19 September 2013

 

 

 

 

 

 

 

 

 

 

 

 

Dear Councillor/Sir/Madam

 

You are invited to attend an ORDINARY MEETING of Ashfield Council, to be held in the Council Chambers, Level 6, Civic Centre, 260 Liverpool Road, Ashfield on TUESDAY  24 SEPTEMBER 2013 at 6:30 PM.

 

 

 

 

 

 

 

 

 

 

 

 

 

SEE ATTACHED AGENDA


 

Ordinary Meeting - 24 September 2013

 

AGENDA

 

1.               Opening

 

2.               Acknowledgement of Local Aboriginal Community

 

3.               Apologies/Request for Leave of Absence

                   

4.               Condolence and Sympathy Motions

 

5.               Moment of Private Contemplation

 

6.               Disclosures Of Interest

 

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

(24/09/2013)

 

7.               Confirmation of Minutes of Council/Committees

 

Ordinary Meeting - 10/09/2013

Seniors’ Action Committee – 10/09/2013

Access Committee – 27/08/2013

Pratten Park Advisory Committee 06/06/2013

 

8.               Mayoral Minutes

 

Nil

 

 

9.               Notices of Motion

 

NM27/2013  SUPPORTING MS LILIANA TAI: REPRESENTING AUSTRALIA AT THE AUSTRALIAN SCHOOLS' DELEGATION TO THE HAGUE INTERNATIONAL MODEL UNITED NATIONS

 

NM28/2013  REFUND OF RATEPAYERS FUND

 

 

 

10.            Notice of Rescission Motion

 

NR6/2013     INFRASTRUCTURE FUNDING

 

 


 

 

11.            Staff Reports

 

10.1     DEVELOPMENT APPLICATION: 10.2013.111.1
99 SMITH STREET SUMMER HILL

 

10.2     DEVELOPMENT APPLICATION: 10.2013.052.1
30 CHANDOS STREET ASHFIELD

 

10.3     DEVELOPMENT APPLICATION: 10.2012.269.1
380-384 LIVERPOOL ROAD ASHFIELD, 38 MILTON STREET ASHFIELD, 36 MILTON STREET ASHFIELD

 

10.4     INVESTMENT REPORT AUGUST 2013

 

10.5     RESPONSIBLE ACCOUNTING OFFICER'S REPORT - AUG '13

 

 

12.            Closed (Public Excluded) Committee

 

 

13.            General Business

 

 

14.            Close

 

 

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 September 2013 NM27/2013

Finance Management>Donation

NOTICE OF MOTION OF WHICH DUE NOTICE HAS BEEN GIVEN BY

 

COUNCILLORS Alex Lofts, Lucille McKenna, Mark Drury and Jeanette Wang

 

 

SUPPORTING MS LILIANA TAI: REPRESENTING AUSTRALIA AT THE AUSTRALIAN SCHOOLS' DELEGATION TO THE HAGUE INTERNATIONAL MODEL UNITED NATIONS

     

 

To move Notice of Motion No. NM27/2013

 

Ms Liliana Tai has been chosen to be a member of the Australian Schools’ Delegation to the Hague International Model United Nations. This is a great honour and opportunity for Liliana who is an active and valued member of the Ashfield Council Youth Committee. The

Hague Model United Nations will be held in the Hague in early January 2014.

 

As a Local student and volunteer and as someone who works for the betterment of our community, Liliana deserves our support.

 

To quote from the attached endorsement letter:

 

Delegates have been selected from over 1,500 students in attendance at state and

territory conferences across the country. The delegates in the Australian Schools’

delegation were selected due to their nuanced understanding of international

relations, their strong leadership skills, and their creativity in approaching the

problems of their communities and their world.

 

In short, Liliana is a most worthy delegate who has already contributed significantly to the local area and is someone who has the potential to be a leader of the future.

 

Delegates are expected to fund their own travel costs and expenses (as outlined in the attached letter) and it is therefore appropriate for Council  to contribute to those expenses, as has been our practice.

 

Her trip will start at Paris, visiting Berlin, Munich and then on to The Hague.

 

 

 

ATTACHMENTS

Attachment 1View

UN YOUTH AUSTRALIA LETTER DATED 4 AUGUST 2013

1 Page

 

 


 

 

 

Accordingly, We move:-

 

That Council make an appropriate contribution Ms Liliana Tai, who has been selected as a delegate to The Hague International Model United Nations, to be held in January 2014.

 

 

 

 

 

 

 

 

Alex Lofts

 

 

 

Lucille McKenna

 

 

 

Mark Drury

 

 

 

Jeanette Wang

 

 

 

 

 


Attachment 1

 

UN YOUTH AUSTRALIA LETTER DATED 4 AUGUST 2013

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 September 2013 NM28/2013

Local Government Association

NOTICE OF MOTION OF WHICH DUE NOTICE HAS BEEN GIVEN BY

 

COUNCILLOR Julie Passas

 

 

REFUND OF RATEPAYERS FUND

     

 

To move Notice of Motion No. NM28/2013

 

Ashfield Council made thousands of dollars available to the Local Government Association to have local government constitutionally recognised by the Federal Government.

 

This move was abandoned when the Former Labor Prime Minister called the Federal election earlier than the initial date.

 

 

 

 

ATTACHMENTS

There are no supporting documents for this report.

 

Accordingly, I move:-

 

That the General Manager contact the appropriate body seeking a full refund of our ratepayers funds immediately.

 

 

 

 

 

Julie Passas

 

 

 

 

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 September 2013 NR6/2013

SAMP Funding

NOTICE OF RESCISSION BY

 

COUNCILLORS Edward Cassidy, Julie Passas, Max Raiola, Adriano Raiola and Vittoria Raciti

 

 

INFRASTRUCTURE FUNDING

     

 

That Council rescind the previous resolution in relation to Minute No. 326/13, Item CM10.1 – INFRASTRUCTURE FUNDING passed at the Ordinary meeting of Council held on 10 September 2013, namely:

 

1/6    That Ashfield Council requests the General Manager to progress work towards a potential Special Rate Variation application 2013/14 and a, NSW State Government Local Infrastructure Renewal Scheme application to address Ashfield’s aging infrastructure.  This should be done so that Council can conduct a thorough community consultation on the need to revitalise our infrastructure to meet the current and future needs of our residents.

 

2/6    That Council authorises the use of funds in our Infrastructure Reserve up to $150,000 to engage the necessary staff or expertise to develop a long term Infrastructure  Renewal and Revitalisation Plan.

 

3/6    That the long term Infrastructure Renewal and Revitalisation Plan include a consolidated and comprehensive list of all infrastructure needs. This list should have indicative costings and complement and expedite the work on the upgrade of the Ashfield Pool and the Ashfield Town Centre public domain strategy and improvements to Summer Hill and Haberfield Centres.  (Noting we have already made provision for stage three of the Croydon North revitalisation.)  Council notes we have recently called for a review of the Section 94 and 94A schedules.  This review should form part of the list.

 

4/6    That Council should utilise and engage all necessary financial expertise to ensure financial rigor and to synchronise the long term Infrastructure Renewal and Revitalisation Plan with the long term financial plan providing the necessary advice and support to develop proposals enabling meaningful community consultation. Should the community support the long term Infrastructure Renewal and Revitalisation Plan and further financial expertise is required then it should be obtained.  The financial expertise should also be directed to providing options to ensure that pensioners in our community are provided with real relief from any increase in rates.

 

5/6    That Council should utilise existing expertise and engage community consultants to ensure we conduct a real and meaningful consultation with our community,  consistent with our Community Consultation policy.


 

 

6/6    That following community consultation Council will determine whether our community supports a Special Rate Variation application 2013/14 and an application under the NSW State Government Local Infrastructure Renewal Scheme in order to address Ashfield’s infrastructure needs.

 

 

If successful, we intend to move:

 

That the General Manager bring a report to Council as a matter of priority detailing:

 

a)    the scope of the works assessed by Council staff and available in Council records to bring infrastructure up to the required standard of renewal;

b)   the cost of such works;

c)    the priority for such works to be encompassed;

d)   the scope of, and details of, grants that may be available from State and Federal Government.

 

 

ATTACHMENTS

There are no supporting documents for this report.

 

 

That Minute No. 326/2013 – CM10.1 Infrastructure Funding, be rescinded.

 

 

 

_____________________

Edward Cassidy

                                     

_____________________                                    _______________________

Julie Passas                                                           Vittoria Raciti

 

                                    

_____________________                                    _______________________

Adriano Raiola                                                       Max Raiola

  


Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 September 2013 CM10.1

Subject                            DEVELOPMENT APPLICATION: 10.2013.111.1
99 SMITH STREET SUMMER HILL

 

File Ref                            DA 10.2013.111.1

 

Prepared by                   Daisy Younan - Development Assessment Officer       

 

 

Reasons                          Matter requires Council determination

 

Objective                         For Council to determine the application

 

 

 


Overview of Report

 

1.0    Description of Proposal

 

Pursuant to Clause 78A(1) of the Environmental Planning and Assessment Act 1979 (as amended) (EPA Act) this application is seeking Council’s consent for alterations and additions to an existing mixed use development and the construction of a new two storey infill development on the vacant portion located at the western side of the existing building. The two storey infill development comprises one additional commercial unit on ground floor and one residential unit on the first floor. The overall development will result in a total of 2 commercial units on ground floor and 2 residential units at the first floor level.

 

Plans of the proposal are included at Attachment 1.

 

1.1    Background

 

The original scheme lodged with Council involved a lateral extension to the existing commercial tenancy at the ground level and the construction of two additional residential units resulting in a total of one commercial tenancy and three residential units for the entire development.

 

On 25th July 2013, the applicant was informed of a number of issues requiring further consideration, including the proposed floor space ratio, private open space, inadequate on-site car parking and potential flooding of the subject site.

 

On 07th August 2013, Council received revised plans amending the proposal.

 

2.0    Summary Recommendation

 

In response to the issues raised, the applicant has reduced the Floor Space Ratio (FSR) to now comply with Council requirements and has provided private open areas (i.e. balconies) for the proposed first floor residence.


 

 

The applicant has also provided justification in response to issues raised in respect of non-compliance with the car parking requirements of Part C11 of Ashfield DCP 2007. The provided justification is considered acceptable in this instance given the proximity of premises to public transport and public car parks and availability of on-street parking.

