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Hornsby Shire Council |
Attachment to Report No. PLN30/09 Page 0 |
Attachment 3
EDAW – April
2009
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Development Application No: |
DA/452/2008A |
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Description of Proposal: |
Subdivision of one lot into two – (Section 96(1A)) |
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Property Description: |
Lot 100 DP 1130236 (No. 146) |
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Applicant: |
Jill P Ball |
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Owner: |
Jill P Ball |
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Statutory
Provisions: |
Hornsby Shire Local Environmental Plan 1994 Residential A (Low Density) Zone |
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Estimated Value: |
No amendment to original cost of works |
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Ward: |
A |
RECOMMENDATION
THAT Development Application No. 452/2008/A for the modification
of an approved subdivision of one lot into two by adjusting the boundary and
amending the conditions of consent at Lot 100 DP1130236,
EXECUTIVE SUMMARY
1. The application proposes a Section 96(1A) modification of an approved development by amending the common boundary and modifying the specified conditions of consent.
2. DA/452/2008 for the subdivision of one allotment into two and dedication of a portion of the land for road widening was approved by Council on 13 June 2008.
3. The proposal complies with the provisions of the Hornsby Shire Local Environmental Plan 1994, Residential Subdivision, Dwelling House, Sustainable Water, Car Parking and Heritage Development Control Plans.
4. It is recommended that the application be approved.
HISTORY OF THE
APPLICATION
On 13 June
2009, DA/452/2008 for the
· Subdivision of one allotment into two:
- Proposed
-
Proposed Lot 102: Irregular shaped allotment to the east
(rear) of proposed
· Dedication to Council at no cost of a 120m2 portion of proposed lot 102 which encroaches into the Robinson Close road reserve. Following the excise of this land, the resultant area of Lot 102 is 613m2.
On 11 March
2009, Section 96 (1A) application to
modify the development consent by boundary adjustment of the approved
subdivision and modification of conditions of consent was submitted to Council.
The Section 96 application is the subject of this report.
HISTORY OF THE SITE
The site previously
had an area of 1341m2.
Following the approval of DA/452/2008 and subsequent dedication of a portion of
land for road widening, the balance of
THE SITE
The site has an area
of 1220m2, is located
on the eastern side of
The current
improvements on the site include a single storey clad residence with a garage
and a carport adjoining the eastern (side) boundary. Vehicular access is
provided via a driveway off
The allotment is
located in close proximity to the intersection of
The property is
located within the vicinity of street trees within the road reserve of
THE PROPOSAL
The proposal involves a section 96(1A) modification including the following:
1) Boundary adjustment to the common boundary of the approved subdivision with no building works.
The boundary adjustment would alter the approved
areas of proposed
Proposed
Approved site area: 610m2
Proposed site area: 710m2 (subject to the site survey)
Proposed
Approved site area: 611m2 (after road dedication)
Proposed site area: 510m2 (subject to the site survey)
2) Deletion of conditions Nos. 2, 3, 4, 5, 6, 8,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 24, 25, 28, 37 and modification to
Condition No. 9 of the development consent. The conditions, requested to be
removed, relate primarily to building and engineering works.
ASSESSMENT
The development
application has been assessed having regard to the ‘2005 City of
1. STRATEGIC
CONTEXT
1.1 Metropolitan Strategy – (Draft) North
Subregional Strategy
The Metropolitan
Strategy is a broad framework to secure
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 modification
to the development does not seek to create or reduce the number of allotments
and therefore, does not have any strategic planning implications.
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 Environmental Planning and Assessment Act, 1979 - Section 96(1A)
Pursuant to Section 96(1A) of the Environmental
Planning and Assessment Act 1979, Council may consider an application to amend
development consent provided that, inter alia:
“(a) it is satisfied that the proposed
modification is of minimal environmental impact, and
(b) it is satisfied that the development to
which the consent as modified relates is substantially the same development as
the development for which the consent was originally granted and before
that consent as originally granted was modified (if any at all) under this
section, and
(c) it
has notified the application in accordance with the regulations, and
(d) it
has considered any submissions made concerning the proposed modification within
the period prescribed by the regulations.”
With
respect to paragraph (a), it is considered that the proposed modification would
have minimal environmental impact as the modifications relate to minor boundary
adjustment and amendment to conditions relating to building works.
