Planning Report No. PL17/12
Planning Division
Date of Meeting: 15/08/2012
11 FURTHER REPORT - DWELLING - HOUSE AT NO. 29 ABUKLEA ROAD EPPING
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DA No: |
DA/310/2012 |
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Description of Proposal: |
Dwelling-house |
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Property Description: |
Lot 1, DP 409170, No. 29 Abuklea Road, Epping |
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Applicant: |
Eden Brae Homes P/L |
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Owner: |
Mrs Kripa Shivamurthy |
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Estimated Value: |
$393,000 |
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Ward: |
C |
EXECUTIVE SUMMARY
· The application proposes the demolition of an existing dwelling-house and the erection of a dwelling-house.
· The proposal complies with the requirements of the Hornsby Shire Local Environmental Plan 1994 (HSLEP) and Council’s Dwelling House Development Control Plan.
· The application was deferred by Council at its meeting on 20 June 2012 to enable discussion between the applicant and residents regarding objectors’ concerns. Amended plans have been submitted in response to the issues raised in submissions.
· Six submissions have been received in respect of the amended plans.
· It is recommended that the application be approved.
· As Council is currently in caretaker mode prior to the 8 September 2012 election, this Report has been prepared having regard to the requirements of Council’s Elections – Caretaker Period Policy. The recommended decision is not a “major decision” within the context of Council’s Policy.
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THAT Development Application No. DA/310/2012 for the demolition of an existing dwelling-house and the erection of a dwelling-house at Lot 1, DP 409170, No. 29 Abuklea Road, Epping be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Planning Report No. PL17/12. |
BACKGROUND
Council, at its meeting on 20 June 2012, considered Group Manager’s Planning Report No. PLN/36/12 concerning an application for the demolition of an existing dwelling-house and the erection of a dwelling-house on the subject allotment and resolved as follows:
1. In light of the applicant’s willingness to make further amendments to their application, specifically the option of an additional two metre setback, Development Application No. DA/310/2012 for the demolition of an existing dwelling-house and the erection of a dwelling-house at Lot 1, DP 409170, No. 29 Abuklea Road, Epping be deferred to enable the Group Manager Planning Division to facilitate discussions between the applicant and submitters to discuss opportunities to address residents’ concerns.
2. Should the results of the discussions and any modified plans adequately address concerns raised by residents, the Group Manager, Planning Division be delegated authority to assess the application.
In accordance with Part 1 of Council’s resolution, a meeting was conducted on 28 June 2012 between the applicant, two residents on behalf of submitters and Council officers. Councillor Browne also attended the meeting. The meeting enabled discussion concerning opportunities to address residents’ concerns.
In response to the issues raised at the meeting, the applicant has submitted further amended plans with alterations to the sitting and height of the dwelling-house as follows:
1. A 2 metre increase to the front boundary setback of the dwelling-house from Abuklea Road from 6 metres to 8 metres;
2. A 150 mm increase to the eastern side boundary setback of the dwelling-house from 1.35 metres to 1.50 metres; and
3. A 75 mm reduction in the overall height of the dwelling-house from RL82.51 to RL81.76.
The amended plans were renotified to submitters and adjoining property owners to gauge the views of residents as to whether the amendments respond to their concerns. Six submissions have been received objecting to the amended plans. Accordingly, the matter has been referred to Council for determination.
ASSESSMENT
Group Manager’s Planning Report No. PLN36/12 included an assessment of the proposal against Section 79C(1)(a) of the Act which includes “relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and regulations.” Accordingly, the following assessment is limited to consideration of the environmental impacts of the proposed amendments and issues raised in submissions.
1. 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 regulations”.
1.1 Hornsby Shire Local Environmental Plan 1994
The amended plans do not propose to alter the bulk, scale or design of the proposed dwelling-house. The amendments are limited to a relocation of the dwelling-house on the site by increasing the front and side (eastern) setbacks and a reduction in the height. The amendments do not alter the compliance of the proposal with applicable development standards under the HSLEP.
The proposed dwelling-house complies with the 0.4:1 floor space ratio applicable to the Residential A (Low Density) zone.