 

In respect of flooding, a flood impact assessment study, to determine the effects of the proposed development, has been requested to be submitted to Council given that the subject site is located within a stormwater flow path. The requested information has not been submitted and hence the proposed development is recommended for deferred commencement consent pursuant to S80(3) of the EPA Act subject to deferred commencement conditions requiring the submission of a flood impact assessment report. The deferred commencement conditions require the amended design not to have major modifications.

 

Background

 

3.0    Application Details

 

Applicant                               :         Filmer Architects Pty Ltd

Owner                                    :         Mr W & Mrs W Murr

Value of work                       :         $575,000

Lot/DP                                   :         LOT: A DP: 437936

Date lodged                          :         30/05/2013

Date of last amendment     :         N/A

Application Type                  :         Local

Construction Certificate     :         No

Section 94A Levy                :         Yes

 

4.0    Site and Surrounding Development

 

The subject site is located on the northern side of Smith Street, bounded by Fleet Street to the east and Lackey Street to the West. The site total area, as provided by the submitted survey plan prepared by Watson Buchan, is approximately 273.4m2. An existing two storey mixed use development is located on the site. Surrounding development comprises commercial and residential development. Refer to Attachment 2 for a locality map.

 

5.0    Development History

 

Previous building and development applications submitted to Council in the last 15 years for the subject site include:


 

 

Table 1

NO.

DATE

PROPOSAL

DECISION

10.2012.117

24/07/2012

Alterations and additions to the existing mixed use development including the construction of an attached and linked two storey mixed use development.

Refused

10.2004.59.1

03/05/2004

Change of use of ground floor of existing mixed use development to a delicatessen.

Approved

10.2003.242

12/02/2004

Alterations and additions to existing mixed use development.

Approved

 

Development application DA 10.2012.117 was submitted to Council on 08/06/2012 for a similar development. The application, in this instance, was refused consent on 24/07/2012 for the following reasons:

 

1.      The proposed development fails to comply with Council’s Floor Space Ratio (FSR) controls of Clause 17 and of Clause 40(2) of Ashfield LEP 1985.

 

2.      No objection under the provisions of State Environmental Planning Policy No. 1 has been provided justifying the non compliance with the FSR controls of clause No. 17 and Clause No. 40(2) of Ashfield LEP 1985.

 

3.      The proposed development fails to demonstrate compliance with the Access and Mobility and Universal Accessible Design requirements and Part C1 of Ashfield DCP 2007.  

 

4.      The proposed development fails to comply with Council’s Stormwater Management Code.

 

5.      The proposed development does not comply with the car parking requirements of Part C11 of Council’s DCP 2007.

 

6.      The proposed development, having a height of approximately 7.9m at the proposed first floor bedroom 2 and existing first floor bedroom 1, fails to comply with the height controls of Clause 2.4 of section 2- Part C14 of Ashfield DCP 2007 (Summer Hill Urban Village) which allows a maximum height of 7m.

 

7.      In employing a roof form that is not sympathetic to the existing roof form, the proposed development fails to comply with Clause No. 2.10 and Clause No. 2.9 of section 2 - Part C14 of Ashfield DCP 2007.

 

8.      The proposed first floor bay window does not match or sympathetically relate to the design characteristics of the first floor bay window of the existing building located on site which is contrary to the controls of Clause 2.15 and Clause 2.16 of section 2- Part C14 of Ashfield DCP 2007.


 

 

9.      The proposed first floor outdoor patio, given its proportion and depth into the building, does not provide adequate outdoor area for the proposed first floor residence which is not a sustainable living environment for the occupant;

 

10.    The location of the proposed first floor outdoor patio will adversely impact upon the amenity of the occupants of the existing first floor residence;

 

11.    The proposed development provides inadequate separation between the existing and proposed first floor residential units.

 

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

 

The submitted DA, the subject of this report, has adequately addressed the above reasons for refusal and hence a deferred commencement consent is recommended.

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 vicinity of a number of heritage items located at 108-124 Smith Street (even numbers only) and 128 Smith Street.

·    The property is located within the Summer Hill Urban Village Centre.

 

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)

 

A.   Clause No 17 specifies a maximum Floor Space Ratio for the zone in which the subject site is located as being 1.0:1.

 

However, Clause No 40(2) provides that:

 

“Council may grant consent for a mixed development building (being a building used for residential and commercial purposes) having a floor space ratio greater than the maximum allowed by clause 17 (Floor space ratios), if:


 

 

(a)   the floor space ratio does not exceed that maximum by more than 0.5:1, and

 

(b) the Council is satisfied that the additional floor area (being the floor area that would not be allowed by that maximum) is only used for residential purposes.”

 

Officer comments

 

The proposed Gross Floor Area (GFA) and Floor Space Ratio (FSR) comply with the maximum FSR allowed by Clause No. 40(2) of Ashfield LEP 1985 as indicated below:

 

·   Maximum FSR allowed by Clause No. 17 (not including the bonus gross floor area) is 1.0:1 (273.4m² of gross floor area);

 

·   Maximum FSR allowed by Clause No. 40(2) (including the bonus gross floor area for residential purposes) is 1.5:1 (273.4 + 136.7 = 410.1m² of gross floor area);

 

·   Proposed additional residential gross floor area is 116.74m2 which complies with bonus gross floor area allowed by Clause No. 40(2) for residential uses being 136.7m2.

 

·   Total proposed gross floor area is 406.85m² (1.49:1 of FSR)

 

B.   Clause No 37 of Ashfield LEP requires Council to assess and take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.

 

Officer comments

 

The application was reviewed by Council’s heritage adviser and no issues have been raised to the proposed development.

 

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.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

Basix certificates in accordance with Clause No. 3(1)(a) of the SEPP (BASIX) 2004 has been submitted as part of this application. Given that the proposal has modified to delete the ground floor residential unit and to modify the first floor residential unit, only one basix certificate, for the modified first floor residential unit, is required in this instance. A condition to that effect has been included in the recommendation.

 

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 from 27 June 2012 until 21 August 2012 and is a matter for consideration under S79C of the EPA Act 1979. The following compliance table outlines the proposal’s performance against the provisions of the Draft instrument.

 

Table 3

Draft Ashfield Local Environmental Plan 2012

Summary Compliance Table

Clause No.

Subject

Standard

Proposed

Compliance

1.2

Aims of Plan

(1) This Plan aims to make local environmental planning provisions for land in Ashfield in accordance with the relevant standard environmental planning instrument under section 33A of the Act.

(2) The particular aims of this Plan are as follows:

(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,

(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,

(c) to identify and conserve the environmental and cultural heritage of Ashfield,

(d) to provide increased housing choice in locations that have good access to public transport, community facilities and services, retail and commercial services and employment opportunities,

(e) to strengthen the viability and vitality of the Ashfield Town Centre as a primary centre for investment, employment, cultural and civic activity, and to encourage a majority of future housing opportunities to be located within and around the centre,

(f) to protect the urban character of the Haberfield, Croydon and Summer Hill urban village centres whilst providing opportunities for small scale, infill development that enhances the amenity and vitality of the centres,

(g) to encourage the revitalisation of the Parramatta Road corridor in a manner that generates new local employment opportunities, improves the quality and amenity of the streetscape, and does not adversely impact upon adjacent residential areas,

(h) to ensure that development has proper regard to environmental constraints and minimises any off and on site impacts on biodiversity, water resources and natural landforms,

(i) to require that new development incorporates the principles of ecologically sustainable development and water sensitive urban design.

The proposed development, in general, complies with the aims and objectives of the draft plan.

Yes

2.2

Zoning

Zone B2- Local Centre

The proposed mixed-use development is not considered contrary to the aims or objectives of B2 zone under the land use table of the draft LEP 2013.

Yes

4.1

Minimum subdivision lot size

N/A

N/A

N/A

4.3

Height of buildings

10m

8.8m being measured at the front facade.

Yes

4.4

Floor space ratio

1.5:1 (150%)

Being measured from the internal face of the external inclosing walls, the proposed FSR would be less than 1.49:1 and hence complies with the FSR requirements of the draft plan.

Yes

5.10

Heritage Conservation

 

5.10(4)

Effect on heritage significance

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

The subject site is located in what will be in a heritage conservation area, no issues have been raised by Council’s heritage advisor to the proposed development.

Yes

5.10(5)

 

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),

requires 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.

A heritage management document was not required in this instance 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:

Table 4

C1

ACCESS AND MOBILITY

Further details are required to determine compliance with the Universal Accessible Design requirements and Access and Mobility controls of Part C1 of Ashfield DCP 2007. A condition requiring compliance with design for access and mobility Australian Standard requirements has been included in the recommendation.

C14

SUMMER HILL URBAN VILLAGE

A.   The proposed development, having a height of approximately 7.9m  at proposed first floor bedroom 2 and existing first floor bedroom 1, fails to comply with the height controls of Clause 2.4 of section 2- Part C14 of Ashfield DCP 2007 (Summer Hill Urban Village) which allows a maximum height of 7m.

 

Applicant’s justification:-

 

The proposed height at the second/middle rooms is due to the proposed roof skylights which are required to allow light in these rooms;

 

The proposed height for the front parapet wall fronting Smith Street matches the existing height of the neighbouring row of terraces which is what has been recommended by Council’s heritage adviser.

 

Officer comments:-

 

The proposed height is not due to skylights but rather to roof form which involves the construction of roof windows. The proposed roof windows are not classified as skylights as they stand vertically approximately 700mm above roof plan. However, given the minimal visibility from Smith Street due to the proposed side parapet wall, which has been slightly reduced in length resulting in less bulk, the non compliance with the height controls is considered acceptable in this instance.

 

B.   In employing roof form that is not sympathetic to the existing roof form, it fails to comply with roof form controls as listed under Clause No. 2.10 and Clause No. 2.9 of section 2- Part C14. Clause 2.10(b) allows variation to the existing pattern of roof forms only where the parapet line is not disrupted and where the new roof is not visible from the street below or adjacent public areas.

 

Applicant’s justification:-

 

The applicant confirms that the proposed roof form, in having a skillion roof form, employing custom orb profile in colourbond finish which matches the surrounding buildings and being not visible from the street, is in compliance with guidelines of 2.9 & 2.10 of Part C14.

