City of Charles Sturt
56.
TO:
Development Assessment Panel
FROM:
Manager Planning and Development
DATE:
18 February 2015
DAP Report 18/02/15
HENLEY WARD
ITEM 4.02 1 ANDERSON STREET HENLEY BEACH SOUTH SA 5022 - ENVIRONMENT
RESOURCES AND DEVELOPMENT (ERD) COURT COMPROMISE
Applicant
Mr M Russo
Development Application No
252/2501/14
Proposal
Demolition of existing dwelling & construction of three
single storey dwellings and front fences
Owner of land
C N Wang, Ms S M Lim
Zone
Residential
(Mid Suburban Policy Area 16)
Form of assessment
Merit
Public notification category
Consent Cat 1 No Notice
Representations
Nil
Agency consultations
Nil
Author
Megan Hendy - Development Officer
Development Plan provisions table
Attachments
Application documents
C.
Previous report and plans
Development Plan
25 September 2014
Recommendation
Agree to compromise
City of Charles Sturt
57.
DAP Report 18/02/15
Report
Background
The Panel refused DA 252/2501/14 at its 5 November 2014 meeting on grounds relating to a
failure to achieve orderly development. The Panel is reminded that the grounds of refusal as
minuted were as follows:
That pursuant to Section 33 of the Development Act, 1993, Development Approval be
REFUSED to Development Application Number 252/2501/14 for the following reasons:
•
Residential Zone - Mid Suburban Policy Area 16 - Desired Character Statement;
•
Residential Zone - Mid Suburban Policy Area 16 - Objective 1;
•
Residential Zone - Mid Suburban Policy Area 16 - Principle of Development Control 1;
•
Residential Zone - Principle of Development Control 14;
•
General Section - Design and Appearance - Principles of Development Control 1 (a),
14; and
•
General Section - Orderly and Sustainable Development - Objective 1
In that:
•
the development is not orderly and does not deliver a pleasant environment in which
to live;
•
the proposal is not consistent with the Desired Character statement of the Policy Area
due to the excessive overall combined building mass, proportion and scale of the built
form and its coverage of the site; and
•
the site areas per dwelling should be more aligned to those envisaged for various
other forms of dwelling encouraged by the Desired Character statement.
The applicant has subsequently appealed the decision to the Environment, Resources and
Development Court (ERD Court). The applicant has chosen to amend the plans seeking in
part to address the reasons for refusal as part of the ERD Court compromise process. These
changes are detailed in the following report.
At this stage there is no related land division application. If this amendment is supported,
the applicant will subsequently lodge a land division application to create three allotments
from one.
Proposal
The proposal as amended seeks approval to demolish the existing single storey detached
dwelling and associated outbuildings and construct three, single storey dwellings on the site
at 1 AndersOn Street, Henley Beach South. The dwellings are to be constructed of face brick
and colorbond roofs. The proposal also includes 1.8 metre high timber slatted fences
between precast concrete pillars along the front boundaries. The proposal seeks to retain
the existing street tree.
City of Charles Sturt
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DAP Report 18/02/15
The following is a summary of the changes from the previous proposal:
•
The rear setbacks for dwellings 1 & 3 have increased by 200-300mm.
•
The private open spaces for dwellings 1 & 3 have slightly increased.
•
The front side setbacks for dwelling 1 (southern side setback) and dwelling 3
(northern side setback) have been increased to 1.68 metres to create further
separation from the adjoining properties.
Site/Locality
As outlined in the
5th
November 2014 DAP report, the site is located within the Residential
Zone (Mid Suburban Policy Area 16). The surrounding locality is made up of predominately
single storey detached dwellings with a three storey apartment block directly opposite the
site. All but one site adjoining 1 Anderson Street has been sub divided in recent times with
site areas of approximately 385 —450 square metres.
There is an easement to the rear of the site owned by the Minister of Public Infrastructure
which is proposed to be kept clear of any development.
,.
.'
Subject Site: 1 Anderson Street, Henley Beach South
City of Charles Sturt
DAP Report 18/02/15
59.
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41.!
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Site opposite subject site (taken from Anderson Street) 47 HMAS Australia Road, Henley
Beach South
City of Charles Sturt
DAP Report 18/02/15
60.
Site and Locality Plan
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Subject Site shown in blue and Locality in red
City of Charles Sturt
DAP Report 18/02/15
61.
Development Assessment
The proposal is neither a complying nor non-complying form of development and must be
considered on its merits against the relevant provisions of the Development Plan. The
Development Act 1993 provides that a Planning Authority is to have regard to the relevant
provisions of the Development Plan in assessing development proposals.