With respect to paragraph (b), it is satisfied that the development to which the consent as modified relates is substantially the same development.
With respect to paragraph (c), consistent with Council’s policy, the amended application was not advertised as it would not affect any neighbouring property, would not alter the overall appearance of the existing dwelling and would not result in loss of any car parking spaces as originally approved.
Paragraph (d) is not applicable as the application was not notified.
2.2 Hornsby
Local Environmental Plan 1994
The subject land is
zoned Residential A (Low Density) zone under the Hornsby Local Environmental Plan 1994 (HSLEP). The objectives of the Residential A 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.
With regard to the zone
objectives, the proposed Section 96(1A) modification remains consistent with
the original development application (DA/452/2008), which provides for the
housing needs of the population and promotes a variety of housing types within
a low density context. The proposed modification is consistent with the zone
objectives and is permissible in the Residential A zone with Council’s consent.
Clause 14 of HSLEP
prescribes that the minimum area per allotment for subdivision within the
Residential A zone is 500m2. The proposal complies with these requirements, as outlined in Section
2.4 below.
Clause 15 of HSLEP prescribes that the maximum floor space ratio (FSR) of development within the Residential A zone is 0.4:1. The proposal complies with these requirements, as outlined in Section 2.4 below.
2.3 State Environmental Planning Policy No. Sydney Regional Environmental Plans No. 20 -
A detailed assessment of the proposal against the requirements of State Environmental Planning Policy No. 20 was undertaken as part of the original assessment for DA/452/2008. This Section 96 modification does not propose any changes that would alter the compliance of the original proposal with SREP – 20.
2.4 Residential Subdivision Development Control
Plan
The proposed
development has been assessed having regard to the relevant performance and
prescriptive design standards within Council’s Residential Subdivision Development
Control Plan. The following table sets out the proposal’s compliance with the
prescriptive standards of the Plan:
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Subdivision Development Control Plan |
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Control |
Proposal |
Requirement |
Compliance |
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Allotment Size |
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Allotment 101 |
710m2 |
500m2 |
Yes |
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Allotment 102 |
510m2 |
500m2 |
Yes |
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Allotment 102 |
200m2 |
200m2 |
Yes |
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Floor Space Ratio |
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Allotment 101 |
0.16:1 |
0.4:1 |
Yes |
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Allotment 102 |
0.39:1 |
0.4:1 |
Yes |
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Height |
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Allotment 101 |
1 storey |
2 storeys |
Yes |
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Building Length |
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Allotment 101 |
Unchanged |
24m |
Yes |
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Unbroken Wall Length |
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Allotment 101 |
Unchanged |
10m |
Yes |
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Private Open Space |
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Allotment 101 |
Approx 268m2 |
80m2 |
Yes |
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Allotment 102 |
Approx 101m2 |
120m2 |
No |
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Car Parking |
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Allotment 101 |
2 spaces |
2 spaces |
Yes |
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Allotment 102 |
2 spaces |
2 spaces |
Yes |
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Setbacks |
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Allotment 101 - Front/Road - Northern side - Southern Size - Rear |
Unchanged Unchanged Unchanged Approx 17.6m |
6m 1m 1m 5m |
Yes Yes Yes Yes |
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Allotment 102 - Front/Road - Northern side - Southern Size - Rear |
9m 1m 1m Approx 5.4m |
6m 1m 1m 5m |
Yes Yes Yes Yes |
2.4.1 Private
Open Space
Based on an indicative
building envelope of 200m2 and siting of the building envelope within the submitted subdivision
plan, allotment 102 does not comply with the minimum open space requirement
within Council’s Residential Subdivision DCP. The DCP requires the provision of 120m2
private open space on the assumption that any future dwelling on
the site would be an ‘extra large dwelling’,
If, however, a future dwelling was a ‘large dwelling’ the allotment
would only need to provide 100m2 private open space. The proposed development satisfies this
development standard. Notwithstanding
the numerical non-compliance with the development standard, it is considered that
the proposed allotment has sufficient developable area to accommodate the required private
open space area of a future dwelling-house. The location and size of private
open space, as well as other specific building elements would be more
appropriately assessed under any future application for a dwelling house on lot
102.