 

Officer comments:-

 

The non-compliance with the roof form requirements is considered acceptable in this instance for the following reason:

 

The adjoining property located at 52-54 Lackey Street has an eastern setback of approximately 2.4m allowing some visibility from Smith Street to the proposed two storey addition. This has been dealt with by concealing the proposed roof by presenting a parapet side wall to be constructed on the west elevation so that it is higher than that located on the eastern wall of the existing two storey building.

 

Given that the side parapet wall has been reduced in length resulting in an addition that is less bulky than that originally proposed while concealing the roof form, the proposed two storey addition will have less impact on the streetscape than original proposal. The proposed outcome will therefore achieve the objectives of the above controls.

 

C.   In respect of the first floor bay window, while it does not specifically match or relate to the design characteristics of the first floor bay window of the existing building, Council’s heritage adviser in this instance is of the view that it is acceptable.

 

C11

 

PARKING

 

Part C11 requires no additional car-parking spaces to be provided on site for development proposals that involve the use of existing gross floor area or a change of use to the existing gross floor area. This concession applies to development in the Summer Hill Urban Village Business Area along with other business areas in the Ashfield LGA.

 

 

The proposed development involves the construction of a new two storey addition attached and linked to the existing mixed use development located on the subject site comprising 1 additional residential unit and 1 additional commercial unit with a gross floor area of approximately 97.57m2 and hence would require the provision of car parking as follows:

 

 

1 car parking space for the residential unit and 2.4 car parking space for proposed additional gross floor area for commercial component.

 

Therefore 1 + 2.4 = 3.4 spaces rounded down to 3 spaces.

 

No car-parking spaces are proposed to be provided on site. The dimensions of the parcel of land which comprises the new addition are such that it would be virtually impossible to accommodate these spaces and still be able to viably develop the site. The proposed development does not therefore comply with the car-parking requirements of Part C11 of Ashfield Development Control Plan 2007.

 

 

Applicant’s justification:-

 

The non-compliance with the car parking requirements is considered justifiable in this instance given the proximity of premises to public transport, existing public car parks and the availability of on-street parking.

 

 

 

 

 

 

 

Officer comments:-

 

The applicant’s argument is considered acceptable.

C12

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

See Clause No. 7.7

 

It is considered the application, in general, achieves the objectives of the Ashfield DCP 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. Council’s building surveyor is not satisfied that the submitted plans provide adequate information as to the proposed fire separation between the two different classifications of building. A condition will be included in the development consent requiring the development to comply with the relevant provisions of BCA with respect to fire safety.

 

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, as conditioned, will not have any adverse impact on the built environmental.


 

 

7.6       The suitability of the site for the development

 

These matters have been considered as part of the assessment of the development application. The proposed development, provided it is constructed in accordance with the conditions of consent, is considered suitable in the context of the locality.

 

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

 

The proposal was notified to all adjoining and nearby affected property owners and occupants and Councillors from 05 June 2013 until 26 June 2013.

 

7.7.1          Summary of submissions

 

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

 

 

Submissions

David Rollinson

Ashfield & District Historical Society Inc

PO Box 20, Ashfield 1800

 

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

 

Issues raised

 

1.   The mimicking of the existing terrace 93-99 Smith Street by proposing the same above–awning Smith Street facade (brickwork, pebble-dash, timber ventilation louvers, parapet height) is not appropriate.

2.   The development of 99 Smith Street in the manner proposed will destroy the paired rhythm of 93 with 99 and 95 with 97 Smith Street, will not match the condition of the external materials/finish of this existing terrace at first floor level and will not have its 80 year plus patina.

 

Officer comments

 

The design of the proposed development has been reviewed by Council’s heritage adviser and no issues have been raised with respect to the treatment of the façade and streetscape rhythm of the proposed development. Obviously a new addition will not, at least initially, have an external patina which matches an 80 year old building.

 

7.8    The public interest

 

The proposed development, as conditioned, is not considered to be contrary to the public interest.


 

8.0    Referrals

 

8.1    Internal

 

Heritage Adviser

 

The application was reviewed by Council’s heritage adviser and no issues have been raised concerning the proposed development. Heritage comments are included in Attachment 4.

 

Building

 

Council’s building surveyor is satisfied that the technical aspects of compliance with the BCA can be addressed at the CC stage and hence relevant conditions of consent have been provided.

 

Engineering

 

The application has been referred to Council's engineering department for consideration. Issues have been raised in respect of the non compliance with the car-parking requirements of Part C11 of Ashfield DCP 2007.

 

In addition, the following issues have also been raised to the proposed development in respect of non-compliance with Council stormwater management policy.

 

(1) The site must drain via gravity means (sect 4.5 of Council's code).

(2) The site will be required to connect to the Sydney Water pipe in Smith St  (sect 4.9 of Council's code), not the kerb as currently shown.

 

(3) The existing site is located on a stormwater flow path and a flood impact assessment study will be required to be undertaken to determine the affects of this development.

(4) Stormwater OSD calculations are undersized and will need to be adjusted to incorporate the entire site.

 

Officer’s comments

 

The non-compliance with the car parking requirements is considered justifiable in this instance given the proximity of premises to public transport and public car parks and availability of on-street parking - further comments are provided in table 4.

 

With regard to the location of the site on a stormwater flow path and other issues raised by Council’s hydraulic engineer, it is recommended that these matters be addressed through deferred commencement conditions.

 

Environmental Health

 

The application was referred to Council's Environment & Health officer for consideration and relevant conditions have been provided.

 

9.0    Other Relevant Matters

 

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

 

10.0  Building Code of Australia (BCA)

 

A Construction Certificate will be required to be applied as a condition of consent.

 

Financial Implications

The proposed development will attract contribution levies under S94 of the EPA Act, relevant conditions will be imposed on development consent.

 

Other Staff Comments

See Section 8.1 of this report.

 

Public Consultation

See Section 7.7 of this report.

 

Conclusion

 

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

 

The proposal is generally acceptable and is recommended for deferred commencement consent.

 

ATTACHMENTS

Attachment 1View

Plans of Proposal

8 Pages

 

Attachment 2View

Locality Map

1 Page

 

Attachment 3View

Heritage Advice

1 Page

 

Attachment 4View

Conditions

17 Pages

 

Attachment 5View

Submission

2 Pages

 

 

 RECOMMENDATION

That Council as the consent authority pursuant to Clause 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) grant a deferred commencement consent for Development Application No. 10.2013.111 alterations and additions to an existing mixed use development and the construction of a new two storey infill development on the vacant portion located at the western side of the existing building at Lot A in DP: 437936, known as 99 Smith Street, Summer Hill, in accordance with the attached conditions.

 

Phil Sarin

Director Planning and Environment  


Attachment 1

 

Plans of Proposal

 


 


 


 


 


 


 


 


Attachment 2

 

Locality Map

 


Attachment 3

 

Heritage Advice

 


Attachment 4

 

Conditions

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Attachment 5

 

Submission

 


 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 September 2013 CM10.2

Subject                            DEVELOPMENT APPLICATION: 10.2013.052.1
30 CHANDOS STREET ASHFIELD

 

File Ref                            DA 10.2013.052.1

 

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 for alterations and additions to an existing boarding house including associated car parking and landscaping works.

 

Specifically, the proposal involves alterations and additions to an existing two storey boarding house consisting of 10 rooms which is licensed for 12 beds.

 

The proposal as currently before Council, presented in amended plans dated July 2013, would result in a three storey boarding house providing the following:

·    20 boarding rooms for a total of 22 beds including one manager (16 with ensuite bathrooms & 17 with kitchenette);

·    2 communal lounge areas;

·    1 communal dining area/kitchen;

·    1 communal laundry;

·    3 communal bathrooms/WCs;

·    1 communal WC;

·    Communal courtyard;

·    5 car parking spaces (including 1 accessible);

·    4 motorcycle parking spaces; and

·    Associated landscaping.

 

Plans of the proposal are included at Attachment 1.

 

2.0    Summary Recommendation

 

Although the proposal broadly complies with applicable planning controls, the site is constrained by its context, in particular its relationship with the adjacent development which includes a single storey detached dwelling to one side and a heritage listed low scale town house development on the other.


 

To ensure the minimisation of adverse impacts upon these properties (relating to privacy, scale, built form and excessive hard paved area), it is recommended that the proposal be reduced in scale by way of the deletion of the third storey and a commensurate reduction in the number of rooms and residents along with further refinement of the site planning to increase landscaping and reduce neighbouring impacts.

 

It is considered that the proposal would be acceptable if these measures are applied. Accordingly, the application is recommended for deferred commencement consent approval requiring the appropriate modifications of the proposal.

 

Background

 

3.0    Application Details

 

Applicant                               :         Mr P Karbone

Owner                                    :         PGFK Enterprises Pty Ltd

Value of work                       :         $1,760,000

Lot/DP                                   :         LOT: 1 DP: 169164

Date lodged                          :         02/04/2013

Date of last amendment     :         July 2013

Building classification        :         3             

Application Type                  :         Local

Construction Certificate     :         No

Section 94 Levy                   :         Yes

 

4.0    Site and Surrounding Development

 

The subject site is located on the western side of Chandos Street, bounded by Cecil Street to the south and Julia Street to the north-east.  The site area is approximately 728 square metres.  An existing boarding house is located on the site.  Surrounding development comprises a single storey detached dwelling to the south and a multi-unit development to the north which is listed as a local heritage item under Council’s LEP 1985.  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

Determination

6.1985.184

13.065.1985

Garage

Approved

6.1972.8319

21.01.1972

Enclose first floor verandah and WC

Approved

6.1967.6327

11.07.1967

Not available

Approved

 


 

 

The existing building has been licensed as a boarding house since at least 15 July 1977 for a total of 12 boarders.

 

Assessment

 

6.0    Zoning/Permissibility/Heritage

 

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

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

 

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 with the exception of the impacts generated through the proposed third level.

 

7.1.2 Regional Environmental Plans

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

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

 

7.1.3 State Environmental Planning Policies

 

State Environmental Planning Policy No. 1 – Development Standards

 

No variation of development standards is proposed by the application.

 

State Environmental Planning Policy No. 55 – Remediation of land

 

Due to the long and continuous residential use history of the site, remediation of the site is not considered necessary prior to the carrying out of the proposed development.