Attachment A contains a comprehensive list of all Development Plan provisions considered
relevant to the proposal. A comprehensive assessment against the relevant provisions of
the Development Plan has been undertaken within Attachment A. Where compliance with
a particular Development Plan provision requires further discussion, it has been outlined in
further detail below.
Existing
D1
D2
D3
Development
Plan
___ ___ ___
DP
Provisions
met
Site Area per
Dwelling(m 2
820.6m 2
273.4m 2
273.8m 2
273.4m 2
No minimum
Yes
Street
Frontage
Width
30.48m
11.28m
8m
11.2m
No minimum
Yes
)
Setbacks
•
Front
7m
3m
3m
3m
2.5m
(average)
Yes
•
Side
2.3m
Boundary
-1.68m
On
boundary
Boundary
-1.68m
Boundary
(max 8m
length)
Yes (Dl and
D3), No (D2)
•
Rear
15m
9.1m
5.5m
9.2m
3m
Yes
45%
28%
29%
27%
25%
Yes
'Tenant
1
1
1
1
1
Yes
•Visitors
1
1
1
1
1
Yes
Private Yard
Areas
Carparking
Land Use
The Residential Zone envisages dwellings with a range of dwelling types in this zone. The
proposal for three single storey dwellings is therefore an appropriate use in the zone under
Principle of Development Control 1.
City of Charles Sturt
62.
DAP Report 18/02/15
Recent case law has now defined this proposal as three single storey dwellings. Council's
Development Plan has no minimum site area for dwellings. The proposed site areas of 273
square metres per dwelling are only 9% below the area required for a semi-detached
dwelling and are considered to be in keeping with similar lot sizes in the locality. They are
also consistent with Residential Zone, Objective 1 in the Development Plan which seeks "a
range of dwelling types". On this basis the site areas are considered acceptable.
Visual Appearance/Built Form
The side setbacks of dwellings 1 and 3 have been amended so that the minimum setback for
any portion of the dwelling is 600mm however the majority of all walls are greater than
900mm. Although still not consistent with all the building envelope requirements under
Residential Zone, Building Envelope Principle of Development Control 14, as portions of each
dwelling are located on side boundaries not meeting the 900mm setback requirement the
setbacks are considered sufficient to allow pedestrian access to the rear of the respective
dwellings. Dwelling 2 has not been modified however there is clear access through the
garage to the rear of the site and is therefore considered appropriate. It should also be
noted that complying development allows for multiple walls on the boundary for a length of
8 metres with minimum 3 metre spacing between the walls.
The walls for the garages of residences 2 and 3, while on the boundary, abut each other
limiting any impact. A similar technique has been used for residence 1 and 2 where the walls
on the boundaries are abutting each other for the majority of the length.
The proposed front setbacks of 3 metres are in line with the adjoining dwellings set back
from Anderson Street in which the greater setback is 2.5 metres. The front setbacks achieve
the average of the adjoining structures and are therefore in accordance with Design and
Appearance, Building Setbacks from Road Boundaries Principle of Development Control 23.
The associated garages for all three dwellings are proposed 5.5 metres from the front
boundary, behind the main face of the dwellings in line with Residential Development,
Garages, Carports and Outbuildings Principle of Development Control 8.
The three dwellings all meet the rear setback requirements for single storey dwellings.
Landscaping
There is not a great deal of landscaping provided at the front of the dwellings due to the
small setback and location of front fences. Attention has been given to retaining the existing
street tree to the front of the site and landscaping alongside the driveways to the entry
points have been provided along with further landscaping inside the front fences and
furthermore at the rear of all three dwellings. It should be noted that the locality currently
has limited landscaping fronting Anderson Street. The proposal is therefore considered to
improve the overall amenity of the locality.
Overshadowing
As the proposed dwellings are all single storey there will be limited overshadowing to the
adjoining properties at 44 and 44A Fletcher Road and 45 and 45A HMAS Australia Road. Due
to the orientation of the subject site, compared to the adjoining properties, any
City of Charles Sturt
63.
DAP Report 18/02/15
overshadowing will be to the rear of the adjoining sites in their private open space or service
yards where there is already landscaping that shades these areas.
The southern wall of residence 3, located on the side boundary will result in some
overshadowing to bedroom 3 of residence 2, due to the southern orientation of the wall.
Residence 2 is setback 2.5 metres from this boundary at this point and since all the dwellings
are single storey with wall heights under 3 metres the overshadowing will not be extensive
or unreasonable.
Overall, the level of overshadowing associated with this development is considered
acceptable.
Stormwater Management
The stormwater management plan proposed has been assessed and complies with the
Charles Sturt Council requirements. Each dwelling has a 4000L retention/detention tank
with a 20mm slow release outlet.
