1 AUBURN COUNCIL November 21, 2007 To the Ordinary Meeting of Council Director's Report Planning and Environment Department 1 Late Item - Resubmitted Report - 13-15 Marion Street, Auburn DA573/2004/B GF:TK SUMMARY This matter was deferred from final consideration at the Council’s meeting of 7th November 2007 (Refer Minute 360/07) pending an inspection of the property. The inspection has been arranged for Wednesday 21st November 2007, and accordingly the matter is re-submitted for consideration. Applicant Owner Application No. Description of Land Proposed Development Site Area Zoning Issues Joey Construction Joey Construction DA-573/2004/B Lot 8 Sec 13 DP 1389, Lot 200 DP 1107500, 13-15 Marion Street, AUBURN Section 96(1A) application to remove louvres and screening to windows of residential flat building and install two (2) maintenance hatches to balconies on Level 03 1226.57m² 2(c) Residential (Res. Flat Buildings) Streetscape Privacy Resident Objections Nominated by Councillor to be determined by Council RECOMMENDATION 1. That Development Application No. DA-573/2004/B for Section 96(1A) application to remove louvres and screening to windows and construct two (2) maintenance hatches to Level 03 of residential flat building on land at 13-15 Marion Street, AUBURN be referred to the General Manager for determination having regard to the matters for consideration detailed in Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) and other relevant issues with an indication that based on the information available to it, Council favours approval of the application subject to appropriate conditions. 2. That the General Manager be authorised to determine any application for minor modifications to the approved plans or consent conditions. REPORT The subject Section 96 (1A) application to modify consent was lodged on 21 May 2007. A detailed assessment of the proposal revealed that insufficient information had been submitted for assessment in support of the proposed modification. Following several written requests by Council officers, the required details were submitted to Council and now form the subject of this assessment report. November 21, 2007 To the Ordinary Meeting of Council 2 Director's Report Planning and Environment Department 13-15 Marion Street, Auburn (Cont’d) History Development Application No. 573/04 for demolition of existing site improvements and construction of a 4 storey residential flat building comprising 18 dwelling units over basement carpark was lodged with Council on 30 December 2004. The application was approved by Council at its meeting of 7 December 2005. A Section 96(1A) application (DA-573/2004/A) was lodged on 8 August 2006 to amend the approved residential flat building by internal alterations to flip over Units 2, 6 and 11 to allow lift access, change from curved wall to straight wall on external façade, reallocation of two adaptable units to Level 02, modification of the driveway to the basement car park and modification of parking layout. This modification was approved by Council under delegated authority on 21 March 2007. Site and Locality Description The subject site is known as Lot 7 Sec 13 DP 1389, Lot 8 Sec 13 DP 1389, 13-15 Marion Street, Auburn and is located on the corner of Marion Street and Beatrice Street. It lies in the vicinity of Queen Street to the north, Marion Street (Main frontage) to the east, Beatrice Street (Secondary frontage) to the south and Susan Street to the west. The site is rectangular in shape measuring 24.39m at the frontage by a length of 50.29m resulting in a total site area of 1226.57m². There is a fall from the rear of the site to Marion Street of approximately 1.54m. Excavation works and site clearing has been completed and the building has been partially constructed. The site is in close proximity to Auburn shopping centre, schools and Auburn railway station. Surrounding development of note include a contemporary five storey mixed use development located on the corner of Susan Street and Queen Street. Description of Proposed Development Council has received an application to modify the development consent to remove fixed aluminium louvre screens to various apartments and replacing them with 1.0 metre high solid spandrel panel balustrades and for the installation of two (2) maintenance hatches to the isolated balcony areas on Level 03. 1.0 metre high solid balustrades are to replace fixed louvres as follows: • • • • • • • • • • • Apartment No. 02 - Beds 1 and Bed 2 Apartment No. 03 - Beds 1 and Bed 2 Apartment No. 04 - Bed 1, Bed 3 and Living Apartment No. 06 – Bed 1 and Bed 2 Apartment No. 07 – Bed 1 and Bed 2 Apartment No. 08 – Bed 1, Bed 2 and Living Apartment No. 11 – Bed 1 and Bed 2 Apartment No. 12 – Bed 1 and Bed 2 Apartment No. 13 – Bed 1, Bed 2 and Living Apartment No. 17 – Bed 1, Bed 2 and Living Apartment No. 18 – Bed 1, Bed 2 and Living November 21, 2007 To the Ordinary Meeting of Council 3 Director's Report Planning and Environment Department 13-15 Marion Street, Auburn (Cont’d) Two (2) maintenance hatches are proposed to provide access to two roof areas located on Level 03 to Apartment No. 17 and 18. These hatches are accessed from the balconies of the units and are 1.0 metre high as measured from the finished floor level of the balcony. On the 1 June 2007 the modification was nominated by a Councillor to be determined by Council. Referrals Internal Referrals Development Engineer The development application was referred to Council’s Development Engineer for comment who has raised no objections to the proposed development subject to conditions of consent. Building Surveyor The development application was referred to Council’s Building Surveyor for comment who has raised no objections to the proposed development subject to conditions of consent. Assessment Section 96(1A) of the Environmental Planning and Assessment Act 1979 allows Council to modify a development consent if:(a) it is satisfied that the proposed modification is of minimal environmental impact The proposed modifications relate to removal of fixed screening to windows on balconies to be replaced by solid balustrades. The bulk and scale of the building remains the same as the original approval. Privacy impacts are considered acceptable given the substantial setback distances that are to be maintained to the side and rear boundaries from the modified windows. The windows located on the western elevation of the east wing are setback 26.60 metres from the rear (western) boundary and the windows to Bed 1 of Apt No. 06, 07, 11 and 12 are setback 10.55 metres from the side (northern) boundary. Furthermore, the windows that would be exposed as a result of the modification