 

 

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

 

The proposal as originally lodged consisted of more than two storeys and four or more dwellings (given that most of the proposed boarding rooms have both a kitchen and a bathroom) and as such meets the definition of a residential flat building under SEPP 65. As such, the proposal was referred to Council’s SEPP 65 adviser for comment (see Attachment 4).

 

This assessment concluded that the rear part of the proposed building is poorly resolved aesthetically.

 

Notwithstanding that the application of the proposed deferred commencement conditions would reduce the building to two storeys and outside the domain of SEPP 65, it is considered that the deletion of the topmost storey and its replacement with a more conventional roof would remove some of the most aesthetically awkward elements and result in a building of more acceptable architectural unity.

 

State Environmental Planning Policy (Affordable Rental Housing) 2009 (ARH SEPP)

 

The application has been made under the provisions of Division 3, Boarding Houses, State Environmental Planning Policy (Affordable Rental Housing) 2009. An assessment follows below:

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

Division 3: Boarding Houses

Summary Compliance Table

Clause No.

Clause

Standard

Proposed

Complies

26

Land to which policy applies

This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones:

(a) Zone R1 General Residential,

(b) Zone R2 Low Density Residential,

(c) Zone R3 Medium Density Residential,

(d) Zone R4 High Density Residential,

(e) Zone B1 Neighbourhood Centre,

(f) Zone B2 Local Centre,

(g) Zone B4 Mixed Use.

R3 Medium Density Residential

Yes

27

Development to which Division applies

(1) This Division applies to development, on land to which this Division applies, for the purposes of boarding houses.

(2) Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone in the Sydney region unless the land is within an accessible area.

(3) Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use or within a land use zone that is equivalent to any of those zones.

Boarding house proposed in R3 Medium Density Residential zone

Yes

28

Development may be carried out with consent

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

Development consent is sought

Yes

29

Standards that cannot be used to refuse consent

29(1)

 

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

29(1)(a)

 

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

 

Max. FSR: 0.7:1

N/A

N/A

29(1)(b)

 

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

N/A

N/A

29(1)(c)

 

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

Boarding house proposed in R3 Medium Density Residential zone

(residential flat buildings permitted)

Applies

29(1)(c)(i)

 

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

 

·    Max. FSR: 1.25:1

0.8:1

Yes

29(1)(c)(ii)

 

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

N/A

N/A

29(2)

 

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

29(2)(a)

Building Height

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

 

·    3 storeys; and

·    9.0m to ceiling of topmost floor

·    3 storeys; and

·    8.38m to ceiling of topmost floor

Although technically compliant with this clause, it is considered that the height is excessive due to overshadowing, privacy and bulk and scale impacts.

Yes

29(2)(b)

Landscaped Area

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

No gross floor area above the ground floor proposed.

N/A

29(2)(c)

Solar Access

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

The ground floor communal living room and the first floor communal dining room satisfy this requirement.

Yes

29(2)(d)

Private Open Space

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

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

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

·    Private open space: 36m2 min. Dimension 3.5m

·    Manager’s private open space: 12m2, min. Dimension 3m.

Yes

29(2)(e)

Parking

if:(i) in the case of development in an accessible area—at least 0.2 parking spaces are provided for each boarding room, and

 (iii) in the case of any development—not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site,

 

·    Site is less than 700m from Ashfield Railway Station and is considered to be in an “accessible area”.

·    4 spaces required plus

·    1 space for the on-site manager.

 

5 spaces proposed including 1 accessible space.

 

Note: if deferred commencement condition of consent applied reducing rooms to 16, then only 3 car spaces will be required, one of which must be accessible.

 

Note: on-site manager not required if number is less than 20.

 

 

Yes

29(2)(f)

Accommodation Size

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

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

(ii) 16 square metres in any other case.

 

All rooms comply with this requirement.

Yes

29(3)

 

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

Number of rooms with:

·    Private bathroom & kitchen: 14;

·    Kitchen only: 3;

·    Bathroom only: 2;

·    No bathroom/kitchen: 1

Yes

29(4)

 

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

Development complies with all above standards and as such issue does not arise.

Noted

30

Standards for Boarding Houses

30(1)

 

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

30(1)(a)

 

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

On communal dining room and two communal lounges are provided.

Yes

30(1)(b)

 

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

Largest room is 19m2.

Yes

30(1)(c)

 

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

No rooms propose more than 2 lodgers.

Yes

30(1)(d)

 

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

Only 4 rooms do not have a private bathroom. These are serviced by two individual bathrooms and one toilet.

Yes

30(1)(e)

 

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

Capacity: 21 lodgers (not including manager)

 

Manager’s room provided

Yes

30(1)(f)

 

(Repealed)

 

 

30(1)(g)

 

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

N/A

N/A

30(1)(h)

 

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

·    4 spaces required

4 spaces provided

Yes

30(2)

 

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

N/A

N/A

30A

Character of Local Area

A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

The proposed three level building, although in the vicinity of other three level residential flat buildings, is located immediately adjacent to a single storey dwelling and a two storey town house development. The proposal is also an addition to a finely proportioned and substantial existing two storey freestanding Victorian house. The town house development is listed as a heritage item and is unlikely to change while the dwelling house has been substantially renovated and is also unlikely to be redeveloped in the immediate future.

Given this, it is considered that the 3 storey nature of the proposal is out of character with both the development on the immediately adjacent sites and also with the existing Victorian house on the subject site.

To address this, it is recommended that the application be granted deferred commencement consent subject to the removal of the third level.

No

(can be addressed by way of deferred commencement consent)

52

No Subdivision of Boarding Houses

A consent authority must not grant consent to the strata subdivision or community title subdivision of a boarding house.

No subdivision proposed.

Yes

 

As demonstrated in the above table above table, the proposed development satisfies all the provisions of SEPP (Affordable Rental Housing) 2009 except for cl. 30A, Character of Local Area.

 

The proposed three level building, although in the vicinity of other three level residential flat buildings, is located immediately adjacent a single storey dwelling and a two storey town house development. The proposal is also an addition to a finely proportioned and substantial existing two storey freestanding Victorian house. The town house development is listed as a heritage item and is unlikely to change while the dwelling house has been substantially renovated and is also unlikely to be redeveloped in the immediate future.

 

Given this, it is considered that the 3 storey nature of the proposal is out of character with both the development on the immediately adjacent sites and also with the existing Victorian house on the subject site.

 

To address this, it is recommended that the application be granted deferred commencement consent subject to the removal of the third level.

It is also important to note that it is not proposed to reduce the number of rooms in the existing boarding house. As a result, no monetary contributions for the loss of affordable rental housing are required.

 

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 2013 (Draft ALEP 2013) was placed on public exhibition on 27 June 2012 and endorsed by Council on 28 March 2013 for referral to the Department of Planning and Infrastructure under section 59 of the Environmental Planning and Assessment Act 1979 and is a matter for consideration. The following table summarises the compliance of the application with Draft ALEP 2013.


 

 

Draft Ashfield Local Environmental Plan 2013

Summary Compliance Table

Clause No.

Clause

Standard

Proposed

Complies

2.3

Zone objectives and land use table

Zone R3 Medium Density Residential

Boarding House

Yes

4.1

Minimum subdivision lot size

N/A

Existing – no change

N/A

4.3

Height of buildings

12.5m

9.6m

Yes

4.4

Floor space ratio

0.7:1

0.8:1

No (however, ARH SEPP allows additional 0.5:1 FSR above existing)

 

As demonstrated in the above table above table, the proposed development generally satisfies all the provisions of Draft ALEP 2012 with the exception of FSR provisions.

 

7.3       The provisions of any Development Control Plan.

 

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

 

C1

ACCESS AND MOBILITY

Complies.

The ground floor is accessible and 3 accessible rooms along with two accessible bathrooms.

C5

 

MULTI-UNIT DEVELOPMENT IN RESIDENTIAL FLAT ZONES

Complies where applicable.

This part does not specifically apply to boarding houses as a separate and distinct form of residential development. Nevertheless, the proposal has been assessed against it where relevant.

C10

HERITAGE CONSERVATION

The proposal has been assessed as generally acceptable by Council’s heritage adviser subject to conditions.

C11

PARKING

Complies.

Required:

·    1 bicycle space/4 rooms (5 spaces)

·    Car parking on merit (defer to SEPP)

 

Provided:

·    5 bicycle spaces

·    5 car spaces (as per SEPP)

 

Note: if deferred commencement condition of consent applied reducing rooms to 16, then only 4 bicycle spaces will be required.

C12

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

The application has been notified in accordance with this policy.

C18

BOARDING HOUSES

Complies.

It is considered that the application generally complies with the provisions of this part.

 

 

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.  It is considered that the proposed development will have no significant adverse environmental, social or economic impacts upon the locality subject to removal of the third level addition and other recommended amendments.

 

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 subject to amendments.

 

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

 

The proposal was notified to all adjoining and nearby affected property owners and occupants, and Councillors from 4 April 2013 until 30 April 2013.

 

7.7.1          Summary of submissions

 

15 submissions (Attachment 5) were received during the notification of the development application:

 

Submission Issue

Assessing Officer’s Comment

Loss of privacy to 32 Chandos Street.

Conditions have been applied to the consent requiring the lower half of any side facing windows at an upper level to be fixed shut and fitted with translucent glazing to address this issue.

In addition, conditions have been applied to the consent requiring a high, 2.2m lapped timber boundary fence to the boundary with 32 Chandos Street which would significantly improve privacy over the current situation by making it impossible to look through the fence and much more difficult to look over it.

Noise and pollution related to car park at rear of site.

The extent, location and quantity of car parking is unlikely to cause unreasonable amenity impacts (as addressed in the applicant’s acoustic report) and is, in any case, the minimum which is required under the applicable planning controls and within the tolerances for medium density zoned residential land. Despite this, conditions will be applied to any consent to moderate the impacts as follows:

·       Reduction of the number of units to 16 will reduce the number of car parking spaces to 4 which will allow more landscaping on the common boundary to create greater separation.

·       A condition has been placed on the consent requiring a lapped and capped fence be provided for the full length (behind the building line) of the boundary with 32 Chandos Street to a height of 2.2m which will assist with reducing noise impacts.

Noise from increased number of residents.