1.2 Dwelling House Development Control Plan
The amended development has been assessed having regard to the relevant performance criteria and design requirements of Council’s Dwelling House DCP. The following table sets out the compliance of the amended plans with the prescriptive requirements of the Plan.
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Dwelling House Development Control Plan |
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Control |
Proposal |
Requirement |
Compliance |
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FSR |
0.4:1 |
0.4:1 |
Yes |
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Site Coverage |
26% |
40% |
Yes |
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Height |
8.8m |
9m |
Yes |
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No. of Storeys |
2 |
2 |
Yes |
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Length of Building |
17.7m |
24m |
Yes |
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Unbroken Wall Length |
9.4m |
10m |
Yes |
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Private Open Space |
270m² |
120m² |
Yes |
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Landscaping |
55% |
45% |
Yes |
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Car Parking |
2 |
2 |
Yes |
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Cut and Fill |
1m |
1m |
Yes |
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Solar Access |
3 hrs |
3 hrs |
Yes |
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BASIX Certificate |
417319S-02 |
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Yes |
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Setbacks
Front Side (East) Side (West) Rear |
8m 1.5m 5.5m 13.7m |
6m 1m 3m 3m |
Yes Yes Yes Yes |
As detailed in the above table, the proposed complies with the prescriptive measures of the Dwelling House DCP. The impacts of the amendments to the setbacks of the dwelling-house are discussed below.
1.2.1 Front Setback
The amended plans propose an increase to the front boundary setback to Abuklea Road from 6 metres to 8 metres. This increase would result in a development that is consistent with the front boundary setback of the dwelling-house on the adjacent property at No. 31 Abuklea Road which has a variable setback between 6.6 metres and 12 .4 metres. Accordingly, the amended setback is consistent with adjacent development and would allow for off street car parking and landscaping.
1.2.2 Rear Setback
The 2 metre increase in the front boundary setback of the proposal would result in a corresponding decrease in the rear boundary setback from 15.7 metres to 13.7 metres. However, the rear setback would significantly exceed the 3 metre setback requirement contained within the Dwelling House DCP. Furthermore, a building separation of in excess of 15 metres would be maintained from the existing dwelling-house at No. 2 Stanley Road. The separation between the dwelling-houses contains existing landscaping and is appropriate to maintain the privacy and amenity of the adjacent dwelling.
1.2.3 Side Setback
The amended plans propose an increase in the eastern side boundary setback from 1.35 metres to 1.50 metres. The side setback exceeds the minimum 1 metre setback requirement contained with the Dwelling-House DCP. The proposed side setback is compatible with adjacent development
1.2.4 Height
The relocation of the dwelling-house would result in a reduction in the overall height of the proposed dwelling-house from 9 metres to 8.8 metres. The further reduction in the height of the dwelling is consistent with the performance criteria of the Dwelling-House DCP which states that dwellings should not “exceed 9 metres in height measured vertically from the natural ground level to the ridge line”. Although minor, the reduction in height would further reduce the impacts of the proposal in terms of bulk and scale, solar access and views.
2. PUBLIC PARTICIPATION
Section 79C(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.
2.1 Community Consultation
The original proposal was placed on public exhibition and was notified to adjoining and nearby landowners between 28 March 2012 and 11 April 2012 in accordance with Council’s Notification and Exhibition DCP. During this period, Council received 15 submissions.
The amended development was notified to adjoining and nearby landowners between 18 July 2012 and 1 August 2012 in accordance with the Notification and Exhibition DCP. During this period, Council received 6 submissions including an objection from the Abuklea Road Area Trust.
The map below illustrates the location of the landowners who made a submission in response to the amended plans.
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NOTIFICATION PLAN |
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• PROPERTIES NOTIFIED
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X SUBMISSIONS RECEIVED |
PROPERTY SUBJECT OF DEVELOPMENT |
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SUBMISSION OUT OF MAP RANGE: 3 Abuklea Road |
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The submissions object to the amended development, generally in terms of bulk and scale, design, height, privacy and heritage. These issues are addressed as follows:
2.2 Scale
The objective of the Scale element is to encourage development “of a scale compatible with the low density residential environment”.