are bedrooms (non-living areas) and are not considered to pose significant privacy issues for the adjoining properties to the north and west. In view of the above, it is considered that the modification would have a minimal environmental impact. November 21, 2007 To the Ordinary Meeting of Council 4 Director's Report Planning and Environment Department 13-15 Marion Street, Auburn (Cont’d) (b) it is satisfied that the development for which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all) It is considered that the development as modified, is substantially the same development as that for which consent was originally granted. In particular, the approved bulk, scale, design expression, orientation and car parking arrangements would remain unchanged. (c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent In accordance with Council’s Notification of Development Proposals Development Control Plan, adjoining and nearby property owners and occupiers were advised of the proposed modification and were invited to comment. Two (2) submissions commenting on the proposal were received. (d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be. The submissions received by Council as a result of the public exhibition are discussed in greater detail later in this report. The provisions of any Environmental Planning Instruments (EP& A Act s79C(1)(a)(i)) State Environmental Planning Policies State Environmental Planning Policy No. 55 – Remediation of Land This SEPP restricts the development of land if it is unsuitable for a proposed use because it is contaminated. The Policy further requires that land be remediated, and verification provided, so as to ensure that the land will be suitable for it intended purpose. The matter of contamination was addressed in the assessment of the original development application and was found to be satisfactory. The proposed modification will not alter conclusions previously reached in relation to contamination. State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Buildings SEPP 65 aims to improve the design quality of residential flat development in New South Wales and is applicable to the subject proposal. The SEPP establishes ten design quality principles and these are considered in the following table: 5 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement Clause 2 Aims objectives etc. (3) Improving the design quality of residential flat development aims: (a) to ensure that it contributes to the sustainable development of NSW: (i) by providing sustainable housing in social and environmental terms (ii) by being a long-term asset to its neighbourhood (ii) by achieving the urban planning policies for its regional and local contexts (b) to achieve better built form and aesthetics of buildings and of the streetscapes and the public spaces they define (c) to better satisfy the increasing demand, the changing social and demographic profile of the community, and the needs of the widest range of people from childhood to old age, including those with disabilities (d) to maximise amenity, safety and security for the benefit of its occupants and the wider community (e) to minimise the consumption of energy from non-renewable resources to conserve the environment and to reduce greenhouse gas emissions Clause 30 Determination of DAs (1) After receipt of a DA, the advice of the relevant design review panel (if any) is to be obtained concerning the design quality of the residential flat development (2) In determining a DA, the following is to be considered: (a) the advice of the design review panel (if any) (b) the design quality of the residential flat development when evaluated in accordance with the design quality principles (c) the publication “Residential Flat Design Code” – DoP Sept. 2002 Part 2 Design quality principles Principle 1: Context Good design responds and contributes to its context. Context can be defined as the key natural and built features of an area. Responding to context involves identifying the desirable elements of a location’s current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity if the area. Yes No N/A Comment Public surveillance would be improved in respect to the Marion Street (eastern) elevation and Beatrice Street (southern) elevation where fixed louvre screens are proposed to be removed. No formalised Design Review Panel exists in respect of the Auburn Local Government Area. No change from previous consent. 6 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement Principle 2: Scale Good design provides an appropriate scale in terms of the bulk and height that suits the scale if the street and the surrounding buildings. Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area. Principle 3: Built form Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements. Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook. Principle 4: Density Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents). Appropriate densities are sustainable and consistent with the existing density in an area, or in precincts undergoing a transition, are consistent with the stated desired future density. Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality. Principle 5: Resource, energy and water efficiency Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction. Sustainability is integral to the design process. Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water. Yes No N/A Comment No change from previous consent. Minor changes to the form would increase glazing and are considered acceptable in this instance. No change from previous consent. The majority of units have cross and corner ventilation. Solar access is improved in respect to windows that are now exposed as a result of removing fixed aluminium louvre screening on the north, east and west elevations. 7 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement Principle 6: Landscape Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain. Landscape design buildings on the existing site’s natural and cultural features in responsible and creative ways. It enhances the development’s natural environmental performance by coordinating water and soil management, solar access, micro-climate, tree canopy and habitat vales. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character. Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbour’s amenity, and provide for practical establishment and long term management Principle 7: Amenity Good design provides amenity through the physical, spatial and environmental quality of a development. Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility. Principal 8: Safety and security Good design optimises safety and security, both internal to the development and for the public domain. This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces. Principal 9: Social dimensions Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities. New developments should optimise the provision of housing to suit the social mix and needs in the neighbourhood, or in the case of precincts undergoing transition, provide for the desired future community. Yes No N/A Comment No change from previous consent. Refer to comment for Principle 5 above. Public surveillance would be improved in respect to the Marion Street (eastern) elevation and Beatrice Street (southern) elevation where fixed louvre screens are proposed to be removed from living area and bedroom windows. No change from previous consent. 8 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement Principle 10: Aesthetics Quality aesthetics reflect the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area. Yes No N/A Comment The building form and front facades remain well articulated as a result of the proposed modifications. Entrance points to the building remain easily identifiable as floor to ceiling height louvre screens remain above the entrances facing the Beatrice Street and Marion Street frontages. Regional Environmental Plans Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 The site is located within the area within the Sydney Harbour Catchment and SREP (Sydney Harbour Catchment) 2005 is applicable to the development application. The development application raises no issues as consistency with the requirements and objectives of the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. Local Environmental Plans Auburn Local Environmental Plan 2000 The subject site is zoned 2(c) Residential (Low Density) under the provisions of Auburn Local Environmental Plan 2000 (ALEP 2000), where the proposed development, defined as a Residential Flat Building is permissible with Council consent. It is considered that the proposed development satisfies the relevant objectives of the LEP and the relevant objectives of the 2(c) Residential (High Density) zone. Clause 14 is a mandatory pre-condition to the granting of development consent. Council can be satisfied that an opinion has been formed as required by this clause that the proposal performs satisfactorily in respect of the matters set out in the clause for consideration. That is, the development is compatible with the existing and likely future character and amenity of nearby properties. 14. General restrictions on development in residential zones Consent may be granted for development on land within Zone No 2 (a), 2 (b) or 2 (c) only if, in the opinion of the consent authority, it is compatible with the existing and likely future character and amenity of nearby properties in terms of: (a) its scale, bulk, height, siting and landscaping, and There is no change proposed to the approved building height, which at four (4) storeys, is consistent with residential flat building development fronting Susan Street. The location and size of the footprint, total building height and setbacks remain unchanged from that which was originally approved. November 21, 2007 To the Ordinary Meeting of Council 9 Director's Report Planning and Environment Department 13-15 Marion Street, Auburn (Cont’d) (b) its operation, and No change to the operation of the development is proposed as part of the proposed modification. (c) traffic generation and car parking, and No change to the scale, bulk, height, siting and landscaping of the development is proposed as part of the proposed modification. (d) noise, dust, light and odour nuisance, and No changes expected as a result of the proposed modifications. (e) privacy, and Privacy impacts would be minimal given generous setback distances are to be maintained to the side and rear boundaries from the modified windows. The windows located on the western elevation of the east wing are setback 26.60 metres from the rear (western) boundary and the Bed 1 windows of Apt No. 06, 07, 11 and 12 are setback 10.55 metres from the side (northern) boundary. (f) stormwater drainage, and The proposed method of stormwater drainage remains unchanged from the original proposal and has been suitably conditioned in the original consent. (g) hours of operation Not applicable. (h) overshadowing. As the proposed modifications do not result in an increase in bulk and scale of the building, there will be no increase in overshadowing of adjoining properties. Clause 48 Surrounding lots Clause 48 of the LEP precludes Council from granting consent to development within certain zones if it is considered that the proposed development would prevent surrounding lots being development in accordance with the Local Environmental Plan. The proposed development as modified would permit surrounding sites to be developed in accordance with Auburn Local Environmental Plan 2000. 10 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) The provisions of any Draft Environmental Planning Instruments (EP& A Act s79C(1)(a)(ii)) Draft Auburn Local Environmental Plan (Amendment No. 14) Draft LEP (Amendment No. 14) was exhibited by Council from 8 June 2005 until 15 July 2005 and seeks to review various objectives, provisions, zoning tables and definitions within the Auburn Local Environmental Plan 2000. The draft Auburn Local Environmental Plan also aims to correct various zoning and drafting errors within the Auburn Local Environmental Plan 2000. The provisions and requirements of the Draft LEP raise no concerns as to the proposed modified development. The provisions of any Development Control Plans (EP& A Act s79C(1)(a)(iii)) (a) General Requirements DCP The application has been assessed against the objectives, performance criteria and development standards of the General Requirements DCP and is considered acceptable. The development is considered to be consistent with the planning intents of the West Auburn Residential Locality. (b) Residential Flat Building DCP The objectives and requirements of the Residential Flat Building DCP have been considered in respect to the proposed modifications:Requirement 2.0 Built Form Objectives a. To ensure that all development contributes to the improvement of the character of the locality in which it is located b. To ensure that development is sensitive to the landscape setting and environmental conditions of the locality c. To ensure that the appearance of the development is of high visual quality and enhances and addresses the street d. To ensure that the form, scale and height of proposed development protects the amenity of adjoining properties and the locality e. To ensure that one development is well related to another f. To ensure that when “built out”, the precinct provides a high quality sustainable living environment Yes No N/A Comment Surveillance of both Marion and Beatrice Street would be improved as more windows would be exposed as a result of the proposed modifications. 