The number of residents is less than the maximum which would be permitted by the applicable density controls for the site. Ameliorating factors include:

·     Requirement for a 2.2m high lapped boundary fence to the north; and

·     Provision of more generous and comfortable internal common lounge areas (on both sides of the building) to minimise external noise.

·     The noise likely to be produced by this development is within the tolerances for medium density zoned residential land.

·     Note that the approved maximum occupancy will be reduced from the originally proposed 22 to 18 (the existing provision is for 12 occupants).

·     The requirements of the acoustic report will be included as conditions of consent.

Noise and light nuisance for 23 Chandos St from lounge room located adjacent northern boundary.

The location of the lounge room and courtyard is dictated by the SEPP (Affordable Rental Housing) which requires the common lounge area to be north facing. Although the noise levels should not be unacceptable for a standard (as addressed in the applicant’s acoustic report), the following conditions will be applied to minimise adverse impacts:

·       2.2m high lapped and capped northern boundary fence;

·       Pergola over courtyard with polycarbonate roofing;

·     Conditions of operation as recommended in acoustic report requiring windows and doors closed by 10pm and no use of the outdoor space after that time.

·     Lighting to be directed downwards.

Anti-social behaviour and inappropriate language which would be exacerbated by an increase in number of occupants.

The redevelopment of the site would render the property uninhabitable during the renovations and result in current tenants moving out at least for the duration of construction. It is likely that the improved amenity of the renovated building would attract a higher rental a different tenant mix.

Note that the proposal makes provision for an on-site manager which would also assist in the supervision of tenants.

Pressure on parking in the street.

The quantity of parking proposed is in accordance with that required by State Environmental Planning Policy (Affordable Rental Housing) 2009.

An increase to 22 residents is excessive.

The capacity of the proposal is recommended to be reduced to 18 by way of condition of consent.

Excess height will be overbearing and impact negatively on local views.

The height of the proposal is recommended to be reduced to no more than two storeys by way of deferred commencement condition of consent.

Less natural light to 32 Chandos Street.

Given that 32 Chandos Street is located to the north of the proposal, there will be no impact upon its solar access.

Non-glazed windows unacceptable.

All windows will be glazed.

Motorbike parking near the fence will create noise nuisance.

Conditions will be applied to any consent to require motorbikes to be parked to the rear of the property away from the fence with 32 Chandos Street.

Lack of ground floor plans in notification set.

It is not Council policy to distribute internal plans of residential properties with notification. Nevertheless, internal ground plans were available for viewing at the Council customer service centre.

Overdevelopment.

Although the proposal complies with the applicable height and floor space controls for the site, conditions of a deferred commencement consent will require it to be reduced in height from 3 to 2 storeys thereby reducing floor space and the number of occupants from 22 to 18.

Front verandah should be enclosed (perhaps with glass) to prevent inappropriate behaviour and abuse of passing pedestrians by tenants.

This would not be considered sympathetic to the architecture of the original Victorian dwelling.

Trespass upon 32 Chandos by boarding house tenants to use bins due to inadequate bin provision.

The proposal includes adequate allowance for bins which is consistent with Council requirements.

Inadequate trees and landscaping.

Although the proposal includes some landscaping at the sides and particularly at the rear, it does not include any new canopy trees. Conditions will be applied to require the planting of several new canopy trees to the rear of the site.

Inadequate detail shown of 28 Chandos Street and shadow impacts.

The applicant has amended the plans to adequately show the footprint of the subject property and the overshadowing impact upon this adjacent property (with suitable elevational shadow diagrams which distinguish between existing and proposed shadows).

Shadow diagrams show unusual times and do not include 9am and 3pm.

The applicant has since provided detailed shadow diagrams showing the shadows cast at hourly intervals from 9am to 3pm.

Encroachment of existing garage on development site not shown on plans.

It is proposed to demolish the existing garage. Note that conditions will be applied to any consent restricting work to within the boundaries of the site only and will also require check surveys.

No fencing details are shown.

Boundary fencing is generally exempt from requirement for development consent (if it meets certain criteria – e.g. 1.8m height limit, etc) and is frequently not included on application plans. In this instance, conditions will be applied to any consent in respect of the boundary fencing on the northern boundary of the site.

Car access to car park 6 may not be workable.

This space has been deleted in the most recent amendment to the plans. A further reduction in car parking spaces to align with a reduction in the number of rooms will further improve car park circulation.

3D montage does not represent scheme currently proposed.

Although the 3D montage may not accurately represent the lodged scheme, it does not accurately reflect the amended scheme or that which would be recommended for approval by way of deferred commencement consent. This supplementary (rather than required) information would not form part of the set of plans which would be stamped with any consent.

The SEE misrepresents the amount of landscaping to be retained along the southern boundary.

Noted.

Use of the drying area and courtyard is not recommended as a communal area.

Conditions have been included which, although not restricting the use of this area for communal purposes, will require it to be vacated after 10pm. In addition, a high lapped timber fence and a covered pergola are required reduce acoustic impacts from this area.

Inadequate sunlight to 28 Chandos St living room windows.

The shadow diagrams indicate that the required 3 hours of solar access between 9am and 3pm is received by the living room window in mid winter.

The southern side of the upper storey should be removed because of its unacceptable shadow impact upon both the private open space and living room windows of 28 Chandos Street.

A deferred commencement condition of consent requires that the third level be removed from the proposal.

The extent of the building to the rear of the site results in the longest building in the vicinity.

The rear extent of the proposal is similar to or less than that at the following properties:

·       32 Chandos St

·       28 Chandos St

·       26 Chandos St

·       24 Chandos St

It is thus not considered out of character with that of nearby residential properties.

Excessive overshadowing of 28 Chandos Street due to excessive length.

The shadow diagrams show that the rear private open space of 28 Chandos Street will receive adequate solar access consistent with Council’s controls.

Northern neighbours will not be able to “look around” proposed structure.

This is not a requirement of any of the applicable planning controls.

The neighbour to the rear will be severely overlooked.

Conditions have been included which require translucent fixed glass to the lower panels of any upper level windows.

Length of driveway and inadequate boundary planting will adversely impact upon property to the south due to excessive vehicle movements.

The proposed driveway is effectively the same length as currently exists. A 500mm strip of boundary planting has been provided with climbers and lomandra. A wider planting strip is unlikely to improve amenity and higher plants may result in overshadowing so it is considered that the existing solution is the most appropriate. Note that the recommended reduction in scale will result in a requirement for fewer car parking spaces and vehicle movements.

Motorcycle parking to the front side of building will create noise nuisance to the bedroom of 28 Chandos Street.

A condition has been included which requires these spaces to be relocated to the rear of the site.

Driveway gates will create a noise nuisance to bedrooms at 28 Chandos Street.

The proposed gates have been recommended for deletion via a condition of consent.

Unsuitable for pedestrians to share driveway with vehicles.

There are two pedestrian access points at the front of the site.

Single width driveway presents safety issues with arriving and exiting vehicles.

Note that a passing bay has been provided at the front of the site. This is considered satisfactory by Council’s traffic engineer.

Existing stormwater issues on the site which the proposal may worsen.

Resolution of stormwater issues will be a requirement of a deferred commencement consent.

Overlooking of adjacent properties.

To address this, conditions of consent will require any side/rear facing windows to be fitted with fixed translucent glass with a minimum sill height of 1.6m.

Rear entrance inappropriate.

The rear entrance is clearly intended for access to and from the parking area. There are two other entry points at the front of the building which would typically be used by pedestrians coming to the site.

Inadequate landscaping.

Conditions of consent will require lesser parking (due to the reduction in room numbers) and that one of the rear parking spaces and the resultant excess circulation space turned into landscape area with canopy tree planting.

3 storey building not in character with adjacent buildings.

Agreed. Deferred commencement conditions of consent will limit the proposal to two storeys.

Additions not sensitive in scale to existing Victorian house.

Agreed. Deferred commencement conditions of consent will limit the proposal to two storeys.

The aesthetics and details are uncoordinated and poor.

Agreed. Deferred commencement conditions of consent altering the roof form will assist in producing a simpler and improved aesthetic. The detailed resolution, although not of a high level of architectural refinement, is considered appropriate for the context and purpose.

Front balcony should not be used for smoking.

This space is external and it is not considered appropriate to limit smoking in external places.

Northern courtyard should not be used after 10pm.

Conditions have been applied to this effect.

Pedestrian entry should be via the main Chandos Street entry.

This is the most obvious and easiest entry and as such is likely to be the most commonly used. It is thus not considered necessary to condition the use of any particular entry point in any particular manner.

No large pets should be permitted.

This is a matter for the management of the boarding house.

Parking spaces should be reduced to less than 5 and boarding rooms to less than 20.

Conditions of consent have reduced the parking spaces to 3 and the boarding rooms to 16.

The rear setback should be increased to at least 11m.

The current setback is considered appropriate given the rear setback pattern of the majority of surrounding development.

The third storey should be removed.

Deferred commencement conditions of consent require the deletion of the third storey.

Motorcycle parking should be at rear of property.

This is required by condition of consent.

More acoustic and visual privacy elements must be provided.

Conditions have been applied requiring:

·      High lapped northern fence;

·      Significantly more planting including canopy trees near the side boundaries at toward the rear of the site;

·      Translucent fixed glass on upper level windows;

·      Pergola enclosure over common courtyard area;

·      Conditions limiting use of outdoor areas late at night.

Stormwater detention system must be provided.

Conditions of consent require compliance with Council’s Stormwater Code.

Driveway gates should be deleted.

Required by condition of consent.

Current boarding house does not have an operation plan of management.

Required by condition of consent.

Too many boarding houses in Ashfield.

The application cannot be refused on this basis.

 

7.8    The public interest

It is considered that matters of the public interest have been taken into consideration in the assessment of the proposal and have been addressed in recommended deferred commencement consent conditions.

 

8.0    Referrals

 

8.1    Internal

 

Internal Referrals

Officer

Comments

Support

Building Surveyor

Supported subject to conditions.

Yes

Traffic Engineer

Supported subject to conditions.

Yes

Stormwater Engineer

Supported subject to deferred commencement conditions.

Yes

Environmental Health

Supported subject to conditions.

Yes

Tree Officer

No objection provided side boundary landscaping is continuous to the rear boundary.

