carers drop off is via the front from Ramsay Street and that the rear gate to the side path entry be only accessible for staff, service persons and any authorized parent/carer.
Perri Lane does not currently have a defined kerb and gutter. Walking families use this as the main pavement in Winchcombe Avenue, with increased utilisation this would now need to be considered a major thoroughfare.	Conditions of consent would result in the use of the lane primarily by staff which would result in minimal vehicle movements generally at peak hours only – such an arrangement is considered an acceptable impact upon pedestrian safety.
Walking families need to consider this a major thoroughfare as they cross the lane as this is the main walking pathway in Winchcombe Avenue.	As discussed above, the proposal would result in a low level of daily vehicle movements. Notwithstanding this, pedestrians crossing the lane at its junction with Winchcombe Avenue should exercise the same level of care applied when crossing any public roadway.
The Ella Community Centre Garage storage is across Perri Lane which would be increasingly difficult to access for the aged and those with disabilities as they would have to face the increased car usage when moving items across the lane.	Traffic in Perri Lane is restricted to staff, delivery vans and any authorised parent/carer. This is a low level of traffic generation which would not create unacceptable safety issues.
The proposed plan appears to indicate that business staff would only use the allocated spaces however it is highly likely that families wishing to do a quick arrival or collection may also do so and there is no way of policing these actions.	See comments above regarding use of rear car park by parents. Notwithstanding this, the rear lane would be a significantly less convenient point of access for parents and is unlikely to be used. Finally, the conditions imposed upon the consent would ensure that access for parents and children is generally only available from the front.
Increased pressure will be placed on the Council Car Park on Gillies Avenue will have a negative impact on the community access for shops.	Parents would only need to park for very short periods of time which would be well within the capacity of the public car park.
Haberfield is a highly desirable residential community which has retained its strong heritage and it is reasonable to expect that any building redevelopment would retain this requirement to fit in with existing streetscape. We would expect as well, that the building design would enhance the children’s learning and development and sit above minimum requirements.	The proposal involves almost no alteration to the front of the existing dwelling and only involves modification and extension at the northern side and rear. Even so, these additions are discrete, modest in scale and sensitive to the heritage values of the locality and have been assessed positively by Council’s heritage adviser. The proposal consequently has negligible impacts upon the streetscape and to the extent that it does, these are appropriate. It is considered that the design of the proposal is compliant with Ashfield DCP 2007 – Part 19, Child Care Centres and that the built form is an appropriate basis for the operation of the centre.
Currently the proposed outdoor play space in the new building appears to offer only minimum requirements.	The play space complies with the requirements of Ashfield DCP 2007.
The owner of the Ramsay Street property will not be the provider of the business and hence regulatory compliance could be compromised.	This is not a matter for consideration under s79C of the Act.
There is already a chronic shortage of parking in the area surrounding the development.	The traffic report submitted by the applicant indicates an adequate availability of nearby parking at the necessary times. It concludes that there is a maximum need of 4 on street car spaces at any one time and that there is a minimum of 17 free car spaces available at the most congested time within 100m of the site.
Inadequate parking for staff which would most likely overflow into Winchcombe Avenue.	The proposal provides for 6 parking spaces (including an accessible space) to accommodate the 5 staff legally required to operate the centre as proposed. As such, each staff member would have access to car parking on site. Notwithstanding this, the applicant’s traffic report confirmed that there are 17 free car spaces available at the most congested time within 100m of the site which would be more than adequate to cater for any unexpected overflow of staff parking.
Dramatic impact on traffic flow in Ramsay Street during peak periods.	Council’s engineer has assessed the impacts upon traffic flow in Ramsay Street as within the capacity of the road network and acceptable.
Unacceptable congestion resulting from the development in the Council car park will present danger to children.	The parking counts in the traffic report reveal an adequate availability of parking spaces in the public car park. At the morning drop off time period between 7am - 9am, most shops have not yet opened and there are ample available spaces. Parking availability during the afternoon pick up time is also adequate.
Winchcombe and Gillies Avenues are already used for dropping off and collecting children at the Ella Childcare Centre as well as clients attending the Ella Community Centre. Increased traffic in these streets will create further congestion resulting in increased danger, particularly to the young children entering and exiting Ella during these same busy periods.	As noted above, parent drop off and pick up to the centre would be via the Ramsay Street frontage.
Any increase in traffic to Perri Lane would be a danger to all pedestrians using Winchcombe Avenue, especially children attending Ella Childcare and the elderly.	This has been discussed above.
Noise impacts upon 5 Winchcombe Avenue would be unacceptable.	A Noise Impact Assessment was submitted with application and would be conditioned as part of the consent. It assesses the noise impacts as satisfactory and Council’s Environmental Health Officer concurs. It should also be noted that 5 Winchcombe Avenue shares only a small section of common boundary with the subject site and furthermore is separated from the noise generating areas of the proposal (i.e. the outdoor play area) by two sets of fencing and the 11m wide car park.
Parking problems for 5 Winchcombe Avenue would be exacerbated.	As discussed above, the locality is able to readily able to absorb the increase in vehicle movements and is unlikely to have any noticeable impact upon parking in Winchcombe Avenue.
5 Winchcombe Avenue would be devalued.	No evidence or justification has been presented nor is the matter a valid planning consideration.
Negative impact enrolments at existing child care centre at 1 Winchcombe Avenue.	This is a commercial issue to be considered by the proponents of the new centre and not an issue which can be taken into account in a planning assessment - in particular, it is not a matter for consideration under s79C of the Act.
Negative impact enrolments at existing child care centre in Rogers Avenue.	See comment above.
Negative impact enrolments at existing child care centre in Mary’s Place.	See comment above.