11 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement D2.1 Site Area Minimum site area = 1000m2 Average minimum width = 24m Yes No N/A Comment Site area = 1226.57m² Average site width = 24m D2.2 Lots may require amalgamation to achieve a residential flat building development D2.3 Residential flat buildings not permitted on battle axe sites D2.4 Building Envelope Council may prepare a site specific building envelope for certain sites D2.5 In designated flood prone areas, consultation with Council will be undertaken to produce a site specific building envelope to accommodate the flooding issues D2.6 Minimum 10m setback from the top of the creek bank of Haslams Creek and its tributaries D2.7 Site Coverage Maximum site coverage = 50% Non built upon area landscaped and consolidated into a one communal open space and a series of courtyards D2.8 Front Setback Front building line = 4-6m Front building line consistent with established setback for RFBs Lane frontage setback = 2m Secondary frontage (corner lots) = 3m Minimum 10m separation from front of one building to the front of the building on the opposite side of the street Walls to be articulated by bay windows, verandahs, balconies and/or blade walls. Articulation can be 600mm forward of building line D2.9 Side Setback Minimum side setback where no windows or only bathroom/laundry windows = 2m Minimum side setback where windows = 3m Eaves extend maximum 700mm from wall If building depth greater than 12m, a courtyard space that is min. 3m from the side boundary and min. 3m deep to be provided on the side wall generally mid way along the length of the wall D2.10 Rear Setback Min rear setback = 10m Min rear setback (on laneway) = 2m Where a building is “L” or “T” shaped and no windows to rear elevation min rear setback = 2m No change from previous approval. No change from previous approval. No change from previous approval. No change from previous approval. 12 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement D2.11 Olympic Drive Lidcombe Sites with frontage to Olympic Drive Lidcombe to address this road and provide min. 6m setback. Setback and verge to be landscaped and a double row of street trees planted. Setbacks to east-west streets should ensure view corridors to Wyatt Park are maintained and be generally 4-6m D2.12 Building Depth Max Building depth (excluding balconies) = 18m D2.13 Floor Space Ratio Max FSR = 1.2:1 Where double height mezzanine is included, the floor space of the double height space (void) not included twice Where land is being dedicated to Council, the area of this land is included in site area for FSR calculation D2.14 Building Height Max height = 3 storeys above ngl with 4 storey component only when the development faces a public street or public open space Max distance between finished floor level and ngl = 1m D2.15 Floor to Ceiling Heights Min. floor to ceiling height = 2.7m Where there is a mezzanine, floor to ceiling height may be varied Floor to ceiling height for ground/first floor is encouraged to be 3m – 3.3m D2.16 Head Height of Windows Head height of windows and proportions of windows should relate to the floor to ceiling heights of the dwelling Where ceiling heights = 2.7m, min. window head height = 2.4m Where ceiling heights = 3m, min. window head height = 2.7m D2.17 Heritage All development adjacent to and/or adjoining a heritage item should be: • Responsive in terms of the curtilage and design • Accompanied by a Heritage Impact Statement • Respectful of the building’s heritage significance in terms of the form, massing, roof shapes, pitch, height and setbacks D2.18 Materials All development should use durable, quality materials Preference is given to bricks that are smooth faced and in mid to dark tone Yes No N/A Comment No change from previous approval. No change from previous approval. No change from previous approval. No change from previous approval. No change from previous approval. No change from previous approval. 13 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement D2.19 Articulation Windows and doors in all facades should be provided in a balanced manner and respond to the orientation and internal uses Dwelling entrances should create a sense of individuality and act as a transitional space between private and communal spaces Yes No N/A Comment The building would maintain well articulated frontages to the Marion and Beatrice Street elevations despite removal of fixed louvred screens on these frontages. Main entrances to each of the wings would remain easily identifiable given they are recessed into the building façade and have fixed louvred cladding above each of the entrance doors. D2.20 Roof Form Roof forms to be designed to they do not add to the perceived height and bulk of the building D2.21 Balustrades and Balconies Balustrades and balconies should allow for views from the interior and be partly transparent and partly solid Design of the underside of the balcony to take into consideration the view from the street and should avoid having exposed pipes and utilities D2.22 Dwelling Size Studio = 50m2 min 1 bed (cross through) = 50m2 min 2 1 bed (maisonette) = 62m min 1 bed (single aspect) = 63.4m2 min 2 2 bed (corner) = 80m min 2 bed (cross through/over) = 90m2 min 2 3 bed = 115m min 4 bed = 130m2 min Minimum no. of undersized units will be permitted where outcome achieves better amenity Living areas to be spacious and connect to private outdoor areas All rooms of adequate dimensions to accommodate intended use D2.23 Apartment Mix & Flexibility A variety of apartment types should be provided. Variety may not be possible in developments of up to six units D2.24 The appropriate apartment mix should be refined by • Considering population trends in the future as well as present market demands • Noting the apartment’s location in relation to public transport, public facilities, employment areas, schools and universities and retail centres D2.25 A mix of one and three bed apartments should be located on the ground level D2.26 The number of accessible and adaptable units to cater for a wider range of occupants should be optimised The proposed replacement of fixed louvre screens, which are generally floor to ceiling in height, with 1.0m high balustrades improves views from the interior of the building. 