Yes

Heritage Architect

Supported subject to conditions:

·      The unsupported corner above the side driveway entrance has been given arched edges but there is no corner pier supporting the arches as requested. 

·      The side driveway gates to have a straight top matching the front fence, not curved as drawn. 

Yes

SEPP 65

No objection raised subject to better resolution of aesthetic treatment of rear part of building – addressed by way of deferred commencement conditions of consent.

Yes

 

9.0    Other Relevant Matters

 

Section 94 Contribution Plan

 

The proposal, if approved with 18 beds as per the recommended deferred commencement conditions, would generate the following section 94 contributions:

Community Infrastructure Type

Contribution

Local Roads

$286.60

Local Public Transport Facilities

$2,099.57

Local Car Parking Facilities

$0.00

Local Open Space and Recreation Facilities

$0.00

Local Community Facilities

$2,280.74

Plan Preparation and Administration

$1,677.57

TOTAL

$6,344.49

 


 

 

10.0  Building Code of Australia (BCA)

 

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

 

Financial Implications

 

Refer to Section 9.0.

 

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.

 

Although the proposal complies with the broadly applicable planning controls, the site is constrained by its context, in particular its relationship with the adjacent existing developments. To ensure the minimisation of adverse bulk, scale and privacy impacts upon these properties, it is recommended that the proposal be reduced in scale by way of the deletion of the third storey and a commensurate reduction in the number of rooms and residents. This will also improve the functionality of the site in terms of vehicular circulation and permit better provision of landscaping.

 

It is considered that the proposal would be acceptable should these measures be applied. Accordingly, the application is recommended for deferred commencement conditional approval requiring the modification of the proposal along these lines.


 

 

ATTACHMENTS

Attachment 1View

Plans of Proposal

9 Pages

 

Attachment 2View

Locality Map

1 Page

 

Attachment 3View

Heritage Advice

1 Page

 

Attachment 4View

SEPP 65 Report

5 Pages

 

Attachment 5View

Conditions

21 Pages

 

Attachment 6View

Submissions

29 Pages

 

 

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) grant deferred commencement consent to Development Application No. 10.2012.52 for alterations and additions to an existing boarding house on Lot 1 in DP: 169164, known as 30 Chandos Street, Ashfield, 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

(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).

Generally complies.  It is considered that the carrying out of the proposed development will meet the aims and objectives of Ashfield LEP 1985 subject to the proposed amendments addressed through deferred commencement consent conditons.

 

CLAUSE 10

Zoning

Complies. 

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

CLAUSE 10A

Development consent required for change of building use and subdivision

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


CLAUSE 17

Floor space ratios

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

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

Does not comply.

Site Area               = 728m2

Proposed FSR      = 0.8:1

Maximum FSR       = 0.75:1

 

Nevertheless, complies by way of the operation of SEPP (Affordable Rental Housing) which provides a maximum FSR for the site of 1.25:1.

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)”.

Complies.

 

Proposed Height   = 8.38m

Allowable Height    = 9.0m

CLAUSE 29

Provision for public amenities and services

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

CLAUSE 30

Heritage provisions – aims

The aims of this Part are:

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

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

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

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

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

 


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, subject to proposed amendments.

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

Parking complies with provisions of the SEPP (Affordable Rental Housing) 2009

8 – Preservation of trees

No removal of significant trees proposed.

17 – Residential flat buildings - setbacks

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

N/A

 


 

 

COMPLIANCE TABLE – DCP PART C5 – MULT-UNIT DEVELOPMENT

 

PART 1

Objectives

Complies.  DCP #1 has been used in the assessment of this application.  It is considered that the carrying out of the proposed development will generally meet the objectives of DCP #1.

PART 2

Residential Design Process

Complies.  A site analysis has been submitted and a pre-lodgement meeting held. It is considered that the development has been designed with regard to the site analysis, advice received in the pre-lodgement meeting and the provisions of this part.

 

PART 3

Preferred development

Ashfield’s Housing Character

Complies.  It is considered that the carrying out of the proposal will be in keeping with the existing residential character of Ashfield Municipality, subject to deferred commencement conditions.

 

Streetscape and Landscape

Complies.  An assessment of the streetscape has been provided with the development application that gives appropriate regard to the provisions of this part, subject to deferred commencement conditions.

 

 

Fences and Walls

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

 

Heritage Conservation

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

PART 4

Housing Density

Floor Space Ratio

Proposed FSR of 0.8:1 over the current allowable FRS of 0.5:1, however, it is consistent with the SEPP (Affordable Rental Housing) 2009 maximum allowable 1.25:1.

PART 5

Building Envelope, siting and solar access

Front Setback

Complies.  No change to existing

 

Orientation and Siting

Complies.

 

Building Height

Complies. Number of levels proposed = 3

                                   

Solar Access

Complies. Sunlight will reach at least 50% of the private open space on the site and on adjoining sites for a minimum of 3 hours between 9am – 3pm on 21 June.

 

Complies. Existing solar access is maintained to at least 40% of the glazed area of north facing living room windows of the dwellings on adjoining sites.

PART 6

Privacy, views & outlook

Visual privacy

Conditions of consent have been recommended to improve privacy impacts.

 

Acoustic privacy

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

 

Views and Outlook

Complies. The development has an open outlook to an area of landscaping or open space as required by the SEPP.

PART 7

Car-parking

Numerical requirements

Complies with provisions of the SEPP.

 

Design and location

Complies.

 

Appearance

Complies.

PART 8

Open Space and Landscaping

Private and Communal Open Space

Complies with provisions of the SEPP.

 

Landscaping

Complies with provisions of SEPP.

 

Tree Preservation

Complies. The proposal has retained as many trees as possible.

Conditions of consent require the planting of several additional canopy trees.

PART 9

Safety and Security

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

PART 10

Design for climate

Energy Conservation

Complies. The proposal provides north facing windows where possible.

 

Water conservation

Water conservation measures can be required by condition of consent.

 

Air movement

Complies.

 

Services, lighting and appliances

Complies.

 

Noise on traffic routes

Complies.

PART 11

Stormwater drainage

Does not comply. Deferred commencement consent conditions recommended addressing this issue.

PART 12

Site Facilities

Waste management

Complies.  The proposed location of the garbage collection storage area and bin collection point satisfies the provisions of this part. Locations is to be changed to more discrete area by way of condition of consent.

 

Contaminants

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

 

Mailboxes

Complies.  Provision of mail boxes by condition.

 

Clothes Drying

Complies.  The proposed location and size of the open air, communal clothes drying area is considered to satisfy the provisions of this part.

 

Television aerials

Complies.  Only one television reception device will be permitted.  This will be a condition of development consent.

PART 13

Special Housing Types

Complies.

 

 

 

Ashfield Development Control Plan 2007

Part C18, Boarding Houses

Summary Compliance Table

Clause No.

Clause

Standard

Proposed

Complies

2.3(a)

Building form and appearance

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; and

Proposal is not consistent with the character of adjacent properties (i.e. single storey detached dwelling and low rise townhouses) due to its three storey scale.

 

Removal of third storey would improve its compatibility. 

Yes – subject to deferred commencement conditions.

2.3(b)

Building form and appearance

must not adversely impact on adjoining properties through loss of privacy, overshadowing

noise and view loss.

Proposal overshadows private open space and living areas of property to the south and intrudes upon the privacy of adjacent properties due to overlooking from bedroom windows on the upper levels.

 

Removal of third storey would reduce overshadowing while translucent glass to windows would minimise overlooking.

Yes – subject to deferred commencement conditions.

2.4

Sustainability, Energy Efficiency & Solar Access

·    Use of materials and insulation which assist with natural heating and cooling;

·    Location of windows and doors to assist with cross-flow ventilation;

·    Installation of larger windows for maximisation of natural light in north/north-eastern elevations;

·    Use of shade devices and landscaping on the western elevations;

·    Use of building materials with thermal mass that allows control of rapid heat transfer;

·    Installation of rainwater tanks;

·    use of plantation timber for new buildings and structures;

·    recycling of household waste;

·    establish gardens to grow produce

·    location of buildings so that solar access to at least 50% of private/communal open

·    space areas and principal living area windows is achieved for at least and no less than 3hours between 9am and 3pm during the winter solstice (21 June).

·    avoiding overshadowing of an adjoining property where existing solar access to living areas and landscaped outdoor space to that property is less than two hours between 9am and 3pm during the winter solstice

Proposal incorporates some of these features including:

·    north facing living areas and living area windows;

·    some rooms with a northern aspect;

·    north facing private open space;

·    cross ventilated rooms where possible;

·    high thermal mass materials;

·    conditions removing top level to allow better solar access to property to the south.

Yes, subject to condition.

2.5(a)

Room Sizes, Indoor Recreation Areas & Facilities

Class 1b and Class3 Boarding Houses as defined by the Building Code of Australia should

make provision for the following facilities within each building –

· bedrooms (containing sufficient storage area for each occupant);

· communal and/or individual laundry facilities;

· communal combined kitchen/dining room and/or individual kitchenettes in rooms:

· shared bathroom and toilet facilities - required for all boarding houses);

· communal lounge area - - required for all boarding houses)

· garbage storage and recycling facilities

· communal and individual lockable storage facilities;

· continuous shared hot water supply

· garbage storage & recycling facilities.

These facilities have been provided.

Yes

2.5(b)

Room Sizes, Indoor Recreation Areas & Facilities

Min. 14 sqm plus additional

5.5sqm for each additional

person after that.

Rooms must be lockable.

All rooms meet the minimum size requirements and can be lockable.

Yes

2.5(b)

 

No more than 2 people per bedroom

Most rooms are single occupancy while only a few allow for a double occupancy. No rooms provide for more than two.

Yes

2.5(b)

Facilities provided

As per Table 1 of DCP

The proposal is consistent with the requirements of this table.

Yes

2.6(a)

Outdoor Space

Requirements

35m² minimum area with a minimum dimension of 3.0 metres at any point,

to include a principal private area with a minimum dimension of 4.0 metres

at any point.

Provided.

Yes

2.6(b)

Outdoor Space

Location

The area should be north facing where it can receive a minimum 2 hours

solar access to at least 50% of the area during 9am and 3pm during the

winter solstice. For Class 1b Boarding Houses, greater emphasis is placed on

private room areas, with as many rooms as possible oriented towards the

north or east.