One submission was also received from Ausgrid which required that:

Prior to any electrical work commencing on site, an Application for Connection and Supplementary Application for Connection form must be submitted to Ausgrid for:

o The connection of a new electrical installation to Ausgrid’s network;

o A proposed increase in the electrical demand of an existing connection requiring an increase in the capacity of the service connection;

o An alteration to the electricity metering arrangements of an existing installation;

o A proposed alteration to an electrical installation, not included above, that requires the submission of a Supplementary Application for Connection.

These requirements have been included as a condition of development consent.

7.8 The public interest

Matters of the public interest have been taken into consideration in the assessment of the application. Given its general compliance with the requirements of Council’s controls and the ongoing need in the community for additional child care facilities it is considered that the proposal warrants support.

8.0 Referrals

8.1 Internal

Department	Support/Objection
Heritage	Support subject to conditions.
Hydraulic Engineer	Support subject to conditions.
Traffic Engineer	Support subject to conditions.
Environmental Health	Support subject to conditions.
Construction	Support subject to conditions.
Tree Officer	Support subject to conditions.
Community Services	Support subject to conditions.

9.0 Other Relevant Matters

9.1 Section 94A Contribution Plan

Section 94A contributions of $3,500 are payable.

9.2 Service Approval

The proposed child care centre must obtain service approval from the Australian Children’s Education and Care Authority (ACECQA) prior to commencing operation.

10.0 Building Code of Australia (BCA)

A Construction Certificate will be required by condition of consent.

Financial Implications

Section 94A Contributions are payable.

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 conditional approval.

ATTACHMENTS

Attachment 1 View	Plans of Proposal	4 Pages
Attachment 2 View	Locality Map	1 Page
Attachment 3 View	Heritage Advice	1 Page
Attachment 4 View	Conditions	16 Pages
Attachment 5	Submissions in support - available on website	40 Pages
Attachment 6	Submissions of objection - available on website	8 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. 10.2012.209.1 for alterations and additions to an existing building for use as a child care centre on Lot 1 in DP: 588626, known as 110 Ramsay Street, Haberfield, subject to conditions.

COMPLIANCE TABLE - ASHFIELD LOCAL ENVIRONMENTAL PLAN 1985

CLAUSE 2

Aims, objectives etc.

This plan aims to:

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

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

CLAUSE 10

Zoning

Complies. The property is zoned 3(a) General Business 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

Complies

Site Area = 836.22m²

Gross Floor Area = 248m²

Proposed FSR = 1:1

Maximum FSR = 0.3:1

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.

COMPLIANCE TABLE - ASHFIELD LOCAL ENVIRONMENTAL PLAN 1985

CLAUSE 32

Protection of heritage items, heritage conservation areas and relics

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

Requirement for development consent

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

Assessment of impact on heritage significance

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

Requirement for conservation plan or heritage impact statement

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

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:

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

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

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

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

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

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

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

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

(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.