14 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement D2.27 The possibility of flexible unit configurations which support future change to optimise the building layout and to provide northern sunlight access for all apartments should be investigated D2.28 Robust building configurations with multiple entries and circulation cores should be provided in buildings over 15m long D2.29 Unit layout which accommodate the changing use of rooms should be provided D2.30 Structural systems that support a degree of future change in building use or configuration should be used 3.0 Open Space and Landscaping Objectives a. To provide sufficient and accessible open space for the reasonable recreation needs of the likely residents of the proposed dwelling b. To provide private open areas that relate well to the living areas of dwellings c. To enhance the appearance and amenity of Residential Flat Developments through integrated landscape design d. To provide for the preservation of existing trees and other natural features on the site, where appropriate e. To provide low maintenance communal open space areas f. To provide adequate opportunity for tall trees to grow and spread g. To conserve and enhance street tree planting D3.1 Landscaping A landscape plan prepared by a professionally qualified landscape architect or designer should be submitted with the development application which shows: • Proposed site contours and reduced levels at embankments, retaining walls, and other critical locations • Existing vegetation and the proposed planting and landscaping (including proposed species) • General arrangement of hard landscaping elements on and adjoining the site • Location of communal facilities • Proposed lighting arrangements • Proposed maintenance and irrigation systems • Proposed street tree planting D3.3 Paving may be used to: • Ensure access for people with limited mobility • Add visual interest and variety • Differentiate the accessway from the public street • Encourage shared use of accessways between pedestrians, cyclists and vehicles Yes No N/A Comment 15 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement D3.4 If an area is to be paved, consideration to be given to selecting materials to reduce glare and minimise surface runoff D3.5 All landscaped podium areas should maintain a minimum soil planting depth of 600mm for tree provision and 300mm for turf provision D3.6 Deep Soil Zone Min deep soil zone = 30% of site area D3.7 Majority of deep soil zone to be a consolidated area at the rear of the building D3.8 Min. dimension of deep soil zones = 5m D3.9 Deep soil zones do not include any impervious surfaces such as paving or concrete D3.10 Landscape Setting Development on steeply sloping sites should be stepped to minimise cut and fill D3.11 Existing significant trees should be retained within the development D3.12 Applicant to demonstrate that the development will not impact adversely on any adjoining public reserve or bushland D3.13 Residential flat buildings should address and align with any public open space and/or bushland on their boundary D3.14 All podium areas and communal open space areas which are planted should be provided with a water efficient irrigation system D3.15 Private Open Space Private open space to be provided for each dwelling in the form of a balcony, roof terrace or courtyard D3.16 Min courtyard area to ground floor dwellings = 2 9m Min dimension to courtyard of ground floor dwellings = 2.5m D3.17 Min balcony area to upper floor dwellings = 8m2 Min dimension to balcony of upper floor dwellings = 2m D3.18 Balconies may be semi-enclosed with louvres and screens Yes No N/A Comment 16 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement Yes No N/A Comment D3.19 Private open spaces should have convenient access from the main living areas D3.20 Part of the private open space should be capable of serving as an extension of the dwelling for relaxation, dining, recreation, entertainment and children’s play D3.21 Additional small, screened service balconies can be provided for external clothes drying areas and storage D3.22 Private open space and balconies should take advantage of mid and long distance views where privacy impacts will not arise D3.23 Communal open space should be useable, have a northern aspect and contain a reasonable proportion of landscaped area and paved recreation area D3.24 Min dimensions to communal open space area = 10m D3.25 Buildings structures or disturbance to existing ground levels not be within drip line of significant trees to be retained D3.26 Biodiversity The planting of indigenous species is encouraged D3.27 Street Trees Driveways and services located to preserve significant trees D3.28 Additional street trees should be planted at an average spacing of 1 per 10 metres of street frontage to all street frontages except laneways D3.29 Council’s Landscape Architect should be consulted to determine the appropriate species for street tree planting D3.30 Street tree planting to be shown on landscape plan 4.0 Access and Car Parking Objectives a. To provide convenient and safe access and parking that meets the needs of all residents and visitors b. To encourage the integrated design of access and parking facilities to minimise visual and environmental impacts c. To ensure adequate drainage, lighting and ventilation of car parking areas D4.1 Design of Parking Spaces All RFBs to have underground car parking and fitted with a security door No change proposed to approved parking provision. 17 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement Yes No N/A Comment D4.2 Parking to comply with provisions of Part H – Parking and Loading DCP D4.4 Number of parking Spaces 1 bed = 1 space 2 bed = 1 space 3 bed = 2 spaces 4 bed = 2 spaces Visitors = 2 spaces /10 units D4.5 1 carwash bay/service bay per development D4.6 Car parking not to be provided at a higher rate unless developments are not close to public transport D4.7 Stacked parking for a maximum of 2 car parking spaces may be provided only for use by the same dwelling D4.8 Parking spaces can be enclosed if they have a minimum internal width of 3m clear of columns D4.9 Basements Where possible basement walls should be located directly under building walls No change proposed to approved basement level. D4.10 Underground parking to be naturally ventilated Underground parking not to rise more than 1m above ngl D4.11 Excavation associated with a basement below ngl can extend to the side boundary provided it does not contain ventilation grilles to this boundary D4.12 A dilapidation report should be prepared for all development that is adjacent to sites which build to the boundary D4.13 Where basement walls are not located on the side boundary they should be set back min. 1.2m from boundary to allow planting D4.14 Where basement walls are visible above ground level, they should be appropriately finished and should appear as part of the building D4.15 Driveway Design Driveways should be located and designed to avoid the following: • Being located opposite other existing access ways with significant vehicle usage • Restricted sight distances • On-street queuing • Being located within 6m of an intersection No change proposed to approved driveway. 