Hornsby Shire Council

Attachment to Report No. PLN230/08 Page 0

INDEPENDENT CONSULTANT’S REPORT – ERECTION OF A DWELLING-HOUSE AND FRONT FENCE

Development Application No: 1228/2008

Description of Proposal: Erection of a dwelling-house and front fence

Property Description: Lot 1, DP 1086210, No.15 Shields Lane, Pennant Hills

Applicant: Home Team Constructions Pty Ltd

Owner: Mr D and Mrs C Klassen

Statutory Provisions: Hornsby Shire LEP - Residential A (Low Density)

Estimated Value: $409,300

Ward: C

RECOMMENDATION

THAT Development Application No.1228/08 for the erection of a dwelling-house at Lot 1, DP 1086210, No.15 Shields Lane, Pennant Hills be approved subject to conditions of consent detailed in Schedule 1 of this report.

EXECUTIVE SUMMARY

1. The application proposes the erection of a two storey dwelling-house and front fence at No.15 Shields Lane, Pennant Hills.

2. Council previously refused consent to DA/345/2007 for the erection of a two storey dwelling house on the site.

3. The proposal under DA/1228/2008 complies with the provisions of the Hornsby Shire Local Environmental Plan, 1994 and Council's Dwelling House Development Control Plan.

4. One submission objecting to the proposed development has been received during the exhibition of the proposed development.

5. It is recommended that the application be approved.

HISTORY OF THE SITE

On 15 August 2007, Council refused Development Application No.345/2007 for the erection of a two storey dwelling-house at the subject property on the grounds that:

"The proposal does not meet the performance criteria and objectives of the Solar Access element of the Dwelling House DCP. The design, height and setbacks of the proposal will result in a development that has a detrimental solar access impact on the private open space of the adjacent dwelling-house No.11 Shields Lane. The development will not ensure that reasonable solar access to these premises is maintained, even during winter months."

On 4 July 2008, the applicant lodged a Section 82A review request with the Council, however, the 12 month time limit for that review expired and, as such, the applicant has lodged the current development application with the Council.

THE SITE

The site is located on the southern side of Shields Lane, Pennant Hills.

The site has a 13.41m frontage to Shields Lane, a 43.31m eastern boundary, a 43.195m western boundary and a 13.41m southern boundary. The area of the site is 580m².

The site is currently vacant. There are a number of trees on the site, none of which have been identified as being of significance.

The slope of the site is from RL 164.61 AHD at the south western corner of the site to RL 162.00 AHD at the north eastern corner of the site.

Adjoining development comprises a mix of post war and contemporary styled, one and two storey dwelling-houses.

THE PROPOSAL

The application proposes the erection of a two storey dwelling house comprising a family and dining area, kitchen, lounge, home theatre, laundry, powder room and garage at ground floor level and four bedrooms, one with ensuite, a study and bathroom at the first floor level.

The front fence comprises a 1.8metre high brick structure with timber infill panels and indentations to accommodate landscaping.

ASSESSMENT

The development application has been assessed having regard to the "2005 City of Cities Metropolitan Strategy" the "North Subregion (Draft) Subregional Strategy" and the matters for consideration prescribed under Section 79C of the "Environmental Planning and Assessment Act 1979" (the Act). Subsequently, the following issues have been identified for consideration.

1. STRATEGIC CONTEXT

1.1 Metropolitan Strategy - (Draft) North Subregional Strategy

The Metropolitan Strategy is a broad framework to secure Sydney's place in the global economy by promoting and managing growth. It outlines a vision for Sydney to 2031, the challenges faced, and the directions to follow to address these challenges and achieve the vision. The draft North Subregional Strategy acts as a framework for Council in the preparation of a new Principal LEP by 2011.

The draft Subregional Strategy sets the following targets for the Hornsby LGA by 2031:

• Employment capacity to increase by 9,000 jobs, and

• Housing stock to increase by 11,000 dwellings.

The proposed development would be consistent with the draft Strategy by providing an additional dwelling and would improve the housing stock in the locality.

2. STATUTORY CONTROLS

Section 79C(1)(a) requires Council to consider any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and other prescribed matters.

2.1 Hornsby Shire Local Environmental Plan, 1994

The subject land is zoned Residential A (Low Density) under the Hornsby Shire Local Environmental Plan, 1994 (HSLEP). The objectives of the zone are:

"(a) to provide for the housing needs of the population of the Hornsby area.

(b) to promote a variety of housing types and other land uses compatible with a low density residential environment.

(c) to provide for development that is within the environmental capacity of a low density residential environment."

The proposed development is defined as a "dwelling-house" under the HSLEP and is permissible in the zone with Council's consent.

Clause 15 of the HSLEP prescribes that the maximum floor space ratio (FSR) of development within the zone is 0.4:1. The proposed dwelling-house has a floor area of 231.84m² which equates to a floor space ratio of 0.4:1 which accords with the development standard of clause 15.

2.2 Dwelling House Development Control Plan

The proposed development has been assessed having regard to the relevant performance and prescriptive design standards within Council's Dwelling House Development Control Plan (Dwelling House DCP). The following table sets out the proposal's compliance with the prescriptive standards of the Plan:

Dwelling House Development Control Plan
Control	Proposal	Requirement	Compliance
Floor Space Ratio	0.4:1	0.4:1	Yes
Site Cover	40%	40%	Yes
Dwelling Height	8.52m	9m	Yes
No. of Storeys	1 and 2	2	Yes
Length of Building	14.76m	24m	Yes
Unbroken Wall Length	7.17m	10m	Yes
Private Open Space	290m^2	120m^2	Yes
Landscaping	61%	45%	Yes
Car Parking	2 spaces	2 spaces	Yes
Cut and Fill	1.17m	1m	No
BASIX Certificate	204371S		Yes
Setbacks: - Front - Side - Side - Rear	6m 1.02m 1m 18.67m	6m 1m 1m 3m	Yes Yes Yes Yes

As detailed in the above table, the proposed development does not comply with the 1m cut and fill prescriptive standard within Council's Dwelling House DCP. The non-compliance is detailed below.