CLAUSE 37

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

MODEL PROVISIONS

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

Aesthetic appearance is considered 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

Traffic generation is considered acceptable by Council’s traffic engineer.

13 – Off street loading, facilities, etc.

Satisfactory loading facilities provided.

Phil Sarin

Director Planning and Environment

Ashfield Council – Report to Ordinary Meeting held on Tuesday 27 November 2012 CM10.8

Subject MODIFICATION TO THE CONCEPT PLAN & PROJECT APPLICATION (CARDINAL FREEMAN VILLAGE)
137 VICTORIA STREET, 4-6, 8-10 CLISSOLD STREET, 102-102A QUEEN STREET, ASHFIELD

File Ref Cardinal Freeman Village

Prepared by Atalay Bas - Manager Development Services

Reasons Information for Council consideration

Objective For Council to determine its response to the proposed modification of the Concept Plan & Project Application being considered by Department of Planning & Infrastructure

Overview of Report

Stockland Development Pty Ltd has lodged an application with the Department of Planning & Infrastructure seeking approval to modify the approved Concept Plan and Project Application.

The proposal is on public notification until 7 December 2012 and accordingly the Department is seeking comments regarding the proposed modifications.

BACKGROUND

On 20 January 2011 the Planning Assessment Commission, as delegate to the Minister for Planning, granted approval to:

A. Application No. MP080245 - The Concept Plan for the comprehensive redevelopment of an existing retirement village over 5 stages including 12 residential buildings of 3 & 5 storeys in height and a residential aged care facility with associated landscaping, community facilities, internal road network and parking; and

B. Application No. MP080260 - The Project Application for Cardinal Freeman Village including:

Stage 1 – Village Green Precinct

i. Demolition of existing Independent Living Units (ILU) buildings and community buildings to allow for the Construction of 3 x 5 storey buildings for new residential accommodation;

ii. Buildings (Q1, Q2 & Q3) consisting of 54 ILU’s, community facilities and basement car parking;

iii. New village green; and

iv. Upgrade and realignment of the existing east-west roadway.

Stage 2 – Care Precinct

i. Demolition of the existing nursing home, ILU building, dwelling houses and associated structures;

ii. Construction of a 4 storey, 160 bed Residential Aged Care Facility (RACF);

iii. Construction of 2 x 5 storey buildings consisting of 46 ILU’s

iv. Construction of a new north-south laneway;

v. Associated infrastructure works;

vi. Construction of a 4 storey, 160 bed RACF;

vii. Construction of 2 x 5 storey buildings consisting of ILU’s;

viii. Construction of a new north-south laneway; and

viii. Associated infrastructure works.

PROPOSED MODIFICATION

The applicant has now requested the Minister to modify these approvals by changing the terms of the determinations and varying conditions of the approvals. The nature of these modifications are:-

Concept Plan Approval

1. The east-west link road has been straightened to be more consistent with the grid street pattern of the surrounding urban form. The east-west access street (referred to as Victoria Lane) will become a two way road from Queen Street to Clissold Lane and one way (west to east) from Victoria Street. It continues to connect with the proposed north-south accessway (Clissold Lane) providing access to Clissold Street - the two accesses from Clissold Street are retained. The direction of traffic flow remains consistent with the approved concept plan.

The proposed modification outlined above has also resulted in the relocation of the main entry gates;

2. The demolition of the serviced apartment building and its replacement with a new ILU building. The applicant has indicated that serviced apartments no longer accords with current strategies for aged accommodation and consequently there is a declining demand for this type of accommodation in favour of larger independent living units;

3. A reduction in the number of separate buildings from 13 to 8 with similar heights ranging from 3 to 5 storeys with increased spaces between buildings and improved landscaped areas for residents;

4. An increase in new ILUs from 225 to approximately 240 including a change in apartment mix; and

5. A change in the staging of development with the RACF building to be constructed first followed by the ILU buildings and a reduction of the number of stages. It is proposed to have 2 stages. The first stage will be the development of the care precinct and the village green precinct. The second stage includes the remaining buildings (buildings 5, 6 & 7) which will be subject of a separate development application.