18 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement Yes No N/A Comment D4.16 Driveways servicing car parking should comply with AS 2890 Parking Facilities or similar designs for car turning paths unless otherwise advised by Council’s Engineers D4.17 Max driveway gradient = 20% (or max. of 25% in extreme circumstances) D4.18 Accessways Accessways of a length exceeding 50m should incorporate: • A driveway width which allows for the passing of vehicles in opposite directions, which may be achieved by intermittent passing bays • Turning areas for service vehicles D4.19 Creation of new streets Where a new street is to be created, the street should be built to Council’s standards having regard to the circumstances of each proposal. Consideration will be given to maintaining consistency and compatibility with the design of existing roads in the locality. D4.20 A minimum width of 6m should be provided for all carriageways on access roads. If parallel on street parking is to be provided, an additional width of 2.5m is required per vehicle per side. D4.21 For larger self contained new residential areas, specific road design requirements will be established within site specific DCPs D4.22 New streets should be dedicated to Council. The area of any land dedicated to Council will be included in site area for FSR calculation 5.0 Privacy and Security Objectives a. To ensure the siting and design of buildings provide visual and acoustical privacy for residents and neighbours in their dwellings and private open spaces b. To provide personal and property security for residents and visitors and enhance perceptions of community safety Privacy impacts would be minimal given generous setback distances are maintained to the side and rear boundaries (being the adjacent residential boundaries) from the modified windows. The windows located on the western elevation of the east wing are setback 26.60 metres from the rear (western) boundary and the Bed 1 windows of Apt No. 06, 07, 11 and 12 are setback 10.55 metres from the side (northern) boundary. Three levels of bedroom windows would maintain views onto Beatrice Street as a result of the proposed modifications while windows to Bed 1, the Living room and Bed 2 of Apt No. 18 would be exposed on the eastern elevation of the east wing overlooking Marion Street. These exposed windows would provide additional public surveillance of both streets, which would enhance the sense of community safety in the area. 19 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement D5.1 Privacy RFBs should be designed to form large external courtyards with a minimum distance of 10-12m between opposite windows of habitable rooms D5.2 Windows to living rooms and main bedrooms should be oriented to the street and to the rear or to the side when buildings form a “L” or “T” shape D5.3 Site layout and building design should ensure that windows do not provide direct and close views into windows, balconies or private open spaces of adjoining dwellings Yes No N/A Comment Windows that are proposed to be exposed due to removal of fixed louvre screens on the northern elevation of the west wing are setback a distance of 10.22m away from the northern boundary (adjoining residential boundary to No. 11 Marion). Windows to Bed 1 of Apt No. 06, 07, 11 and 12 are proposed to have fixed louvre aluminium screens removed and face the northern boundary which adjoins a dwelling house (No. 11 Marion). These windows are considered to be setback an acceptable distance (10.55m) to the northern boundary to offset any significant issues of overlooking into the private open space of No. 11 Marion. Furthermore these windows are all bedrooms which are not considered to be ‘living spaces’ or commonly occupied areas of the units. For the above reasons the proposal is considered to satisfy the requirements of this clause. D5.4 Views onto adjoining private open space should be obscured by: • Screening that has a maximum area of 25% openings, is permanently fixed and made of durable materials, or • Existing dense vegetation or new planting D5.5 New dwellings to be protected from existing and likely future noise sources from adjoining residential properties and other high noise sources and minimise the transmission of intrusive noise to adjoining residential properties D5.6 New development should comply with the EPA Environmental Noise Control Manual and the current AS for noise and vibration and quality assurance 20 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement Yes No N/A Comment D5.7 RFBs in the vicinity of major arterial roads or railway lines must incorporate appropriate noise and vibration mitigation measures into the design in terms of siting of buildings, building materials and design, orientation of buildings and noise barriers D5.8 For RFBs in the vicinity of major arterial roads or railway line, a detailed noise and vibration impact assessment report including mitigation measures prepared by an appropriately qualified acoustic consultant must be submitted. Must have regard to: a) AS2107 Acoustics – Recommended design sound levels and reverberation times for building interiors b) AS 3671-1989 Acoustics – Road and Traffic Noise Intrusion – Building, siting and construction c) BS 6472: 1992 Evaluation of Human Exposure to Vibration in Buildings d) EPA Environmental Noise Control Manual e) EPA Environmental Criteria for Road Traffic Noise D5.9 Security Shared pedestrian entries to buildings should be lockable D5.10 Buildings adjacent to streets or public spaces should be designed to allow casual surveillance over the public area The proposed modifications result in improved public surveillance of Beatrice and Marion Street. Refer to comment for 5.0 (b). D5.11 Ground floor apartments may have individual entries from the street D5.12 Where RFBs adjoin a park or public open space, they are to be treated like a front garden, entrance for the length of the park D5.13 Visually impenetrable solid fences not to exceed 900mm in height D5.14 Visually transparent front fences not to exceed 1.8m in height D5.15 All fences front of the building alignment should be treated in a similar way D5.16 Where front fences are required to satisfy acoustic abatement criteria, they are to be provided with landscaped area on the street side of the fence No change to approved fencing provision. 