Communal open space areas should be connected to communal indoor

spaces, such as kitchens or living areas. Communal facilities such as BBQs,

seating and pergolas are also encouraged.

Complies with these requirements.

Yes

2.6(c)

Private Outdoor

Space Provision

30% of all bedrooms within Class 3 Boarding Houses should preferably have

some access to private open space in the form of a balcony or ground level

terrace area not less than 4sqm in area.

Two (2) bedrooms within a Class 1b Boarding House should preferably have

direct access to private open space, in the form of a balcony, roof terrace or

ground level courtyard area, comprising not less than 4sqm in area.

These have not been provided except for the manger’s suite.

 

 

No, but consistent with SEPP which would take precedence.

2.6(d)

Privacy

Requirements -

Outdoor Areas

Planting should be used to screen communal outdoor areas or private

balconies from adjoining properties or the public way, with trellis, screens

with climbing vines or the like used to complement deciduous tree planting.

The operation and control of the outdoor area should also be addressed in

the Operational Plan of Management to ensure that adjoining properties are

protected from excessive noise.

Potential noise and privacy impacts from the outdoor private open space will addressed by way of conditions of consent:

·    Extra high (2.2m) lapped timber fence on boundary;

·    Pergola over with translucent cover to minimise noise escape and increase privacy and enclosure;

·    Planting on boundary.

Yes – subject to deferred commencement conditions.

2.7(a)

Acoustic Impacts

design to minimise noise -

(i) locate windows in respect to the location of windows in neighbouring properties;

(ii) position communal outdoor/indoor areas or other rooms where noise may be

generated away from main living area or bedroom windows of any adjoining dwelling;

(iii) use screen fencing or planting as a noise buffer for external noise sources or in terms of

transferral of noise from communal areas to surrounding land uses;

(iv) use acoustic barriers as a noise buffer to external noise sources from surrounding land

uses and/or passive design considerations within the building to minimise noise

intrusion;

(v) install double glazing or use glass blocks (for light penetration – (not suitable where

natural ventilation is also required);

(vi) locate similar building uses (such as bedrooms or bathrooms) back to back internally

within the building, to minimise internal noise transmission.

(vii) locate air conditioners so that noise transmission to habitable rooms of adjoining

dwellings is minimised.

Screen fencing has been conditioned adjacent the northern side of the property to improve acoustic separation adjacent the outdoor communal living area.

 

In addition, a covered pergola is required over the outdoor living area.

 

Apart from these issues, the application has been submitted with an acoustic report which is satisfied that, apart from the above, the application will have acceptable acoustic impacts.

Yes – subject to deferred commencement conditions.

2.7(b)

Acoustic Report

an acoustic report is required for Class 3 Boarding Houses (see below) For Class 3 Boarding Houses an Acoustic Report prepared by a suitably qualified acoustical

consultant needs to be submitted with the 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:

· 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);

· identification of sensitive noise receivers potentially impacted by the proposal;

· 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 Boarding House 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 suitable acoustic report has been provided.

Yes

2.8(a)

Access for People with Disabilities

the ground level of all new Boarding Houses and building conversions/additions, plus associated spaces (including communal open space, parking areas and the like) at ground level shall comply with the following Universal Accessible Design criteria. This is so a person with a disability can travel easily from the street/parking area to ground floor rooms

and spaces Refer to Table1 for exceptions/variations to these requirements where shared accessible facilities are provided at ground level.

All ground level spaces are accessible and other facilities are also accessible.

Yes

2.9

Car Parking

This part is superseded by the requirements of the SEPP (Affordable Rental Housing) 2009.

Proposal complies with the requirements of the SEPP.

Yes

2.10(a)

Operational Plan of Management / On-site Management and Registration

An Operational Plan of Management is to be submitted with each development application for a boarding house (including new and existing boarding houses) to ensure that the proposed premises operate in a manner that maintains a high level of amenity. An appropriate form of on-site management with responsibility for the operation, administration, cleanliness and fire safety of the premises, including compliance with the Plan of Management and Emergency Management and Evacuation Plan, must be provided for the premises.

OPM has been provided.

Yes

2.10(b)

On-site Management and Registration

· All boarding houses must be registered annually with Council. Properties located adjacent to the boarding house premise are to be provided with a 24 hour telephone number for the live-in on-site manager. a bedroom needs to be provided specifically for the live-in on-site manager;

· All new boarding houses are to have a live-in, on - site manager Details must be provided to Council and the nominated person must be contactable 24 hours per day, 7 days a week. Any changes are to be notified to Council immediately;

· The on-site live-in manager may be one of the occupants or tenants who reside on the

premises;

· A clearly visible sign with the name and telephone number of the on-site, live - in manager

must be displayed externally at the front entrance of the boarding house and internally in the common area;

· On-site, live-in managers must be over 18 years of age;

· The on-site, live-in manager must be responsible for the efficient operation, administration, cleanliness and fire safety of the premises, including compliance with all aspects of the Operational Plan of Management annual registration annual Fire safety Certification as well as the Emergency Management and Evacuation Plan.

A live-in manager is required by condition of consent.

Yes

2.11

Waste

Garbage 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.

Suitable garbage bin areas have been proposed – though these are to be relocated by way of condition of consent.

Yes

2.12

Fire Safety

Ensure the safety of boarding house occupants in the event of fire.

Complies subject to conditions of consent.

Yes

 

 

 

Phil Sarin

Director Planning and Environment

 

 

 

 


Attachment 1

 

Plans of Proposal

 


 


 


 


 


 


 


 


 


Attachment 2

 

Locality Map

 


Attachment 3

 

Heritage Advice

 


Attachment 4

 

SEPP 65 Report

 


 


 


 


 


Attachment 5

 

Conditions

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Attachment 6

 

Submissions

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 September 2013 CM10.3

Subject                            DEVELOPMENT APPLICATION: 10.2012.269.1
380-384 LIVERPOOL ROAD ASHFIELD, 38 MILTON STREET ASHFIELD, 36 MILTON STREET ASHFIELD

 

File Ref                            DA 10.2012.269.1

 

Prepared by                   Philip North - Specialist Planner       

 

 

Reasons                          Matter requires Council determination

 

Objective                         For Council to determine the application

 

 

 


Supplementary Report

 

1.0    Description of Proposal

 

Pursuant to Clause 78A(1) of the Environmental Planning and Assessment (EP&A) Act 1979 (as amended) this application seeks Council’s consent for demolition of existing structures, the construction of a 6 storey commercial and residential flat building with ground floor retail, two levels of basement parking, lane widening and landscaping.

 

·    Demolition of the existing structures on the site;

·    Ancillary development including landscaping, garbage and common areas;

·    Construction of a 6 storey mixed use building consisting of:

o Level 1: A retail premises fronting Liverpool Road and Milton Street, Residential lobbies, basement car park access, ancillary facilities, storage, plant rooms and landscaping (including to the RMS reserve).

o Levels 2-6: 45 dwellings (22 x one bedroom dwellings, 22 x two bedroom dwellings & 1 x three bedroom dwelling).

o 2 level basement car park with a total of 83 car parking spaces.

 

2.0    Background

 

This application was referred to the Ordinary Council Meeting of Tuesday, 27 August 2013 for determination with a recommendation for deferred commencement consent subject to conditions (Attachment 2 – previous report to Council 27 August 2013)   ←←Hold down Ctrl button and click on hand to go to report on website.

 

Prior to the meeting, the applicant wrote to the Council requesting that the following amendments be made to the proposed conditions of consent:

 

·    Deletion of deferred commencement consent condition Part A, (4) requiring the dedication to Council of land subject to the widening of Milton Lane;

·    Deletion of deferred commencement consent condition Part A, (5) requiring the redesign and reduction in size of the basement car park so as to be clear of the lane widening above;

 

·    Clearer wording of deferred commencement consent condition Part A, (8)(a) as follows:

o Kerb long sections at 5 metre intervals for the proposed connection between Milton Street and Milton Lane. The section will start from Milton Street 20m from the proposed kerb return and extend to the Eastern-most boundary of the site;

·    Clearer wording of deferred commencement consent condition Part A, (8)(b) as follows:

o Cross sections at 10 metre intervals along Milton Lane from Milton Street to the Eastern-most boundary of the site; and

·    An extension of the time permitted to satisfy the deferred commencement consent conditions to a total of 18 months.

 

At this meeting, Council resolved:

 

“That Council as the consent authority pursuant to Clause 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) defer consideration of the matter and a follow up report be prepared which addresses the queries that have been raised by the applicant.”

 

3.0    Assessment

 

3.1    Conditions requiring dedication of land to Council and reduction in size of basement:

 

The conditions requiring the dedication of the widened lane to Council and the removal of the basement car park from beneath it resulted from concerns relating to designation of responsibility, maintenance, public access, as well as liability issues and the like relating to the road surface. In response to the applicant’s concerns regarding the reduction of the size of the basement car park, Council has consulted with its solicitor to formulate amended conditions of consent. These amended conditions would enable a clear legal avenue, by way of a stratum subdivision, permitting the dedication of the widened road surface to Council while allowing the retention of the basement car park as designed, along with the full quantum of the proposed car parking spaces within the legal boundaries of the development site. Accordingly, the following conditions have been formulated in consultation with Council’s solicitor and have been included in the conditions of consent:

 

C(19)  Structural adequacy of roadway

Structural adequacy of roadway to be dedicated to Council which will be contained in the stratum allotment shall be ensured as follows:-

 

A.        Detailed structural engineers documentation shall be submitted showing that the structural support for the road way referred to in conditions G(6) and G(8) is structurally capable of supporting all types and volumes of traffic.


 

 

B.        A certificate shall be submitted by an independent Council approved structural engineer, paid for by the applicant/site owner, that condition 3 A above has been satisfied.

 

G(6)         Dedication of land to Council

The laneway abutting the southern boundary of the site is to be widened, at the applicants cost, to a minimum width of 7.5m. This is to include a minimum 4.5m wide road reservation on the area marked “A” on drawing number DC-1 “Annotated Ground Floor Plan”, which is also to contain a minimum 1.5m wide pedestrian footpath on the northern side. The area marked “A” on drawing DC-1 containing the driveway and footpath area is to be dedicated to Council free of all costs to Council, to be available to members of the public for use as a road way and footpath, the fee simple of which shall be vested in Council (“the public roadway”). The dedication of this land shall be the area of land marked “A” limited in depth which will form the stratum allotment which is to be created pursuant to condition 2 below.