Traffic Management and Parking
The proposal provides one undercover car parking space and one additional visitor park in
front of the garage for each dwelling meeting the Off Street Vehicle Parking Requirements.
The driveways have also been reduced at the property boundaries to retain three on street
car parking spaces and retain the existing street tree at the front of residence 2.
Private Open Space
The proposed amended plans now meet the requirements in Principle of Development
Control 14 that requires 25% of the site for private open space. All three dwellings have
increased areas of private open space and now are in excess of 25% for each dwelling. The
private open space provided is located at the rear, creates separation from bedroom
windows to adjoining sites, is directly accessible from a living area and has a minimum 4m x
6m usable area in line with Principle of Development Control 12. The proposed areas of
open space are primarily in one large useable area. Overall, private open space provided
with the development is acceptable.
Conclusion
This application has been assessed against the Charles Sturt Development Plan dated 25
September 2014.
The proposal satisfies the provisions within the Development Plan with respect to land use
within the Residential Zone. The proposal will not adversely affect the desired character of
the locality.
The recent case law now renders the development simply for dwellings and therefore there
is no minimum allotment size specified.
City of Charles Sturt
64.
DAP Report 18/02/15
The plans have been modified since the original application to allow for a 600-900mm space
to the side of each dwelling to enable access to the rear yards.
The amount of private open space provided, is in excess of the Development Plan
requirement of 25% and is consequently considered satisfactory.
Therefore, having regard to the relevant provisions of the Development Plan and the
context of the locality, the amended proposal is considered to have sufficient merit to
warrant support.
Recommendation
Reason for Decision
The Panel has read and considered the report prepared by the Development Officer Planning dated 18 February 2015 and agrees with the assessment outlined in that
report.
That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not
seriously at variance with the relevant provisions of the Charles Sturt (City)
Development Plan consolidated 25 September 2014.
That the [RD Court be advised the Council accepts the proposed compromise and
recommends the following draft orders:
BY CONSENT THE COURT ORDERS THAT:
Development Plan consent pursuant to the Development Act, 1993 is granted to
Development Application Number 252/2501/14 (ERD Court Compromise) for Russo
Design & Construction "Demolition of existing dwelling & construction of three single
storey dwellings and front fences" on the land located at 1 Anderson Street, Henley
Beach South described as Volume 5139 Folio 456, subject to the following reserved
matters and conditions:
Reserved Matters
The following detailed information shall be submitted for further assessment and
approval by the Manager Planning and Development as delegate of the DAP as
reserved matters under Section 33(3) of the Development Act 1993:
(a)
An amended stormwater management plan (SMP) and calculations with the
amended setbacks consistent with the altered dwelling layout must be provided
to the Council and approved prior to Development Approval being granted.
City of Charles Sturt
65.
DAP Report 18/02/ 15
Conditions
That the proposal shall be developed in accordance with the details and approved
plans stamped by Council except where varied by the conditions herein and shall be
completed prior to occupation of the proposed development;
•
•
•
Demolition Plan drawn by Dante and dated 2.07.2014
Site Plan drawn by Dante and dated 2.07.2014
Elevations drawn by Dante and dated 2.07.2014
All stormwater runoff shall be directed away from neighbouring properties.
All stormwater from buildings and paved areas shall be disposed of in such a manner
that it does not result in the entry of water into a building or affect the stability of a
building.
The finished floor level of the proposed building/s must be a minimum of 300mm
above the street/road watertable (gutter).
Notes:
You are advised that construction of any footpath, kerb, gutter or crossover on
Council land will require a permit from Council's Engineering and Construction
Department. It is illegal to undertake work on Council land without permission.
You are advised that under the Fences Act you are legally required to give notice for
the removal of a fence on the common boundary. Please refer to the Fences Act for
the correct procedural requirements.
You are advised that the proposed activity must comply with the requirements of the
Environment Protection Act and Regulations at all times.
The approval for this development does NOT imply approval to alter, shift or remove
any street tree, side entry pit, stobie pole, bus stop, fire hydrant or other gas,
electricity, water, telecommunications or other similar infrastructure. Approval to
alter any of these or similar infrastructure needs to be obtained from the relevant
government department, private organisation or Council. Any costs associated with
such alteration are the responsibility of the applicant.
Development Approval must be received for this development within 12 months of
the date of this Development Plan Consent.
You will require a fresh Development Plan Consent and Development Approval before
commencing or continuing the development if you are unable to satisfy these
requirements.
City of Charles Sturt
66.
DAP Report 18/02/15
To ensure your development can now proceed without unnecessary delays please ensure
the matters outlined below are properly managed.