2.5 Dwelling House Development Control Plan
As indicated in the Development Specifics Table,
the existing dwelling on
2.6 Car Parking Development Control
Plan
Compliance of the proposal with the provisions of Council’s Car Parking Development Control Plan was assessed as part of DA/452/2008 and was found to be satisfactory. With regard to car parking, the Section 96 modification does not propose any changes to the approved car parking and the proposal complies with Council’s Car Parking Development Control Plan.
2.7 Sustainable Water Development
Control Plan
Compliance of the proposal with the provisions of
Council’s Sustainable Water Development Control Plan was assessed in detail as
part of DA/452/2008 and was found to be satisfactory. The Section 96
modification does not propose any changes that would impact on water quality or
resources and the proposal is therefore considered consistent with Council’s Sustainable
Water Development Control Plan.
2.8 Heritage Development Control Plan
Compliance of the proposal with the provisions of Council’s Heritage Development Control Plan was assessed in detail as part of DA/452/2008 and was found to be satisfactory. The Section 96 modification does not propose any changes that would impact on the heritage provisions and the proposal is therefore considered consistent with Council’s Heritage Development Control Plan.
2.9 Section 94 Contributions Plan
Appropriate Section 94 levies have been calculated for the additional allotment as part of DA/452/2008. No further levies apply as part of the Section 96 modification.
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 proposal does not involve the removal of any existing
vegetation from the site. Appropriate conditions were recommended as part of
DA/452/2008 to prevent soil erosion and protect water quality. These conditions
remain as part of this assessment.
3.2 Built
Environment
As outlined within the Development Specifics Table and Sections 2.4 and 2.5, the existing dwelling located on allotment 101 complies with the development standards outlined in Council’s Dwelling House DCP. Any future modification to the existing dwelling house would require an assessment under a separate development application.
The size and configuration of allotment 102 complies with the relevant requirements under Council’s Subdivision DCP. Specific building elements including building length, unbroken wall length and height would be assessed as part of a future development application for a dwelling on allotment 102.
An engineering assessment of the proposed modifications has been undertaken and it is considered that the specified conditions in relation to the building and engineering works can be deleted except Condition 22 which read as follows:
“Design and construction of an
interallotment stormwater drainage system to service proposed
The applicant has requested that this condition be modified to exclude the requirement of all pits to be constructed of concrete cast in situ. However, this requirement is specified in Hornsby Council’s Civil Works Specification-Design Series and therefore deletion of this requirement is not considered appropriate unless or until it could be demonstrated that any future dwelling-house on lot 102 would not impact upon the stormwater easement.
3.3 Social
Impacts
The proposed development would not have any social impacts on the locality.
3.4 Economic
Impacts
The proposed development would not have negative economic impacts on the locality.
4. SITE
SUITABILITY
Section 79C(1)(c) of
the Act requires Council to consider “the
suitability of the site for the development”.
4.1 Bushfire
Risk
The site is classified
as being bushfire prone. The original application (DA/452/2008) was referred to
the NSW Rural Fire Service
(RFS) for comment. The RFS raised no
objections to the proposal subject to:
37. The development proposal
is to comply with the subdivision layout identified on the drawing prepared by
David C. Rumble numbered 071002GA dated 10/10/2007.
As part of this
Section 96(1A), the applicant has requested that Condition No. 37 be removed on
the basis that the condition is merely advice from the Rural Fire Service. The
Rural Fire Service was requested to comment on the removal of the condition,
however no response to Council’s referral has been received. Essentially, the
condition requires compliance with the approved plan, which is already listed
as a condition of consent (Condition No. 1). No specific conditions relating to
bushfire protection measures were recommended by the RFS, as no building works
are proposed as part of this application.
Following the
submission of a future application
for a dwelling house on lot 102, a separate referral may be made to the Rural
Fire Service and appropriate conditions may be recommended with regard to
bushfire protection. As such, given the minor nature of this application, it is
considered appropriate to remove Condition 37.
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
Council’s Notification
and Exhibition development Control Plan outlines specific notification
requirements for public exhibition of development applications. The subject
modification application is classed as a Section 96 (1A), being a modification
that is substantially the same development as the development for which
the consent was originally granted and involves minimal environmental impact. As
per Council’s Notification and Exhibition DCP, Section 96(1A) applications do
not require notification or exhibition.