G(7)         Creation of stratum allotment for the land to be dedicated to Council

The land which is the subject of the development consent shall be subdivided to include a stratum subdivision so as to create one stratum allotment for the land above the basement car park which will be the public road. The stratum allotment to be generally that area identified as “A” on the drawing No. DC-1 but limited in depth.

 

A.        The stratum shall include details of the structural components of the road way structural slab including the depth of slab and the structural slab shall be the responsibility of the owner.

 

B.        The stratum shall include details of the roadway pavement, pavement depth, kerb and guttering, depth for underground utilities such as power lines and telecommunication and drainage infrastructure which shall be dedicated to Council.

 

A certificate of occupation shall not be issued for the whole of the development the subject of this consent until the applicant for consent or any successor in title, at its cost, obtains development consent for the stratum subdivision of the public road land and the stratum allotment is transferred to Council, in fee simple, at no cost to Council. The stratum allotments to generally include the surface of the area marked on the plan which is “A”.

 

G(8)    Dedication of land to Council between 380 Liverpool Road and the kerb line of Milton Street

The laneway part adjacent Milton Street and continuing to the south west corner of the site is to be widened at the applicant’s cost to be a minimum width of 9.5m.


 

This is to include a minimum 6.5m wide road reservation on the area marked “B” on drawing number DC-1, which is also to contain a minimum 3.5m wide pedestrian footpath on the northern side. The design of this area shall be approved by Roads and Maritime Services in order to ensure satisfactory vehicular manoeuvring. The area marked “B” on drawing number DC-1 containing the road surface and footpath area is to be dedicated to Council or to The Roads and Maritime Service free of all costs to Council, to be available to members of the public for use as a road way and footpath, the fee simple of which shall be vested in Council (“the public roadway”)

 

3.2    Conditions requiring additional cross sections in Milton Lane:

 

The applicant’s request for a variation to the conditions requiring further cross sections to be provided along Milton Lane are considered reasonable and the conditions have been amended accordingly (refer to Conditions Part A, 6(a) & (b)).

 

3.2    Conditions limiting time for satisfaction of deferred commencement conditions to 12 months:

 

Given both the complexity and the number of the deferred commencement conditions that the applicant must address, it is considered reasonable to extend the time limit for satisfaction of these conditions from the originally specified 12 months to the period of 18 months as requested.

 

4.0    Summary Recommendation

 

It is considered that the proposed amended conditions of consent provide a satisfactory means of resolving the issues surrounding the dedication of the widened Milton Lane to Council while also permitting the retention of the basement car park as originally designed. It is further considered that the applicant’s other requests, including the extension of the time permitted to address the deferred commencement conditions from 12 to 18 months, are reasonable and can be supported. Accordingly, the application is now recommended for approval subject to the amended conditions of deferred commencement consent.

 

 

 

ATTACHMENTS

Attachment 1View

Annotated Ground Floor Plan

1 Page

 

Attachment 2View

Report to Council 27 August 2013 - see page # of business papers for- hyperlink to webpage.

89 Pages

 

Attachment 3View

Conditions

22 Pages

 

 


 

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) grant deferred commencement consent to Development Application No. 10.2012.269 for the demolition of existing structures and construction of a six storey commercial and residential flat building with ground floor retail, two levels of basement car parking, lane widening and landscaping on part Lot 100, DP 1016118, Lot 8, DP 244344, part Lot A, DP 393265 and part Lot B, DP 393265, known as 380-384 Liverpool Road, Ashfield and 36-38 Milton Street, Ashfield, subject to conditions.

 

 

 

 

 

 

 

 

 

Phil Sarin

Director Planning and Environment

 

 

 

 


Attachment 1

 

Annotated Ground Floor Plan

 


Attachment 2

 

Report to Council 27 August 2013.

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

This attachment has been hyperlinked to relevant page on website due to the size of the document.

 (See page 148 of the business papers for web link)

 

 


Attachment 3

 

Conditions

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 September 2013 CM10.4

Subject                            INVESTMENT REPORT AUGUST 2013

 

File Ref                            Financial Management/Report/Investment Report

 

Prepared by                   Myooran Vinayagamoorthy - Chief Financial Officer       

 

 

Reasons                          Legislative Requirement

 

Objective                         To report the balance of investments as at 31 August 2013

 

 

 


Overview of Report
In accordance with the requirements of Clause 212 of the Local Government (General) Regulation 2005, Council is provided with a listing of all investments made pursuant to Section 625 of the Local Government Act 1993 and held as at

31 August 2013.

 

Background

Clause 212 of the Local Government (General) Regulation 2005 requires that a report be presented to Council each month listing all investments with certification from the Responsible Accounting Officer.

 

Investment Balances

Council’s cash at bank and investments as at 31 August 2013 amounted to $26,302,007.11. It should be noted that the amount currently invested represents all of Council’s external and internal restrictions (i.e. grants, section 94 funds, loans, etc) as well as cash flow requirements.

 

The movement of cash and investments during the month of August 2013 is as follows:

 

Cash at Bank and Investments as at 31 July 2013                                            $22,473,328.85

Increase/ (Decrease) during the month of Aug 2013                                       $  3,828,678.26

Cash at Bank and Investments as at 31 August 2013                                       $26,302,007.11

                                                                                              

Represented By:

Book Value          of Investments                                                                               $24,510,223.95

Cash at Bank                                                                                                      $  1,791,783.16 

                                                                                                                            $26,302,007.11

 

Receipts for the month of August exceeded payments because the first instalment of Rates and Annual Charges was due on 31 August 2013. Council also received the first instalment of the Financial Assistance Grant of $152,998.


 

 

Return on Investment

The following tables show the return on investment of Council’s funds over a range of periods. Fluctuations in monthly returns occur due to the quarterly receipt of CDO income and the annual adjustment of the fair value of the CDO.

 

Date

Monthly Return*

Quarterly Return*

Annual Return*

Two Years Return*

Three Years Return*

31/08/2013

6.72%

4.99%

4.45%

4.77%

5.23%

31/07/2013

3.74%

3.92%

4.17%

4.63%

5.12%

30/06/2013

4.22%

3.91%

4.26%

4.65%

5.01%

31/05/2013

3.79%

4.03%

4.47%

4.91%

5.64%

30/04/2013

3.69%

3.97%

4.58%

5.03%

5.68%

31/03/2013

4.62%

4.30%

4.63%

5.22%

5.73%

28/02/2013

3.62%

4.24%

4.70%

5.36%

5.73%

31/01/2013

4.70%

4.44%

4.89%

5.38%

5.79%

31/12/2012

4.45%

4.53%

4.91%

5.44%

5.80%

30/11/2012

4.16%

4.49%

5.06%

5.63%

5.82%

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%

* Returns are calculated based on the closing monthly balance of cash & investments.

 

The average yield on the short term portfolio for August 2013 was 3.91% whilst the comparative benchmark yield for 90 days bank swap rates was 2.67%.

 

The interest on investments as at 31 August 2013 is $147,391.43.

 

The market value of Aphex Pacific Capital CDO as at 31 August 2013 as per the reports provided by Australia and New Zealand Group Limited is $198,405. This is a decrease of $1,065 from the previous month’s market value.

 

Financial Implications

Nil

 

Other Staff Comments

Nil

 

Public Consultation

Nil

 

Conclusion

I certify that the investments have been made in accordance with the Local Government Act 1993 (as amended), the Local Government (General) Regulation 2005 and the Council’s Investment Policy adopted 23/08/2011 at the Budget and Operations Review Committee meeting.


 

 

 

ATTACHMENTS

Attachment 1View

Interest Income Graph August 2013

1 Page

 

Attachment 2View

Investment Graph August 2013

1 Page

 

Attachment 3View

ANZ CDO Report August 2013

10 Pages

 

Attachment 4View

Investment Portfolio August 2013

2 Pages

 

 

 

RECOMMENDATION

 

That the investment report for August 2013 be received and noted.

 

 

 

 

 

 

 

 

 

Nellette Kettle

Director Corporate & Community Services

 

 

 

 


Attachment 1

 

Interest Income Graph August 2013

 


Attachment 2

 

Investment Graph August 2013

 


Attachment 3

 

ANZ CDO Report August 2013

 











Attachment 4

 

Investment Portfolio August 2013

 



Ashfield Council – Report to Ordinary Meeting held on Tuesday 24 September 2013 CM10.5

Subject                            RESPONSIBLE ACCOUNTING OFFICER'S REPORT - AUG '13

 

File Ref                            RAO/AUG'13

 

Prepared by                   Myooran Vinayagamoorthy - Chief Financial Officer       

 

 

 

Objective                         To evidence that Council’s budgetary controls are operating and whether any material differences have been identified.

 

 

 

 


Overview of Report
This is a standard report containing a certification from the Responsible Accounting Officer that the monthly budget review has occurred and to report any material differences.

 

Background

Clause 202 of the Local Government (General) Regulation 2005 states:

The responsible accounting officer of a council must:

(a) establish and maintain a system of budgetary control that will enable the council’s actual income and expenditure to be monitored each month and to be compared with the estimate of the council’s income and expenditure, and

(b) If any instance arises where the actual income or expenditure of the council is materially different from its estimated income or expenditure, report the instance to the next meeting of the council.

 

Although the Regulations only require a report if a material difference exists, Council’s Chief Financial Officer provides a monthly report certifying that a budgetary review has occurred to provide Council with a higher degree of confidence that the system of budgetary controls are operating effectively.

 

Certification by the Responsible Accounting Officer:

A comparison of Council’s actual income and expenditure with its estimated income and expenditure for the period 1 August to 31 August 2013 has been performed and there were no material differences to report.

 

Financial Implications

There are no financial implications from this report.

 

Other Staff Comments

Nil

 

Public Consultation

Nil

 

 

Conclusion

The monthly budgetary review has been performed and there are no material differences to report.

 

 

 

ATTACHMENTS

There are no supporting documents for this report.

 

RECOMMENDATION

 

That this report be noted.

 

 

 

 

 

 

 

 

 

Nellette Kettle

Director Corporate & Community Services