2.2.1 Cut and Fill

The original Development Application (No.345/2007) was refused by the Council due to concerns with solar access impacts to the adjoining development. The subject application has attempted to reduce the impact to the adjoining development by lowering the proposed dwelling-house into the site, with the result that a section of the proposed development requires a cut of 1.17metres. It is considered that the benefit gained to the adjoining development in terms of the shadow impact is such that a variation to the 1 metre cut prescriptive measure is warranted.

2.2.2 Front fence

The application proposes the erection of a 1.8m high masonry fence with a horizontal timber slat infill panel facing Shields Lane. To allow for future landscaping of the footpath area and to reduce the impact of the fence, the masonry component will be set back 500mm from the front boundary alignment with the timber panel a further 500mm back.

The proposed front fence is in keeping in terms of height, materials and design with similar structures in Shields Lane. The height and design of this fence would not detract from the visual character of the streetscape and complies with the objectives of the ‘Fencing’ element of the Dwelling House DCP.

3. ENVIRONMENTAL IMPACTS

Section 79C(1)(b) of the Act requires Council to consider "the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality".

3.1 Natural Environment

The proposed development would have no unacceptable impact on the natural environment. There are nine trees on the site comprising of a variety of species. Five trees would be removed or adversely affected by the proposed development. Four trees would be remaining after the development. It is Council’s assessment that none of the trees are significant.

3.2 Built Environment

The proposed development would have no impact on the built environment.

3.3 Social Impacts

There would be a number of multiplier effects that the development would provide throughout the local and regional economies. These multiplier effects would result from the sourcing of goods and services from suppliers in the local area during the construction stage of the development.

3.4 Economic Impacts

There are no economic impacts resulting from the proposed development.

4. SITE SUITABILITY

Section 79C(1)(c) of the Act requires Council to consider "the suitability of the site for the development".

The site is located within the Residential A (Low Density) zone and there are no physical constraints offered by the site to lead to the conclusion that the proposed development is unsuitable for the site.

5. PUBLIC PARTICIPATION

Section 79C(1)(d) of the Act requires Council to consider "any submissions made in accordance with this Act".

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 1 October 2008 and 15 October 2008 in accordance with Council's Notification and Exhibition Development Control Plan. During this period, Council received one submission. The submission objected to the proposed development, generally on the grounds that it would adversely impact on the amenity of the adjoining residents through overshadowing.

5.1.1 Solar Access

The relevant Performance Criterion of the Dwelling House DCP states:

"Dwelling-houses should not unreasonably obscure sunlight to habitable rooms, solar collectors or open space of adjoining development during the winter months."

The relevant Prescriptive Measures are:

"Unless site conditions dictate, dwelling-houses should be designed to allow at least 4 hours of sunshine to the private open space required for adjacent and proposed dwellings between 9am and 3pm on 22 June."

"Dwelling-houses should be designed to allow north facing windows to living areas of adjacent and proposed dwellings to receive 3 hours of sunshine between 9am and 3pm on 22 June over a portion of their surface."

Assuming that the adjoining dwelling-house at No.11 Shields Lane is an extra large dwelling, the required open space for that dwelling is 120m². Thus, the above prescriptive measure requires 4 hours of sunlight to be provided to 120m² of the private open space of the adjoining dwelling at No.11 Shields Lane.

The dwelling-house at No.11 Shields Lane has approximately 150m² of private open space. The shadow diagrams provided by the applicant indicate that:

• at 9:00am, there is no shadow cast by the proposed dwelling house onto the adjoining property at No.11 Shields Lane;

• at 12 noon, there is some shadow cast by the proposed dwelling house onto the private open space of No.11 Shields Lane, however, that shadow does not reduce the amount of open space receiving sunlight below the required 120m²;

• at 3:00pm, the quantum of the shadow cast by the proposed dwelling house onto the adjoining property at No.11 Shields Lane is such that less than the required 120m² will receive sunlight.

The applicant has not provided shadow diagrams for the 1:00pm time period in mid-winter, however, it is considered that the shadow cast by the proposed dwelling-house at that time would be such that close to the required 120m² of private open space at No.11 Shields Lane would receive sunlight. It is considered that, on balance, and having regard to the siting of the dwelling house at 11 Shields Lane, the shadow cast by the proposed development is reasonable and acceptable.

The shadow diagrams indicate that the proposed development would not cast shadow onto the north facing windows of the adjoining development such that the second of the above prescriptive measures is met by the proposed development.

6. PUBLIC INTEREST

Section 79C(1)(e) of the Act requires Council to consider "the public interest".

The public interest is an overarching requirement, which includes the consideration of matters discussed in this report. Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

The application is considered to have satisfactorily addressed Council's criteria and would provide a development outcome that, on balance, would result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed dwelling-house would be in the public interest.

7. CONCLUSION

The proposed development is for the erection of a two storey dwelling-house and front fence on a vacant parcel of land at No.15 Shields Lane, Pennant Hills.

The proposal is consistent with the requirements of the Hornsby Shire Local Environmental Plan, 1994 and, with a variation to the 1metre cut and fill control element, is consistent with the requirements of the Dwelling House Development Control Plan.

The proposal would add to the housing stock in the Pennant Hills area and warrants approval.

It is recommended that the Council approve the development, subject to the conditions of consent detailed in Schedule 1 of this report.