21 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement Yes No N/A Comment 6.0 Adaptable Housing Objectives a. To ensure a sufficient proportion of dwellings include accessible layouts and features to accommodate changing requirements of residents b. To encourage flexibility in design to allow people to adapt their home as their needs change due to age or disability D6.1 Development should include adaptive housing features into the design D6.2 Physical barriers, obstacles, steep gradients and steps are to be avoided D6.3 Lifts are encouraged to service at least one section of four (4) storey development D6.4 All development proposals with 5 or more units should provide potentially adaptable units in accordance with AS4299 (Type C) and potentially complying with AS1428 5-10 dwellings = 1 adaptable unit 11-20 dwellings = 2 adaptable units 21-30 dwellings = 3 adaptable units 31-40 dwellings = 4 adaptable units 41-50 dwellings = 5 adaptable units over 50 dwellings = 6 adaptable units plus 10% of additional dwellings beyond 60 rounded up to the nearest whole number 7.0 Energy Efficient Design and Water Conservation Objectives a. To minimise overshadowing of adjoining residences and to achieve energy efficient housing in a passive solar design that provides residents with year round comfort and reduces energy consumption b. To make living, working and business environments more comfortable c. To give greater protection to the natural environment by reducing the amount of greenhouse has emissions d. To ensure each new dwelling reaches an efficient level of thermal performance as determined by NatHERS e. To reduce the consumption of non-renewable energy sources for the purposes of heating water, lighting and temperature control f. To encourage installation of energy efficient appliances that minimises green house has generation D7.1 Solar Access Solar collectors on proposed buildings or existing buildings on adjoining properties, or a minimum of 3m2 of north facing roof (in the event that there are no solar collectors) should have unimpeded solar access between the hours of 9am and 3pm on June 21 Glazed areas on the facades of the building are exposed as a result of the modification and would improve solar access. 22 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement D7.2 Buildings should be designed to ensure sunlight to at least 50% of the principal area of ground level private open space of adjoining properties for at least 3 hours between 9am and 3pm on June 21 If the principal area of ground level open space of adjoining properties does not currently receive this amount of sunlight, the new development should not further reduce solar access D7.3 Habitable living room windows should be located so to face an outdoor space D7.4 North facing windows to living areas of neighbouring dwellings should not have sunlight reduced to less than 3 hours between 9am and 3pm on June 21 over a portion of their surface. Where the proposed RFB is on an adjacent boundary this may not be possible D7.5 Internal living areas and external recreation areas should have a north orientation for the majority of units where possible D7.6 The western walls of RFBs should be suitably screened D7.7 Ventilation Where practicable rooms with high fixed ventilation openings such as bathrooms and laundries should be located on the southern side to act as buffers to insulate from winter winds D7.8 Units should be designed with cross ventilation and dual aspect where possible. Single aspect apartments should be minimised unless they are north facing. Max depth of single aspect apartments = 8m to a window D7.9 Energy Efficiency All applications to be accompanied by NathERS certification showing minimum 3.5 star rating to all units D7.10 Applicants are encouraged to use solar water heating and/or to choose alternatives advised by SEDA D7.11 Hot water systems to have min. 3.5 star rating D7.12 If clothes dryers are installed, they are to have min. 3.5 star rating D7.13 Water Conservation New buildings should provide for the use of water efficient fixtures Yes No N/A Comment 23 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement D7.14 Rain Water Tanks Developments may have rainwater tanks D7.15 Rainwater tanks should be constructed, treated or finished in a non-reflective material which blends in with the overall tones and colours of the building and the surrounding developments D7.16 The suitability of rainwater tanks erected within the side setback areas will be assessed on a case by vase basis D7.17 Rainwater tanks not to be located in front setback D7.18 The overflow from the domestic rainwater tanks must discharge to the site stormwater disposal system D7.19 Rain water tanks must comply with: • As 2179-1994 “Specifications for rainwater Goods, Accessories and Fasteners” • AS2180-1986 “Metal Rainwater Goods – Selection and Installation” 8.0 Ancillary Site Facilities Objectives a. To ensure that site facilities are effectively integrated into the development and are unobtrusive b. To ensure site facilities are adequate, accessible to all residents and easy to maintain c. To ensure facilities are provided for efficient solid waste management d. To cater for the efficient use of public utilities including water supply, sewerage, power, telecommunications and gas services and for the delivery of postal and other services D8.1 Waste Disposal A waste and recycling bin pick-up area that is capable of accommodating 1 x 120 litre bin per dwelling with easy access to the street frontage and which is located within 60m walking distance from each dwelling should be provided in the basement D8.2 A Water tap and drain should be provided adjacent to the garbage collection area D8.3 Facilities for source separation of recyclables/reusables with convenient access for private vehicle loading should be provided D8.4 Common composting facilities to be provided at an accessible location that is not directly adjacent to dwellings Yes No N/A Comment 24 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement Yes No N/A Comment D8.5 Clothes Washing and Drying Each dwelling to be provided with individual laundry facilities located within the dwelling unit D8.6 Open air clothes drying facilities to be provided in a sunny, ventilated and convenient location which is adequately screened from streets and other public places D8.7 Storage Min 8m3 storage space per dwelling as part of the garage or a lockable unit at the side of the garage D8.8 Storage areas not to impinge on minimum parking dimensions D8.9 Utility Services Undergrounding of undertaken services should No change to approved storage provision. be