The following information outlines your obligations in relation to appropriately managing
noise, dust and works effecting adjoining land (both private and public).
Driveway Crossovers
•
If you are relocating an existing driveway crossover you must remove and reinstate the
old crossover to match the existing kerb profile, footpath and verge. You will require a
permit to work on Council land to construct your new driveway crossover which must
be constructed to Council specification. Please contact Council on 8408 1111 or refer to
our website http://www.charlessturt.sa.gov.au/page.aspx?u=808&c=4118 for relevant
specifications.
Council Verges
•
Please take every precaution necessary to avoid damage to the landscaping and
infrastructure present on Council verges, as you will be required to make good
damage to Council property.
Common boundary
•
When removing fences that are on the common boundary with your neighbour you
must give your neighbour 28 days notice in writing that you intend to remove the
dividing fence. Where the neighbour has a pool, particular care must be taken to
ensure the pool is not left exposed, if temporary fencing is installed the temporary
fence must comply with AS 1926.1 - Swimming pool safety. We recommend that you
consider the Fences and the Law booklet available on line and follow the processes
outlined in the booklet.
•
Where it is intended to erect external walls on the boundary the face of the external
wall must be on the boundary. Further, barge boards, capping tiles or other fixtures
on the boundary wall must not encroach upon the land of the adjoining owner.
Existing fence lines may not be the true legal boundary. To avoid violation of
neighbour's rights, the onus of proof of the boundary line rests with the owner of the
land where the work is undertaken. This will necessitate a survey being carried out by
a licensed surveyor to identify the true location of the boundary and proposed footing
on the ground. You will need the neighbour's written approval to enter their land to
carry out any construction.
Neighbours
•
Construction within an established neighbourhood can be a stressful time for existing
residents. You are urged to take all necessary precautions to ensure adjoining
properties are not damaged or residents unreasonably impacted. In the interests of
good neighbourliness you may wish to consider providing your contact details to all
adjoining property owners inviting them to contact you should there be any concerns
during the construction process.
City of Charles Sturt
67.
DAP Report 18/02/15
Dust
•
Airborne dust and sand emissions potentially generated on site must be managed and
this can be achieved by wetting down the soil and site during the demolition and
construction process. If you have any concerns or questions in relation to dust you
can contact the EPA on 8204 2004.
Asbestos
•
If there is asbestos material in or on the building or fencing to be demolished there
are specific requirements for the method of removal and disposal of asbestos. The
removal of asbestos over 10 square metres in area must be carried out by a licensed
asbestos removal contractor in accordance with Safe Work SA requirements. For
further information in relation to this please contact Safe Work SA on 1300 365 255.
Use of Public Space
•
Should any part of the development process require use of public land (ie, the
footpath, nature strip, road or other reserve), additional permits will be required.
•
Examples of such activities include storage of materials, delivery of materials from
public land, placing of temporary fences on public land, blocking of the road, footpath
or nature strip for any period of time.
•
Where works from public space impact vehicular or pedestrian traffic, you will be
requested to lodge a Traffic Management Plan that adheres to the requirements of
the relevant Australian Standards.
•
Additional fees and charges may apply, please contact the Council's Compliance Team
on 8408 1380 to discuss your projects needs.
Environment Protection Note
The Environment Protection (Water Quality) Policy 2003 requires any person who is
undertaking an activity, or is an occupier of land to take all reasonable and practicable
measures to avoid the discharge or deposit of waste from that activity or land into any
waters or onto land in a place from which it is likely to enter any waters (including the
stormwater system).
The policy also creates offences that can result in on-the-spot fines or legal proceedings. The
following information is provided to assist you to comply with this legislation:
1.
Building and construction should follow sediment control principles outlined in the
Stormwater Pollution Prevention - Code of Practice for the Building and Construction
Industry (EPA 1999). Specifically, the applicant should ensure:
•
During construction no sediment should leave the building and construction
site. Appropriate exclusion devices must be installed at entry points to
stormwater systems and waterways.
•
A stabilised entry/exit point should be constructed to minimise the tracking of
sand, soil and clay off site. However, should tracking occur, regular clean-ups
are advised.
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Litter from construction sites is an environmental Concern. All efforts should be made
to keep all litter on site. The applicant should ensure that bins with securely fitted lids,
capable of receiving all waste from building and construction activities, are placed on
site.
All building and construction wastewaters are listed pollutants under the Environment
Protection (Water Quality) Policy 2003 and as such must be contained on site.
It is important that you familiarise yourself with the terms of the Policy and ensure that all
contractors engaged by you are aware of the obligations arising under it.
For further information please contact the Environment Protection Authority on telephone
(08) 8204 2004.