The bulk and scale of the dwelling-house proposed in the amended plans has not been altered. The proposal would have a floor space ratio of 0.4:1, which meets the development standard prescribed in Clause 15 of the Hornsby Shire Local Environmental Plan 1994 for a dwelling-house in a Residential A (Low Density) zone. The floor space ratio also complies with the prescriptive measures of Council’s Dwelling House DCP. Accordingly, the proposal meets the objectives of the Scale element and is considered acceptable.
2.3 Design
The design of the dwelling-house has not been altered and the facades, as they would present to Abuklea Road and Stanley Street in terms of material and appearance, remains unchanged.
It is acknowledged that the proposed dwelling-house is of a contemporary design within a streetscape with a limited number of modern dwellings. However, the amendment to the front setback would facilitate a dwelling-house that is appropriately positioned on the allotment to be consistent with the established built form in terms of setbacks, landscaping and private open space. Furthermore, although the proposed dwelling-house has a modern design, the surrounding area has not been identified as a heritage conservation area. The streetscape is characterised by detached dwelling-houses on large allotments and the proposal is consistent with this character and with the objective of the zone to promote a variety of housing types and provide for the housing needs of the population of Hornsby Shire.
2.4 Height
The objective of the Height element is to encourage development with a building “height consistent with residential development in the local area and that maximises privacy, solar access and views”.
Due to the topography of the site, the relocation of the dwelling-house to an 8 metre setback from the Abuklea Road frontage would result in a lowering of the dwelling-house by 75 mm from RL82.51 to RL81.76. As a consequence, the overall height would be 8.8 metres, which complies with the 9 metre prescriptive measure.
The amended height results in a minor improvement in the design of the dwelling-house in terms of privacy, solar access and views, meets the objectives of the Height element and is considered acceptable.
2.5 Privacy
The objective of the Privacy element is to encourage development “that ensures reasonable privacy in the home and private open space for existing and future residents.” In support of this objective, the prescriptive measures state that “where the proposed dwelling-house is two storeys, the living and entertaining areas of the dwelling-house should be located on the ground floor.”
The dwelling-house design includes a rumpus room, a sitting room and two balconies at first floor level. These rooms and open spaces are orientated towards the southern and western sides of the property only and not the living or private open spaces of any adjoining development.
The northern side of the first floor level balcony off Bedroom 1 faces the adjacent property at No. 2 Stanley Road. However, the anticipated limited use of the balcony, the 13.7 metre setback from the boundary and its orientation towards the front yard would minimise any potential privacy impacts.
The proposal meets the objectives of the Privacy element and is considered acceptable.
2.6 Heritage
The objective of the Heritage element is to encourage “the retention of heritage items and conservation of heritage values in heritage conservation areas to provide continuity with the past.”
The subject site is not located within a heritage conservation area. However, it is in the vicinity of property Nos. 21-23 Abuklea Road and No. 32 Abuklea Road Epping, both of which are listed as heritage items of local significance under the provisions of Schedule D (Heritage Items) of the Hornsby Shire Local Environmental Plan 1994.
The development would be located at least 75 metres from the dwelling-houses on both these listed properties and as a consequence, would have a minimal impact on their heritage significance. The proposal meets the objectives of the Heritage element and is considered acceptable.
3. POLICY
As Council is currently in caretaker mode prior to the 8 September 2012 election, this Report has been prepared having regard to the requirements of Council’s Elections – Caretaker Period Policy. The recommended decision is not a “major decision” within the context of Council’s Policy.
CONCLUSION
The assessment of the plans considered by Council at its meeting on 20 June 2012 determined that the proposal had “addressed Council’s criteria under the Dwelling House DCP” and as a consequence, it was recommended that the application be approved.
An assessment of the amended plans submitted in response to Council’s resolution at that meeting concludes that the amended proposal also complies with the relevant requirements of the Dwelling House DCP, particularly in terms of the setbacks and height requirements of the DCP. The amendments to the proposal further improve the relationship of the proposed dwelling-house with adjacent properties and within the streetscape.
It is recommended that the application be approved.
Note: At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 147 of the Environmental Planning and Assessment Act, 1979 in respect of the subject planning application.