D8.10 Other Site Facilities One TV antenna per building to be provided D8.11 A mailbox structure that meets Australia Post requirements should be provided, located centrally and close to the main street entry to the site. Mailboxes to be lockable. Individual mailboxes can be provided where ground floor units have direct access to the street 9.0 Subdivision Objectives a. To ensure that subdivision and new development that will occur as a result of the creation of additional allotments is sympathetic to the landscape setting and established and intended character of the locality b. To provide allotments of sufficient size to satisfy user requirements and to facilitate development of the land at a density permissible within the zoning of the land having regard to site opportunities and constraints D9.1 Lot Amalgamation Development sites involving more than one lot should be consolidated D9.2 Plans of Consolidation should be submitted to and registered with the Land Titles office. Proof of registration should be produced prior to the issue of the Occupation Certificate D9.3 Adjoining parcels of land not included in the development site should be capable of being economically developed Conditioned in original consent. Refer to condition ‘10’ of the original consent. 25 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Requirement Yes No N/A D9.4 Subdivision The community or strata title subdivision of a RFB must accord with the approved DA plans particularly in regard to allocation of private open space, communal open space and car parking D9.5 Proposed lots which contain existing buildings and development must comply with maximum FSR, site coverage and other controls in this DCP (c) Comment Subdivision not proposed. Parking and Loading Development Control Plan The relevant requirements and objectives of the Parking and Loading DCP have been considered and no non-compliances/variations arise as a result of the proposed modifications. (d) Access and Mobility DCP 2005 The provisions of the Access and Mobility DCP have been considered and no noncompliances/variations arise as a result of the proposed modifications. The provisions of the Regulations (EP& A Act s79C(1)(a)(iv)) The proposed development raises no concerns as to the relevant matters arising from the EP& A Regulations 2000. The Likely Environmental, Social or Economic Impacts (EP& A Act s79C(1)(b)) It is considered that the proposed development will have no significant adverse environmental, social or economic impacts in the locality. The suitability of the site for the development (EP&A Act s79C(1)(c) The subject site and locality is not known to be affected by any natural hazards or other site constraints likely to have a significant adverse impact on the proposed development. Accordingly, the site can be said to be suitable to accommodate the proposal. The proposed development has been assessed in regard it its environmental consequences and having regard to this assessment, it is considered that the development is suitable in the context of the site and surrounding locality. Submissions made in accordance with the Act or Regulation (EP&A Act s79C(1)(d Advertised (newspaper) Mail Sign Not Required In accordance with Council’s Notification of Development Proposals Development Control Plan, the proposal was publicly exhibited for a period of fourteen (14) days between 23 May 2007 and 6 June 2007. The notification generated 2 (two) submissions in respect of the proposal. The issues raised in the public submissions are summarised and commented on as follows: 26 Director's Report Planning and Environment Department November 21, 2007 To the Ordinary Meeting of Council 13-15 Marion Street, Auburn (Cont’d) Privacy: The removal of louvres and screening will affect the privacy of adjoining residents. Louvres and screening is a critical element of the rules and regulations governing this type of development for privacy. Comment: Privacy impacts would be minimal given generous setback distances which would be maintained between the side and rear residential boundaries and the modified windows. The windows located on the western elevation of the east wing are setback 26.60 metres from the rear (western) boundary and the Bed 1 windows of Apt No. 06, 07, 11 and 12 are setback 10.55 metres from the side (northern) boundary. These setback distances are considered to adequately minimise any overlooking issues associated with the removal of the fixed louvred screens. In respect to the Beatrice and Marion Street elevations, the windows that are now exposed on these facades and would improve public surveillance of the streets, thus enforcing a sense of community safety in the area. Bin storage area: A concern was raised by an adjoining neighbour that the proposed modifications will affect the bin storage area. Comment: The bin storage area is unaffected by the proposed modifications. The public interest (EP& A Act s79C(1)(e)) The public interest is served by permitting the orderly and economic development of land, in a manner that is sensitive to the surrounding environment and has regard to the reasonable amenity expectations of surrounding land users. In view of the foregoing analysis it is considered that the development, if carried out subject to the conditions set out in the recommendation below, will have no significant adverse impacts on the public interest. Conclusion The development application has been assessed in accordance with the relevant requirements of the Environmental Planning and Assessment Act 1979. The proposed development is appropriately located within the 2(c) Residential (Residential Flat Buildings) Zone under the relevant provisions of Auburn Local Environmental Plan 2000. The proposal is consistent with all statutory and non-statutory controls applying to the development. The development is considered to perform adequately in terms of its relationship to its surrounding built and natural environment and having regard to impacts on adjoining properties. For these reasons, it is considered that the proposal is satisfactory having regard to the matters of consideration under Section 79C of the Environmental Planning and Assessment Act, 1979, and the development may be approved subject to conditions. ATTACHMENTS COUNCILLORS – CIRCULATED UNDER SEPARATE DA Plans - T035401/2007 - S96 02, Ground Floor Plan T035400/2007 - S96 03, Level 01 Plan T035398/2007 - S96 04, Level 02 Plan T035397/2007 - S96 05, Level 03 Plan T026113/2007 - S96 07, Sections/Courtyard Elevations T026114/2007 - S96 08, Beatrice St. + Marion St. Elevations T026115/2007 - S96 09, North and West Elevations COVER TO ALL
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