Project Approval

1. The Residential Aged Care building is retained in its present location with modifications to external appearance and internal layout and a relocated porte cochere and entry (no new access points from Clissold Lane);

2. Demolition of Serviced Apartment Building (previously retained) and the construction of a new ILU building;

3. Modification to the design of ILU buildings in accordance with the modified Concept Plan Approval to increase setback from existing residences and provide improved landscape spaces including the Village Green; and

4. Changes to the staging of works to allow the commencement of construction of the RACF first followed by the ILU buildings.

The following table provides a summary comparison between the approved and proposed modifications to the project approval:-

Approved Project Approval	Modification to Project Approval
	Change to construction staging so that the Care Precinct and Village Green are integrated into one stage (Stage 1), with construction of the Care Precinct Buildings commencing first
Stage 1 - Village Green Precinct	Stage 1 – Village Green Precinct
Demolition of existing ILU buildings and community buildings to allow for the Construction of 3 x 5 storey buildings (Q1, Q2 & Q3) Consisting of 54 ILU’s, community facilities and basement car parking	Demolition on of existing ILU buildings and community buildings to allow for the construction of 1 x 5 storey building above basement podium consisting of 40 ILU’s, community facilities and basement car parking
New village green	New village green
Upgrade and realignment of the existing east-west roadway	Partial upgrade and realignment of the existing east-west roadway
Adaptive reuse of chapel undercroft for residential units	Adaptive reuse of chapel undercroft for community facility use
Stage 2 - Care Precinct	Stage 1 – Care Precinct
Demolition of the 119 bed nursing home, ILU building, dwelling houses and associated structures	Demolition of the 119 bed nursing home, ILU building, serviced apartment building, dwelling houses and associated structures

Stage 2 - Care Precinct (contd)	Stage 1 – Care Precinct (contd)
Construction of a 4 storey, 132 bed RACF	Construction of a 4 storey, 133 bed RACF
Construction of 2 x 5 storey buildings consisting of 46 ILU’s	Construction of 2 x 5 and 1 x 4 storey buildings consisting of 101 ILU’s
Construction of a new north-south laneway	Construction of a new north-south laneway
Associated infrastructure works	Associated infrastructure works

Please refer to Attachment 1 for plans of the proposed modifications.

The overall accommodation is summarized in the following table:-

	Existing	Previous Proposal	Modified Proposal	Comment
South West Quadrant	56	56	56	No change Bldgs Retained
Glentworth House	23	23	23	No change Bldg Retained
Villas (South East)	17	0	0	No change Bldgs Demolished
Buildings A and B	36	36	36	No change Bldgs Retained
Blocks C to F	48	0	0	No change Bldgs Demolished
Stage 1 Care Precinct (or equivalent) 1	0	46	10	Change in apartment mix and building design
Stage 1 Village Green (or equivalent)	0	58	40	Change in apartment mix and building design
Stage 2	0	121	99	New
Total ILUs	180	340	355
Serviced Apartments	49	49	0	Bldgs - Demolished
Total Aparts + ILUs	229	389	355
Nursing Home (beds)	59	132	133	Building redesign
Hostel (beds)	60	0	0	No change - Bldg Demolished
Total RACF beds	119	132	133

Amongst other things, the applicant has provided the following rationale for the proposed modifications:-

“The modifications to the Concept Plan and Project Approval have evolved from detailed consideration of the site and its context and extensive consultation with residents and public authorities.

A comprehensive approach has been taken to develop an integrated design solution for the site that considers existing historic items, existing buildings to be retained and the surrounding urban context.

The Concept Plan remains consistent with the overall urban design approach. It re-organises the site to strengthen and re-establish the concept of quadrants and re-structures the site in terms of urban form, heritage consideration and day-to-day provision of services. It re-engages Glentworth House and Chapel with newly defined settings integrated into the urban fabric of the site and the adjoining public domain. It provides a more legible and permeable movement system through the site connecting with the surrounding streets and improving pedestrian accessibility across the site.

The built form comprises buildings and services that are sustainable. It is compatible with the amenity of the adjoining residential area. It creates a safer environment by design which is important for the specific aged demographic.

Having regard to the environmental assessment requirements, it is considered that the impacts of the modifications are acceptable and warrant approval.”