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Rod Pickles Manager - Development Assessment Planning Division |
James Farrington Group Manager Planning Division |
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1.View |
Locality Map |
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2.View |
Site Plan |
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3.View |
Elevation |
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4.View |
Section Plan |
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5.View |
Shadow Diagram |
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6.View |
BASIX Plan |
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7.View |
Slab Floor Plan |
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8.View |
Floor Plans |
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File Reference: DA/310/2012
Document Number: D01971686
SCHEDULE 1
GENERAL CONDITIONS
The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the relevant legislation, planning instruments and Council policies affecting the land and does not disrupt the amenity of the neighbourhood or impact upon the environment.
Note: For the purpose of this consent, the term ‘applicant’ means any person who has the authority to act on or the benefit of the development consent.
Note: For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or publication by a public authority shall be taken to mean the gazetted Act or Regulation, or adopted Australian Standard or publication as in force on the date that the application for a construction certificate is made.
1. Approved Plans and Supporting Documentation
The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:
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Drawing No. |
Drawn by |
Dated |
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Amendment F : Dwgs A17752 - pages 1 of 9 to 7 of 9 & page 9 of 9 (8 pages) |
Eden Brae Homes |
9-7-12 |
REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
2. Building Code of Australia
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
3. Design and Construction - Bushfire Attack Category
The dwelling-house construction must comply with the current Australian Standard AS3959 ‘Construction of buildings in bush fire-prone areas’ section 7 (BAL 29) and section A3.7 Addendum Appendix 3 of “Planning for Bushfire Protection and the following requirements: -
a. All guttering and valleys must be screened with non-corrosive mesh to prevent the build up of flammable material. Any materials used must have a Flammability index no greater than 5;
b. Roller doors, tilt-a-doors and the like must be sealed to prevent the entry of embers into the building;
c. All exposed/external timber used in the development must be of a fire resistant timber species as identified in RFS Development Control Notes. These species include Blackbutt, Kwila (Merbau), Red Iron Bark, Red River Gum, Silver Top Ash, Spotted Gum and Turpentine.
Notes: Timbers treated with an applied intumescent paint are no longer recognised by the Rural Fire Service as a fire retardant treated timber or a performance option to increase fire resistance.
4. Contract of Insurance (Residential Building Work)
In the case of residential building work for which the Home Building Act, 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.
5. Notification of Home Building Act, 1989 Requirements
Residential building work within the meaning of the Home Building Act, 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notice of the following information:
a. In the case of work for which a principal contractor is required to be appointed:
i. The name and licence number of the principal contractor.
ii. The name of the insurer by which the work is insured under Part 6 of that Act.
b. In the case of work to be done by an owner-builder:
i. The name of the owner-builder.
ii. If the owner-builder is required to hold an owner-builder’s permit under that Act, the number of the owner-builder’s permit.
Note: If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notification of the updated information.
6. Sydney Water – Quick Check
The application must be submitted to a Sydney Water ‘Quick Check Agent’ or ‘Customer Centre’ for approval to determine whether the development will affect any Sydney Water infrastructure, and whether further requirements are to be met.
Note: Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.
REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS
7. Erection of Construction Sign
A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
a. Showing the name, address and telephone number of the principal certifying authority for the work;
b. Showing the name of the principal contractor (if any) for any demolition or building work and a telephone number on which that person may be contacted outside working hours; and
c. Stating that unauthorised entry to the work site is prohibited.
Note: Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
8. Toilet Facilities
Toilet facilities must be available or provided at the works site before works begin and must be maintained until the works are completed at a ratio of one toilet for every 20 persons employed at the site. Each toilet must:
a. be a standard flushing toilet connected to a public sewer; or
b. be a temporary chemical closet approved under the Local Government Act, 1993.
9. Erosion and Sediment Control
Erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council specifications and to the satisfaction of the principal certifying authority. The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.
Note: On the spot penalties up to $1,500 may be issued for any non-compliance with this requirement without any further notification or warning.
REQUIREMENTS DURING CONSTRUCTION
10. Construction Work Hours
All work on site, including demolition and earth works, must only occur between 7am and 5pm Monday to Saturday. No work is to be undertaken on Sundays or public holidays.