5.2 Public
Agencies
The development
application is Integrated Development under the Act. Accordingly, the application was referred to
the following Agencies for comment:
5.2.1 Rural
Fire Service
As discussed in Section 4.1, the application was referred to
the Rural Fire Service for comment. A response has not been received.
6. THE
PUBLIC INTEREST
Section 79C(1)(e) of
the Act requires Council to consider “the
public interest”.
The proposal seeks
to amend a previously approved subdivision. The original application has been assessed
with regard to ‘the public interest’ and was found to be satisfactory. As the
amendment proposed by this application is minor in nature, it is not considered
that the public interest would be impacted.
7. CONCLUSION
The proposed development seeks approval for Section 96(1A) modification to an approved subdivision. The amendments seek approval for include a boundary adjustment and deletion of a number of conditions relating to building/engineering works. The adjustment of the approved subdivision boundary complies with Council’s controls and involves minimal environmental impact. Conditions requested to be deleted primarily relate to building/engineering works, and as the original proposal involved no building works, it is considered reasonable to delete conditions that are not relevant.
The proposed development is assessed as satisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, Sydney Regional Environmental Plan No. 20, Hornsby Shire Local Environmental Plan 1994 and the Residential Subdivision, Dwelling House, Car Parking, Sustainable Water and Heritage Development Control Plans.
Subject to appropriate conditions, the application is considered to be within the environmental capacity of the site and is recommended for approval.
SCHEDULE 1
1. Addition
of the following condition:
39. Sydney
Water – s73 Certificate
A s73 Certificate must be obtained from
Sydney Water
2. Amendment
of conditions 1 and 9 to read as follows:
“1. The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
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Plan No. |
Drawn by |
Dated |
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071002GA.DWG - Plan of Subdivision (Amended version
indicating new lot sizes) |
David C.Rumble |
8/04/2008 (submitted to Council on 11/03/2009) |
Subject
to final survey, lot 102 must have an area not less than 500m2 and
not greater than 520m2.
9. Works
to be undertaken within, or connecting to, public infrastructure, are to be
designed and constructed in accordance with the current Hornsby Shire Council’s
Civil Works – Design and Construction Specification. Details are to be
submitted with the application for a construction certificate.”
3. Deletion
of the following conditions:
2,
3, 4, 5, 6, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 24, 25, 28, 36, 37
4. Addition
of the following advisory notes:
ADVISORY NOTES
The following information is provided for
your assistance to ensure compliance with the Environmental Planning and
Assessment Act 1979, Environmental Planning and Assessment Regulation 2000,
other relevant legislation and Council’s policies and specifications. This information does not form part of the
conditions of development consent pursuant to Section 80A of the Act.
Environmental
Planning and Assessment Act 1979 Requirements
The Environmental Planning and Assessment Act 1979 requires:
a. A construction certificate prior to the commencement of any works. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Services Branch on 9847 6760.
b. A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.
c. Council to be given at least two days written notice prior to the commencement of any works.
d. Mandatory inspections of nominated stages of the construction inspected.
e. An occupation certificate issued before occupying any building or commencing the use of the land.
Subdivision Certificate
Requirements
A subdivision certificate application is required to be lodged with
Council containing the following information:
a. A surveyor’s certificate
certifying that all structures within the subject land comply with the
development consent in regard to the setbacks from the new boundaries.
b. A surveyor’s certificate
certifying that all services, drainage lines or access are located wholly
within the property boundaries. Where
services encroach over the new boundaries, easements are to be created.
c. Certification that the
requirements of relevant utility authorities have been met; and
d. a surveyor’s certificate
certifying finished ground levels are in accordance with the approved plans.
Note: Council will not issue a
subdivision certificate until all conditions of the development consent
have been completed.
Tree Preservation
Order
To ensure the maintenance and protection of the existing natural
environment, it is an offence to ringbark, cut down, top, lop, remove, wilfully
injure or destroy a tree outside three metres of the approved building envelope
without prior written consent from Council.
Fines may be imposed for non-compliance with Council’s Tree Preservation Order.
Note: A tree is defined as a perennial plant with self
supporting stems that are more than 3 metres or has a trunk diameter more than
150mm measured 1 metre above ground level, and excludes any tree declared under
the Noxious Weeds Act (NSW).
- END OF CONDITIONS -
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Natasha Mavlian |
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Environmental
Planner - EDAW |
Date: 07/04/09
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