SUBJECT SITE

The subject land covers a residential block bounded by – Clissold Street to the north, Queen Street to the west, Victoria Street to the east and Seaview Street to the south. The site operates as an existing residential care facility comprising a number of buildings that include: -

· Glentworth House containing boardrooms and Independent Living Units.

· A Chapel and caretakers flat.

· A convent building.

· A nursing home with underground car park.

· A hostel

· Serviced apartment buildings.

· Independent Living Unit buildings.

· An administration building and activity centre.

The immediate area surrounding the site comprises residential development including individual dwellings and multi-storey residential flat buildings.

Refer to Attachment 2 for locality plan.

ASSESSMENT

State Environmental Planning Policy (Major Development) 2005

State Environmental Planning Policy (Major Development) 2005, before it was repealed in 2011, was the main instrument for nominating projects which are of State or Regional environmental planning significance and are declared to be projects to be determined by the Minister under Part 3A.

State Environmental Planning Policy (Major Development) 2005 has been significantly amended since this approval was issued and has been substantially replaced by State Environmental Planning Policy (State and Regional Development) 2011.

The proposed development falls within Schedule 1, Clause 13 of the Major Development SEPP as it then was a Project to which Part 3A of the Act applies. The transitional arrangements introduced on the repeal of Part 3A apply to this approval and as such can be considered as an amendment.

Building Heights

The revised scheme includes changes in building heights (both increases and decreases) across the various buildings previously approved and now proposed to be modified. In overall terms these changes are considered acceptable.

The exception is the building (B4) adjacent to Glentworth House which has a proposed height at RL 64.5. The previous approved scheme restricted new buildings to a maximum RL 61.60 (with the exception of minor roof elements, services plant, lift over-runs). This RL relates to the eaves height of the Chapel and Glentworth House and was imposed to ensure that new buildings were subservient to the scale and significance of these buildings. This principle is still relevant and important and should be adhered to in the revised scheme. The affect of reinforcing this restriction would result in the removal of the top floor of Building 4 which equates to a reduction of 6 independent living units and a minor decrease in FSR (approximately 1.5%).

Attachment 1 provides a site plan and elevations illustrating the comparison between the approved and proposed building heights.

The applicant has provided the following justification for the variation:-

“Whilst above the eaves height of the Chapel it is considered that the resulting height and design of this building is consistent with the objectives of the building height controls outlined above in that:

• The upper level is set back from the parapet height (RL 61), with the stronger parapet form maintaining a consistency with the Chapel eaves and the upper level recessive when viewed from ground level and the adjoining public domain;

• Allows for greater building separation between the existing ILUs on the site in the south west quadrant to the south and west of Building 4;

• The modified Concept Plan retains and improves axial views of the Glentworth House and the Chapel;

• The setback upper level remains below the roof ridge height of the Chapel and Glentworth House;

• There is greater separation between the proposed Building 4 and the Chapel structure;

• Solar access to open space is retained.

The modified Concept Plan is consistent with the approved Plan in that height of buildings follows the topography of the site cascading from the high point at Glentworth House and the Chapel to the low point along Clissold Street. Figure 3.13 shows building height in storeys and reduced levels. Height is measured to the top most part of a building with the exclusion of minor roof elements, services plant and lift overruns.”

Building Setbacks

Setbacks remain as per the approved concept plan in that street front setbacks to Queen Street are to be a minimum of 7.5m, 5.5m to Clissold Street and 5m to other streets. In addition, the internal setbacks are maintained in the modifications to provide axial views through the site of Glentworth House tower;

Attachment 1 provides a site plan illustrating the comparison between the approved and proposed building setbacks.

Density – Gross Floor Area

Development for which concept approval is sought will result in an overall site FSR of 1:18:1 and a gross floor area of 48,106 square metres. This includes existing buildings to be retained and new buildings. The additional proposed GFA amounts to 6,615 sqm, which equates to an increase of approximately 16%.

Modifications to the overall FSR have occurred primarily because of the change in apartment mix with more two bedroom and two bedroom plus study apartments. Apartments also incorporate increased circulation spaces for the ILUs and an increase in the size of the RACF.

Attachment 1 provides a site plan illustrating the comparison between the approved and proposed building GFA.

Financial Implications

S94 Contributions

It is considered that the residents of the site, particularly those in the independent living units, will make use of public community facilities, parks and the like. Therefore, they are likely to generate a demand for new and improved services and facilities so appropriate S94 contributions for the increase in dwelling numbers will be applied in accordance with Council’s Section 94 Plan.