11. Demolition
All demolition work must be carried out in accordance with Australian Standard 2601-2001 – The Demolition of Structures and the following requirements:
a. Demolition material is to be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan;
b. Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by WorkCover NSW in accordance with Chapter 10 of the Occupational Health and Safety Regulation 2001 and Clause 29 of the Protection of the Environment Operations (Waste) Regulation 2005; and
c. On construction sites where buildings contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm must be erected in a prominent position visible from the street.
12. Council Property
During construction works, no demolition or building materials, waste, machinery or related matter is to be stored on the road or footpath. The public reserve is to be kept in a clean, tidy and safe condition at all times.
13. Disturbance of Existing Site
During demolition/construction works, the existing ground levels of open space areas and natural landscape features, (including natural rock-outcrops, vegetation, soil and watercourses) must not be altered unless otherwise nominated on the approved plans.
14. Survey Report – Finished Floor Level
A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority prior to the pouring of concrete at each level of the building certifying that:
a. The building, retaining walls, front boundary fencing and the like have been correctly positioned on the site; and
b. The finished floor levels are in accordance with the approved plans.
REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE
Note: For the purpose of this consent, a reference to ‘occupation certificate’ shall not be taken to mean an ‘interim occupation certificate’ unless otherwise stated.
15. Fulfilment of BASIX Commitments
The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development.
16. Stormwater Drainage
The stormwater drainage system for the development must be designed and constructed for an average recurrence interval of 20 years and be gravity drained and connected directly to Council’s street drainage system.
17. Internal Driveway/Vehicular Areas
The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727 and the following requirements:
a. Design levels at the front boundary be obtained from Council;
b. The driveway be a rigid pavement; and
c. The driveway grade must not exceed 25 percent and changes in grade must not exceed 8 percent.
18. Vehicular Crossing
A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for the installation of a new vehicular crossing and the removal of the redundant crossing. The vehicular crossing must be constructed in accordance with Council’s Civil Works Design, 2005 and the following requirements:
a. Any redundant crossings to be replaced with integral kerb and gutter;
b. The footway area to be restored by turfing; and
c. Approval obtained from all relevant utility providers that all necessary conduits be provided and protected under the crossing.
Note: An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors. You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.
19. Damage to Council Assets
Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.
20. Retaining Walls
All required retaining walls must be constructed as part of the development.
21. Installation of Air Conditioner
To protect the amenity of adjacent properties, the condenser unit for the air conditioner must be sited a minimum of 3 metres from the property boundary of any adjoining residential premises unless a certificate has been prepared by a suitably qualified person confirming that the unit has been tested for heating and cooling on the highest settings and that the noise levels generated do not exceed 5 dB(A) above background noise levels when tested at the property boundary between 8 pm and 10 pm.
OPERATIONAL CONDITIONS
22. Swimming Pool Requirements
Child resistant fencing for the swimming pool in the rear yard must comply with the provisions of the Swimming Pool Act 1992, the Swimming Pool Regulation, 1998, Australian Standards 1926.1-3 – Swimming Pool Safety.
- END OF CONDITIONS -
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:
· The issue of 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.
· A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.
· Council to be given at least two days written notice prior to the commencement of any works.
· Mandatory inspections of nominated stages of the construction inspected.
· An occupation certificate to be issued before occupying any building or commencing the use of the land.
Long Service Levy
In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby Council.
Note: The rate of the Long Service Levy is 0.35% of the total cost of the work.
Note: Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.
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 3 metres of the approved building envelope without the prior written consent from Council.
Note: A tree is defined as a single or multi-trunked wood perennial plant having a height of not less than three (3) metres, and which develops many branches, usually from a distance of not less than one (1) metre from the ground, but excluding any plant which, in its particular location, is a noxious plant declared as such pursuant to the Noxious Weeds Act 1993. This definition of ‘tree’ includes any and all types of Palm trees.
All distances are determined under Australian Standard AS4970-2009 ”Protection of Trees on Development Sites”.
Fines may be imposed for non-compliance with Council’s Tree Preservation Order.
Dial Before You Dig
Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables within the vicinity of the development site.