Public Consultation

The Department of Planning and Infrastructure has sent out notification to adjoining and nearby neighbours in respect to the proposed modification. The exhibition period closes on 7 December 2012.

Other Staff Comments

Heritage Adviser

Council’s heritage adviser has not raised any significant issues with the proposed modifications, however, has stressed the importance of safeguarding the boundary walls and palisade fencing around the subject site.

Please refer to Attachment 3 for heritage comments.

Conclusion

In summary the proposed modification includes an additional fifteen (15) ILU’s and an additional (1) nursing home bed and the demolition of the serviced apartment building (49 apartments). This results in a net reduction of 34 dwellings. The proposal also involves the reduction in the number of separate buildings from 13 to 8, however, there will be some height increases to these new buildings.

The proposed height changes are generally acceptable except in relation to building B4 which should be lowered to the previously approved maximum RL of 61.60.

Development for which concept approval is sought will result in an additional proposed GFA of 6,615 sqm. This increase (16%) is due to the change in apartment mix with more two bedroom and two bedroom plus study apartments and larger circulation spaces. Although the overall density has increased the modification will result in a net decrease in the number of dwellings on the site (34).

Given the above, it is recommended that a submission be made to the Department of Planning and Infrastructure requesting minor changes to the modified scheme.

ATTACHMENTS

Attachment 1 View	Plans of Proposal	10 Pages
Attachment 2 View	Locality Map	1 Page
Attachment 3 View	Heritage Advice	1 Page

That Council lodge a submission to the Department of Planning and Infrastructure which recommends the following:

1/3 Building 4 should be reduced in height to achieve a maximum RL of 61.60.

2/3 The overall FSR for the proposal should be decreased by not less than 640m² or around 1.5% to reflect the reduction in building height of building B4.

3/3 The boundary walls and palisade fencing which surround and distinguish the site should be safeguarded with specific conditions requiring their retention and conservation.

Phil Sarin

Director Planning and Environment

NO.	DATE	PROPOSAL	DECISION
DA: 10.2007.2.1	04/04/2007	Alterations to the dual occupancy	Approved
DA 10.2011.100.1	15/02/2011	demolish the existing structures and construct a (3) three storey boarding house of 20 rooms.	Approved by LEC

Attachment 1 View	P&I Circulars: - Delegations and Independent Reviews of Plan-Making Decisions - Frequently Asked Questions	9 Pages
Attachment 2 View	P&I - A guide to preparing local environmental plans	38 Pages

Date	Monthly Return*	Quarterly Return*	Annual Return*	Two Years Return*	Three Years Return*
31/10/2012	5.03%	4.41%	5.09%	5.65%	5.82%
30/09/2012	4.30%	4.34%	5.03%	5.60%	5.77%
31/08/2012	3.94%	5.25%	5.21%	5.77%	5.79%
31/07/2012	4.90%	5.77%	5.27%	5.76%	5.75%
30/06/2012	7.18%	5.59%	5.21%	5.50%	5.69%
31/05/2012	5.13%	4.98%	5.54%	6.40%	4.83%
30/04/2012	4.04%	5.21%	5.66%	6.38%	4.78%
31/03/2012	5.69%	5.51%	6.01%	6.38%	4.79%
29/02/2012	5.75%	5.72%	6.20%	6.33%	4.85%
31/01/2012	5.02%	5.16%	5.98%	6.29%	4.83%
31/12/2011	6.31%	4.90%	6.07%	6.27%	4.76%
30/11/2011	4.29%	4.92%	6.25%	6.21%	4.80%

Applicant	Mr I McKenzie
Owner	Pembroke St Holding Company Pty Ltd
Lot/DP	LOT: 1 DP: 303772 and LOT: B DP: 361610
Date lodged	24 October 2012
Application Type	Local
Construction Certificate	Required but does not form part of this application
Section 94 Levy	Applies

Attachment 1 View	Investment Portfolio Oct2012	2 Pages
Attachment 2 View	Investment Graph Oct2012	1 Page
Attachment 3 View	Interest Income Graph Oct2012	1 Page
Attachment 4 View	ANZ CDO Report Oct 2012	10 Pages